When Can You Apply for a Partner Visa in Australia? Student, Visitor and Bridging Visas

The right time to apply for an Australian Partner Visa depends on where you are, what visa you currently hold, whether any visa conditions restrict a new application, and whether you meet the relationship and sponsorship requirements.

Some applicants can lodge an onshore subclass 820/801 Partner Visa while holding a Student Visa, Visitor Visa or another substantive visa. Others may need to address a No Further Stay condition, section 48, Schedule 3, the 12-month de facto rule or another validity issue before lodging. Applicants outside Australia generally consider the subclass 309/100 pathway.

When can you apply for a Partner Visa in Australia?

Home Affairs states that the subclass 820/801 Partner Visa pathway is for eligible spouses and de facto partners who apply in Australia. For the subclass 820 application, the applicant must be in Australia when the application is made.

The applicant must generally be the spouse or de facto partner of:

• an Australian citizen;
• an Australian permanent resident; or
• an eligible New Zealand citizen.

The relationship must satisfy the relevant legal requirements and the sponsor must also meet the sponsorship requirements.

See the official Home Affairs onshore Partner Visa information.

Can you apply for a Partner Visa while on a Student Visa?

Potentially, yes.

A person holding a valid Student Visa may be able to lodge an onshore Partner Visa if they:

• are in Australia;
• meet the Partner Visa relationship requirements;
• have an eligible sponsor;
• are not prevented from applying by a visa condition or another statutory bar; and
• meet the other application validity requirements.

The fact that someone is on a Student Visa does not itself prevent a Partner Visa application.

However, applicants should consider timing carefully. The Partner Visa application does not simply cancel the Student Visa. The current visa and its conditions continue to operate until it ceases, and any associated Bridging Visa generally has its own commencement rules.

Applicants should also make sure that information provided in earlier Student Visa applications is consistent with the relationship history now relied upon for the Partner Visa.

Can you apply for a Partner Visa while on a Visitor Visa?

Potentially, but the Visitor Visa conditions must be checked first.

A Visitor Visa holder in Australia may be able to lodge an onshore Partner Visa if the ordinary requirements are met. However, some Visitor Visas carry a No Further Stay condition such as condition 8503, 8534, 8535 or 8540.

A No Further Stay condition can prevent the visa holder from applying for many other visas while in Australia.

Home Affairs states that a waiver may be available in limited circumstances and that, where a waiver is required before a Partner Visa application can be made, the waiver must be approved first.

Always check VEVO and the visa grant letter before assuming an onshore Partner Visa application is available.

Can you apply for a Partner Visa from a Bridging Visa?

Sometimes, but the case may become significantly more complex.

A Bridging Visa is not a substantive visa. Home Affairs states that where an applicant for the subclass 820 does not hold a substantive visa and did not previously hold a Prospective Marriage visa, the applicant must demonstrate compelling reasons for grant.

This is commonly associated with Schedule 3 criteria.

The applicant’s immigration history, reasons for not holding a substantive visa, relationship circumstances and any children or compassionate factors may all become important.

See our dedicated Schedule 3 Partner Visa page.

Can you apply after another visa has been refused?

Potentially.

If the person does not hold a substantive visa and has had a visa refused after last entering Australia, section 48 of the Migration Act 1958 may restrict the visa classes that can be applied for in Australia.

Importantly, the Migration Regulations currently prescribe the onshore Partner visa classes for section 48 purposes. This means section 48 does not automatically make an onshore Partner Visa application impossible.

However, Schedule 3 and other requirements may still need to be addressed.

Read our detailed guide to section 48 and Partner Visa applications after a refusal.

When should you apply for an offshore Partner Visa?

Home Affairs states that applicants for the subclass 309 Partner Visa must be outside Australia when they apply.

The subclass 309/100 pathway may be relevant where:

• the applicant is already living overseas;
• the applicant cannot validly lodge an onshore Partner Visa;
• the couple’s circumstances make offshore processing more appropriate; or
• the applicant prefers to remain overseas while the application is processed.

Whether offshore or onshore is strategically preferable depends on the person’s current visa status, travel plans, relationship evidence, work and family commitments and any existing visa problems.

See our 309/100 Partner Visa page.

Do you need to be married before applying?

No.

Partner Visas are available to eligible married spouses and de facto partners.

For married applicants, the marriage must be recognised for Australian migration purposes and the relationship must still be genuine and continuing, subject to limited exceptions in the legislation.

For de facto applicants, additional rules apply, including the usual 12-month relationship requirement unless an exception applies.

Do de facto couples need to wait 12 months?

In many cases, a de facto applicant must demonstrate that the de facto relationship existed for at least 12 months immediately before the visa application.

However, exceptions can apply. Home Affairs identifies circumstances including registration of the relationship under an eligible Australian State or Territory relationship registration scheme, as well as certain compelling and compassionate circumstances.

The relationship should not be registered merely as an SEO-style shortcut or assumed exemption. The legal requirements and timing of registration should be checked before lodgement.

See our article on the 12-month de facto Partner Visa rule.

Can you apply immediately after getting married?

Potentially, yes.

There is no general rule requiring a married couple to wait 12 months merely because the marriage is recent.

