820/801 Partner Visa on Bridging Visa: Schedule 3 & Unlawful Stay Rules

#Does applying for a partner visa while on a bridging visa trigger Schedule 3 requirements?

Schedule 3 of the Migration Regulations 1994 is a set of criteria that captures applicants who were not in a substantive visa position at the time of lodging, or who had a period of unlawful presence before obtaining their current bridging visa. The key question officers ask is: was the applicant the holder of a substantive visa at some point, and did they remain lawfully present continuously until now?

A Bridging Visa A (BVA) is issued automatically when you lodge a valid onshore visa application while holding a substantive visa. If you lodged a valid application before your student visa, employer-sponsored visa, or other substantive visa expired, your BVA will keep you lawful and Schedule 3 will not be triggered when you subsequently lodge a partner visa application — provided you do so before the BVA expires or is cancelled.

#What is Schedule 3 for Australian partner visa applications and who does it apply to?

Schedule 3 contains criteria 3001, 3003, and 3004, among others. For partner visa purposes, the most relevant is criterion 3001, which requires that the applicant either: (a) was the holder of a substantive visa within 28 days before lodging; or (b) satisfies the Minister that there are compelling reasons for not applying that criterion.

Who does it apply to? In practice, Schedule 3 catches:

It is critical to understand that Schedule 3 is not automatically fatal to your application. A decision-maker can waive criteria 3001, 3003, and 3004 if there are compelling and compassionate reasons. The burden of demonstrating those reasons rests with the applicant.

#Can I apply for an onshore partner visa after my student visa is granted instead of while on a bridging visa?

Many applicants ask this question because they are worried about the sequence of events. If your student visa was still being processed (so you were on a BVA from that student visa application) and you then received the grant, you are now back on a substantive visa. This is actually the cleanest position from which to lodge a partner visa application — there is no ambiguity about your lawful status.

There is no rule that says you must be on a bridging visa to apply for a partner visa. In fact, being on an active substantive visa is preferable. Once you lodge the Subclass 820 application, a BVA will be issued bridging you until the 820 is decided. That BVA inherits the work and study conditions attached to your student visa, subject to specific conditions set by DOHA.

#Can I apply for partner visa onshore on a bridging visa in Australia?

The Migration Act 1958 and the Migration Regulations 1994 do not prohibit lodging a partner visa application while on a bridging visa. What matters is your visa history. Officers at DOHA will examine:

• The visa you held immediately before the bridging visa was granted
• Whether there was any period of unlawful presence before the bridging visa commenced
• Whether the bridging visa remains current at the time of lodging the 820

If all three conditions are met in your favour, you lodge the 820, receive a new BVA, and your status continues uninterrupted. The key pitfall is assuming that a Bridging Visa E (BVE), which is often granted to people who have already become unlawful, provides the same clean status. It does not — a BVE does not remove a Schedule 3 trigger that arose from an earlier unlawful period.

At VJ Consulting and Education, we strongly advise clients to obtain a full VEVO status check and a written assessment of their visa history before lodging any onshore application. A mistake here can result in refusal, a three-year re-entry ban, or both.

#What are compelling and compassionate reasons for Schedule 3 waiver partner visa?

The Migration Act gives the decision-maker discretion to waive Schedule 3 criteria if satisfied that there are compelling reasons for doing so. The word "compelling" means more than merely inconvenient — it requires circumstances of real weight. Factors that have been accepted include:

What is not compelling on its own: the mere existence of a genuine relationship, the cost of leaving Australia, or the general inconvenience of an offshore application. These are common reasons clients present to us without supporting documentation — and they routinely fail without more.

#Can unlawful non-citizens apply for partner visa in Australia?

An unlawful non-citizen is a person who is physically present in Australia and does not hold a substantive visa, a bridging visa, or a criminal justice visa. Under section 195A of the Migration Act, the Minister has a personal power to grant a visa to an unlawful non-citizen in the public interest — but this is entirely non-compellable and not a pathway applicants can rely upon.

