How to Convert a Visitor Visa to a Partner Visa in Australia for Married Couples: Complete Step-by-Step Guide
This article explains how a Visitor Visa holder in Australia can apply for an onshore Partner Visa (subclass 820/801). This guide is specifically designed for foreigners who are married to an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
Step 1: Understand Whether You Are Eligible
Before applying, both the applicant and sponsor must meet the basic Partner Visa eligibility criteria.
Applicant Eligibility Criteria:
- Must hold a valid Visitor Visa (subclass 600) or ETA (subclass 601), or eVisitor Visa (subclass 651).
- Must be inside Australia at the time of application and visa decision.
- Must not have a No Further Stay (8503/8534/8535) condition unless successfully waived.
- Must be legally married to an eligible sponsor.
Sponsor Eligibility Criteria:
The partner or the sponsor must be:
- An Australian citizen,
- An Australian permanent resident, or
- An eligible New Zealand citizen.
Source: Department of Home Affairs – Partner Visas (apply in Australia) – (subclass 820 and 801)
Step 2: Confirm Whether You Need a “No Further Stay” Waiver
Many Visitor Visa holders have Condition 8503 – No Further Stay, which prevents lodging a Partner Visa onshore.
You will need a waiver if:
- Your Visitor Visa states 8503, 8534, or 8535 condition.
You will not need a waiver if:
- These conditions are not listed
- Your visa is an eVisitor (subclass 651) or ETA (subclass 601), which usually does not include condition 8503.
If a waiver is required:
- You must lodge an NFS Waiver Request before your visa expires.
- You need to show compelling and compassionate reasons that were unavailable when the visa was granted, for example, medical emergencies.
If you need help in waiving the No Further Stay condition, our Registered Migration Agent can review your circumstances to ensure you’re eligible for the No Further Stay condition waiver. Click here to connect with them.
Source: Department of Home Affairs (Visa Conditions – Waivers and Permissions)
Step 3: Gather Evidence of Your Genuine Married Relationship
The Partner Visa for Australia requires strong documentation showing your genuine, exclusive, and continuing relationship.
Evidence you should provide:
Financial evidence
- Joint bank accounts
- Shared expenses
- Financial support records
Household evidence
- Shared tenancy
- Joint utilities
- Household responsibilities
Social evidence
- Photos
- Wedding documents
- Travel history
- Statements from friends and family
Commitment evidence
- Marriage certificate
- Relationship timeline
- Future plans
- Form 888 from Australian witnesses
ONEderland Consulting has listed a complete checklist for the Partner Visa application based on our experience in handling Partner Visa applications since 2010. You can find the checklist here.
Step 4: Prepare the Partner Visa Application
The Partner Visa consists of two stages:
- Subclass 820 (temporary stage): the first stage that you should submit.
- Subclass 801 (permanent stage): the second stage that should be submitted 2 years after the temporary stage submission.
What you need to prepare:
- Applicant identity documents
- Sponsor identity documents
- Relationship evidence
- Police checks (Australia + overseas)
- Health examination
Step 5: Lodge the Onshore Partner Visa (subclass 820/801)
You must submit the application using ImmiAccount, the Department of Home Affairs’ official site for Australian visa applications.
At the time of visa lodgement:
- You must be onshore (in Australia).
- You must hold a valid and active Visitor Visa.
- You must attach your marriage certificate.
What happens right after lodging?
You will receive:
- Acknowledgement letters that your application has been received.
- A Bridging Visa Grant letter.
The Department of Home Affairs will send both letters to your email.
The Bridging Visa will allow you to live lawfully in Australia until the Department of Home Affairs decides to grant or refuse your Partner Visa application.
Some other features of BVA are:
- Becomes active only when your Visitor Visa expires.
- Usually includes full work rights.
- Allows you to stay in Australia lawfully during processing.
If you need to travel, you must apply for a Bridging Visa B (BVB). You must submit the BVB application through the Department of Home Affairs’ official web form, together with supporting documents, such as flight tickets, travel itinerary, accommodation booking, etc. Click here to access the web form.
Step 6: Wait for Processing While Providing Additional Evidence
The processing time for Partner Visa (subclass 820) is between 16 to 24 months, meanwhile the Partner Visa (subclass 801) is between 8 to 26 months (Department of Home Affairs – Visa Processing Times).
During the waiting period, you may be asked for:
- Updated relationship evidence
- Police checks
- Further statutory declarations.
If the Department of Home Affairs finds any issues related to your or your partner’s health or character background, they will send a s57 notification. Inside the s57, the Department of Home Affairs will explain the findings and invite you to comment on them. (Migration Act 1958 – Sect 57)
If you need assistance or advice on how to respond to the s57 request, our Registered Migration Agent can review and assess your case. Connect with them here.
