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Onshore Partner Visa Application with Bridging Visa

Updated

Can I Apply for Onshore Partner Visa While On Bridging Visa?

You may face difficulties in lodging an onshore Partner Visa application while on Bridging Visa, like required to waive the Section 48 Bar. But, it is still possible to do so and move forward with your journey to a happy life in Australia with your loved one, where you will share experiences, love, and happiness.

We have summed up the key aspects that you will face when lodging an onshore Partner Visa application while on Bridging Visa along with tips for a successful application.

The Process of Submitting Onshore Partner Visa Application While On Bridging Visa

The process is similar to the usual onshore Partner Visa application, which includes the process of eligibility checking, collecting documents, submitting the application to ImmiAccount, and more.

Stage 1: Checking Your Eligibility for Onshore Partner Visa Application

The very first stage is checking your eligibility for onshore Partner Visa application. You must ensure that prior of submitting the application, you have:

  • Been married to your Australian partner or been living together with your Australian partner for at least 12 months;
  • Been in legal age for marriage or de facto relationship (usually 18 years above);
  • Been in a genuine and continuing relationship;
  • Been granted a Bridging Visa and it’s still valid;
  • Been in a compassionate or compelling condition that forces you to lodge onshore Partner Visa application.

Once you’ve met all requirements above, you can move to the next stage. But, if you’re unsure, feel free to contact our team for in depth assessment.

Be mindful that meeting the requirements is very crucial. Failure in doing so will only lead you to a refusal, which would only worsen your immigration status in Australia.

Stage 2: Collecting All Required Documents

Now, if you’re good in documenting your committed relationship, you won’t find any difficulties in collecting all required documents for your onshore Partner Visa application.

In general, you must provide evidence of your identity, your relationship with your Australian partner, and most importantly evidence of your compassionate and compelling situation that forces you to lodge an onshore Partner Visa application.

You can find the complete Document Checklist for Partner Visa application here. 

Stage 3: Submitting Onshore Partner Visa Application

Once you’ve collected all required documents, you can submit your onshore Partner Visa application through the ImmiAccount.

You will be required to explain your current situation, including information why you did not hold a substantive visa at the time of onshore Partner Visa application lodgment.

Ensure to provide only truthful information. You will be in a more complex situation if the Department of Home Affairs found you provided bogus or misleading information.

Stage 4: Waiting for the Decision and Bridging Visa Grant

After successfully submitting your onshore Partner Visa application, generally you will be granted a Bridging Visa C. It usually happens if you lodged your onshore Partner Visa application while on a Bridging Visa A.

The Bridging Visa C will come with no permission to work or study in Australia. So, if you need to work in Australia, you must submit a permission to obtain a work permit in your Bridging Visa C.

But, if you were in a Bridging Visa E when you lodged the onshore Partner Visa application, you will be granted another Bridging Visa E which usually also comes with no permission to work or study in Australia.

And while waiting for the decision, you will face another situation, where your Partner Visa application may be subject to Section 48 Bar. It usually applies if you were refused or canceled a visa onshore, which then forced you to lodge an onshore Partner Visa application while on a Bridging Visa. We will explain the Section 48 Bar later in this article.

Stage 5: Decision for Your Onshore Partner Visa Application

There’s one important thing you need to know and understand here. The process of your onshore Partner Visa application might take longer than general cases when you’re on a Bridging Visa.

The reason is that the Department of Home Affairs must assess all information and situations surrounding yourself and your relationship. The Department of Home Affairs must also assess whether you’ve passed the Section 48 Bar or not.

The Department of Home Affairs will inform you by writing whether they grant or refuse your onshore Partner Visa application.

Read more: How to Prepare Married or Spouse Visa Australia

Onshore Partner Visa Application while on Bridging Visa

What is a Section 48 Bar?

The Section 48 Bar will apply to you only if you have been refused or cancelled a visa onshore, which then leaves you with a Bridging Visa and had to submit an onshore Partner Visa application. Below is the sample where Section 48 Bar will and will not apply to you.

