If you are in Australia on a visitor visa and preparing an onshore Partner visa application, there is an important policy development to watch.
ABC News reported on 4 August that the Labor government was developing a wider migration package which may prevent spouses, children and parents of Australian citizens and permanent residents from applying for family visas while in Australia as tourists. A further report on 5 August said the broad direction was close, but the details were not ready.
The government has not published the proposed legal wording, a start date or transitional arrangements. We have not located a Bill, regulation or legislative instrument that puts the reported proposal into effect.
The short version
- The current rules have not changed.
- An eligible person may still be able to lodge an onshore Partner visa application now.
- We do not yet know exactly who a future change would cover.
- Couples who are already eligible and planning to lodge should review their timing now rather than assume the present pathway will remain available.
What are the rules today?
The Subclass 820 Partner visa is the temporary stage of the onshore Partner pathway. An eligible applicant must be in Australia when the application is made.
Home Affairs also says a person can apply if their current or previous visa does not contain a condition preventing further stay, such as condition 8503.
Condition 8503 is commonly called a No Further Stay condition. If it is attached to a visa, it generally prevents the holder from making many further visa applications while in Australia unless the condition is waived. A waiver is available only in limited circumstances.
Not every visitor visa has the same conditions. Condition 8503 is already mandatory for a Subclass 600 Sponsored Family stream visa, while it may be imposed on a Subclass 600 Tourist stream visa. The individual grant letter and VEVO record must be checked.
Add No Further Stay to future visitor visas
Possible pathway 1: change future visitor-visa conditions
The government could require condition 8503, or a similar condition, on specified visitor visas granted in the future.
If the change applies only to future visa grants, a person who already holds a visitor visa without that condition may not be affected in the same way. But we cannot safely assume this will be the chosen approach, or that every visitor-visa category would be treated alike.
Change the validity rules for an onshore Partner application
Possible pathway 2: change who can make a valid application
The government could instead amend the Schedule 1 validity requirements for an onshore Partner visa application.
In simple terms, a new rule could say that a person cannot make a valid onshore Partner application if they hold—or perhaps most recently held—a specified type of visitor visa.
If drafted that way, the change could potentially affect people who already hold visitor visas when the new rule begins. Whether it does would depend on the exact wording, commencement date and any transitional arrangements.
Existing holders may be treated differently.
The focus may be on future visitor-visa grants carrying a No Further Stay condition.
Existing holders could be captured.
A rule beginning on a future date may prevent lodgement even where the current visitor visa has no No Further Stay condition.
Could existing visitor visa holders be affected?
Possibly—but nobody can answer that reliably until the legal text is published.
If the government only changes conditions attached to future visitor-visa grants, existing visa holders without a No Further Stay condition may sit outside the change. If it instead changes the validity requirements for an onshore Partner application from a particular date, the rule may affect existing visitor visa holders who have not lodged before that date.
What should couples do now?
There is no need to panic. There is a good reason, however, not to leave an already-planned application sitting indefinitely.
- Check your visa conditions.
Read the grant letter and check VEVO. Look in particular for condition 8503 or another No Further Stay condition. - Confirm the onshore pathway is available and suitable.
Your relationship, immigration history, location, current status and any previous refusal or cancellation can matter. - Prepare the application properly.
Lodging an incomplete application simply to beat a possible future date can create other risks. A valid, well-prepared application remains the goal. - Do not breach your current visa.
Keep track of your permitted stay and every condition attached to the visa. - Get individual advice promptly.
If you are already eligible and the onshore pathway is right for you, it may be safer to lodge a valid application sooner rather than waiting for the policy position to become clearer.
Lodging before a future change begins may reduce the risk of being caught by it, but no one can promise that outcome until the final legal and transitional provisions are known.
An important warning about visitor visas
This update is not an invitation to obtain or enter Australia on a visitor visa while hiding an intention to remain permanently. Visitor visa applications, travel and border questions must be answered honestly. The appropriate pathway depends on each couple’s circumstances.
We will update this page
We are monitoring government announcements, the Federal Register of Legislation and Home Affairs guidance. We will update this article when formal details are released.