The 1st of July marks the start of the new financial year and often brings in a number of immigration changes. This year we have seen yet another increase in the Partner Visa application fees, however, there are no additional changes that will affect the Partner Visa process at this time. Further, there have been no announcements of Partner Visa changes still to come.

As for the increase in the Partner Visa application fees, for the Onshore Partner Visa (subclass 820/801), the Offshore Partner Visa (subclass 309/100), and the Prospective Marriage Visa (subclass 300), the fee for the main applicant is now $9,365. If you plan include dependent children in your application, those fees have increased to $4,685 for each additional applicant over the age of 18 and $2,345 for each additional applicant under the age of 18.

For Prospective Marriage Visa holders who are applying for the Onshore subclass 820/801 partner visa after they have arrived in Australia and married their sponsor, the application fee for the main applicant is now $1,560. For these applications, the fee for additional applicants over the age of 18 has increased to $785 while the fee for dependent applicants under the age of 18 has increased to $390.

Partner Visa Changes from previous years

In 2024 we saw changes to the following

• New legislation with expanded pathways and eligibility for permanent residence for applicants where the relationship has broken down and they have experienced family violence or there is a child of the relationship or in cases where their sponsoring partner has died
• An increase made to the cost threshold when assessing health conditions that are a significant cost from $51,000 to $86,000
• Changes made to student visa and graduate visa legislation to restrict onshore applications depending on your visa status and immigration history in an effort to curb ‘visa hopping‘

Changes to the Sponsorship Application

There have been rumours swirling of a change coming that will require the sponsorship application to be approved before the Partner Visa application is lodged. The legislative changes to permit this process were actually made years ago, however under current regulations and policy there has been no changes to the actual administrative process of submitting your Partner Visa application such as a requirement to submit the sponsorship application first. For now, it remains business as usual.

Concerned about Partner Visa changes?

If you’re concerned about any of these Partner Visa changes, we recommend sitting down with us for a Partner Visa Consultation. During this session, we can speak in length about an optimal strategy for your Partner Visa and your next steps as well as address any questions you may have.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. There are three Partner Visa types or pathways. This includes the onshore Partner Visa subclass 820/801, the offshore Partner Visa subclass 309/100, and the subclass 300 Prospective Marriage Visa. 

Note: the subclass 300 Prospective Marriage Visa allows the fiancé (or fiancée) of an Australian citizen, permanent resident, or eligible New Zealand citizen travel to Australia to marry and apply for permanent residence. In this way, the Prospective Marriage Visa acts as a stepping stone to Partner Visa eligibility for couples who might not otherwise meet the criteria for a Partner Visa.

How does a Partner Visa work?

Partner Visas are a two stage process consisting of a temporary visa followed by a permanent visa. However, there are many, many variations to a couple’s unique Partner Visa journey. The process you follow will depend on whether you’re onshore or offshore at the time of your application, the nature of your relationship, how long you’ve been in a relationship, whether you and your partner have children, and so on. 

Most couples will submit their Partner Visa application and be granted their temporary visa (the subclass 820 or subclass 309) first. After a two year wait period from their initial lodgement day, the permanent visa (the 801 or 100) can be granted. There is a separate administrative process to provide documents and information at this stage. In some cases you may need to first apply for a Prospective Marriage Visa before proceeding to the onshore Partner Visa. In other cases, a couple may be granted their temporary visa and permanent visa at the same time – we call this a dual grant or a double grant.

Who can apply for a Partner Visa?

Visa Applicants can apply for a Partner Visa if they are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. The Visa Applicant must also be able to demonstrate they are in a genuine and continuing relationship with the Sponsor to the exclusion of all others.

Can I bring other family members on my Partner Visa?

Children can be included as secondary applicants, however strict requirements apply in relation to consent of the other biological parent, age limits depending on the type of visa you apply for as well as being able to prove dependency for children over the age of 18.

How much does a Partner Visa cost?

A Partner Visa currently costs $9,365 for the application alone, however, this does cover both the Stage 1 and Stage 2 applications. There are a number of additional expenses involved in the Partner Visa process including fees for police clearances, a visa medical examination, and more. If you apply for a Prospective Marriage Visa, the base application fee of $9,365 remains the same, but there is a concessional fee when it comes time to submit the onshore Partner Visa.

Of course there are also a number of costs you’ll need to be prepared for that aren’t directly related to the visa application itself. This includes the cost of flights and getting settled in Australia (if you are currently offshore), the costs of supporting your partner during any periods they may not have work rights, and so on. 

For more on this, I recommend you read our full length post detailing the costs of a Partner Visa.

How long does it take to get a Partner Visa?

I wish I could give you a more specific answer to this one. The truth is, there are far too many factors that impact processing times to provide any general range. The Department has a visa processing time tool that acts as a guide, but keep in mind advertised processing times are constantly changing. 

Some factors that impact processing time for your application include

• How straightforward or complex your case is
• Whether you provide all documents upfront or wait for the Department to request documents
• Where your application is being processed

What do I need to apply for a Partner Visa?

To apply for a Partner Visa, you’ll need to complete the application itself, undergo a medical examination, pass the character test, and of course provide documentation to demonstrate the nature of your relationship meets the criteria. 

For more specifics, I recommend you read our post about Partner Visa Checklists where I discuss more about the documents you’ll need for your application and why you should be careful with checklists you find online (or from friends).

How many points do I need for a Partner Visa?

None! There is no point system for Partner Visas. This is part of what makes a Partner Visa so complex – it’s totally subjective and ultimately up to the human decision maker to determine whether you meet the evidentiary threshold.

Do I need to take an English test?

No, you do not need to take an English test as part of your Partner Visa application. Did you know if your partner has limited English skills they may be eligible to enrol in free English classes under the Adult Migrant English Program (AMEP)?

Do we need to be married?

No, you don’t need to be married to apply for a Partner Visa, however if you aren’t married you will be assessed under the de facto criteria. This can include couples who are engaged or have registered their relationship within Australia. For more information read my full blog about the de facto requirements.

Note: it’s a common misconception that getting married means your spouse can travel to Australia without a visa. Unfortunately that’s not the case.

How long do we need to be in a relationship before applying?

How long you need to be in a relationship before applying depends on your relationship status. Under the de facto criteria, you will usually need to demonstrate your de facto relationship has existed for at least 12 months immediately prior to the date you apply. 

In some cases, the 12 month de facto requirement may be waived, for example where the relationship is registered with an approved State or Territory body or compelling circumstances exist. It is important to remember, a waiver of the 12 month rule for registering doesn’t change the evidence threshold or level of commitment required. It’s important to understand the distinction between a de facto relationship and a dating relationship (again, I’ll refer you to my full post about the de facto requirements). It’s best to consult a professional if you aren’t sure about how your relationship meets this criteria.

Should we register our relationship?

It’s very popular advice on the internet that couples who aren’t married should register their relationship before applying for a Partner Visa. If you’re considering going this route, I highly recommend getting some advice first.

While it can be advantageous in some cases, the certificate alone is not sufficient evidence that you are in a de facto relationship. Moreover, there are legal ramifications of registering your relationship (e.g. in relation to taxation, property and division of assets), so it’s important for you to understand those impacts should you decide to register your relationship. 

The honest truth is that many couples don’t need to register their relationship to meet the eligibility criteria and doing so has little to no impact at all on their Partner Visa application.

Who is the Sponsor and who is the Applicant?

The Sponsor is the Australian citizen, permanent resident, or eligible New Zealand citizen. The Applicant is the Sponsor’s partner: the non-Australian or eligible New Zealand citizen.

How much money do I need to have in my bank account?

There is no requirement to hold a specific amount of money in your bank account. You will need to ensure you have the necessary funds to pay the Visa Application Charge as well as the other fees associated with the application.

Does the Sponsor need to meet income requirements?

No, there is no fixed income or employment requirements to sponsor your partner., However, the Sponsor will need to ensure they are able to financially support the Visa Applicant if required in line with the sponsorship undertakings.

What obligations does the Sponsor take on for a Partner Visa?

Sponsors have obligations to assist the visa applicant to the extent necessary, financially and in relation to accommodation. This is to ensure they are able to establish themselves in Australia without undue hardship. This obligation extends for 2 years from the date the visa is granted or from the date of arrival in Australia.

What if my Sponsor has previously sponsored someone else?

If your Sponsor has previously sponsored someone else, it’s best to get advice from a professional before proceeding. There are limitations if you have previously sponsored more than one other person, as well as wait periods between applications that may impact your prospects of success. Limited exemptions are available depending on your circumstances.

What rights do I have if I’m on the Temporary Partner Visa?

On your temporary Partner Visa, you have the right to live (as a temporary resident), work, and travel to and from Australia. You may also have access to government services including Medicare.

Can I work on a Partner Visa?

Yes, your Partner Visa will grant the right to work in Australia and this can include self employment. It’s important to clarify if you are already in Australia on a different visa when you apply, your work rights whilst waiting for your Partner Visa to be processed will vary depending on your individual circumstances. It’s easy to get confused particularly when Bridging Visas become involved, so if you’re not sure about your work rights at any given time, it’s best to consult an immigration professional.

Can I access Medicare or government services while waiting for my Partner Visa?

If you are in Australia, you may be eligible to access government services such as Medicare while your Partner Visa is processing. This depends on the specifics of your circumstances. It’s best to enquire with the appropriate government office for the service or benefit you would like to access.

Note: waiting periods apply to receive most government payments such as paid parental leave.

Can I apply for a Partner Visa if I’m already in Australia on another visa?

Yes! In most cases where you hold a substantive visa (basically any visa that isn’t a Bridging Visa, criminal justice visa or an enforcement visa) and it is not subject to any blocking conditions (such as the condition 8503) you can apply for a Partner Visa while you are in Australia. If you hold a Bridging Visa, or you have a blocking condition you might still be eligible, but it’s best to seek advice first as there are additional criteria that will need to be satisfied such as applying for a waiver. 

Do I need to continue on my current visa if I apply for a Partner Visa?

This one sets off alarm bells in my brain. Lodging a new visa does not automatically override your existing visa so you need to plan ahead and continue to abide by the original visa conditions until such time that the visa expires. If you are transitioning to a Bridging Visa, make sure you understand the conditions and when it is active. If you’re considering withdrawing or cancelling your current visa, you absolutely need to get professional advice first. A visa cancellation can come with some pretty major repercussions, impacting your visa status and work and travel rights, so it’s not something to be taken lightly.

