Can I apply onshore for a Partner Visa if I hold a Visitor Visa?
Applying for a Subclass 820/801 Partner Visa onshore in Australia while holding a Visitor Visa is a common Partner Visa pathway we see at Port Migration.
Many of our clients apply for their Partner Visa when they are already in Australia—not just on Visitor Visas, but also on other temporary visas like Student Visas, Graduate Visas, Working Holiday Visas, or even work visas like the 482.
There are three key things to remember when applying for a Partner Visa onshore:Timing: Apply Before Your Visa Expires
Timing is crucial when applying for the Subclass 820/801 Partner visa onshore while you hold another visa.
Submitting your application while holding a valid visa, and ensuring you don't become unlawful is extremely important. VEVO is a useful tool for tracking your visa expiry.
Missing your visa expiry deadline can lead to significant complications, including the risk of needing to leave the country.
Keep track of your visa's expiry date and give yourself plenty of time to gather everything needed.
Organisation: Be Organised During a Short Stay
Applying during a short stay, such as a 3-month Visitor Visa, requires exceptional planning.
With limited time onshore, ensuring all essential documents are ready is extremely important, including relationship evidence, financial details, and identification.
Our Free Guide to Partner Visas is a useful resource for helping prepare documents.
At Port Migration we are experts at assisting our clients who are working within tight timeframes.
The “No Further Stay” Condition
Some Visitor Visas come with Condition 8503, the No Further Stay condition. This condition prohibits visa applications from being lodged onshore, and prevents a person from applying for an onshore Partner Visa while holding the visa with the 8503 condition.
While waivers are sometimes granted, they are not guaranteed. It’s critical to check if this condition applies to your visa before making plans, and if needed, explore your waiver options early.
Case Study: Beating the Clock
When Angela arrived in Australia from the Philippines on a 3-month Visitor Visa, Sam and Angela immediately engaged us to help with their partner visa. They had attended our Partner Visa Basics Webinar and watched our videos on YouTube before Angela’s arrival. They had done their research and they were ready to start their application.
At Port Migration we worked with Sam and Angela before and after their wedding to prepare the necessary evidence, and our team ensured the Angela’s 820/801 Partner visa application was lodged before her Visitor Visa expired.
Now, Angela is waiting comfortably in Australia on a Bridging Visa (with work rights and access to Medicare) while her partner visa application is processed.
If you want us to help you like we helped Angela and Sam, book a free appointment to get the process started.
Conclusion
At Port Migration, we specialize in helping clients navigate tight deadlines to lodge their Subclass 820/801 Partner Visa applications while onshore. We bring our 9+ years of industry expertise to make the process smooth and stress free, and we know exactly how to get the task done in the timeframe.
Whether you're working with a 3-month Visitor Visa stay period or another temporary visa, we provide expert guidance to keep things on track.
From document preparation to submission, we streamline the process for you to ensure everything is completed before your visa expires.
Ready to start your application? book a consultation with us today, and let us help you secure your future together in Australia.
Frequently Asked Questions
Many of our clients choose this pathway, but you must meet eligibility requirements and lodge your application before your current visa expires. Book a free call for advice about eligibility in your specific circumstances.
Once your 820 visa is lodged, you may receive a Bridging Visa A (BVA), allowing you to stay lawfully in Australia while your application is processed.
The No Further Stay condition prevents further visa applications being lodged while the holder is in Australia. There are limited circumstances in which you may be able to be granted a waiver of a No Further Stay condition. Book a Migration Consultation to talk about your situation.
Processing times vary. Stay up to date with current Partner Visa Processing Times on our YouTube channel.
You may be eligible to appeal the decision through the Administrative Review Tribunal (ART) within a limited timeframe. Find out more.
Take a look at these pages for more useful information about Partner Visas.
How do I apply for a Partner Visa?
Subclass 820
Subclass 801
Subclass 309
Subclass 100
Subclass 300
Are you a Partner Visa Sponsor?