Can I Apply for a Partner Visa While on a Bridging Visa E (BVE) (SC050)?

Found love and you want to build a life with your partner in Australia, however you are holding a bridging visa E (BVE) (Subclass 050) and you may be wondering if you are eligible for Onshore Partner Visa (Subclass 820/801)? Now is time to understand this complex circumstance and how you may overcome it.

Understanding Bridging Visa E and Partner Visa

Bridging Visa E (BVE) (Subclass 050) is a temporary visa and not a substantive visa which allows the applicant to remain in Australia while resolving immigration matters.
Onshore Partner Visa (Subclass 820/801) is a visa pathway to permanent residency (PR) based on genuine and ongoing relationship with an eligible partner, who is an Australian citizen, permanent resident (PR), or an eligible New Zealand citizen.

What is the Complex Issue? Schedule 3

When applying for a Partner Visa without holding a substantive visa, the applicant will need to address Schedule 3 of the Migration Regulations. Schedule 3 sets out additional criteria that the applicant must meet to be granted a Partner Visa while the applicant is not holding a substantive visa. Since a BVE is a non-substantive visa, BVE holders do not meet Schedule 3, hence it requires to seek a waiver by demonstrating compelling reasons.

What Can I do if I don’t Meet Schedule 3?

You have to seek waiver to overcome the Schedule 3 requirement for your Partner Visa application. It is best to consult with an Accredited Specialist in Immigration Law before taking any action. The immigration lawyer can identify if your compelling reason is strong enough and they can assist in putting together a legal submission to address the Schedule 3 criteria. Be honest with your information and circumstance to ensure it doesn’t affect your future application under Public Interest Criterion (PIC) 4020.

Partner Visa is Refused due to Schedule 3

If the Partner Visa application is refused due to Schedule 3, you may have rights to seek for merit review to the Administrative Review Tribunal (ART).

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. Consider speaking with one of our immigration lawyers at Agape Henry Crux. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

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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.

Client Testimonials

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Partner Visa Grants that Overcame Schedule 3