Can I apply for a Partner Visa if I have a criminal record?

When it comes to Partner Visa applications, not all blemishes on your criminal record are created equal. That is to say, it depends. All visa applicants are required to pass the character test and you will need to declare any past convictions or pending charges. Where criminal history exists you’ll need to provide an explanation. Most applicants will pass the character test and have their visa granted, provided they have not been sentenced to any terms of imprisonment for 12 months or more, however, the nature and severity of the offence as well as any sentence imposed and any patterns of offending are all relevant considerations.  

It’s important to note that both the Applicant and Sponsor will need to provide police clearances. That means a Partner Visa applicant can be refused due to the Sponsor’s criminal history even if the Visa Applicant is squeaky clean. If you  or your partner have any type of criminal history it’s best to seek advice on how this may impact your application before you apply.

Can I apply for a Partner Visa if one of us is still married to someone else?

In some cases you may be able to apply for a Partner Visa if either you or your partner are still legally married to someone else. This is a significant complexity and requires expert strategy and management for your application. If this is you, we advise you engage in the services of a professional.

What if my Partner Visa gets refused?

If your Partner Visa is refused, it’s important to get advice from a professional urgently. In some cases, you may be able to appeal the decision within a limited window of time. In other cases, it may be preferable to lodge an entirely new application. For more about visa refusals, you can read our full post here.

What if my relationship breaks down during the Partner Visa process?

Unfortunately relationships sometimes break down, and if you’re in the middle of the Partner Visa process, this can be especially stressful. In some circumstances, you may still be eligible for a visa grant and to remain in Australia such as if you and your partner have a child together or if you’ve experienced family violence. I discuss all of this and more in my blog post about relationship breakdowns.

Where can I get help with my Partner Visa?

There are two types of professionals that can provide you with advice on your Partner Visa: a Registered Migration Agent or an Australian Legal Practitioner with a valid practicing certificate. There is a difference and it can be confusing, so here’s a quick rundown on each. 

A Registered Migration Agent (RMA) has recognised qualifications specifically in Australian Migration Law. They are registered with the Office of the Migration Agents Registration Authority (OMARA) and will have a Migration Agent Registration Number (MARN). You can look up any Registered Migration Agent on the OMARA website using either their name or MARN.

A Legal Practitioner may also refer to themselves as an Immigration Lawyer. This includes lawyers or solicitors that have met the educational and practical requirements to practice law and who are registered with the relevant State or Territory Body. Unlike Registered Migration Agents, there is no requirement for Legal Practitioners to have undertaken studies specific to Australian Migration Law and they may also practice in other areas of law.  

If you plan to engage the services of either a Registered Migration Agent or an Immigration Lawyer, we recommend that you work with someone who has recent experience working with Partner Visas.

Do I need a migration agent or lawyer?

You can lodge your Partner Visa application without engaging a migration agent or lawyer, however, I cannot emphasise enough how important it is to at least get advice before you get started. Partner Visas are a complex legal process and you simply don’t know what you don’t know even if you research extensively. Getting advice from a professional upfront can help you avoid any mistakes or complexities that may result in significant stress and fees from a delay or a visa refusal.

How do I get started?

Step 1 is to book a Visa Consultation with us. During that consultation, we’ll identify the best Partner Visa pathway and strategy for your application, let you know what documents you’ll need for your application, and highlight any complexities that you may face. From there, you may choose to engage our services to prepare and manage your application or you may choose to lodge your application yourself. The choice is yours, but we’re here to point you in the right direction. If you’re ready to get started, get in touch today.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

Sadly, the privilege of being “Free to Be” is not a worldwide experience and often this disparity is a significant factor in the planning and strategy when it comes to applying for an Australian a Partner Visa for LGBTQIA+ couples.

The criminalisation of LGBTQIA+ people in other countries as well as underlying stigma is still widespread and can pose a significant barrier to the Partner Visa application process, especially for those unable to present openly as a couple due to laws in their home country, safety concerns, and fear of vilification or harassment.

Whilst these hurdles can make the Partner Visa process more complex, the good news is that updates in Australian migration law and marriage equality means the legislation no longer reflects any sex or gender related requirements, and you may qualify for a Partner Visa regardless of your orientation or identity. In Australia you truly are “Free to Be”.

What Types of Partner Visas Can LGBTQIA+ Couples Apply for?

As of December 2017 the Prospective Marriage Visa as well as Partner Visas for married or de facto couples are now available to LGBTQIA+ couples. Prior to this, recognition was limited to applicants applying for a Partner Visa on de facto grounds only.

The Partner Visa has both onshore and offshore options available depending on the visa applicants location at the time of lodgement (and of course their ability to be granted a visa to allow them to enter Australia and apply onshore).

Whether you apply for a Partner Visa on the basis of a de facto relationship, as a married couple, or decide a Prospective Marriage Visa is a better fit will vary depending on your unique circumstances and is not a once size fits all approach.

Proving Your Relationship

We often have couples approach us who are worried about how they can provide proof or evidence for their application, especially when they come across online resources with recommendations for documents that might be impossible for them to obtain such as a joint lease agreement or a joint bank account.

Some common challenges faced by LGBTQIA+ couples include:

• Minimal time spent together due to distance/financial limitations/visas or employment obligations
• Lack of social recognition of the relationship, particularly where the visa applicant lives in a country that criminalises LGBTQIA+ people and there are safety concerns related to disclosure of the relationship
• Family members lack of knowledge or support for a relationship
• Inability to jointly register documents to prove cohabitation
• Additional legal and administrative processes if you have gone through a name change or updated your documents to best reflect your gender identity

Although this can add an extra layer of complexity to your application, this is not an insurmountable challenge. We work with couples from all over the world to help put an appropriate plan and strategy in place that best reflects their relationship and ensures a well prepared application.

We work closely with all our clients to ensure their unique love story can be heard by appropriately acknowledging and documenting the reasons why some types of evidence may be impractical or impossible to obtain and preparing detailed legal submissions to address these circumstances to ensure the best prospects of success.

We Can’t Live Together

Where you are applying for a Partner Visa either as a married couple or on the basis of your de facto relationship, demonstrating that you live together OR that you do not live separately and apart on a permanent basis is a key aspect of the application. This is because the legal definition of a spouse and a de facto partner as it pertains to Australian migration law contains specific wording to this effect.

A visa application cannot be refused solely on the basis that you don’t currently live or have never lived with your partner, however in these circumstances, it is important you can satisfy the case officer that you have an intention to live together in the future and that any separation between you is only temporary.

There is no specified timeframe in which a couple must live together and all claims must be considered on a case by case basis. Where possible, you should provide as much supporting evidence of any periods of time you have spent together, what your accommodation arrangements have been during any visits with each other and a detailed explanation on your plans together for the future. All of these circumstances are relevant to the assessment of whether or not you are in a genuine and continuing relationship and your commitment to a shared life.

Where your evidence is lacking, or claims cannot be substantiated, you may need to consider what alternative arrangements can be put in place to spend time together either in Australia or abroad (including the possibility of meeting in a third country).

Types of evidence you might consider providing inlcude:

• Photos of your home life – cooking, celebrating, or relaxing together (even if this is time spent together virtually through video calls)
• Text messages about daily life (e.g. “What do you want for dinner tonight?”) and establishing your regular routine or patterns of communication
• Witness statements from housemates, landlords, or neighbours confirming cohabitation
• Evidence of travel (e.g. flight tickets, hotel bookings or Airbnb stays together)

What About Finances?

It follows that where a couple have barriers to living together full time the way they manage their finances is likely to be different based on these arrangements. Your finances may be independent or there could be a limit to the sharing of day to day costs and expenses. The good news is there is no right or wrong way to manage your money. Contrary to popular belief, the existence a joint bank account is by no means the only way to prove financial ties.

The importance lies in adequately explaining the how and they why of your current arrangements, and what your plans are into the future. Types of evidence might include:

• Evidence of messages or correspondence discussing financial planning, goals and priorities
• Keeping records of shared expenses or costs associated with travel and visits to see each other
• Money transfers receipts or bank statements showing transaction history between you
• Gift receipts of shipping records

How Do We Pick Which Visa?

The visa pathway chosen will depend on a range of factors and the level of documentation you can provide in support of the eligibility criteria.

If you aren’t sure on which visa is best suited to your individual circumstances then we would recommend a Partner Visa Consultation to discuss your relationship history and circumstances in detail to get an understanding on the most suitable pathway. When it comes to a Partner or a Prospective Marriage Visa, there is no once size fits all approach and each application is assessed on its individual merits.

As highlighted in my previous blog – getting married isn’t always the answer and your relationship status is just one piece of the puzzle when it comes to choosing the right visa pathway. A marriage certificate or registered relationship certificate isn’t a magic piece of paper, and the onus remains on you as a couple to evidence that you are in a genuine and continuing relationship and how you meet the legal criteria for your visa to be granted.

Let Us Help You

At Freedom Migration we are acutely aware of the unique challenges faced by LGBTQIA+ couples and take pride in our role as advocates for your right to love. When love is strong, barriers are just obstacles waiting to be overcome. Navigating a Partner Visa application can feel overwhelming but with the right guidance there is a way forward. Our team knows how to tackle the tough paperwork and fight for your right to be together—because your love deserves a chance, no matter the challenges.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

I always say, “you don’t know what you don’t know” and this applies both to me and the couples I work with. For my part, it’s ensuring I have all the relevant information before I can provide tailored advice or identify areas of complexity that may be encountered through the application process. For the couples I work with, it’s understanding what makes a Partner Visa complex so they have the information needed to choose how to proceed.

So what makes a Partner Visa complex?

For many, the world of visa applications is a completely novel experience and unfortunately you aren’t going to find all of the information you need online or from friends and family who have been through the process. No two love stories and therefore no two Partner Visa applications will be the same.

We have a lot of clients reach out to us who are completely unaware they have a more complex case or of the higher level of risk associated with their application because the Department of Home Affairs website doesn’t specifically mention the complexity relevant to their case.