  • Scenario 1: You arrived in Australia on a Work and Holiday Visa (subclass 462), then while you’re onshore, you planned to submit the second year of your Work and Holiday Visa (subclass 462). The application was successful and you’re granted a Bridging Visa A which later became active 1 week after the application submission. However, due to not meeting the work experience requirement, your second year Work and Holiday (subclass 462) Visa was refused. After the refusal, you decided to lodge an onshore Partner Visa application with your Australian partner. And in this case, you will be subject to Section 48 Bar.
  • Scenario 2: You arrived in Australia on a Work and Holiday Visa (subclass 462), then while you’re onshore, you planned to submit the second year of your Work and Holiday Visa (subclass 462). The application was successful and you’re granted a Bridging Visa A which later became active 1 week after the application submission. However, when your second year Work and Holiday (subclass 462) Visa was still in assessment, you and your partner found onshore Partner Visa is more suitable for your situation, so you decided to withdrew your second year Work and Holiday Visa (subclass 462) and lodged an onshore Partner Visa application. In this case, you will not be subject to Section 48 Bar.

Although there are some exceptions for the Section 48 Bar, you must show that your situation is both compelling and compassionate in order to get past it.

Nevertheless, compelling and compassionate circumstances are largely subjective and can be very challenging to prove. As a result, the case officer handling your case may determine that the reasons you have given are insufficiently compassionate and compelling to clear the Section 48 bar. This can happen even when the justifications are fairly strong and heartfelt.

Read more: Does the Section 48 bar Apply to my Situation?

Tips for a Successful Onshore Partner Visa Application while on Bridging Visa

1. Have a Registered Migration Agent Behind Your Case

Considering the complexity of submitting an onshore Partner Visa application while on Bridging Visa, having a Registered Migration Agent behind your case may put you in peace. A Registered Migration Agent has concrete valuable knowledge in the migration system, so they fully understand what to do with your complex case.

Otherwise, you may consider to have at least a consultation session with a Registered Migration Agent to get lawful and expert guidance in understanding the processes, especially in waiving the Section 48 Bar.

2. Gather Required Documents and Evidence

By gathering all required documents and evidence you may avoid delays in your application. It’s also to ensure a smooth process and that your application meets the standards.

Be noted that you must collect as much evidence as possible to show your compassionate and compelling situations in waiving the Section 48 Bar.

3. Pay Attention to Deadlines

During the process of your onshore Partner Visa application, the Department of Home Affairs may ask you to provide further information or documents, and it usually comes with a deadline. Ensure to meet all deadlines, otherwise your application might be delayed.

4. Look After Changes in Requirements

It’s to ensure that your application has met the most recent requirements. To stay informed, you can simply ask your Registered Migration Agent for assistance. They are always ahead with the changes in visa requirements or immigration laws in general.

5. Clear and Consistent Communication

It is essential to communicate with the Department of Home Affairs in a clear and consistent manner during the application process. Keeping records of all correspondence is also suggested to guarantee accountability and to have a point of reference for any questions or concerns that might come up.

ONEderland Consulting has great experience in handling complex cases, like submitting an onshore Partner Visa application while the applicant on a Bridging Visa. We have a 98% success rate in handling our clients’ complex situations. Book appointment with our Registered Migration Agent now to secure your future with your loved one in Australia:

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We are here to help!

We understand the amount of information in this article might be too much for you.

Partner visa is not just filling out the application forms. It requires more than just being in a loving and long standing relationship with each other to lodge a valid Partner visa application. Especially when you were on a Bridging Visa.

Every relationship is different and unique, but to obtain a visa, your relationship must be presented in the way that can satisfy Australian Immigration requirements.

We are complex visa specialists. As a registered Australian migration agent with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.

Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us by email at [email protected] or by phone at 1300 827 159.

Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.

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