-
Partner Visa Alternatives: Student Visa Expiring Soon in Australia
Hello everyone! We are looking for expert Australian migration advice and would be grateful for your insights.
We’re in the process of applying for a partner visa. I hold permanent residency in Australia, while my partner is currently on a student visa. We had plans to get married this month, but his student visa is set to expire on March 3, 2025. We have been living together for 1 year and 5 months. Unfortunately, our migration agent has informed us that I am not eligible to sponsor my partner just yet, as I have only held my permanent residency for 3 years.
Is there any alternative solution allowing us to submit our partner visa application sooner?
In the meantime, my partner is considering switching his course and applying for a new student visa while remaining in Australia, to ensure we have more time before applying for the partner visa. What are the best visa options available for him to stay in Australia legally without the risk of having to leave?
We are also contemplating the possibility of applying for a visitor visa if changing his course isn’t feasible.
Being apart is not an option for us; it’s difficult to envision life without him, and the thought of separation brings me great sadness.
Any guidance or advice would be incredibly valuable. Thank you for your support!
-
1 Reply
-
G’day Lucy and welcome to Oz Visa Forum 😊
I completely understand your concern about staying together while navigating the partner visa process. 😓
Since you are not yet eligible to sponsor your partner, he will need a valid visa to remain in Australia lawfully until you can submit the partner visa application.
Here are some possible options:
-
New Student Visa (Subclass 500) – If your partner is genuinely interested in continuing studies, applying for a new student visa with a Confirmation of Enrolment (CoE) from a registered course could be a viable option. However, the application must meet the Genuine Temporary Entrant (GTE) criteria.
-
Visitor Visa (Subclass 600) – This could allow him to stay longer, but visitor visas come with restrictions, such as no work rights.Additionally, if he applies onshore, he may only be granted a shorter stay (e.g., 3 or 6 months). The Department of Home Affairs may also question the genuineness of the visitor visa if it appears to be a way to extend his stay for migration purposes.
-
Bridging Visa (BVA or BVB) – If he applies for another substantive visa before his student visa expires, he will be granted a Bridging Visa A (BVA) while awaiting a decision. If he needs to travel, a Bridging Visa B (BVB) can be requested.
Given the urgency with his visa expiring soon, I strongly recommend seeking personalised advice from a registered migration agent to explore the best course of action tailored to your situation.
We have a registered migration agent we can refer you to if required.
I hope this helps, and I wish you both the best in staying together!
Regards
Mark
-
Log in to reply.