18/10/2026
๐ IN AUSTRALIA ON A VISITOR OR STUDENT VISA AND CONSIDERING A SUBCLASS 820 PARTNER VISA? WHAT SHOULD YOU CHECK FIRST?
You are in Australia on a Visitor visa or Student visa. During your stay, your relationship has become more serious, and you are beginning to think about building a long-term life together in Australia.
At this point, a common question is:
โI am already in Australia. Can I apply for a Subclass 820 Partner visa?โ
This question should not be answered solely by looking at whether you hold a Visitor visa or Student visa.
Before considering a Subclass 820 application, there are several matters to check: how long your current visa remains valid, its conditions, your relationship status, the sponsorโs eligibility and your visa history.
In particular, two issues are often overlooked: No Further Stay conditions and Schedule 3.
๐ธ 1. First, check whether your current visa has a No Further Stay condition
Some temporary visas may be subject to a No Further Stay condition, such as condition 8503, 8534, 8535 or 8540. Where one of these conditions applies, the visa holder is restricted from applying for many other temporary or permanent visas while in Australia.
If you hold a Visitor visa, Student visa or another temporary visa, you should therefore check more than just the expiry date.
You should also review the visa conditions listed in your visa grant notice or through Visa Entitlement Verification Online (VEVO). The Department of Home Affairs also directs visa holders to use these sources to check whether a No Further Stay condition applies.
If your visa has a No Further Stay condition, this needs to be considered before planning to lodge a Subclass 820 application in Australia.
๐ธ 2. Can a No Further Stay condition be waived?
In some circumstances, a visa holder may request that the Department waive a No Further Stay condition.
However, submitting a waiver request does not mean that it will be approved. A waiver depends on the applicable legal requirements and the individual circumstances.
One particularly important point is that your current visa still has its own expiry date while the Department considers the waiver request. Submitting a No Further Stay waiver request does not, by itself, extend your lawful stay in Australia. If your visa expires before the request is decided and you do not hold another visa that is in effect, you may become an unlawful non-citizen.
For this reason, if you discover that your visa has this condition, you should look into the issue early rather than waiting until your visa is about to expire.
๐ธ 3. When does Schedule 3 usually become relevant?
This is an area that can easily cause confusion.
If you do not hold a substantive visa when lodging a Subclass 820 application, the additional criteria in Schedule 3 may become relevant.
For example, if your previous visa has expired or you are currently in Australia on a Bridging visa, your visa status needs to be checked carefully. You should not assume that simply lodging a Subclass 820 application will resolve the issue.
The Subclass 820 provisions include Schedule 3 requirements for applicants who do not hold a substantive visa at the time of application. However, in certain circumstances, the relevant criteria may not need to be met if the Department is satisfied that there are compelling reasons for not applying them.
๐ธ 4. Does Schedule 3 mean that you cannot apply for a Subclass 820 visa?
Schedule 3 should not be understood in such simple terms.
There is a difference between being able to lodge a valid application and meeting the requirements for the visa to be granted.
Where Schedule 3 applies, the applicant may need to meet the relevant criteria. In some circumstances, the Department may also consider whether there are compelling reasons for not applying those criteria. This can be relevant to Subclass 820 applicants who do not hold a substantive visa when they apply.
โCompelling reasonsโ does not mean that submitting a letter of explanation will be enough. Each case is assessed according to its particular circumstances and relevant factors.
If you hold a Bridging visa, have previously had a visa refused or cancelled, have spent time in Australia without a visa in effect, or have a complex visa history, you should therefore check your circumstances carefully before lodging an application.
๐ธ 5. What if your Visitor visa or Student visa is still valid?
If you are in Australia and your current visa is still valid, this is a good time to check the relevant requirements before it expires.
The Subclass 820 Partner visa is an onshore visa, and the applicant must be in Australia when lodging the application. It is for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, provided the applicable requirements are met.
However, holding a valid visa is not the whole picture.
You still need to consider whether your relationship meets the requirements, whether your sponsor is eligible, whether your current visa has any restrictive conditions, and whether there are other matters involving visa history, health, character or other applicable requirements.
โฐ Do not wait until your visa is about to expire
Unfortunately, some people only begin looking into the Subclass 820 visa when there is very little time left on their current visa.
Checking for a No Further Stay condition, confirming current visa status and determining whether Schedule 3 may be relevant can, in themselves, significantly affect how an application needs to be prepared.
If your visa expires and you do not hold another visa that is in effect, your immigration circumstances may become more complicated. The Department also warns that allowing a visa to expire can have serious consequences.
If you are in Australia on a Visitor visa or Student visa and are considering a Subclass 820 application, start by checking:
+ The expiry date of your current visa.
+ Whether your visa has any conditions restricting further visa applications while you are in Australia.
Whether you currently hold a substantive visa or a Bridging visa while awaiting a decision on an application.
+ Your current relationship circumstances.
+ Whether there are any issues in your previous visa history that need attention.
๐ฌ In Australia and unsure what you need to check?
Everyone has different visa circumstances and a different relationship history. A pathway that suits one person may not suit another.
If you hold a Visitor visa, Student visa or Bridging visa and are exploring the Subclass 820 Partner visa pathway, you can send a message to HTE Law Group and briefly explain your current visa, its expiry date and your relationship status.
HTE can assist with an initial review of the information and explain the matters to consider before you decide on your next step.
-----------------
Disclaimer: The information we share in this post is for informational purposes only and should not be considered legal advice. Every situation is unique, so please seek out a legal professional for the best assistance.
-----------------
๐๐จ๐ง๐ญ๐๐๐ญ ๐๐ง๐๐จ๐ซ๐ฆ๐๐ญ๐ข๐จ๐ง
๐ฆ๐๐ฑ๐ป๐ฒ๐ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ
Unit 10, 76-80 John Street, Cabramatta NSW 2166 Australia
๐ ๐ฒ๐น๐ฏ๐ผ๐๐ฟ๐ป๐ฒ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ
Level 3, 250 Queen Street, Melbourne VIC 3000
๐๐ฟ๐ถ๐๐ฏ๐ฎ๐ป๐ฒ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ
Shop 12A, Inala Civic Centre, 37 Corsair Avenue, Inala QLD 4077
Phone: (+61) 1300 833 789
Email: [email protected]