If your partner is visiting Australia on a Subclass 600 Tourist visa and you're wondering whether they can apply for a Partner visa without leaving the country, the short answer is: yes, but it depends on several critical factors. Getting this wrong can result in your partner becoming unlawful, facing a 3-year ban, or having their application refused. This guide explains the onshore application rules, the notorious Schedule 3 criteria, and timing strategies to help you avoid costly mistakes.
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Understanding the Two-Stage Partner Visa Process
Before diving into the transition strategy, it's essential to understand how the onshore Partner visa works. Unlike many visa classes, the onshore partner visa involves a combined application for both stages:
| Stage | Visa Subclass | Status | When Assessed |
|---|---|---|---|
| Stage 1 | Subclass 820 (Temporary) | Provisional resident | At initial decision |
| Stage 2 | Subclass 801 (Permanent) | Permanent resident | 2 years after lodgement |
You pay a single application fee covering both stages. After the 820 is granted, the Department reassesses your relationship eligibility two years after your lodgement date (not the grant date) to determine if you qualify for the permanent 801.
Long-Term Relationship Exemption: If you can prove your relationship has existed for 3 years (or 2 years with a dependent child), you may be eligible for an immediate grant of the permanent Subclass 801-bypassing the 2-year waiting period entirely.
The Critical Factor: No Further Stay Condition
Before making any plans, the first thing to check is whether your partner's Subclass 600 Tourist visa has a "No Further Stay" (NFS) condition attached to it.
| Condition Code | What It Means | Can Apply for Partner Visa? |
|---|---|---|
| No condition | Free to apply for other visas | ✅ Yes |
| 8503 | No Further Stay | ❌ No (unless waived) |
| 8534 | No Further Stay | ❌ No (unless waived) |
| 8535 | No Further Stay | ❌ No (unless waived) |
If your partner's tourist visa has condition 8503, 8534, or 8535, they cannot apply for a Partner visa onshore unless this condition is waived first. Applying without a waiver will result in an invalid application and loss of the visa application fee ($9,365+).
How to Check for NFS Condition
Your partner can check their visa conditions via:
- The VEVO (Visa Entitlement Verification Online) system
- Their visa grant letter
- Their ImmiAccount
When is NFS Condition Imposed?
| Visa Stream | NFS Condition | Notes |
|---|---|---|
| Tourist Stream (standard) | Discretionary | More likely if compliance concerns exist |
| Sponsored Family Visitor | Mandatory | Cannot be avoided-plan for offshore application |
| Approved Destination Status (ADS) | Mandatory | Group tour visitors from China |
The Waiver Threshold
If an NFS condition exists, a waiver is only granted if compelling and compassionate circumstances have developed:
- Since the visa was granted (pre-existing conditions don't qualify)
- Beyond the applicant's control
- Resulting in a major change to their situation
Examples that MAY succeed: Sudden severe illness, natural disaster preventing return, specialist medical advice against travel during complicated pregnancy.
Examples that will NOT succeed: Marriage to an Australian, simple pregnancy without complications, financial cost of returning home, wanting to stay together. These are considered controllable life events.
If Condition 8503 is present, the safest strategy is usually to depart Australia and apply offshore (Subclass 309) rather than attempting a waiver without genuinely catastrophic circumstances.
What is Schedule 3 and Why Does It Matter?
Schedule 3 of the Migration Regulations sets out criteria that must be met when applying for certain visas (including Partner visas) while not holding a substantive visa-for example, if your partner has overstayed or is on a Bridging visa.
Schedule 3 criteria are separate from the No Further Stay condition. Even if there's no NFS condition, Schedule 3 will apply if your partner's visa expires before you lodge.
When Does Schedule 3 Apply?
| Situation | Schedule 3 Applies? |
|---|---|
| Partner applies while holding a valid Subclass 600 | ❌ No |
| Partner applies after Subclass 600 expires (unlawful) | ✅ Yes |
| Partner is on Bridging Visa A from another application | ✅ Yes |
The 28-Day Rule
If your partner becomes unlawful, they must lodge the Partner visa application within 28 days of their substantive visa ceasing to meet Schedule 3 criterion 3001. Missing this deadline makes the waiver pathway significantly harder.
