Australia’s Partner visa program allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to obtain visas in Australia. While most applicants focus on the final outcome of obtaining permanent residence, it is equally important to understand a Partner visa applicant’s rights during processing.
In many cases, lodging a valid Partner visa application can lead to important benefits, including work rights and study rights. However, when these rights commence depend on the visa you hold when your Partner visa application is submitted, and the bridging visa you are issued.
This article outlines Partner visa work rights, study rights and travel rights during processing.
Partner visa during processing: what happens after lodgement?
If you validly apply for a Partner visa (Subclass 820/801) while in Australia as the holder of a substantive visa, you will be granted a Bridging Visa A (BVA). This bridging visa becomes active the day after your current substantive visa ceases in Australia and allows you to remain onshore during processing.
Alternatively, if you are on a non-substantive visa when your valid Partner visa application is submitted (a bridging visa), you can expect to be issued with either a Bridging Visa C or E (it will depend on the scenario).
The conditions attached to your bridging visa determine your rights while your onshore Partner visa application is being processed. These conditions can vary depending on:
- The visa you held at the time of application;
- Your individual circumstances and immigration history;
- Whether you were granted a Bridging Visa A, B,C, or E.
If you apply for the offshore Partner visa (Subclass 309/100), you will not hold a bridging visa, and your rights will depend on your current visa status if you enter Australia during processing.
Understanding your rights at this stage is critical to ensuring you remain compliant.
Partner visa work rights during processing
One of the most common concerns for Partner visa applicants is whether they will be permitted to work during processing.
Onshore Partner visa applicants (Subclass 820/801)
If you are instead issued with a BVC or E due to your immigration history, it may not automatically have work rights, but you may be able to apply for a variation of conditions based on financial hardship.
Offshore Partner visa applicants (Subclass 309/100)
If you applied offshore and are outside Australia, you do not have work rights in Australia until you are granted the provisional Partner visa (Subclass 309). If you enter Australia during processing on another visa, your work rights will depend entirely on the conditions of that visa.
Partner visa study rights during processing
Partner visa study rights are another important consideration during processing.
Onshore applicants
Offshore applicants
If you are offshore awaiting a decision on the provisional Partner visa (Subclass 309), you cannot study in Australia unless you hold another visa that permits study.
If you enter Australia on a visa that allows study (such as certain visitor visas with study permitted for up to three months, or a student visa), you must comply strictly with those conditions.
Partner visa study rights during processing
If you have plans to travel, it is important to be aware of your ability to travel during the processing of your Partner visa application.
Bridging Visa A and travel
As mentioned, most onshore Partner visa applicants will receive the BVA to remain in Australia during processing. When active, a BVA does not allow you to re-enter Australia if you leave the country. If you depart Australia while holding only an active BVA, it will cease, and you would need to apply for and be granted a new substantive visa to return on.
If you need to travel while your onshore Partner visa is being processed, you must apply for and be granted a Bridging Visa B (BVB) before leaving Australia. BVBs remain active while the holder is overseas and allows for re-entry to Australia up until a date specified by the Department of Home Affairs.
Offshore applicants
Once the provisional Partner visa (Subclass 309) is granted, it includes travel rights, allowing multiple entries to and from Australia.
Can Partner visa applicants access Medicare?
In many cases, onshore Partner visa applicants may be eligible to enrol in Medicare once a valid application has been lodged.
Common risks during processing
While onshore Partner visa applicants generally enjoy broad rights during processing, there are common mistakes:
- Overlooking visa expiry dates before lodging the Partner visa application;
- Breaching visa conditions;
- Travelling overseas while on a BVA (without the BVB);
- Assuming work rights automatically apply;
- Not updating the Department of Home Affairs regarding changes in circumstances.
To avoid making any mistakes, it is important to be proactive in the management of your visa status and be aware of your current visa conditions.
How can Hannan Tew Lawyers help?
Understanding your Partner visa applicant rights during processing is not always straightforward. Each application is different, and rights during processing depend heavily on your previous visa history and the bridging visa conditions imposed.
At Hannan Tew, we are a full-service Australian immigration law firm with an Accredited Specialist and extensive experience advising both individuals and organisations across all areas of Australian immigration law.
We provide comprehensive advice tailored to your circumstances, ensuring you understand:
- Your work rights;
- Your study rights;
- Your ability to travel;
- Any conditions attached to your bridging visa; and
- Your compliance obligations during processing.
If you are unsure about your rights during processing, we recommend seeking professional guidance before taking action.
You can learn more about our services on our homepage. If you would like tailored advice, please contact us or book an initial consultation. You can also subscribe to our Australian immigration newsletter here to stay up to date with the latest in immigration news.
