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Tern Legal Sydney based law firm. We specialise in migration law, with our own education practice. Reach out for enquiries.

16/10/2026

Does a Form 888 witness need to be an Australian citizen or permanent resident?

No. A Form 888 can be completed by a person who:
• is at least 18 years old;
• knows the visa applicant and their partner or fiancé(e); and
• knows the history of their relationship.

The witness can be a family member, friend, colleague, neighbour, temporary visa holder, foreign citizen, or someone living overseas. They do not need to be an Australian citizen or permanent resident merely to complete the form.

The form requires documentary evidence of the witness’s current name and age. Where Australian citizenship or permanent residency is relevant, evidence may include an Australian passport, Citizenship Certificate, or visa grant.

Form 888 is a supporting statement, not a statutory declaration.

The requirement for at least two statutory declarations by Australian citizens, Australian permanent residents or eligible New Zealand citizens arises only where an applicant does not hold a substantive visa and relies on the additional eligibility pathway.

A strong Form 888 contains specific, first-hand observations - not generic statements such as “they are a lovely couple.”

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

đź”— Need help preparing your Partner visa evidence? Link in bio to book a consultation with Tern Legal.
Who can sign Form 888 partner visa

09/10/2026

Moving house with a pending migration matter? Add Home Affairs to your address-update list.

Section 52 of the Migration Act 1958 requires a visa applicant to notify the Minister of the address where they intend to live while the application is being dealt with. If they propose to change that address for 14 days or more, they must notify the Department of the new address and the proposed period of residence.

If you have opted for electronic communication and your email is current, the practical risk of missing correspondence may be lower. But email updates do not replace the obligation to update your residential address.

Keep your:
residential address;
postal address;
email address; and
telephone number
current with Home Affairs.

Also monitor ImmiAccount, email and junk folders for requests, deadlines and notices.

đź”— Need help with a pending migration matter? Link in bio to book a consultation with Tern Legal.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

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06/10/2026

Received a Partner visa section 56 request? Read the scope carefully.

If Home Affairs asks for updated evidence across finances, household arrangements, social aspects and commitment, particularly over the full relationship timeline, do not respond with a random document bundle.

Review:
1. The exact timeframe requested.
2. Any gaps in residence, finances or communication.
3. Periods of separation and the explanation for them.
4. Inconsistencies between forms, statements and documents.
5. Whether every document is indexed and cross-referenced.

The April 2026 Partner Processing Newsletter indicated that the Department will generally issue one substantive RFI and will not routinely send follow-up requests. If the response is incomplete, or the deadline is missed, a decision may be made on the information available.

This is a departmental processing approach, not a statutory rule that can be reduced to “one RFI in every possible case.” But the practical message is clear: do not assume you will receive repeated opportunities to fix an incomplete response.

Received a complex section 56 request? Link in bio to book an RFI review with Tern Legal.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

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02/10/2026

Australia’s Student visa rules changed on 2 October 2026.

The new rules affect who can apply for another Student visa in Australia, who can include family members, and whether some temporary visa holders can switch to a Student visa onshore.

Key points:
1. Further Student visa applications are restricted
Most current Student visa holders can no longer apply for another Student visa in Australia. Exemptions may apply.
2. Dependants cannot generally be added after grant
Family members generally cannot be added after the Student visa has been granted. They may need to be included when the application is lodged, and a specific exemption may need to apply.
3. Onshore switching is restricted
Most temporary visa holders will no longer be able to lodge a Student visa application while in Australia. This may affect many visitors, working holiday makers and temporary work visa holders, subject to the detailed visa rules.

If you are affected, you may need to be outside Australia both when you apply and when the visa is granted.

The new rules apply to relevant Student visa applications made on or after 2 October 2026. Plan before your visa expires or before changing courses. The answer depends on your current visa, course, education provider, family circumstances and immigration history.

Book a strategic consultation with Tern Legal via the link in bio.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.



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Subclass 500 further application onshore
Can I apply for another Student visa in Australia
Student visa rules October 2026
Migration lawyer Sydney
Tern Legal

25/09/2026

How Ministerial Direction 123 May Impact You from 31 October 2026

Taking effect on 31 October 2026, Ministerial Direction 123 replaces Direction 110 for Section 501 character decisions and revocations.
Here are the 6 most significant changes and why they:

1. New Hatred & Extremism Ground
2. Lower Future Conduct Threshold
3. 'Ties to Australia' Demoted
4. Broadened Domestic & Family Violence Rules
5. Sentence Weighting Carve-Out Removed
6. Business Disruption Removed

The Takeaway: Never rely on relationship ties alone to save a Partner Visa file facing character scrutiny.

đź”— Facing an s501 character issue or visa refusal? Link in bio to book a strategic consultation with Tern Legal.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

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22/09/2026

Your ETA may not protect you from the 8503 reform.

Following the 17 September announcement, the Government said it will introduce a No Further Stay condition to all visitor visas to prevent Visitor visas being used as a pathway to extend a stay in Australia.

1. Existing Visitor visa holders
The announced change is intended to apply to future grants, not people already in Australia. Check your grant notice and VEVO. If condition 8503 is not attached to your visa, your existing conditions have not changed.

2. ETA and eVisitor holders
The announcement refers to “all visitor visas,” so ETA and eVisitor holders should not assume they are outside its scope. However, the Government has not yet confirmed whether subclasses 601 or 651 will be captured, which condition will be used, or the commencement mechanism.

3. Practical point
Until the implementation details are published, check VEVO before relying on an ETA, eVisitor or Visitor visa as a pathway to an onshore Partner visa. An offshore subclass 309 strategy may be more appropriate in some cases.