The Schedule 3 Waiver Requirements
If Schedule 3 applies, the applicant must demonstrate all of the following:
- Factors beyond their control prevented them from applying while holding a substantive visa
- Compelling reasons exist to grant the visa despite not meeting Schedule 3
- Substantial compliance with previous visa conditions
- Intention to comply with future visa conditions
Simply claiming you didn't know your visa was expiring, or that separation would cause hardship, is generally not sufficient for a Schedule 3 waiver. The Department is stringent in its assessment.
Examples that MAY support a waiver:
- Severe illness or hospitalisation preventing timely application
- An Australian citizen child who would be adversely affected if the parent had to leave
- Severe medical condition making the Australian sponsor heavily dependent on the applicant's care
Strategic imperative: Lodge your Partner visa at least 1-2 weeks before the Visitor Visa expires to avoid Schedule 3 entirely.
The De Facto 12-Month Rule: Common Misunderstandings
For de facto relationships (not married), Regulation 2.03A requires that the relationship existed for at least 12 months immediately before the application date.
The "dating" trap: Many couples mistakenly believe 12 months of dating counts. It does not. The clock typically starts only when you established a joint household and financial interdependence-effectively, when you moved in together "as spouses." Time spent in a visiting relationship, online relationship, or casual dating is generally excluded.
The Visitor Visa Challenge
A visitor visa holder often lacks the ability to:
- Sign a lease in their name
- Put utility bills in their name
- Open certain joint financial accounts
This makes it difficult to generate the "household" evidence required to prove the 12-month period, especially if they have only recently arrived.
Timing Strategies: Getting It Right
For couples where the overseas partner is visiting on a Subclass 600, timing is everything. Here are the key strategies:
Strategy 1: Apply While Tourist Visa is Still Valid
Best case scenario. If your partner applies for the 820/801 Partner visa while their Subclass 600 is still valid (and has no NFS condition):
- ✅ Schedule 3 does not apply
- ✅ They receive a Bridging Visa A (BVA)
- ✅ They can access Medicare immediately upon lodgement
- ✅ They can remain in Australia lawfully during processing (12-20 months)
Strategy 2: Register Your De Facto Relationship
The most powerful tool to bypass the 12-month requirement is Relationship Registration. Under Regulation 2.03A(5), if your de facto relationship is registered under a prescribed state or territory law, the 12-month duration requirement does not apply.
| State/Territory | Residency Requirement | Cooling-Off Period | Processing Time | Visitor Visa Holder Feasibility |
|---|---|---|---|---|
| Victoria | At least one partner lives in VIC | 28 days | ~5 weeks | ✅ High (sponsor meets residency) |
| New South Wales | At least one partner lives in NSW | 28 days | ~5-6 weeks | ✅ High |
| Queensland | One partner lived in QLD for 6+ months | 10 days | ~3-4 weeks | ✅ High (fast cooling-off advantageous) |
| South Australia | One partner lives in SA | 28 days | ~5 weeks | ✅ High |
| ACT | At least one partner lives in ACT | None explicit | Variable | ✅ High |
| Tasmania | Both partners must live in TAS | 28 days | ~5 weeks | ⚠️ Risky (visitor may lack proof) |
| Western Australia | No registry available | N/A | N/A | ❌ Not available |
| Northern Territory | No registry available | N/A | N/A | ❌ Not available |
In Victoria, NSW, or Queensland, the Australian sponsor meets the residency requirement-the visitor applicant doesn't need to prove state residency. Queensland's short 10-day cooling-off period is advantageous if the tourist visa is expiring soon.
Strategic timing: Ensure your relationship registration certificate is issued before lodging the Partner visa application to unequivocally waive the 12-month rule.
Strategy 3: Extend the Tourist Visa (With Caution)
If your partner's Subclass 600 is expiring soon and you're not ready to lodge the Partner visa, they may be able to apply for another tourist visa. However:
- Multiple tourist visa extensions may raise concerns about genuine visitor intent
- The Department may refuse the extension
- If refused onshore, they may become unlawful and trigger Schedule 3
The Bridging Visa: Critical Mechanics You Must Understand
When you lodge a valid onshore Partner visa application, the system automatically grants a Bridging Visa A (BVA). However, there is a common and dangerous misunderstanding about when this visa takes effect.
The "Dormant" Phase
The BVA does not activate immediately. It sits dormant in the background while the current substantive visa (Subclass 600) remains valid.