This includes circumstances such as mistakes or incorrect information provided in a previous visa application, a history of previous visa refusals, where you hold a bridging visa, have health issues or criminal history (even when it doesn’t amount to a conviction), have sponsored multiple partners, or obtained Permanent Residence or citizenship through the Partner Visa process and are wanting to sponsor a new partner.

It also encompasses interpreting key legal definitions for a Partner Visa, presenting evidence to support your case which includes addressing subjective criteria, anticipating reasons that might cause increased scrutiny of an application or lead to a potential Partner Visa refusal, and addressing these in advance with submissions and detailed statements to explain the circumstances.

I’ve seen more than my fair share of Partner Visa refusal stories for couples in genuine relationships that simply didn’t provide enough (or the right type) of evidence to support their claims.

Pro Tip! Law in Real Life: A marriage certificate or relationship registration certificate alone does not demonstrate that you meet the legal definition of spouses or de facto partners. In fact I’ve even seen refusal notices where the case officer has stated that they have given little weight to the certificate within the context of the overall evidence presented.

Having a marriage certificate or a registered relationship certificate is like signing up for a gym membership—it proves you joined, but it doesn’t prove you actually go to the gym or are serious about fitness. Immigration wants to see evidence that you’re actually “working out” together—living together, sharing finances, supporting each other emotionally, and making joint life decisions. To get that Partner Visa approved, you need to show more than just the sign-up paperwork—you need to prove you’re actually putting in the work!

Understanding the basics

Real stories from real couples

Below I’m sharing some real life stories of cases where couples’ relationship history and documentation seemed straightforward, but there were other factors that made their application more complex. Whilst these complexities weren’t deal breakers I think they all fall into the category of “things you wish you knew before starting.”

Complex Case Files: Health Concerns

Despite living with this health condition for over 10 years which was well managed and stable with medication, this client was shocked to receive a natural justice letter advising their Partner Visa might be refused based on the outcome of their visa medical unless they were successful with a health waiver.

They had been living in Australia for 4 years already, arriving first on a Working Holiday Visa before transitioning to a short term sponsored work visa. Throughout this time they were covered by Medicare under a Reciprocal Health Care Agreement which meant they received a subsidy for their medication under the Pharmaceutical Benefits Scheme (PBS). Because of the subsidy they, were completely unaware of the full cost of their medication (roughly $15,000 per year).

Because their previous visa applications were only for a 1 or 2 year visa, the health assessment only takes into consideration the cost of the condition over the visa validity period. When you apply for a permanent visa, and you have a permanent condition with a reasonably predictable prognosis, the costs are calculated over a 10 year period. That’s why this client had previously passed the medical assessment, but this time around it wasn’t the same.

If you have a known medical condition or take regular prescription medication, it’s always advisable to seek professional advice before lodging your visa application to make sure you have a thorough understanding of how the health criteria works, and whether or not you are likely to meet the criteria or need a waiver as part of your visa application process.

Complex Case Files: Not your first rodeo?

In a cruel twist of fate, this person’s Partner Visa was granted only a few months after the visa was lodged when their partner passed away in a tragic accident. A few years on, she was lucky enough to have found love again, but her new partner would need to be sponsored for a Partner Visa. She’d been through the process once before, so she thought she could handle it. What she didn’t know was that her happy ending could potentially be overshadowed by a dark cloud and time limits of sponsorship limitations.

I recently had a good laugh with my sister about the origins of the saying “this ain’t my first time at the rodeo.” I’ve been to a rodeo, and bull riding certainly doesn’t appear to be easy regardless of the level of experience you have. A second, third, tenth or twentieth time riding looks to be just as hard!

Applying for a Partner Visa when you’ve previously been a sponsor or a sponsored partner isn’t your first rodeo—but that’s exactly why you need expert advice! Just like a seasoned rider knows that no two bulls buck the same way, past experience doesn’t guarantee a smooth ride this time around. Immigration laws change, sponsorship limits apply, and previous applications can come back to bite if you’re not prepared.

Complex Case Files: Criminal History

This person had been waiting 3 years for an outcome on their Partner Visa and heard nothing back after providing police checks. They shared their remorse and stress over a silly decision which lead them to receiving a good behaviour bond after being caught with possession of an illicit substance at a music festival.

Their application was referred to the Visa Application Character Consideration Unit which was the cause of delays. Substantial submissions and character references needed to be provided and eventually the visa was granted – but not without a formal warning letter from the Department! Essentially the warning letter said: On this occasion we have decided not to refuse your visa, but that doesn’t mean we won’t cancel it if you do something again.

The character test for an Australian visa is purposefully broad and subjective to allow discretionary refusal of a visa in order to protect the Australian Community. There are also certain types of offences and sentences that will automatically lead to a refusal unless you can present sufficiently compelling arguments that would justify the granting of a visa. If you or your sponsoring partner have found yourselves on the wrong side of the law, you need to be prepared for the potential impact it may have on your visa application.

Common mistakes we see are non-disclosure of historical or youth offences. Several countries operate under a ‘step down’ model which means after a certain number of years, depending on the type of offence, if you have had no further dealings with the law, the details of any previous offences won’t actively show on your police check. Another mistake I often see is non-disclosure of convictions related to driving offences. Many people believe these are treated separately to criminal convictions.

Even if you aren’t convicted, when it comes to any charges or offences that have occurred in Australia, these are taken incredibly seriously. Anyone being granted a visa to remain in Australia permanently or temporarily is expected to uphold Australian values and community standards. The ministerial direction for assessing character concerns clearly states that any type of conduct involving violence or the threat of violence or that puts the safety of our community at risk (e.g. drink driving), regardless of the sentence imposed, can expect to be denied the privilege of staying in Australia.

Now that’s not to say that one black mark on your record will equal a visa refusal, but a word of warning, that any criminal history is likely to require additional documentation, and potential delays in processing, your straight forward Partner Visa might be a lot more complicated than you think!

Complex Case Files: Changing Strategies

This visa applicant was caught in the crossfire of a number of changes. They had actually lodged an application for permanent residence under the employer nomination scheme, however, things with their employer were going downhill and the business went into administration. This person had been on a Bridging Visa A for over 12 months when they realised their employer sponsored visa wasn’t going to be approved, so they decided to apply for a Partner Visa instead.

The Partner Visa had always been a back up plan as the original sponsoring employer had paid all of the fees for the original visa sponsorship, so it seemed liked a good deal. When the business hit financial trouble, this couple jumped the gun in applying for their Partner Visa. They’d recently married and had been together for over 4 years, so it seemed like a straight forward application. Unfortunately they had no idea about the Schedule 3 requirements or the strategies that could have been utilised to avoid it.

Complex Case Files: False Farm Work

This client confessed during her consultation that the reason she was most worried about her Partner Visa was because she had lied about completing farm work in order to qualify for her second Working Holiday Visa and didn’t know if this would cause issues later down the line. She was just a few days shy of meeting the 88 days required, but due to storms and adverse weather they were washed out and unable to work for approximately 4 days.

In a desperate panic as her visa was soon to expire, she changed the dates on her first payslip and submitted the application with the incorrect dates. At the time she thought she had nothing to lose – she just wanted one more year before continuing her travels and the visa was granted in just a few days. It was during this second Working Holiday Visa she met her partner and plans soon changed!

Unfortunately the false farm work is a serious problem. Where you provide false or misleading information in a visa application this can lead to a refusal and a 3 year ban!

Staying One Step Ahead

A Partner Visa is one of the biggest investments you will make into your future. To make the process as stress free as possible, stay one step by getting tailored advice to map out your future together before diving straight into the application process. A Partner Visa consultation will help you to understand the visa framework in more detail and prepare you for potential pitfalls in the application process. Once you know what you need to be prepared for based on your unique circumstances, you’ll be in a better position to decide if you want to continue with the application alone or if you could use some extra assistance!

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

In our experience, couples can become a little shell-shocked when they see the Partner Visa cost and are working out how to budget for these expenses. I’d liken this to my experience in the early stages of wedding planning… I’d never planned an event as big as a wedding before, or used any of the services that are typically associated with a wedding (like a florist or a celebrant) so I just had no idea what to expect in terms of costs. I also had to consider how the total monetary price compared to other costs – like my time and my stress levels!

The same goes with migration and the Partner Visa process! An Australian passport ranks 5th on the Global Passport Ranking with access to 189 countries visa free, BUT we don’t return to favour to ANY country! Learning about visas as well as the Partner Visa cost is usually a new experience for at least one half of the couple and there is a lot to learn.

If I had a dollar for every time I heard someone say “I had no idea it was going to be this complicated or this expensive” or “We just don’t know where to start” in one of our visa planning sessions… well I’d have a lot of dollars! Maybe not quite enough to cover the visa application fee, but certainly enough for a shopping spree!

Put simply, you don’t know what you don’t know, so I’ve put this guide together to help you plan for your future and get an idea of the real Partner Visa cost. It’s not just the financial commitment and the visa application charges you need to consider, but the deeply personal and logistical challenges you will encounter as part of the process that represent the true Partner Visa cost.

Basic Partner Visa cost – application fees

Let’s start with the easy tangible Partner Visa cost – the government visa application fees. These are typically increased in line with the Consumer Price Index (CPI) at the start of each new financial year on 1st July. If you want to avoid price hikes, consider this date when planning your budget. If you aren’t eligible to apply before this date – you may need an extra cash buffer compared to when you started the Partner Visa process.

As of 1 July 2025 the government visa application charge for both the onshore and offshore Partner Visa, as well as the Prospective Marriage Visa is $9,365 for the main applicant.

If there is more than one applicant (such as a dependant child), additional fees apply and are calculated based on the number of additional applicants and their individual ages.

The visa fee for a secondary applicant over 18 is $4,685 and $2,345 for any child under 18. (These costs are calculates based on the age on the day you apply).

Onshore Partner Visa cost for Prospective Marriage Visa holders

If you apply for a Prospective Marriage Visa, you will need to lodge an onshore Partner Visa after it has been granted and you have married. Thankfully, this further application fee is substantially less than the initial outlay.

These fees are also increased along with the other visa application charges on the 1st of July each year so be warned, it is impossible to calculate the total Partner Visa cost at the time of applying for your Prospective Marriage Visa as the processing times, as well as when you travel to Australia and get married, will impact the date you are eligible able to lodge the onshore Partner Visa.

