What Visas Can You Hold When Applying for a Subclass 820 Partner Visa?

Common Mistakes & Tips

If you are planning a DIY application for an Australian Partner Visa (Subclass 820), one of the most important questions is: “Can I apply while on my current visa, and which visas are eligible?”

Understanding your visa status is critical, because the Subclass 820 is an onshore temporary visa, and your current visa can impact your eligibility and processing.


Onshore Application Requirement

The Subclass 820 visa is only for onshore applicants, meaning:

  • You must be physically present in Australia at the time of application
  • Offshore applicants (outside Australia) must apply for the Subclass 309 visa instead

DIY Tip: If you are in Australia on a visitor, student, or work visa, you can still apply for Subclass 820, provided you meet eligibility requirements and remain lawful.


Visas You Can Hold While Applying

You can apply for a Subclass 820 visa while holding most valid visas, including:

  1. Visitor Visa (Subclass 600, 601, 651)
    • You can apply for 820 while visiting, but ensure you remain lawful while waiting for your temporary visa.
  2. Student Visa (Subclass 500)
    • Many students apply for Subclass 820 if they are in a genuine relationship with an eligible partner.
  3. Temporary Work Visas (e.g., 482, 407)
    • Work visa holders can apply as long as they are onshore and lawful.
  4. Bridging Visas (e.g., BVA, BVB, BVC)
    • Bridging visa holders can also lodge a Subclass 820 application.
  5. Other eligible visas
    • Some other temporary visas allow you to apply, but restrictions may apply depending on conditions or expiry dates.

DIY Tip: Always check your current visa conditions. Some visas, like certain visitor or student visas, may have restrictions on work or travel while the Subclass 820 is processing.


Visas That May Cause Complications

While most visas allow you to apply, some situations may require careful planning:

  • Bridging Visa C (BVC) – Usually held without the right to work; you may need to consider a Bridging Visa B for travel or work rights.
  • Expired or unlawful visas – You must be lawfully in Australia at the time of application. Being unlawful can lead to refusal.
  • Conditional visas – Some visas with strict conditions may affect timing or eligibility for the Subclass 820.

DIY Tip: If your visa is close to expiring, apply before expiry to maintain lawful status while waiting for the 820 decision.


Maintaining Lawful Status

Lawful status is critical when applying for Subclass 820:

  • Always maintain a valid visa before applying
  • If your current visa expires while waiting for the 820 decision, you may be placed on a Bridging Visaautomatically
  • Avoid overstaying, as this may complicate your application

DIY Tip: Keep track of visa expiry dates and apply early to prevent gaps in lawful status.


Bridging Visas and Rights

When you apply for Subclass 820 onshore, you will usually receive a Bridging Visa A (BVA) automatically, which allows you to:

  • Remain in Australia legally
  • Work and study (if conditions allow)
  • Travel temporarily if a Bridging Visa B (BVB) is granted

DIY Tip: If you need to leave Australia while your 820 application is processing, apply for a BVB in advance to maintain re-entry rights.


Final Thoughts

For a DIY Subclass 820 Partner Visa application, your current visa matters:

  • Most valid visas, including visitor, student, and work visas, are eligible
  • You must be lawfully onshore at the time of application
  • Understanding bridging visa rights and obligations helps prevent delays or legal complications

Maintaining lawful status, applying before expiry, and understanding how your current visa interacts with Subclass 820 is essential for a smooth DIY application.


Quick Recap

  • Subclass 820 is onshore only; offshore applicants use Subclass 309
  • Eligible current visas: visitor, student, work, or bridging visas
  • Must be lawfully in Australia at the time of application
  • Some conditional or expired visas may cause complications
  • Bridging visas maintain your stay while processing

Want step-by-step guidance? Check out our DIY Partner Visa Package here.

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Try it risk-free — If the DIY option is not to your liking, we’ll credit your purchase toward our Partner Visa Full Service handled by a Senior Immigration Law Advisor.
Try it risk-free — If the DIY option is not to your liking, we’ll credit your purchase toward our Partner Visa Full Service.