Applying for a Partner Visa: Essential Information About Visa Expiry and Application Timing

If you are in Australia and want to apply for a Partner visa, understanding how your current visa’s expiry and application timing interact is critical. Acting within the right timeframes can help you remain lawful and avoid serious complications.

This article explains the key facts you need to know about applying for a Partner visa in relation to your current visa status.

Apply While Holding a Valid Substantive Visa

To lodge an onshore Partner visa application (subclasses 820/801), you must hold a valid substantive visa at the time of application. This means you need to submit your application before your current visa expires.

If you allow your visa to expire without lodging a Partner visa application or other visa application, you will become unlawful in Australia.

If Your Visa Application Is Refused or Your Visa Is Cancelled

If your visa application is refused or your visa is cancelled, you may have the right to lodge a review application to the Administrative Review Tribunal (ART).

You must submit your ART application within 35 days of receiving the refusal or cancellation decision.

Lodging this review application on time allows you to remain lawful on a bridging visa while the review is underway.

What Happens if You Do Not Apply or Appeal in Time?

If you:

• Do not lodge a new visa application before your current visa expires, and

• Do not lodge a timely ART review application after a refusal or cancellation decision,

then you will become unlawful in Australia.

Applying After Your Substantive Visa Has Expired: The 28-Day Grace Period

There is a special 28-day grace period to apply for a Partner visa after your substantive visa has ended:

• If you lodge your Partner visa application within 28 days of ceasing to hold a substantive visa, you are not required to demonstrate compelling and compassionate reasons for lodging late.

• This 28-day period starts from when your last substantive visa expires or is cancelled.

Applying More Than 28 Days Without a Substantive Visa

If you apply for a Partner visa more than 28 days after you ceased to hold a substantive visa, your application must satisfy additional legal requirements under Schedule 3 of the Migration Regulations.

This means you must prove:

• Compelling and compassionate reasons for failing to apply sooner, and

• That these circumstances were beyond your control.

Simply having a partner or children in Australia will generally not be enough to satisfy this requirement.

Key Points to Remember

• Always apply for your Partner visa before your current substantive visa expires.

• If your visa is refused or cancelled, you must lodge an ART appeal within 35 days of the decision to remain lawful.

• Applying within 28 days after your substantive visa ends allows you to avoid showing special reasons for late application.

• Applying after 28 days without holding a substantive visa requires meeting strict criteria, including compelling and compassionate circumstances.

• Failing to act on time can lead to unlawful status and negatively affect future visa options.

This Is a Complex Area — Seek Professional Migration Advice

Visa expiry, appeals, unlawful status, and bridging visas involve complex legal rules with serious consequences for mistakes.

If your visa is about to expire, has expired, or you are unsure about your options, we strongly recommend you consult a registered migration agent. Professional guidance will help protect your legal status and improve your chances of success.

Please contact us to discuss your situation and receive personalised advice.