As of 1 July 2025 the application fees for an onshore Partner Visa if you are the holder of a Prospective Marriage Visa are:

• Main Applicant: $1,560
• Secondary applicant over 18: $785
• Secondary Applicant under 18: $390

Surcharges and payment methods

Additional Partner Visa costs will apply depending on the method of payment. Clients opting to use BPAY won’t have any further costs – but we warned, the time it takes to process payment (typically 1-5 business days) will delay lodgement of your application. This payment option is also often suspended temporarily during periods of IT maintenance.

The credit card surcharges range from 1.4 -1.9%. Even the lowest surcharge for the online payment option of PayPal which is 1.01% is adding an extra $94.59 in fees where there is only one applicant.

Other tangible Partner Visa costs

As part of your visa application you will need to complete a medical examination with the Department’s approved medical provider. In Australia this is through Bupa and the total starts from $418.50, depending on the tests required. If you undertake your medical outside Australia you should check with the medical centre to confirm the exact fees. Travel to and from the medical centre is also a relevant consideration in terms of cost of transport and/or time off work or study to attend the appointment. For some applicants this can include international travel and other visa costs.

Sponsors and visa applicants will need to factor in the expense of police checks into their total Partner Visa cost. The AFP check is currently $56. Costs for overseas police clearances will vary depending on the country, and you may also need to consider things such as costs for fingerprinting services, international postage and/or document translations.

The cost of document translation can vary significantly depending on the translator and type of document. It’s worth doing your research and comparing a few quotes by searching the NAATI directory.

If you’ve lost or don’t have copies of important documents such as your birth certificate or marriage certificate, you may need to pay for and order new ones.

Costs associated with immigration advice

Please please please get professional advice before you lodge anything. The Department’s website is an overview of the key requirements only and isn’t a replacement for tailored and comprehensive legal advice. You are about to make a huge investment in your future together – and the application is going to be assessed against a complicated legal framework, it will cost you a lot more if you get it wrong than it will to seek some initial advice.

What are the costs to use a Registered Migration Agent?

Most Registered Migration Agents work on a fixed fee basis. This means they will quote you at the start of your application for a defined scope of work and that is the total amount you can expect to pay unless there is a significant change in your circumstances.

This fixed fee system is different from what you might expect if you engage the services of a lawyer, who may charge you on an hourly or smaller incremental basis.

Honesty and openness are important here, as in an extreme example, if you did not tell the agent about your extensive criminal record when they quoted you and this information comes to light during the process, it is highly likely you will be requoted.

The overall cost really depends on two things;

1. How complicated your case is, and
2. How experienced the agent is in this area.

Complications such as your previous visa history, conflicting information in past applications, health and character concerns or child custody arrangements can all impact the complexity of a case and level of work involved which directly correlates to the overall cost.

While we know a lot of other migration agents promise the world in their speedy 15-minute free chats, that’s not how we operate. At Freedom Migration, we value your time and the expertise of our team, which is why we charge a consultation fee of $270, and everyone’s Partner Visa journey starts with our comprehensive visa planning session.

This ensures you receive tailored, high-quality advice specific to your immigration needs from a qualified professional, not just generic information. It also allows us to dedicate the time and attention needed to thoroughly understand your situation and provide actionable solutions.

A word of caution; be very wary if someone gives you a straight-up quote before assessing your situation in detail. While it may be annoying to read, it is totally impossible for us to say how much work/cost is involved in your case until we have had a visa planning session. You wouldn’t book a doctor in to perform surgery without a specialist consultation and pre-screening, so would you really feel safe and confident being represented by a migration agent or lawyer after a quick chat on the phone?

We need to spend time to get to know you, understand the history of your relationship and discuss your fears and concerns to ensure we are the right fit and can assist you with an application. At the end of our session, we will give you our considered opinion based on what you have told us on whether we feel you meet the relevant requirements and the level of support you might need to achieve your goals.

We will answer any burning questions and bust any of the myths you might have heard. You’ll also receive a detailed letter of advice and a fixed fee quote for how much it will cost to engage our services if you are able (and choose) to proceed with an application.

The cost of getting your life started in Australia

Flights/Travel and other Relocation Costs are going to be your big ticket items. This includes the cost of travel to Australia, or travel to spend time with each other during the processing of your visa, shipping of belongings, excess luggage, costs of importing pets, temporary accommodation whilst looking for a rental or home to buy as well as furnishings and home decor. All these start up costs add up! You might also need to consider the cost of purchasing a new or used vehicle, interest rates or eligibility for finance and cost for converting international driving permits…the list goes on!

Pro Tip! Make sure to check with the airline you fly with for their requirements on the validity period of your passport. It is a requirement to hold a valid travel document in order for your Australian visa to be granted, but individual airline policies, or immigration in transiting countries may have different rules to Australia!

The costs you can’t see

Your time as well as lost time are huge costs that often get overlooked! I won’t sugar coat the fact that no matter how you choose to proceed with a Partner Visa, it’s going to take a lot of time and energy to prepare your documents. If you’re trying to do all of this without a background or qualification in Australian immigration law, you are going to have to spend even more time researching the process not to mention worrying about the process.

The cost of getting things wrong, or even just not getting it 100% right the first time can be significant in terms of big life goals. Couples we have worked with have pointed to job security and finding employment in their preferred field, meeting lending criteria to purchase property, along with significant tax implications are as motivations for getting their Partner Visa grant as quickly as possible. Some couples are forced to consider adjusting timelines to start planning for children based on eligibility for parental leave payments, or pursue further study.

Mistakes in your application can have serious consequences, often with a ripple effect that impacts many aspects of your life. A simple oversight or misunderstanding can result in your visa being refused or leave you without lawful status. Where a Partner Visa is refused, the processing times for an appeal can be up to 4 years. This is a long time to be in visa limbo and feel like there is no stability or security for your future together.

The cost of not getting professional advice might include losing your right to work, travel, or remain in the country, disrupting your income and plans. In some cases, it might reset the time required for permanent residency or citizenship, delaying your long-term goals. These errors can even lead to separation from your partner, creating emotional strain and distress. The costs aren’t just financial—such as lost wages or fees to rectify the mistake—but also deeply personal, affecting your mental health and relationships. Proper guidance from the start helps you avoid these risks and ensures your path to a secure future.

The bottom line

While we hope the Partner Visa costs you have read in this blog haven’t totally blown your dreams apart, remember there is always a way and we are here to help. The monetary component remains significant, but the true Partner Visa Cost will be different for every couple depending on their goals for the future and their values.

Remember you are applying for a permanent visa so you can continue your future together in Australia. To us, that is priceless.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

Navigating Australia’s visa system is incredibly complicated – there’s certainly a lot more to it than is published on the Department of Home Affairs website. It starts with The Migration Act (1958), which is the actual legislation that governs Australia’s migration and visa framework.

In legislation, sections are like chapters or paragraphs in a book. They break down the law into manageable, organized parts to make it easier to read and reference. Each section focuses on a specific rule, requirement, or definition within the broader law. For example, one section might define who is affected by the law, while another outlines what’s allowed or prohibited.

What do you need to know about Section 48?

If you are a keen legal researcher and understand how to read and interpret legislation you can read all about the powers and limitations of Section 48 on the Federal Register of Legislation. However, if you don’t consider reading slabs of legislation light bedtime reading and you want to understand what the practical implications of Section 48 are and whether or not they apply to your visa journey, this blog is for you.

Section 48 of the Australian Migration Act 1958 prevents certain visa applicants who have previously been refused a visa or had a visa cancelled while in Australia from applying for most other visas while they remain in the country. This section applies to “unlawful non-citizens” (people in Australia without a valid visa) or those who hold a bridging visa after a visa refusal or cancellation.

Section 48 essentially operates as a bar or block from making a valid visa application.

What is a valid visa application?

There are a few other sections of legislation that set out rules and requirements for making a valid visa application which intertwine with Section 48 and vary depending on the type of visa you are applying for. Things such as what application forms you need to complete, the correct visa application fee, mandatory documents you need to provide, where to apply and the type of visa you must hold when you apply all impact the validity of an application. The main thing you need to know is that if your application is not considered ‘valid’ it’s as if you never applied or the application doesn’t exist.

What is the purpose of Section 48?

The primary purpose of Section 48 is to encourage individuals to maintain lawful status and comply with visa conditions while in Australia. By limiting the ability to apply for new visas onshore after a refusal or cancellation, the provision promotes the integrity of the migration system and ensures that applicants follow proper procedures in the following ways:

1. Limit Repeat Applications: Section 48 aims to discourage people from repeatedly applying for visas from within Australia after a refusal or cancellation, particularly when the previous application did not meet the criteria. It prevents people from attempting to “shop around” for different visa options without leaving the country and stops people relying on bridging visas as a means of staying in Australia indefinitely.
2. Streamline Visa Processing: By limiting the types of visa applications that can be lodged by someone whose visa has been refused or cancelled, Section 48 helps reduce the backlog and administrative burden on the immigration system. This makes the process more efficient for both the applicants and the authorities.
3. Encourage Departure and Compliance: This provision encourages people to depart Australia if their visa has been refused or cancelled, especially if they are not eligible for other visas while onshore. However, it doesn’t prevent them from applying for certain visas and they may apply for other visas from offshore.

I’ve previously been refused a visa – does this mean I am Section 48 barred?

The starting point to determine if you are subject to Section 48 or a Section 48 bar is to confirm your current visa status. If you do not hold a valid visa or you are the holder of a bridging visa this might apply to you!

Whether or not you are impacted by the Section 48 bar depends on a number of circumstances that are best assessed in detail during one of our visa planning sessions. There are unique variables to consider such as when the visa was refused, when you last entered Australia, and the type of visa you hold. Similarly if you’ve previously had a visa cancellation, and in-depth assessment of your full visa and travel history is needed to ascertain whether or not Section 48 will apply to you.

Pro Tip: Section 48 won’t apply if you currently hold a substantive visa!

Can I still apply for a Partner Visa if I have a Section 48 bar?

Section 48 only applies to people in Australia so if you are planning to lodge your Partner Visa offshore you won’t have anything to worry about.

The Section 48 bar offers some flexibility and there is a prescribed list of visas that are exempt from the rules. This includes an onshore Partner Visa application for a subclass 820 or 801 visa, however this might not be possible if the visa you had refused was a Partner Visa application.

