Can You Apply for a Partner Visa While on a Tourist Visa?
Applying for a partner visa while on a tourist visa is possible, but it comes with conditions. Many couples find themselves in this situation—one partner visits Australia on a tourist visa, and during their stay, they decide to apply for a partner visa rather than go back home.
While this can be a convenient option, there are some important things to consider before making the decision.
Can You Lodge a Partner Visa Application While on a Tourist Visa?
Yes, you can apply for an onshore partner visa (subclass 820/801) while holding a valid tourist visa. However, there are certain requirements you must meet. The most important one is that you must be in Australia when you apply.
Another key factor is whether your tourist visa has a "No Further Stay" condition. If this condition applies, you won’t be able to apply for a partner visa while in Australia unless you get the condition waived—which is quite difficult.
Things to Consider Before Applying
1. Bridging Visa Status
Once you submit your partner visa application, you may be eligible for a Bridging Visa A (BVA), allowing you to stay in Australia while awaiting a decision. This visa usually comes with full work rights, but it depends on your situation.
If your tourist visa expires before you receive the bridging visa, you could be at risk of becoming unlawful. To avoid complications, ensure your application is submitted correctly and on time.
2. Processing Time
Partner visas take time—sometimes years—to process. If you apply while on a tourist visa, you need to consider your plans carefully. Are you prepared to stay in Australia for an extended period while waiting for a decision? If you need to leave, a Bridging Visa A won’t allow you to return unless you apply for a Bridging Visa B (BVB).
3. Meeting the Requirements
Applying for a partner visa requires strong evidence of your relationship. This includes joint financial commitments, shared living arrangements, and proof of your genuine and ongoing relationship. If you’ve only been together for a short time, gathering enough proof may be challenging.
Can You Be Denied a Partner Visa If You Apply on a Tourist Visa?
Yes, rejection is possible if you don’t meet the requirements. Some common reasons for refusal include:
Insufficient relationship evidence
Holding a tourist visa with a No Further Stay condition
Not meeting health or character requirements
Providing incorrect or misleading information
Getting help from a Partner Visa Lawyer in Australia can improve your chances of success, especially if your case is complex.
Can You Leave Australia After Applying?
If you applied for a partner visa while on a tourist visa, you can only leave Australia if you have a Bridging Visa B (BVB). This allows temporary travel, but there’s no guarantee it will be granted. If you leave without the right visa, your partner visa application may be cancelled.
Is It Better to Apply Onshore or Offshore?
There are pros and cons to both options.
Applying onshore means you can stay in Australia with your partner while waiting for approval. You also get the chance to work (if eligible for a Bridging Visa A). However, processing times can be long, and you may face restrictions on travel.
Applying offshore (subclass 309/100) allows you to remain in your home country while waiting for approval. This can be a better option if you have work or family commitments overseas. However, you won’t be able to live in Australia until your visa is granted.
Final Thoughts
Applying for a partner visa while on a tourist visa is possible, but it’s not always straightforward. You need to check your visa conditions, gather strong evidence, and prepare for potential challenges along the way.
If you’re unsure about the best approach, speaking to a migration professional can help. The process is complex, and the last thing you want is to make a costly mistake that delays your future together in Australia.