Applying for Partner Visa While Holding a Bridging Visa – What You Must Know
Planning to switch your current pending visa while holding a Bridging Visa to a Partner Visa (Subclass 820/801) instead? But, if you are holding a Bridging Visa, which is not a substantive visa, there are additional considerations, such as Schedule 3 of the Migration Act, which you may need to address to apply for a Subclass 820/801 visa application.
What are Bridging Visas?
A bridging visa is a temporary visa that allows you to remain in Australia lawfully while your visa application is assessed. It typically comes into play when your previous substantive visa has expired and you are currently waiting for a decision on another visa.
What is Schedule 3?
Schedule 3 imposes additional criteria for applicants who apply for a Partner Visa while not holding a substantive visa. To lodge a valid Partner Visa application, you must either meet the Schedule 3 criteria or apply for and obtain a waiver to meet the Schedule 3 criteria.
What Should I be Aware of When Applying for a Partner Visa?
You must be in a genuine, ongoing relationship with your partner. Supporting evidence must meet the four pillars requirement.
If you cannot meet Schedule 3 as you were not holding a substantive visa, speak with an Accredited Specialist in Immigration Law to assist in identifying any possible compelling reasons to then apply for a Schedule 3 waiver.
Additionally, the visa applicant must meet character and health requirements.
Are There Any Further Potential Challenges?
Some bridging visas have restrictions, such as the No Further Stay condition (8503), which may complicate the visa application process. We highly recommend consulting with one of our Accredited Specialists in Immigration Law, Angela De Silva, for tailored advice and assistance in waiving this condition, ensuring you meet the Partner visa eligibility requirements.
If the applicant fails to address all visa requirements, it could lead to a Partner Visa refusal, which would affect the applicant’s ability to stay in Australia.
Related:
Mistakes to Avoid When Transition from Visitor (SC600) visa to Onshore Partner Visa (SC820/801)
Can Emotional Hardship Be Used as a Waiver for Schedule 3 Requirement?
What to Do If Your Visa Application Is Refused or Cancelled?
How Can Agape Henry Crux Assist
Schedule 3 criteria can be a challenging hurdle for visa applicants who are not holding a substantive visa in Australia. Applicants are encouraged to consider engaging with one of our Accredited Specialists in Immigration Law at Agape Henry Crux. The team specialises in handling highly complex matters. Schedule a consultation with one of our immigration lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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