If you have a Section 48 bar and are wanting to submit an onshore Partner Visa application, it is important to speak with a Registered Migration Agent to get professional advice on your prospects of success. Here at Freedom Migration, we do this through our visa planning session where we’ll sit down, discuss all the details you need to know about your case, and create an optimal strategy for your Partner Visa application.

As my mother often told me, just because you can….doesn’t mean you should!

If you have a Section 48 bar, even though it is possible to lodge a valid application for an onshore Partner Visa with the right advice and guidance to ensure you provide the correct documentation, chances are you will also be impacted by Schedule 3 criteria which is a completely different ball game and may lead to visa refusal.

Can I apply for an exemption from a Section 48 bar?

If only that were the case! Unfortunately, under the Australian migration framework there isn’t an option to simply apply for an exemption from the Section 48 bar. The legislation has a pre-determined list of visas that are not impacted by the Section 48 bar. Staff at The Department of Home Affairs have no legal authority to grant exemptions to allow applicants who are subject to a Section 48 bar to apply for visas not already covered by the legislation – even if they ask nicely.

How Can I avoid a Section 48 Bar?

The easiest way to avoid a Section 48 bar is to simply do the right thing! Make sure you are following all the conditions of your visa and continue to meet the eligibility criteria. If you are a student visa holder make sure you are not exceeding the maximum number of working hours each fortnight and that you are attending your course and making progress in your studies. If you are applying for a new visa, make sure you get professional advice to ensure you meet the eligibility criteria and submit a well prepared application to ensure maximum prospects of success. No refusals, No cancellations, No worries or Hakuna Matata as our Lion King friends would say!

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

1. You have some visa experience and have started to have complications
2. You are in the early stages of researching Partner Visas and want to make sure you cover everything

No matter, where you’re at in your Partner Visa journey, this article is going to help you to understand what a Schedule 3 waiver is, if and when you need one, as well as the requirements for approval.

In a Nutshell…

Before I throw you in the deep end and we dive into all the complex consideration for the Schedule 3 waiver, you are probably asking what is Schedule 3? Consider this a mini law tutorial in Australian Migration.

The Migration Act (1958) and the Migration Regulations (1994) are the two main pieces of legislation that govern Australia’s immigration framework. The Migration Regulations is where all the different criteria for different visas are set out, and it is broken down into different “Schedules”.

If you’ve read my blog on bridging visas, you’ll know that they exist to bridge the gap between two different applications and keep you lawfully in Australia. Schedule 3 is essentially a set of rules and additional criteria that is imposed on certain visas and that applies to applicants who are unlawful or certain bridging visa holders. It is designed to:

• Encourage people to make arrangements to apply for a new visa before their current substantive visa expires
• Discourage people from remaining in Australia without a valid visa
• Prevent them from taking an unfair advantage of the benefits of remaining in Australia using our bridging visa system or manipulating the circumstances to become eligible for other visas without having to leave Australia or apply from offshore

The Partner Visa Schedule 3 criteria includes:

• Time limits for applying for a new visa
• A requirement that there is factors beyond your control that explain why you became unlawful or the holder of a bridging visa

If you don’t meet the Schedule 3 criteria then your visa will be refused. The exception to this is for certain visa subclasses that also have a provisions for a Schedule 3 waiver – such as a Partner Visa!

Partner Visa Schedule 3 Requirements

The good news is Schedule 3 and Schedule 3 waivers only apply in the context of an onshore Partner Visa application. If you are planning to submit an offshore Partner Visa application you don’t have to worry!

If you are planning to apply for a Partner Visa onshore, then you’ll need to be aware of the rules and Schedule 3 waiver requirements if you are unlawful or the holder of a bridging visa at the time you plan to apply for your Partner Visa.

The most common scenarios we see for people who need to factor in Partner Visa Schedule 3 requirements into their plans is either:

• An applicant who has been refused a visa for a different type of application and is holding a bridging visa whilst they wait for the outcome of an appeal or
• People who have overstayed their visa (knowingly or not)

Given the increasingly long processing times for visas, I’m also starting to see this issue needing to be addressed where a person holds a bridging visa and, due to a change in circumstance during the processing of this application, they either no longer meet the criteria or no longer wishes to proceed (e.g. a work sponsored visa is in process but the company goes into administration or student changes their mind about a course of study).

Help! I think Schedule 3 might apply to me!

If you’ve read the examples above and are starting to panic that the Schedule 3 rules might apply to you, it’s important to seek advice that is tailored to your unique circumstances so that an appropriate strategy can be put in place with a full assessment of the facts. This is something we cover in detail during our visa planning sessions so you know exactly what your options are and the risk factors involved.

In the context of Partner Visa Schedule 3 requirements, the main considerations are time limits on when you last held a substantive visa, whether or not you have substantially complied with the conditions of your previous visa, compelling circumstances, and that the reasons you don’t currently hold a substantive visa being beyond your control.

Some of these are subjective elements which means that a decision on whether or not you satisfy the Schedule 3 criteria will not necessarily be clear cut or beyond dispute. The case officer will be required to exercise their judgement and discretion assessing the circumstances against the policy and intention of the criteria as outlined above.

Failing Partner Visa Schedule 3 Criteria

Depending on how long it has been since you last held a substantive visa, some people will fail the Partner Visa Schedule 3 criteria based on the time limits alone. However, even in cases where you are still within the approved time limits, there are further additional and distinct requirements that must ALL be met.

My experience is most applicants will fall down on the requirement that they became an illegal entrant or a person without a substantive visa because of factors beyond their control.

The department are tough critics! They generally won’t accept any of the following reasons you either don’t hold a visa or are on a bridging visa:

• Claims you were unaware of your visa expiry or made a genuine mistake interpreting the period you were allowed to stay in Australia
• Your employer or other authorised representative told you they’d take care of things and missed the deadline to submit a new application
• You tried to lodge an application that was deemed invalid
• The processing times are too long which is why you are on a bridging visa and you’ve since changed your mind and want to apply for a Partner Visa instead

The other two most common are:

• Failing because you didn’t met the eligibility criteria for a Partner Visa on the last day you held a substantive visa
• Non compliance with past visa conditions and subsequent cancellation

Again, this is where a detailed assessment of your individual circumstances is required to determine the prospects of success. In cases where there is a high degree of risk due to the subjectivity, the options are changing strategy and considering lodgement of an offshore application or proceeding under the Schedule 3 waiver provisions.

How can I get a Schedule 3 Waiver?

If you do not meet the Partner Visa Schedule 3 criteria it is still possible to have your visa granted under a Schedule 3 waiver where the applicant can show ‘compelling reasons’ for not applying the criteria.

The waiver is by no means a ‘get out of jail free’ card. The intent of these provisions is only to allow people with genuinely compelling circumstances to regularise their status. As a general rule, the existence of a genuine relationship and the hardship of being separated from your partner during the processing of an application isn’t sufficient grounds for a Schedule 3 waiver. If you can leave Australia and apply for a Partner Visa offshore, that is what the department expects from you. These are the same circumstances being faced by the majority of Partner Visa applicants when applying from offshore so the bar is set higher.

What is considered compelling?

There is no specific list of what can count as ‘compelling’, each application is assessed on its individual merits. With the intent of the waiver provisions in mind, it is generally expected that the reason the you do not hold a substantive visa is because of factors beyond your control or otherwise prevented you from becoming lawful through means other than the Partner Visa application.

Examples of compelling circumstances may include but are not limited to: 

• A severe illness or medical issues
• Where there are Australian citizen children of the relationship
• Where there are maternity issues and departure from Australia could complicate matters
• Your departure could have a significant impact on the sponsors health or welfare or 
• Where there is war or violence in your home country that makes it unsafe to return and apply from there

Schedule 3 waivers are complicated, and success can be few and far between. If you need assistance with your Partner Visa journey and are worried about how these provisions might impact your prospects of success and plans for the future get in touch with our team for a confidential discussion where I will step you through everything that you need to consider as part of the application process.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

It’s important to remember, this summary is just the tip of the iceberg. Bridging visas are incredibly complex and everyone’s visa journey is unique. At Freedom Migration, every couple’s journey starts with a detailed visa planning session where I get to learn more about your love story, your visa history, and your plans for the future so we can start crafting your individual visa roadmap.

This blog is going to help you understand some of the basic legal concepts surrounding Partner Visa bridging visas but for advice that is tailored to your relationship, current circumstances and plans for the future we recommend booking a full consultation so you get the right information and can proceed with confidence.

What is a Bridging Visa?

The first thing you need to know is that a bridging visa is not considered to be a substantive visa. Bridging visas are their own special category and there is a lot of letters and numbers for the different Partner Visa bridging visas to cover.

There’s a Bridging Visa A (Subclass 010), Bridging Visa B (Subclass 020), Bridging Visa C (Subclass 030), Bridging Visa D (Subclass 040), Bridging Visa E (Subclass 050 and 051), Bridging Visa F (Subclass 060)… and Bridging Visa R (Subclass 070).

There’s also lot of rules (and a lot of exceptions to the rules), just like learning how to spell in English:

I before E, except after C
Or when sounded as ‘A’ as in ‘neighbour’ and ‘weigh’…Or occasionally in technical words with strong etymological links to their parent languages as in ‘cuneiform’…Or in other numerous and random exceptions such as ‘science’, ‘forfeit’, and ‘weird’.

I know you aren’t here for a spelling lesson, but hopefully you can see my point! The legislation that governs bridging visa conditions is similar so let’s start with the basics.

How does a Partner Visa Bridging Visa work?

In keeping with it’s namesake, a bridging visa within the context of Australia’s migration framework can be compared to crossing a bridge over uncertain terrain between two stable destinations.

Imagine you’re on a journey, and at one point, you need to cross a bridge that connects two solid pieces of land. Each side of the bridge represents a different visa status or legal situation — one side will be your current visa or situation, and the other is where you’re hoping to go (Australia, with your Partner Visa approval in hand!)

The bridging visa is the bridge itself — a temporary structure allowing you to move from one side to the other without falling into the uncertain terrain below (becoming unlawful).

Bridging visas allow you to either remain lawfully in Australia or travel and return to Australia whilst you await the outcome of your Partner Visa where any previous visa you have held ceases to exist. This might be due to an expiry, reaching a maximum stay period or due to a visa refusal or cancellation.

