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Yes — in most cases you can apply for an onshore partner visa (subclass 820/801) while holding a student visa (subclass 500). The student visa itself does not prevent you from applying. The critical exception is condition 8503, covered below.
The 820 is the temporary stage and the 801 is the permanent stage — they are assessed as one application. The $9,365 fee covers both stages. This is one of the most common visa transitions in Australia — thousands of international students do it every year.
Condition 8503 is the single most important thing to check before lodging a partner visa application. If your visa has this condition, you cannot apply for any further visa in Australia — including the 820 partner visa — without first getting the condition waived.
| Check VEVO | Go to immi.homeaffairs.gov.au/VEVO. Log in with your passport details. Find your current visa. Look for "8503" in the conditions listed. It will be clearly labelled. |
| Check your visa grant letter | Your visa grant notice (the PDF emailed to you when your visa was granted) lists all conditions. Look for "8503" or "No further stay" in the conditions section. |
| Which visas commonly have 8503 | Tourist visas (subclass 600), some bridging visas, some student visas applied for offshore. Most student visas applied for onshore do NOT have 8503 — but verify. |
If your visa has 8503, you can request a waiver from DHA before lodging your 820 application. To get a waiver granted, you must demonstrate compelling and compassionate circumstances — a genuine relationship with an Australian citizen or PR is typically considered compelling.
| How to request | Submit a written request to DHA explaining your compelling circumstances. Include your relationship evidence. There is no separate form — submit via email to the relevant DHA office. |
| Success rate | Waivers are commonly granted for genuine partner relationships. However, they are not automatic and processing can take weeks. Do not assume it will be approved. |
| If waiver refused | You will need to leave Australia and apply for the offshore 309/100 partner visa. This means waiting outside Australia until the 309 is granted — which can take 14 months or more. |
This is one of the most common questions and the answer matters for your day-to-day life immediately after lodging.
| Immediately after lodging 820 | You receive a Bridging Visa A (BVA) automatically. You do not apply for it separately. It is granted the moment your 820 application is valid. See our bridging visa guide → |
| Your student visa | Your student visa continues to operate alongside the BVA. Both are active. Your student visa conditions (study obligations, Condition 8202) still apply to your student visa. |
| When student visa expires | When your student visa expires, the BVA becomes your primary visa. You remain in Australia lawfully on the BVA. |
| Work rights | On your BVA, you have full unrestricted work rights. The 48 hours per fortnight limit from your student visa Condition 8105 no longer applies. You can work any hours for any employer. |
| When 820 is granted | Your student visa ceases. The 820 becomes your primary visa. You are now a temporary resident — study and work rights continue. The 801 permanent stage is assessed approximately 2 years later. |
| Travel | Your BVA does NOT allow overseas travel. If you leave Australia on a BVA without first applying for a Bridging Visa B (BVB), your BVA ceases and you cannot return on it. Apply for BVB before any travel. |
If you are married, you can apply for the 820 immediately — there is no cohabitation requirement. For de facto couples, the rules are more nuanced.
| Married | Apply immediately. No cohabitation period required. Marriage certificate plus relationship evidence across four DHA categories. |
| De facto — 12+ months | Eligible to apply. Must demonstrate 12+ months of genuine continuous de facto relationship. Provide evidence across all four categories. |
| De facto — less than 12 months | Generally not eligible yet — unless (a) you register your relationship in an Australian state, or (b) there are compelling circumstances. You may need to wait until you reach 12 months together. |
| Registered de facto | Registration in NSW, VIC, QLD, SA, TAS, or ACT removes the 12-month requirement. Important: WA and NT do not have relationship registers. |
| Engaged | Apply for a Prospective Marriage visa (subclass 300) instead. This allows your partner to enter Australia to marry you within 9 months. After marriage, apply for 820 onshore. |
If you have been together less than 12 months, registering your de facto relationship in an eligible state removes the 12-month waiting period. This is particularly useful for couples who are certain of their relationship but haven't yet reached the 12-month threshold.
| State/Territory | Register available? | Processing |
| NSW, VIC, QLD, SA, TAS, ACT | Yes — relationship registry available | 2–8 weeks |
| WA, NT | No — not available | — |
DHA assesses partner visa relationships across four categories. You must provide evidence in all four. Weakness in even one category frequently leads to requests for further information, which can add months to processing time.
| 1. Financial | Strong: Joint bank account with regular transactions, joint lease agreement, shared utility bills in both names, joint insurance policies. Common gap for students: Many student couples don't have joint accounts yet. If this is you, prioritise opening a joint account immediately and build transaction history before lodging. |
| 2. Household | Strong: Lease or rental agreement showing both names, letters addressed to both at the same address, shared household expenses, statutory declaration from landlord. Weak: Staying at partner's place informally with no documentary evidence. |
| 3. Social | Strong: Photographs together across multiple years and events, statutory declarations (Form 888) from family members who have witnessed the relationship, evidence of social recognition by each other's families. Note: Maximum 2 Form 888 declarations. Quality matters more than quantity. |
| 4. Commitment | Strong: Evidence of joint future plans (mortgage application, joint savings goal, travel bookings), knowledge of each other's daily life, correspondence history, knowledge of each other's family and personal history. For student couples: Joint study notes, travel together, meeting each other's families — all count. |
| Government application fee | AUD $9,365 — covers both 820 (temporary) and 801 (permanent) stages. Paid once. Non-refundable. |
| Health examination | AUD $400–$800 per person. Required for all applicants. Book with DHA-approved panel physician before lodging. |
| Police clearances | AUD $50–$150 per country. Required for every country lived in 12+ months in past 10 years. |
| Document translation | AUD $50–$100 per document. Required for all non-English documents. |
| Migration agent (optional) | AUD $3,000–$6,000. Not required but recommended for complex cases or previous refusals. |
| Estimated total (no agent) | AUD $10,000–$12,000 |
| Estimated total (with agent) | AUD $13,000–$18,000 |
| Work rights on BVA | Full — unrestricted. No hours cap. Any employer. Any industry. The 48 hours per fortnight limit from your student visa ceases when you receive your BVA. |
| Study rights on BVA | You can continue studying. However, your student visa Condition 8202 (maintain enrolment) may no longer technically apply once the student visa has ceased — discuss with your institution if you intend to continue studying after your student visa expires. |
| Medicare | Eligible. Once you have lodged a valid 820 application and hold a BVA, you can enrol in Medicare. Visit a Medicare service centre with your ImmiAccount lodgement confirmation and BVA grant notice. |
| Centrelink | Generally not eligible on BVA for most payments. Exceptions apply — check Services Australia for your specific circumstances. |
Some student visa holders are eligible for both a partner visa pathway and a skilled migration pathway. Understanding the trade-offs helps you make the right decision for your long-term future in Australia.
| Partner visa (820/801) | Skilled visa (190/491/189) | |
| Points required | None | 65+ minimum, competitive at 80+ |
| Skills assessment | Not required | Required (3–12 months) |
| English requirement | Not required for applicant | Proficient English (IELTS 7+) for most |
| Application fee | $9,365 | $4,640 (189/190) or $4,640 (491) |
| Processing time | 12–24 months | 5–18 months depending on occupation/tier |
| PR outcome | 801 after ~2 years | Immediate PR or 3 years regional (491) |
Use the PR Intelligence Report to check your skilled migration eligibility in parallel. Some students run both pathways simultaneously — applying for the partner visa now while building their points score for a skilled nomination.