Can I apply for a Partner Visa on a Tourist Visa?
If your partner is visiting Australia on a tourist visa, you might be wondering:
Can we just apply for the Partner Visa while they're here?
The short answer is: sometimes, yes — but it depends on your circumstances.
At Port Migration, we’ve helped LOTS of couples navigate this exact situation. And while love might not follow rules or timelines, the Australian migration system does.
Here’s what you need to know if you’re thinking about applying for a Partner Visa while on a Tourist Visa in Australia.
Quick Facts
Why would someone apply while on a Tourist Visa?
Many couples fall in love across borders. Maybe your relationship started overseas, and now you want to build a life together in Australia. Often, one partner visits Australia on a Tourist Visa, and the couple decides they don’t want to be apart again.
This scenario is incredibly common, especially post-pandemic when many couples were separated for long periods.
The good news? Applying onshore can be a valid and strategic pathway, but only if done right.
What are the Risks?
We see too many people assume they can lodge a Partner Visa just because they're physically in Australia. Unfortunately, it's not always that simple.
The three biggest risks are:
1. Condition 8503 – No Further Stay
If the Tourist Visa has this condition, you cannot apply for another visa while in Australia — including the Partner Visa — unless a waiver is granted (which isn’t easy).
2. Lack of Eligibility
Being in love isn't enough (though we wish it was!). You need to meet genuine and ongoing marriage or de facto relationship requirements, and be able to prove your story with evidence.
3. Insufficient Preparation
It’s not a good idea to lodge a Partner Visa application in a panic two days before the Visitor Visa expires. Your evidence must be well-organised, your intentions clear, and the timing correct.
How does it work if you are eligible?
If there’s no 8503 condition and you meet all requirements, here’s what the process looks like:
- Lodge the Subclass 820/801 application online while your partner is still on their Visitor Visa.
- After lodging, they will usually be granted a Bridging Visa A, which lets them remain in Australia legally while the application is processed.
- The Bridging Visa typically becomes active once the Visitor Visa expires — meaning no need to leave the country.
This pathway can be life-changing for couples who don’t want to be separated, but only if you get it right.
Real-Life Example
One couple we helped met during a backpacking trip in South America. A few years (and a lot of video calls) later, they decided to live together in Melbourne. He arrived on a Visitor Visa, and together we prepared a strong Partner Visa application.
They had:
- Evidence of travel history
- Screenshots of their chats during long-distance
- Stat decs from friends and family
- Joint lease and bank account (set up shortly after arriving)
Because they planned ahead and got expert advice, they lodged onshore with confidence, and now they’re happily settled in Australia together.
What If My Partner Is Already in Australia?
This is very common — especially when people visit on a tourist visa and later realise they want to stay.
If the visa doesn’t have an 8503 condition, and you can gather your documents and evidence in time, then yes, applying onshore is possible.
But if the visa does have an 8503 condition, your partner will need to:
- Apply for a waiver (which is difficult and must show compelling reasons)
- OR leave Australia and apply offshore from your home country
This is where expert assistance and advice from the MARA Registered Migration Agents at Port Migration can make all the difference. We help you assess your current visa status and plan the best possible next step.
Can We Just “Wait and See”?
We get it — applying for a Partner Visa is a big decision. But be careful: if you wait too long, your partner’s Visitor Visa might expire, and you could end up in a stressful situation.
Tip: Start gathering evidence now. Even if you don’t apply right away, being prepared will save you weeks of work (and a lot of anxiety) later.
What To Do Next
If you're considering applying for a Partner Visa while on a Tourist Visa, here’s what we recommend:
- Download our Free Partner Visa Guide: It breaks down the whole process in plain English
- Book a Free Call: We’ll talk through your situation and see what’s possible
- Don’t rely on forums: They can be helpful, but not always correct. Your future deserves expert advice. Check out our Partner Visa Podcast for information you can trust.
Final Thoughts
Love might bring you to Australia, but the visa system has its own rules.
If you're planning to apply for a Partner Visa on a Tourist Visa, you need to understand what’s allowed, what’s risky, and what’s possible. And you don’t need to figure it out alone.
At Port Migration, we’ve helped LOTS of couples lodge successful onshore Partner Visas applications, and we’d love to help you too.
Prefer to Listen?
Check out our podcast episode all about applying for a Partner Visa while on a Visitor Visa.
Prefer to Watch?
Watch our YouTube video here.
Ready to Apply?
Grab our Relationship Statement Guide. It includes checklists, templates, and real examples to help you write your statement with confidence.
Still unsure?
Book a free call with our expert team. We’ll help you understand your options and take the next step.
FAQs
Can I Apply for a Partner Visa on a Tourist Visa?
In many cases you can lodge an onshore Partner Visa (Subclass 820/801) while on a tourist visa in Australia. It’s important to ensure you don’t have a “No Further Stay” condition attached to your visa.
No, your tourist visa will remain valid until it expires. Once your Partner Visa application is lodged, you may be granted a Bridging Visa to remain in Australia lawfully while waiting.
Yes, if you apply onshore, you'll usually be granted a Bridging Visa that lets you stay in Australia while the Department processes your application.
Yes, applying for a Partner Visa can affect how future visitor visas are assessed. Immigration will look closely at your intentions, so be clear and genuine in your application.
You should never overstay your tourist visa. Lodging a valid Partner Visa application before your tourist visa expires is crucial to remaining lawful in Australia.