Sounds simple enough, right? Not so fast!

When it comes to Partner Visa bridging visas and the bridging visa conditions each situation requires a tailored approach. Not everyone has the same departure point or end destination. Some of the most common questions I get asked are: “Can’t I just apply for a Bridging Visa?” and “What Bridging Visa conditions will I have?”

The answer to the first question is no – you can’t ‘just apply’, not all applicant’s are entitled to a bridging visa you need to meet various legal considerations first.

The answer to the second question is: it depends on a lot of different things, it’s not a one size fits all approach which is why it is something I make sure to cover in detail in our visa planning session.

Going back to our bridge analogy – The type of bridge you cross (or type of bridging visa you are granted and the bridging visa conditions) varies:

Like Sydney’s iconic Harbour Bridge, some bridges are well-constructed and stable just like a Bridging Visa A or B, where the bridging visa conditions can include work and travel rights.

Others might be more restrictive and narrow, limiting your freedom while you wait for the other side (such as Bridging Visa E with no work rights).

At any time, if the conditions on the bridge change or you’re not allowed to cross, you might have to adjust your approach, perhaps by applying for another bridging visa or seeking further legal advice to ensure you don’t fall into the terrain below.

What are the different types of Partner Visa bridging visas?

I’m reverting back to our English and spelling lessons here and I’m going to cover the 4 most common Partner Visa bridging visas that we see. Remembering these 4 key sayings is the perfect starting point.

Bridging Visa A is Awesome, Bridging Visa B is Better, Bridging Visa C is Challenging, and Bridging Visa E is an Emergency! Because bridging visas are all about keeping you lawful in Australia, they usually apply in the context of an onshore Partner Visa application – but as always there are exceptions to the rules! If you’ve already lodged or a planning to apply for an offshore Partner Visa there may still be options to get a bridging visa in the future. Read on to find out more.

Bridging Visa A (BVA) – Bridging Visa A is Awesome

For most Partner Visa applications, the BVA is the bridging visa you are likely to get, if you apply for an onshore Partner Visa whilst you hold a valid substantive visa (eg. a student visa or tourist visa). Be sure to check out my blog post on condition 8503 to find out more about whether or not you can lodge an onshore Partner Visa based on the conditions of your substantive visa.

Why is it awesome?

• Automatic Transition: if you’re already on a substantive visa when you lodge your onshore Partner Visa application, the BVA should be granted on the same day you receive your acknowledgement letter. In some rare cases (usually IT issues with the Department’s server) there can be delays. The BVA sits in the background, ready to ‘bridge the gap’ or ‘activate’ as soon as your other visa expires. This means there are no gaps in your legal stay – you’re fully covered!
• Your Bridging Visa Conditions: if you are granted a Bridging Visa A in association with an onshore Partner Visa there should be no conditions attached – this means full work rights once the BVA is in effect.
• Security while you wait: The BVA ensures that you stay in Australia lawfully while waiting for your Partner Visa decision, making it an essential and worry-free visa. It doesn’t allow for overseas travel, but that’s where our next visa comes in!

Pro tip! One of the most common pitfalls when it comes to planning your Partner Visa journey is not understanding when the BVA starts or when the bridging visa conditions will apply. A lot of people incorrectly believe that as long as the Bridging Visa A is granted there is nothing to worry about, but unfortunately that is not the case! For example if you still have 18 months left on your student visa at the time of lodgement, the BVA and associated work rights will only apply if the Partner Visa hasn’t been decided before the original expiry date.

Bridging Visa B (BVB) – Bridging Visa B is Better

When you need to leave Australia temporarily while your Partner Visa is still processing, the Bridging Visa B (BVB) is a step up, because Bridging Visa B is Better for those who plan to travel. Here’s why:

• Travel Freedom: Unlike the BVA, the BVB allows you to travel overseas and return to Australia. It’s ideal for Partner Visa applicants who need to visit family, attend important events, or manage personal affairs while waiting for their visa outcome.
• Retains Legal Status: Even if you leave Australia on a BVB, you can return and continue your lawful stay. It’s crucial to note that the BVB only permits travel within a specific window of time (usually between 3 to 12 months), so you’ll need to plan your trip accordingly.
• Work Rights Intact: If your bridging visa conditions on your BVA include work rights, these usually carry over to your BVB. So, you can return to Australia and continue working.

Pro tip! Even in cases of emergency – You must get a Bridging Visa B BEFORE you leave! It’s not possible to be granted a Bridging Visa B from offshore. We’ve had more than our fair share of panicked phone calls from DIY visa applicants being denied boarding at the airport who had no idea they needed a Bridging Visa B to travel. The good news is the turnaround time for approval is usually pretty fast – sometimes within a matter of days, but we always recommend applying in advance.

Bridging Visa C (BVC) – Bridging Visa C is Challenging

Now, let’s talk about the Bridging Visa C (BVC), at this point in the alphabet things start to get a bit harder….Bridging Visa C is Challenging. This visa is generally issued when:

• Your Visa Has Expired: If you applied for a Partner Visa after your previous visa expired or whilst you hold a different bridging visa like Bridging Visa A or B that’s linked to another application, you may end up with a BVC. This might include scenarios where you have had a previous visa refusal and are waiting on an outcome of an appeal.
• No Travel Rights: One of the biggest challenges of the BVC is that the bridging visa conditions don’t allow travel. If you leave Australia on this visa, you will not be allowed to return unless you apply for and are granted a new visa.
• Restricted Work Rights: Initially, the BVC may come with no work rights. You may be able to apply for work rights based on financial hardship, though it can be more difficult to get approval.

The BVC serves its purpose by keeping you lawful in Australia, but it comes with more restrictions than other bridging visas, which is why it can be challenging to navigate.

Pro Tip! If you fall into this category it’s important you seek professional advice as there are other considerations to be aware of that can impact your prospects of success and additional criteria that may apply to the onshore Partner Visa known as Schedule 3.

Bridging Visa E (BVE) – Bridging Visa E is an Emergency

Finally, we come to the Bridging Visa E (BVE), which is your lifeline if things have gone off-track. Think of it as a last resort — Bridging Visa E is an Emergency visa for when you’re in urgent need of a solution and have become unlawful. Here’s why:

• Regaining Legal Status: If you find yourself in Australia without a valid visa (i.e. unlawful), the BVE can help you regain lawful status while you make arrangements to either finalize your Partner Visa or leave the country.
• Limited Rights: The bridging visa conditions on a BVE is much stricter. It typically comes with no work rights, and your travel options will be extremely restricted. If you leave Australia on a Bridging Visa E you won’t have a visa to return to Australia might be forced to wait offshore for an outcome on your Partner Visa making it a visa to avoid if possible.
• For Critical Situations: The BVE is used in emergency situations, such as when your visa application is refused, and you’re waiting for an appeal or trying to resolve your immigration status.

Pro tip! If you depart Australia as the holder of a Bridging Visa E, you may have up to a 3 year ban from being granted certain visas to return to Australia. It’s important to understand how your visa status now can impact your future, especially if your plans or circumstances change.

Now that you know your A B C’s and E’s we have a bit more to unpack.

When does my Bridging Visa start?

It’s important to understand that your Partner Visa bridging visa (whether BVA, BVB, BVC or BVE) does not come into effect immediately after lodging your application. In some cases the Partner Visa bridging visa might never come into effect, e.g. you already have a long stay visa such as a sponsored work visa valid for 4 years.

In other cases, the Partner Visa bridging visa will be active immediately on grant (e.g. a BVE) because its purpose is to allow you to regain lawful status. In some cases you might hold multiple bridging visas at the same time (eg a Bridging Visa A and C, and the timing of each visa is dependent on circumstances such as the outcome of a different visa application. This is where you need to seek advice that is as unique as you are – don’t rely on “what happened for your friend”.

How long will my Partner Visa Bridging Visa last?

Your Partner Visa bridging visa will typically last until a final decision is made on your Partner Visa application. If your Partner Visa is withdrawn, your visa is usually valid for a further 35 days from the date of withdrawal. During this time, you should make arrangements to either apply for a different visa or depart Australia. The travel rights linked to a Bridging Visa B are at the discretion of a case officer. If this date has passed, you can still stay in Australia, but if you need to travel again, you might need to apply for a further Bridging Visa B.

What Happens if Your Partner Visa is Refused?

If your Partner Visa is refused and you apply for a review within the statutory timeframes, your Partner Visa bridging visa typically stays in effect until any merits review or appeal process is finalized. Usually, the same bridging visa conditions will continue to apply.

What About Cancellations?

A visa cancellation is a serious matter and many people don’t understand the full extent or consequences associated with your bridging visa conditions where a cancellation takes place. A cancellation might be in relation to a breach of visa conditions or a change in circumstances. I’m often asked if there are any shortcuts to getting a bridging visa to become active or if couples can apply to cancel their previous visa so it starts sooner. Here’s what you need to know:

If you have a visa cancelled, even in cases where you personally request the cancellation and regardless of any breaches in your visa conditions, any bridging visa that has been granted to you is also automatically cancelled and you will become unlawful. This puts you back in the emergency situation of a Bridging Visa E and there’s no quick fix!

What about offshore applications and Bridging Visas?

As previously mentioned, Partner Visa bridging visas typically apply in the context of an onshore application, but there are some unique scenarios where they can be still be granted in association with an offshore application.

Your eligibility and the bridging visa conditions linked to an offshore application is going to depend on:

• what visa you held at the time of lodgement of an offshore Partner Visa application
• the conditions that applied to that visa
• the expiry date of the visa you hold during your current stay in Australia and whether or not this is the same visa

In Conclusion

As you can see, navigating Australia’s visa system, and in particular the bridging visa conditions and eligibility is complex, but with the right information and guidance you can cross the bridge to secure your Partner Visa and ensure you stay on the right path. At Freedom Migration, we help you see the bigger picture and offer advice and strategies that help you prepare and plan for the future regardless of the challenges you might face – you’ll be armed with everything you need to tackle things head on!

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

Planning a move to Australia or ways to secure your future here can be stressful for couples. Navigating the complexities of onshore vs offshore lodgement of a Partner Visa, all the pros and cons and different requirements for these two pathways is something you’ll need to manage as a part of this journey.

An 8503 visa condition can throw a real spanner in the works and completely de-rail your plans!