Step 7: Decision from the Department of Home Affairs
The final decision for your Partner Visa application is made by the Department of Home Affairs. The Department of Home Affairs may grant or refuse your application. The decision will be sent in writing to your email.
If the Department of Home Affairs grant your Partner Visa application:
- You can live with your partner in Australia.
- You can work full-time.
- You can travel from and to Australia as many times as you want.
- You can attend free English classes provided by AMEP (Adult Migrant English Program).
- You can apply for Medicare, Australia’s public health care scheme.
If the Department of Home Affairs refuses your Partner Visa application:
- You must go back to your home country, or
- You can submit a merits review to the Administrative Review Tribunal (ART) if you believe the decision was incorrect.
Partner Visa refusal rate in the 2023-24 program year is 7.9% (Department of Home Affairs – 2023-24 Migration Program Report).
Partner Visa refusal can be avoided if you submit your application with complete and strong documents. We have collected some common reasons behind a Partner Visa refusal and how to avoid these pitfalls here. This guide can help you prepare a stronger application.
Summary of the Conversion Process
- Check the eligibility: Check the criteria for applicant and sponsor, as well as the visa conditions.
- Identify and waive “No Further Stay” condition: if you’re not confident, get professional help from a Registered Migration Agent.
- Collect relationship evidence: financial, social, household, and commitment.
- Prepare documentation: forms, IDs, marriage certificate, and others.
- Lodge the Partner Visa (subclass 820/801): use ImmiAccount.
- Receive Bridging Visa A: it only becomes active when your Visitor Visa expires.
- Wait for the decision: keep uploading updated evidence until the decision is made.
Why Many Couples Choose ONEderland Consulting
For complex situations, including 8503 waivers, expired visas, or limited relationship evidence, professional guidance from a Registered Migration Agent can significantly increase approval chances.
Our Migration Agents can help with:
- Building a strong relationship evidence
- Advising on waiver strategies
- Ensuring all forms are legally accurate
- Managing communication with Home Affairs
- Avoiding common refusal reasons.
How to Contact ONEderland Consulting
Contact us via email at visa@onederland.com.au, phone at 1300 827 159, or WhatsApp at +61494367258. Alternatively, you can book your consultation online, backed by our 100% Money-Back Guarantee Program.
Frequently Asked Questions
- Can you switch from Visitor Visa to Spouse Visa?
- Yes, you can switch from Visitor Visa to Spouse Visa or Partner Visa in Australia. You must ensure you have met all requirements for Partner Visa onshore application, including that your Visitor Visa doesn’t have 8503 – No Further Stay condition, you’re married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, and more.
- How long do you have to be together to apply for a partner visa in Australia?
- If you are in a de facto relationship, you must have lived together for at least 12 months. If you’re married, there are no specific requirements for this as long as your marriage is valid and recognised in Australia.
- Can I marry an Australian citizen while on my tourist visa?
- Yes, you can. If you plan to marry your Australian citizen partner, you must hold a valid Australian Visa, for example Visitor Visa (subclass 600) or Prospective Marriage Visa (subclass 300).
- What are the new rules for Partner Visa in Australia?
- The latest rules and updates for Partner Visa application in Australia include that temporary Partner Visa (subclass 820 and 309) now can be granted while the applicant is in Australia. There’s also an expanded eligibility for applicants to get permanent Partner Visa when their relationship breaks down, they face family violence, or their partner passed away during the application process. Learn more about this update here.
- How do you transition from temporary Partner Visa to permanent Partner Visa?
- You are eligible for the permanent Partner Visa two years after the lodgement of your temporary Partner Visa. Usually, the Department of Home Affairs will send you a notification that you’re eligible to submit the permanent Partner Visa application by email.
- You must submit updated evidence of your relationship, showing that your relationship is ongoing and continuing during the 2-year period and will last forever.
- How much money do I need to prepare to convert Visitor Visa to Partner Visa?
- You must prepare a visa application charge for the Partner Visa of AUD 9,365. However, if you plan to include your child(ren), you must prepare an additional visa application charge of AUD 4,685 (for children 18 and above) and AUD 2,345 (for children under 18).
Sources:
- Department of Home Affairs – Partner Visas (apply in Australia) – (subclass 820 and 801)
- Department of Home Affairs (Visa Conditions – Waivers and Permissions)
- Department of Home Affairs – Visa Processing Times
- Migration Act 1958 – Sect 57
- Department of Home Affairs – 2023-24 Migration Program Report