For the purposes of a Subclass 820 application, an unlawful non-citizen can lodge, but:

• They will not be granted a Bridging Visa A at the time of lodging if they are already unlawful — they may receive a BVE instead
• Schedule 3 criteria 3001 will apply, requiring a compelling and compassionate waiver
• If the unlawful period exceeds three years, the person may also be subject to a three-year exclusion period under s. 48 of the Migration Act, which can further complicate any offshore application
• DOHA may refer the matter to Australian Border Force during processing

In these situations, the strength of the relationship evidence and the compassionate circumstances must be overwhelming. We at VJCE do assist clients in this position, but we always provide a frank risk assessment upfront — these are among the most complex cases in partner visa practice.

#What happens if my visa expires while waiting for partner visa decision?

This is one of the most common anxieties among our clients. The answer is straightforward: the moment a valid Subclass 820 application is lodged (and the VAC paid), DOHA issues a Bridging Visa A. That BVA:

• Commences automatically when your substantive visa expires
• Allows you to remain in Australia lawfully until the 820 is decided
• Generally carries work rights (full work rights after 820 bridging period commences, subject to specific grant conditions)
• Does not expire on a fixed date — it is tied to the outcome of the 820 application

The risk arises only if there is a validity problem with the lodgement itself — for example, the application fee was not paid in full, a required form was not submitted, or the application was lodged after the substantive visa had already expired. In those scenarios, no BVA is generated and the person becomes unlawful.

#Do you have to wait for your student visa to expire before getting a partner visa granted in Australia?

There is a persistent myth in the community that DOHA will not grant the 820 until the underlying substantive visa has expired. This is incorrect. DOHA can and does grant the Subclass 820 (temporary partner visa) at any point after processing is complete, regardless of whether the applicant still holds another valid visa. Once the 820 is granted, the student visa ceases — the 820 is the operative visa going forward.

What you cannot do is hold two permanent visas simultaneously or receive a grant of the 801 permanent partner visa while a substantive temporary visa is still in effect in a conflicting way. However, the 820 grant itself is not blocked by an active student visa.

The practical benefit of lodging early — while still on your student visa — is that it gives DOHA the maximum amount of time to assess the relationship evidence before the 820 is decided, and it ensures your bridging visa status is clean and uninterrupted throughout the wait.

#After submitting 820 partner visa, why is my Bridging Visa A not showing on VEVO?

VEVO (Visa Entitlement Verification Online) does not update in real time. After you lodge a valid Subclass 820 application and pay the VAC, DOHA's system processes the lodgement and generates the BVA. This typically takes between a few hours and three business days to appear on VEVO. Common reasons the BVA does not appear promptly include:

#When should I apply for a Bridging Visa B if my 820 partner visa has been processing for over 24 months?

A Bridging Visa B (BVB) grants the holder permission to depart Australia and return while their substantive visa application (in this case, the Subclass 820) is still being processed. Without a BVB, if you leave Australia while on a BVA, the BVA ceases and you cannot re-enter on it — you would need to apply offshore for a Subclass 309, which has its own complexities.

For applicants whose 820 has been processing for 24 months or more, the following timing principles apply:

• Apply for the BVB well before your travel date — ideally at least four to six weeks before departure. DOHA can take several weeks to process a BVB, particularly if case officers are actively working the 820 file
• The BVB must be granted before you depart — it is not applied for at the airport
• Specify your travel dates accurately — the BVB is usually granted for the period of the trip, and overstaying the BVB travel period can cause complications
• Check whether an RFI has been issued on your 820 file before you travel — departing during an active RFI response window can delay your case further

At the 24-month mark, many applicants become eligible to make a formal complaint to DOHA about unreasonable delay, or to seek an ART review in limited circumstances. This is a separate avenue from the BVB application, but both should be considered together as part of a broader case management strategy.

If you are uncertain about your bridging visa status, your Schedule 3 exposure, or whether your relationship evidence is strong enough for a waiver case, the team at VJ Consulting and Education (MARN: 1791066) is available for a detailed case assessment. Partner visa law is one of the most nuanced areas of Australian migration practice — the decisions made at lodgement stage can determine the outcome years later.