If you and your partner are in the early stages of planning your forever together in Australia then this blog is for you! I’m going to share with you everything you need to know about the 8503 condition within the context of your Partner Visa and how it impacts your ability to lodge your visa either onshore or offshore!

So, what exactly is the 8503 visa condition?

If you read the definition of the 8503 visa condition under the Migration Regulations it states:

“The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.”

Even though the wording in the legal definition refers to being ‘granted’ a visa, the practical effect of this condition is actually a block or a ban preventing you from even lodging a valid visa application in the first place! (The only exception to this is protection visas.)

In the migration industry, we commonly refer to the 8503 visa condition as a “No Further Stay” condition as it means exactly that… You can travel to Australia on a visa that has the 8503 condition and then, you will need to make arrangements to depart Australia before that visa expires…”No Further Stay” is allowed!

It is important to factor in the implications of an 8503 visa condition if you and your partner are thinking you’d like to apply for your Partner Visa onshore or in the context of other competing priorities that make planning to move to Australia such a mammoth task!

If you enter Australia as the holder of a visa with this condition, lodgement of an onshore Partner Visa might not be possible. Likewise, where you have already applied for an offshore Partner Visa, and plan to visit Australia whilst you are waiting for a decision, you need to be aware that a visa with an 8503 condition doesn’t provide you with much flexibility if your plans change and you want to extend your stay.

Read on to find out more.

Onshore Vs Offshore Lodgement

Many couples and families will preference lodging a Partner Visa whilst they are onshore to give them more certainty over the timelines and logistics of a big move, There’s so much to consider!

Do you need to be in Australia for a certain date or event? Has one of you received and amazing job offer and they want you to start right away? There’s a lot of things to organise like booking flights, selling the house, finding a rental and enrolling children into school… The list goes on.

When you start trying to plan for all of this, and manage the extended (not to mention inconsistent) visa processing times and it can start to feel a bit overwhelming!

The first step in deciding if you will apply for your Partner Visa from inside Australia is going to be dictated by your ability to be granted a visa for entry to Australia and whether or not this visa includes an 8503 condition.

If you hold a visa with an 8503 condition then lodgement of an onshore Partner Visa isn’t always possible.

How will I know if my visa has this condition?

This is where things start to get interesting. Like I said before, not all visas are created equal! For some visa subclasses the 8503 condition is mandatory and will always be imposed – there is no getting around it!

There are certain visas where it’s simply not an applicable condition and you’ll never even have to worry about this condition.

Unfortunately, for a number of temporary visas the 8503 condition is discretionary, meaning you won’t know if it will be applied to your visa until after you lodge your application and receive the decision. In these scenarios, ultimately, it is up to the case officer who processes your application to decide if they will impose the condition or not.

If you’ve already been granted a visa to travel to Australia, and you are worried it might have the 8503 condition, the easiest way to find out is to check your visa grant notice or run a VEVO check which will list all of the conditions that apply to your visa.

What visas always have an 8503 condition?

As Partner Visa specialists, it’s not uncommon for us to receive phone calls from would-be visa applicants who have started preparing their online applications only to come across a warning or error message that they cannot proceed due to their visa conditions.

All too often, applicants fall into the trap of applying for a visa that unbeknownst to them, has a mandatory 8503 condition so their plans for lodgement of an onshore application are foiled before they even started! Knowing which visas to look out for BEFORE you start the application process is key!

Usually, these couples contact us in a panic because they have never even heard of the 8503 condition. They certainly aren’t aware it would be a mandatory condition on their visa, or of the implications in blocking the lodgement of an onshore Partner Visa. When this happens, we have to be the bearers of bad news.

To avoid surprises here’s what you need to know:

For a subclass 600 Visitor Visa, the condition 8503 is mandatory if you apply under any of the following streams:

• Sponsored Family 
• Frequent Traveller
• Approved Destination

If you are thinking about applying for any of the abovementioned visas just be aware that if it is granted, it’s unlikely the lodgement of an onshore Partner Visa will be possible.

Which visas can I get without an 8503 condition?

The good news is that an 8503 condition will never apply to a subclass 601 (Electronic Travel Authority or ETA) visa or subclass 651 (eVisitor) visa. If you are granted one of these visas you’ll never have to worry about the 8503 visa condition.

You can check if your passport is from an ETA eligible country or eVisitor eligible country online.

Unfortunately, the list of eligible passports is limited, and these visas aren’t available to many. If you have a passport from a country that isn’t on the eligible lists for an ETA or eVisitor visa there’s a few more things to consider. Your options to travel to Australia may be limited to a visa where the decision to apply the 8503 condition is mandatory or discretionary.

Can you give some examples of visas where the condition is discretionary?

A lot of people are surprised to hear that the 8503 condition is discretionary on such a wide variety of visas! This includes:

• Visitor Visa (subclass 600) in the Tourist Stream
• Working Holiday visas (subclass 417 and 462)
• Training visas (subclass 407)
• Temporary Activity Visa (subclass 408)

Pre-COVID-19, seeing an 8503 condition that was imposed on a discretionary bases was relatively common, particularly for the Tourist Stream of the subclass 600 Visitor Visa. We were forever warning clients about the potential pitfalls in their plans if they hadn’t already applied for and been granted a visa without this condition. Ensuring clients understand all the the potential outcomes and conditions that may be applied to a visa is a key part of our job!

Why Would the Case Officer decide to apply the 8503 Condition?

The condition doesn’t replace an appropriate assessment that the applicant genuinely intends to stay temporarily in Australia, or a decision to refuse the visa application. This condition is generally only imposed where a case officer has residual concerns regarding the applicant’s circumstances and intentions. It’s kind of like a safety net to make sure you do the right thing.

The current policy is that an 8503 condition should only be applied where there are compelling circumstances to warrant the grant of the visa. Typically these are situations where hardship or significant detriment would be suffered by an Australian citizen or permanent resident if the visa was not granted. Some examples include: travelling to visit a terminally ill family member or attend a funeral or as a primary attendee for a significant event. It’s also common where a child under the age of 18 is travelling with only one parent or guardian, and there are court orders or restrictions in place that only permit the child to visit Australia for a limited period of time.

It’s been a while since I’ve seen an 8503 condition on a 408 visa, and I don’t think I have ever seen one on a Working Holiday Visa – but as a discretionary condition, we can never say never! As of late, my delight and surprise continues every time I have a consult with a client who has been granted a subclass 600 visa with no 8503 condition!

Although the 8503 visa condition is still a tool at the disposal of case officers to impose as they see fit, our recent experience tell us it’s far more likely that your visa application will be refused than have a discretionary 8503 condition imposed.

Help! My Visa Has the 8503 Condition!

If you already hold a visa that has been granted with this condition – it’s not the end of the road but you will need to plan your strategy accordingly! The good news is the block or ban only applies to lodgement of a Partner Visa application in Australia. You can still lodge your Partner Visa application offshore.

There’s also some unique scenarios where you may be able to extend your stay in Australia by applying for an 8503 waiver, just remember this is not a one size fits all approach!

What is the 8503 Waiver? Are there any other work arounds or exemptions?

Its important to note that the 8503 visa condition will continue to apply to you unless it is waived or until you leave Australia. You can’t get rid of an 8503 simply by overstaying your visa/letting it expire and then applying for something new.

In limited circumstances, you may be eligible for an 8503 waiver. If you want to go down this path we always recommend seeking tailored advice from a Registered Migration Agent to discuss the specifics of your case in details and ensure you get the right advice.

How does an 8503 Waiver Work?

The reasons you are requesting a waiver need to be exceptional and there is a legal framework that must be followed. All requests must be in writing and submitted through the online portal with supporting documentation, so don’t bother calling the Departments’ customer service hotline for help.

The threshold for consideration of a waiver is a high bar!

A key aspect of the 8503 waiver is demonstrating that the grounds for your request developed after you were granted the visa to which the 8503 visa condition applied.

You will need to demonstrate ALL of the following:

• The circumstances must be considered compelling and compassionate AND
• They are circumstances over which you had NO control AND
• They resulted in a major change to your (that is the visa holder’s) circumstances

If you’ve made a request for a waiver that was unsuccessful, and you want to try again you will need to demonstrate that the circumstances under which you are submitting a further waiver request are substantially different from those previously considered. This is another reason why getting advice and getting things right the first time is important. You won’t have an opportunity to ‘try again’ if your waiver request is poorly prepared unless there is a significant change in your circumstances

What is a Compelling and Compassionate Circumstance?

Well, for starters it’s about the same length as a piece of string…

All jokes aside, this one is a loaded question and there isn’t an easy or simple answer. Each application is considered on its individual merits, so there is no limit to what can be considered compelling and compassionate, but you have to remember they also need to be circumstances beyond your control that have developed after the grant of the visa.

The Department has some policy guidelines with examples of things that might be considered, but the onus is on the visa applicant to sufficiently document their application and convince the case officer that the 8503 waiver provisions should be exercised.

A Global Pandemic causing illness and death, resulting in countries around the world locking their borders, cancelling flights and restricting international movements is one such example, but with the worst of COVID behind us you are going to need to rely on something else… Examples might inlcude:

• Unfitness to travel; where you have been seriously injured or contracted a serious medical condition and need time to recover. Complications associated with pregnancy and childbirth may also satisfy this requirement.
• Death or serious illness of a close family member. In this scenario, you may be expected to demonstrate that there is a requirement for you to remain in Australia to provide support or assistance. If the illness or medical condition was pre-existing (i.e. the person was diagnosed before your visa was granted), you would need to prove a significant deterioration, complication or change in prognosis to satisfy the waiver provisions that the circumstances have developed since the grant of the visa.
• War, Civil Unrest of Natural Disasters; the Department might exercise a waiver in these circumstances if they would make it unreasonable for you to travel. The Department will be paying close attention to the extent you would be impacted by these events. For example, if there’s a Hurricane in New Orleans and your grandma’s house has been destroyed, but you live in Portland which is unaffected by the storms, then chances are a waiver won’t be granted.

What doesn’t count as Compelling and Compassionate Circumstances?

Entering into a new relationship, getting married, falling pregnant or simply wishing to apply for a Partner Visa onshore won’t be grounds for a waiver. These actions aren’t considered ‘beyond your control’.