đź”— Need a risk-managed Partner visa strategy? Link in bio to book a consultation with Tern Legal.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

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18/09/2026

Major Migration Update: Mandatory Condition 8503 on Visitor Visas

Following the government's announcement on 17 September 2026, significant changes are coming to the Visitor Visa (Subclass 600) framework.

Here is what Partner Visa applicants need to know:

1. Mandatory Condition 8503 ("No Further Stay")
The government is expanding Condition 8503 to apply to all future Visitor Visas by default (with Protection Visas being the sole statutory exception).
2. Timeline vs. Current Practice
While the formal legislative rollout is happening progressively over the coming months, we have already seen delegates applying 8503 routinely right now across the migration space.
3. The Onshore Partner Visa Trap
If your partner enters on a tourist visa carrying Condition 8503, they cannot lodge an onshore Subclass 820 Partner Visa unless a formal 8503 Waiver is requested and granted by Home Affairs - a process that carries an exceptionally high legal threshold.

The Takeaway:
Do not assume your partner can easily transition from a visitor visa to an onshore partner visa. Structure your pathway early to avoid sudden separation.
The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

đź”— Need help mapping out an offshore (309) vs onshore (820) strategy? Link in bio to book a consultation at Tern Legal.

Search Terms: Australia migration changes 17 September 2026 / Mandatory Condition 8503 visitor visa / No further stay condition partner visa / Onshore 820 partner visa visitor visa strategy / Condition 8503 waiver partner visa / Home Affairs visitor visa changes 2026 / Immigration lawyer Sydney / Tern Legal

15/09/2026

Adding a child to an Australian Partner visa is not always as simple as uploading another document.

The correct pathway can depend on:
1. Age and dependency
A child under 23 who is over 18 generally needs to be wholly or substantially financially dependent on you or your partner. If they turn 23 during processing, the usual pathway may no longer be available, although a limited disability-related exception may
2. Location
A child included in a subclass 820 application generally needs to be in Australia at lodgement and grant. For subclass 309, the child must be outside Australia at lodgement.
3. Application stage
Before the temporary Partner visa is granted, an eligible child may generally be added to the pending 820 or 309 application. After the parent’s temporary visa is granted, the child may need a subclass 445 before being added to the pending permanent 801 or 100 application.

Do not assume that a child automatically transfers from the temporary stage to the permanent stage. Check the rules early, particularly if the child is approaching 23.

Book a strategic intake consultation with Tern Legal via the link in bio.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

Search Terms: Add dependent child partner visa Australia / Subclass 820 add child age limit / Subclass 445 dependent child visa requirements / Partner visa dependent age at decision vs application / Form 1229 custody partner visa child / Immigration lawyer Sydney / Tern Legal / Partner visa child aging out

08/09/2026

Hoping to speed up your Partner Visa processing? Watch / read this first.

Processing times for subclass 820/801 and 309/100 vary, but many applicants ask whether they can apply for priority processing. Here’s how the Department handles priority requests under policy and Ministerial Direction 117.

1. Compassionate & Compelling Grounds Required
Priority is not granted for convenience or standard waiting frustration. You must demonstrate special circumstances of a compassionate nature and compelling reasons to depart from the normal processing order - for example, serious or terminal illness of the sponsor or a family member they care for, significant pregnancy complications, family violence, or where departmental processes would cause an unfair or unreasonable outcome. Most requests cannot be approved because many applicants face competing hardships.

2. Mandatory Prerequisites
Home Affairs will only consider priority processing if your application is decision‑ready. All required documentation, including health exams, police checks and core relationship evidence, must already be submitted via ImmiAccount.

3. When Priority Requests Are NOT Assessed
You generally will not receive a favourable response if:
You hold a temporary subclass 309 or 820 and have not yet reached the two‑year point since lodgement for the permanent 100 or 801 stage.
Your relationship has ended or your sponsor has died.
You already have an undecided priority request, or a previous request was refused without a significant change in circumstances.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

Need a strategic assessment of your Partner Visa application? Link in bio to book a consultation at Tern Legal.

01/09/2026

Using Partner Visa evidence for a Visitor Visa? Why it might backfire.

One of the most common reasons for a Subclass 600 Tourist Visa refusal is over-demonstrating ties to Australia while failing to establish ties back home.
Here is why your evidence strategy must match the specific visa class:

1. Different Visas = Different Legal Tests
Subclass 820/309 (Partner Visa): Requires proof of a combined life, shared commitment, and ongoing ties.
Subclass 600 (Visitor Visa): Requires you to prove you genuinely intend to visit Australia temporarily and will leave before your visa expires.
2. The Australia Ties Trap
Flooding a tourist visa file with extensive partner evidence can lead a delegate to conclude that your economic and personal centre of gravity has shifted to Australia. If your home-country incentives to return aren't stronger than your reasons to stay, a refusal notice is a real risk.

3. Focus on Incentives to Return
To satisfy the Genuine Visitor criterion, prioritise solid evidence of ongoing employment, approved leave, assets, business ownership, or family commitments back home.

The Takeaway: Tailor your evidence to the exact statutory criteria of the visa you are applying for. not the visa you plan to apply for in the future.

General legal commentary only, not formal migration advice.

The information shared by Tern Legal on this page is for general information purposes only and does not constitute legal advice. You should not rely on this information as a substitute for obtaining professional legal advice that is specific to your circumstances. Viewing or interacting with this content does not create a solicitor-client relationship. For advice tailored to your situation, please contact Tern Legal directly.

Need help structuring a decision-ready visitor visa strategy? Link in bio to book a consultation at Tern Legal.

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