Example:
- Partner enters Australia on a 12-month Visitor Visa in January
- Partner visa lodged in March → BVA is granted (but dormant)
- Partner remains on Visitor Visa until the following January
- BVA only "wakes up" when the Visitor Visa expires
The Work Rights Gap Trap
Critical: While the BVA generally comes with full work rights, these rights only apply when the BVA is in effect. In the example above, the applicant has no work rights from March to January. They are still bound by the Visitor Visa conditions (Condition 8101 - No Work). Working during this period is illegal and grounds for visa cancellation.
Do NOT Cancel Your Visitor Visa
Some applicants, eager to work, consider cancelling their Visitor Visa to force the BVA to activate. This is a catastrophic error.
Under the Migration Regulations, a BVA ceases if the substantive visa it replaced is cancelled. If an applicant cancels their Visitor Visa:
- Their BVA is also cancelled
- They become an unlawful non-citizen
- They must apply for a Bridging Visa E (with no travel rights and stringent reporting conditions)
- It triggers a Section 48 bar, preventing future onshore visa applications
Strategic conclusion: You must have sufficient financial resources to support yourself without working for the entire remaining duration of your Visitor Visa.
Need to Travel? Get a BVB First
If you need to travel overseas while the BVA is in effect (after the Visitor Visa expires), you must apply for a Bridging Visa B (BVB) first. Leaving Australia without a BVB means you cannot return on your bridging visa and may need to apply offshore.
Immediate Benefits Upon Lodgement
Upon valid lodgement of the Subclass 820 application:
| Benefit | When Available |
|---|---|
| Medicare access | Immediately (don't wait for 820 grant) |
| Bridging Visa A | Granted immediately (but dormant until visitor visa expires) |
| Work rights | Only when BVA activates (after visitor visa expires) |
To enrol in Medicare, present your passport, current visa grant notice, and the Partner visa acknowledgement letter to Services Australia.
The PIC 4020 Fraud Trap
Public Interest Criterion (PIC) 4020 allows visa refusal if false or misleading information is provided in the current application or any visa held in the last 12 months.
The trap for visitors: If you stated in your Visitor Visa application that you were "single" or had "no partner in Australia," but then lodge a Partner Visa claiming you were in a de facto relationship during that same period (to meet the 12-month rule), you risk a PIC 4020 refusal for providing misleading information. This results in refusal and a 3-year ban on applying for any visa.
Strategic advice: Be consistent and truthful across all visa applications. If your relationship evolved after the Visitor Visa was granted, document this timeline clearly.
Application Fees and Costs (2025-2026)
The Partner visa (820/801) application fee is substantial and non-refundable:
| Applicant | Fee (AUD) |
|---|---|
| Main applicant | $9,365 |
| Additional applicant (18+) | $4,685 |
| Additional applicant (under 18) | $2,345 |
Fees current as of July 2025. Fees are subject to change, typically on 1 July each year.
Additional costs may include:
- Health examinations ($300-$600 per person)
- Police clearances (varies by country-required from every country where you've lived 12+ months in the past 10 years)
- Document translations
- Migration agent fees
Not sure if your relationship evidence is strong enough? Use our Partner Visa Readiness Assessment to check your evidence across the four pillars before lodging.
Common Mistakes to Avoid
| Mistake | Consequence |
|---|---|
| Applying with NFS condition in place | Invalid application, $9,365+ fee lost |
| Letting tourist visa expire before applying | Schedule 3 applies, waiver needed |
| Working while still on visitor visa | Visa cancellation, potential ban |
| Cancelling visitor visa to activate BVA | BVA also cancelled, become unlawful |
| Inconsistent relationship claims across visas | PIC 4020 refusal, 3-year ban |
| Insufficient relationship evidence | Visa refusal |
| Missing 28-day Schedule 3 deadline | Much harder waiver pathway |
| Leaving Australia without BVB | Cannot return on bridging visa |
| Not checking visa conditions via VEVO | Unexpected restrictions |
How First Migration Can Help
Applying for a Partner visa from a tourist visa involves navigating complex timing, conditions, and evidence requirements. A single mistake can result in your partner becoming unlawful, losing over $9,000 in fees, or facing a 3-year ban.
At First Migration Service Centre, our registered migration agents specialise in partner visa applications and understand the nuances of Schedule 3 waivers, NFS condition waivers, BVA mechanics, and timing strategies.
Ready to take the next step? We invite you to submit a free visa assessment so we can understand your situation and provide tailored advice.
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Registration No. 1569835
Certified by the Migration Agents Registration Authority. Your trusted partner for Australian visa applications.
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