In the same way, mistakenly applying for a visa with a mandatory 8503 condition or not knowing the condition was attached to your visa won’t be a get out of jail free card.

What about a bridging visa?

This is another common scenario we get asked about. Clients come to us saying “I’ve already lodged an offshore Partner Visa, now I am visiting Australia and I want to stay. My visa has the condition 8503. Can’t I just apply for a bridging visa?”

The simple answer to that question is No – you can’t “just apply” for a bridging visa, but in some very limited scenarios there might be an option!

There’s too many unique circumstances to each case that need to be assessed to answer that question in a blog post. Bridging visas are about as complex as it gets and they cover half the alphabet!

There’s a Bridging Visa A, B, C, D, E, F…. are you singing along with me yet?

Don’t get too excited…The alphabet song actually gets cut off after the letter F and we skip right down to the Bridging Visa R! Ok, I lied, bridging visas don’t really cover half the alphabet, but, I promise you they each have their own nuances.

Stay tuned for further blog instalments addressing bridging visas in more detail!

For now, if you want to make a Partner Visa plan that’s tailored to your relationship and you are worried about the 8503 visa condition, I’d love to chat further! Contact our office to book a consultation for a confidential discussion.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

1. Can I get a Partner Visa if I’m HIV Positive?

When it comes to the Partner Visa and the Prospective Marriage Visa, the short answer is YES. Partner and Prospective Marriage Visas are one of the few visa subclasses where applicants can access a ‘health waiver’ which must be exercised in order for the visa to be approved. It is going to be a lot trickier than it would be for those without a health condition, but it is possible. At Freedom Migration, our team specialises in representing couples where the applicant is HIV Positive, and we have the success stories to prove it’s possible!

2. What are the Health Requirements for a Partner Visa?

The health requirement for a partner visa is known as Public Interest Criteria (PIC) 4007. When you apply for a Partner Visa, you will be required to complete a visa medical. This includes an assessment with a doctor who will review your medical history, ask about any medications you take as well as performing a physical examination. You will need to have a chest X-ray and you will need to submit urine and blood samples for testing which includes a HIV test. The Medical Officer of The Commonwealth (MOC) will review your test results and provide advice regarding your health status.

The MOC is checking to ensure the visa applicant:

• Is free from Tuberculosis; and
• Is free from a disease or condition that is, or may result in the applicant being a threat to public health in Australia or a danger to the Australian community; and
• Is free from a disease or condition in relation to which a person who has it would be likely to require health care or community services; or meet the medical criteria for the provision of a community service; and
• the provisions of the health care or community services would be likely to:
  • Result in significant cost to the Australian community in the areas of health care or community services; or
  • Prejudice access of an Australian Citizen or permanent resident to health care or community services; regardless of whether the health care or community services will actually be used in connection with the applicant

3. How does living with HIV impact meeting the health Requirement?

With the progress in medical treatments, your HIV status could potentially be considered undetectable, however, in most cases if you are a visa applicant living with HIV you will not pass the health criteria due to the ‘significant costs’ linked to ongoing treatment. This is attributed predominantly to the costs of ART medication and and some community healthcare services such as access to doctors, blood testing, and specialists.

The good news is PIC 4007 provides for the possibility of a waiver (that is the health criteria above would not apply) if you don’t meet the above criteria.

4. What is Considered a Significant Cost?

The MOC will consider the results of your medicals and any supporting evidence or reports from specialists detailing your treatment and prognosis and provide an opinion on the estimated costs over the assessable period.

The significant cost threshold is currently set at $86,000. If you have a permanent or ongoing condition with a reasonably predictable course (such as living with HIV with undetected viral loads), the MOC will assess your health costs over your remaining life expectancy up to a maximum of 10 years.

5. Will the fact that I import my medication from overseas, reduce the chances of me failing the health criteria?

No. The Medical Officer of the Commonwealth will base their opinion on the treatment a hypothetical person in your situation (i.e. taking the medication you are taking or may need to take) will need during one’s lifetime. They don’t take into consideration any of your personal circumstances when making the assessment.

6. I won’t need Medicare for my medication. Am I still affected?

Yes. The health criteria applies regardless of whether you intend to use Medicare or not. Australia currently operates a Federation Funding Agreement (FFA) model to provide free or affordable access to ART for people in Australia, regardless of their visa status or eligibility to enrol in Medicare. The intention of the health requirements and PIC 4007 includes controlling public expenditure on healthcare and community services balanced against the desire to facilitate entry of migrants to Australia.

7. What is the Hypothetical Person Test?

A lot of families feel confused by the health criteria and it’s relevance to them especially where you intend to buy your own medication from abroad, or if you intend to rely on family for the necessary support for your condition.

When making an assessment against the health requirement the MOC uses a Hypothetical Person Test. It’s a way to estimate potential healthcare costs to Australia, based on your medical condition, as if a typical person with the same condition would be using the health services in Australia.

What MOCs Consider:

• They only look at the nature and severity of your health condition, your age, the type of visa, and the visa period.

What MOCs Do Not Consider:

• Your personal plans, like not using public health services or paying with your own money.
• Whether you’ll actually use the services you’ve been costed for, like bringing your medication.
• Promises that others will cover your costs, such as family or a foreign government

Once a Partner Visa is applied for (and also when a Partner Visa is granted), the Department of Home Affairs has no control over who will make use of Medicare and who won’t. The hypothetical person test assumes that you will use the healthcare services like anyone else might, because there’s no legal way to ensure you stick to any plans to not use them. Life changes, and so might your decisions about using healthcare services.

Even though the initial MOC assessment applies the hypothetical person test, read on to find out more about how your individual circumstances will impact your prospects of success in being granted a waiver.

8. What is a Health Waiver?

A health waiver in short is an opportunity for your visa to still be granted despite not meeting the health requirements. It’s a chance at setting out your personal situation to the decision-maker with a view of trying to persuade them to grant your visa by waiving the criteria that would normally apply to health. Now, how you persuade them comes down to the relevant legal considerations, it’s not simply a matter of begging and pleading.

This process will require you to show that, although your continued treatment incurs significant expenses, these costs constitute an ‘undue’ burden. In simpler terms, this means that despite the high costs, there is a moral imperative to overlook the health criteria and approve the partner visa. Situations that could warrant such a waiver include compelling and compassionate circumstances, or if the visa applicant can prove an ability to alleviate the cost and minimize the impact on healthcare access for Australian citizens or permanent residents.

9. What Does the Decision Maker Consider Important with a Health Waiver?

There are numerous factors the decision maker will take into consideration falling under two categories:

• Ability to offset or mitigate costs associated with your health condition
• Compassionate and compelling circumstances

When we prepare a health waiver submission at Freedom Migration, we start with a full assessment of your personal circumstances as a couple and identify your strongest arguments having regard for the legislation. While no two cases are ever the same, and there is no one piece of evidence to ‘guarantee the win’ there are a number of factors that we have found make a significant difference when it comes to the success or failure of a health waiver for our HIV Positive Partner Visa applicants.

Factors that may carry weight and help your case:

• Positive contribution to Australia through paying taxes, having worked for a number of years;
• Owning assets with equity value;
• Having savings;
• Being skilled in an occupation that is experiencing a skill shortage in Australia;
• Living and working in a regional area;
• Inability to live in your home country together for legal or safety reasons;
• Impact on your sponsor and/or any Australian citizen children in the event you were unable to remain in Australia

As stated, there is usually no one factor that will see a health waiver secured. Everyone’s situation is different and it is best to have a full assessment of your personal circumstances, leaving ‘no stone unturned’ before making a decision about your risk of not securing your Partner Visa.

10. Is a Health Waiver complicated?

The legal considerations for health waivers are broad and subjective. There is simply no one size fits all approach and each application is assessed on its individual merits. The gravity of not getting it right and having your Partner Visa refused is devastating. A health waiver is a complex issue, so we strongly recommend seeking professional advice from a Registered Migration Agent experienced in health waiver matters.

11. Do health waivers get approved?

Absolutely! However, it does take a lot of work. A case officer won’t just give you a visa because you and your partner seem nice together. They also won’t give you a health waiver just because you’d miss each other if you couldn’t stay in Australia. Getting a health waiver requires you to provide a lot of information and clear reasons. Our team has found working with couples who put a strategic plan in place early and start preparing improves their chances of being successful!

12. I was diagnosed with HIV in Australia. Does that impact my health waiver?

When and where you were diagnosed is not an key consideration in the assessment of a health waiver. The question the Department is asking is: Would the grant of the visa be unlikely to result in an ‘undue’ cost to the Australian community?

13. What are the Steps in a Partner Visa if I need a Health Waiver?

14. Do I need a Registered Migration Agent?

It’s highly advisable to have representation, as navigating this process is complex and far from straightforward.

15. What if my health waiver gets rejected?

If the visa you have applied for allows for a Health Waiver (i.e. a Partner Visa), and the Department is of the opinion the evidence you put forward did not warrant waiving the health criteria, your visa application will be refused.

In case of a refusal, you might have the option to request a review of the decision by the Administrative Appeals Tribunal (soon to become the Administrative Review Tribunal). Remember, there’s a strict deadline to apply for this review, so it’s crucial to seek advice from a Registered Migration Agent quickly.

While there may be a right of appeal, it’s important to understand the impact of a refusal on your relationship. If you have applied for an offshore Partner Visa or Prospective Marriage Visa, your new life in Australia together may be delayed by a number of years as the Tribunal processing times can exceed a number of years. Where you are inside Australia and have had an onshore Partner Visa refused, this may put your life on hold for a while. You may see yourself on a bridging visa for an extended period which can affect job prospects, your ability to buy a home together, and your overall sense of security and wellbeing.

16. Will I be able to become a citizen of Australia if HIV Positive?

The good new is once your permanent partner visa has been granted there is no health criteria for citizenship applications; a person’s HIV status will not have any impact on applying for Australian citizenship.

17. Where do I get help?

For more than a decade, Freedom Migration has specialised in supporting HIV Positive Partner Visa applicants. We’re deeply familiar with the unique challenges and concerns that arise when navigating the visa process with HIV. Often, the couples we assist have only shared their health status with each other and their healthcare provider, making the prospect of disclosing this to others daunting. At Freedom Migration, we offer a safe, secure, and non-judgmental space for you to discuss your situation.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.