Love matters and effect on visas

t is the love month once again and this year’s Valentine’s day celebration can be very different for most couples.  The Covid-19 pandemic has been with us for almost a year now and it continues to affect our everyday lives and our relationships especially for those who cannot be physically together due to the worldwide and state-wide lockdowns.

This article covers different relationship issues for couples who are married or in de-facto relationship and how it affects their current visa or future visa applications.


Visitor visa holders in Australia with pending offshore Partner visa application

There’s a group of people who have lodged their Partner visa subclass 309 while they were outside of Australia and while waiting for their visa decision they have applied and been granted a visitor visa and have been staying in Australia.   The issue faced by these applicants is that Partner Visa subclass 309 can only be granted when the applicant is outside of Australia.  This means that when the Case Officer is ready to make a decision on this Partner Visa application, the visa applicant should leave Australia and come back when their visa is granted.

  1. Visitor visa applicants or holders offshore wanting to join their Australian citizen/PR spouse or de-facto partner

  2. Subsequent entrant visa applicants or holders intending to join their spouse/partner on a temporary visa