So, when exactly should you apply for a partner visa? The answer isn't one-size-fits-all. It depends on various factors, including your current visa status, the nature of your relationship, and how well you can document your love story for the Department of Home Affairs.
Navigating the partner visa application process can seem daunting, but understanding the timing requirements can help you plan your journey.
For those in de facto relationships, the standard requirement is to demonstrate a shared life for 12 months before applying. This period allows you to build a strong case showing your commitment as a couple. However, we recognise that every relationship is unique. Some Australian states offer relationship registration, which may waive the 12-month requirement (however 4 aspects of a genuine and continuing relationship must still be met). Additionally, special circumstances like having children together could expedite your eligibility.
If you're married, the 12-month rule doesn't apply. Instead, your focus will be on showcasing the genuine and ongoing nature of your marriage through your application.
We understand that each couple's situation is distinct. Whether you're just starting to consider a partner visa or ready to apply, professional guidance can be invaluable. Kin Migration specialises in providing tailored advice to help you navigate this important step in your life together.
Other Factors Influencing When to Apply
Several factors can influence the best time to submit your partner visa application:
Current Visa Status
If you're on a temporary visa (e.g., student or working holiday), consider applying before it expires. Applying while holding a substantive visa can simplify the process. Please be cautious of visas with 'no further stay' conditions (e.g., condition 8503) as you will not be able to apply for a partner visa in Australia in this instance, unless the condition has been waived.
Financial Readiness
Partner visa applications are costly - as of October 2024, the fee is AUD 9,095. Additional costs include health checks, police certificates, and potentially migration agent fees. Ensure you're financially prepared before applying.
Life Plans
Consider your future plans, such as travel, work, or study. Once you apply, you may be granted a Bridging Visa A when your current visa expires, which can restrict overseas travel.
Processing Times
Partner visa processing can take anywhere from 10 to 26 months. Factor this timeframe into your plans and decide if you need to apply sooner rather than later.
Changes in Circumstances
If you anticipate significant changes (e.g., moving countries, changing jobs), it might be better to apply when your situation is stable. This is particularly the case if you plan to be moving together with your children to Australia. Changes after application can complicate the process.
Remember, there's no one-size-fits-all answer to when you should apply. It's about balancing these factors against your personal circumstances and ensuring you're in the best position to submit a strong application.
Applying While on Other Visas
Your current visa status can impact when and how you apply for a partner visa:
Subclass 500 Student Visa Holders
While on an Australian student visa, if you've formed a de facto relationship or married an Australian citizen or permanent resident, you may look at the prospects of applying for an onshore subclass 820 partner visa.
Your student visa remains valid until its expiry date, even after applying for the subclass 820 partner visa. Ensure that you continue your studies and adhere to your student visa conditions during this time. After your student visa expires, a bridging visa A typically activates, allowing you to stay in Australia legally while awaiting your partner visa decision.
This process involves transitioning from a student visa to a bridging visa, and potentially to a subclass 820 partner visa, depending on the application outcome.
Can I Cancel My Student Visa to Apply for the Partner Visa?
You might be wondering if you can simply cancel your student visa and jump straight into the partner visa application process. It's a tempting thought, isn't it? But hold on – before you make any hasty decisions.
In general, we advise against cancelling your student visa to apply for a partner visa.
When you apply for a partner visa while holding a valid student visa, you're typically granted a Bridging Visa A (BVA). This BVA is your safety net, allowing you to stay in Australia legally while your partner visa application is being processed.
But here's the catch: your BVA only kicks in when your student visa expires naturally. If you cancel your student visa prematurely, you're essentially pulling the rug out from under your own feet. Your BVA won't activate, and suddenly, you could find yourself in Australia unlawfully. Not an ideal situation, to say the least.
The best course of action is to apply for your partner visa while continuing your studies. This way, you're maintaining the conditions of your student visa while setting the groundwork for your future in Australia. While you hold a valid student visa, you need to stick to its conditions to stay compliant. This means attending classes, keeping up with your coursework, and passing your subjects. It might seem like a lot to juggle, but it's crucial for maintaining your legal status in Australia.
Potential Consequences of Cancelling My Student Visa
If you do cancel your student visa:
- You could end up on a Bridging Visa E (BVE), which doesn't automatically come with work rights.
- If you leave Australia on a BVE, you won't be able to return – even for emergencies back home.
- Any period of unlawful stay can reset your time in Australia for citizenship purposes.
- Future visa applications might become more complicated, as you'll need to explain the cancellation and your non-compliance.
Instead of cancelling your student visa, consider this approach:
- Continue your studies while applying for the partner visa.
- Once your partner visa is granted, it will automatically replace your student visa.
- If your student visa expires while your partner visa is being processed, your BVA will activate, keeping you legal in Australia, whilst allowing you the possibility to apply for a Bridging Visa B (BVB) which allows you the right to travel overseas and return to Australia.
This way, you're setting yourself up for success without compromising your current status.
Subclass 462 or Subclass 417 Working Holiday Visa Holders
You can apply for a partner visa whilst holding your working holiday visa. Consider timing your application before your working holiday visa expires to maintain lawful status.
Some Working holiday visa holders may be concerned by their 6-month work limitation imposed by the 8547 condition after subclass 820 visa lodgement. The 8547 condition will continue to apply until your working holiday visa expires and the bridging visa A (which does not contain any visa conditions) kicks in. If you wish to apply for an exemption on the 8547 condition before your working holiday visa expires, you will need to submit a form here.
You may continue your employment with the same company beyond the 6-month limit while awaiting a written response to your extension request. Your ability to work remains valid during this assessment period.
Subclass 600, 651 or 601 Tourist Visa Holders
It's possible to apply while on a tourist visa, but be cautious of any 'no further stay' 8503 and 8531 conditions, which are commonly included in subclass 600 visas.
Bridging Visa Holders
Applying for a partner visa while on a Bridging Visa can be complex. When you're on a bridging visa, you're in a bit of a transitional state. You're lawfully in Australia, but you don't hold what's called a 'substantive visa'. This is where Schedule 3 comes into play. Normally, Schedule 3 requires that you apply for your partner visa within 28 days of your last substantive visa expiring. If you're on a bridging visa, you've likely passed this 28-day window.
For many partner visa applicants on bridging visas, having the Schedule 3 criteria waived is crucial. Without this waiver, your partner visa application will refused. That's why it's so important to understand how to approach this waiver request.
When you apply for your partner visa, you need to explicitly request a waiver of the Schedule 3 criteria. This isn't just a box you tick - you need to provide a compelling argument for why the criteria should be waived in your case.
Remember, there's no one-size-fits-all answer to when you should apply. The key is to carefully assess your individual circumstances and ensure you're in the strongest possible position before submitting your application.
While the partner visa process can seem daunting, with thorough preparation and the right timing, you can significantly increase your chances of success. Here are some final tips to keep in mind:
- Start gathering relationship evidence early and continuously
- Plan your finances to cover all potential costs
- Be patient – rushing an application can lead to costly mistakes
- Stay informed about any changes to visa regulations
- Consider seeking professional advice, especially for complex cases
Your partner visa application is more than just paperwork – it's a testament to your relationship and your commitment to a future in Australia. By timing your application wisely and preparing thoroughly, you're taking a significant step towards turning your Australian dream into reality.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please contact us.