However, marriage alone does not establish Partner Visa eligibility. The Department still considers whether the relationship is genuine and continuing and assesses the evidence across the relevant relationship factors.

A couple who married recently may therefore need especially clear evidence showing how the relationship developed before and after marriage.

Can you apply before your current visa expires?

Often, yes.

Where a person holds a substantive visa and is otherwise eligible, lodging before that visa expires can be strategically important because it may avoid the additional complications that arise once the person no longer holds a substantive visa.

However, timing should not be driven solely by the expiry date. Before lodging, applicants should confirm:

• relationship eligibility;
• sponsor eligibility;
• current visa conditions;
• whether a No Further Stay condition applies;
• whether any sponsorship limitation applies;
• whether the de facto period requirement is satisfied;
• whether all material prior visa information has been reviewed; and
• whether the evidence is sufficiently developed.

What happens to your current visa after you lodge a Partner Visa?

Lodging a Partner Visa does not normally cause the current substantive visa to end immediately.

A Bridging Visa may be granted in connection with the Partner Visa application, but its commencement and conditions depend on the applicant’s circumstances.

Applicants should check the Bridging Visa grant notice rather than assuming that work, study or travel rights change immediately after lodgement.

Can you travel after lodging an onshore Partner Visa?

Travel strategy requires care.

A person who needs to leave and return to Australia while relying on a Bridging Visa may need a Bridging Visa B before departure. Leaving Australia on the wrong Bridging Visa can create serious return and application consequences.

See our guide to Bridging Visas for Partner Visa applicants.

What if your visa expires before you apply?

Do not assume that the Partner Visa pathway disappears, but obtain advice quickly.

Once a person no longer holds a substantive visa, the legal analysis changes. Schedule 3 and other immigration-status consequences may arise, and the person may become unlawful if no other visa is in effect.

Delaying a Partner Visa application until after visa expiry can therefore create issues that may not have existed if eligibility had been assessed earlier.

What if you are already at the ART?

A pending ART review does not automatically prevent a Partner Visa application, but it may interact with section 48, Bridging Visa status and Schedule 3.

Before withdrawing or changing an ART strategy, applicants should understand:

• whether the Partner Visa application is valid;
• which Bridging Visa will operate;
• whether Schedule 3 applies;
• whether departure from Australia affects review rights;
• whether any existing visa application should remain on foot; and
• what happens if the Partner Visa is later refused.

Can you apply for a Partner Visa if you have only recently started the relationship?

Potentially, but the legal relationship requirements must be met at the time of application.

For de facto couples, the 12-month rule or an applicable exception is particularly important. For married couples, the Department still needs evidence that the marriage represents a genuine and continuing relationship rather than simply a formal legal status.

Evidence should address the financial, household, social and commitment aspects of the relationship.

When is the best time to apply?

The best time is when:

• the applicant is legally able to make a valid application;
• the correct onshore or offshore pathway has been identified;
• the relationship criteria are satisfied;
• the sponsor is eligible;
• visa conditions have been checked;
• section 48 and Schedule 3 have been considered where relevant;
• the evidence accurately reflects the relationship history; and
• material inconsistencies or risk issues have been addressed before lodgement.

Applying earlier is not always better if a critical eligibility problem has not been resolved. Equally, waiting until a current visa expires can unnecessarily create Schedule 3 or status complications.

Frequently asked questions

Can I apply for a Partner Visa on a Student Visa?

Potentially, yes, if you are in Australia and meet the Partner Visa requirements and no visa condition or statutory restriction prevents the application.

Can I apply for a Partner Visa on a Visitor Visa?

Potentially. Check the visa grant letter and VEVO for No Further Stay conditions before lodging.

Can I apply while on a Bridging Visa?

Potentially, but applicants without a substantive visa can face additional criteria, including Schedule 3 considerations.

Can I apply after my visa has been refused?

Potentially. Section 48 may apply, but the onshore Partner visa classes are currently prescribed visa classes for section 48 purposes. Other criteria, including Schedule 3, still need to be assessed.

Can I apply for 820 from overseas?

No. Home Affairs states that an applicant must be in Australia when applying for the subclass 820 pathway. Applicants overseas generally consider the subclass 309/100 pathway.

Can I apply for 309 while in Australia?

Home Affairs states that the applicant must be outside Australia when applying for the subclass 309 visa.

How Emigrate Lawyers can assist

Emigrate Lawyers advises on Partner Visa timing and strategy for applicants holding Student Visas, Visitor Visas, Bridging Visas and other temporary visas, as well as applicants affected by previous visa refusals, section 48, Schedule 3 and No Further Stay conditions.

For general Partner Visa information, visit our Partner Visa Lawyers Australia hub.

For onshore applications, see our 820/801 Partner Visa page.

For offshore applications, see our 309/100 Partner Visa page.

The correct time to apply depends on legal eligibility, not simply relationship status or visa expiry. Checking the current visa and application validity before lodgement can prevent avoidable problems later.

This article provides general information only and does not constitute legal advice. Migration law changes frequently and individual eligibility depends on the current legislation, visa conditions and circumstances.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

View Madhab Kharel's full profile