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Can You Apply for a Partner Visa on a Student Visa in Australia? What You Need to Know

Many students ask if they can apply for a Partner Visa on a Student Visa in Australia. The short answer is yes — under Regulation 1.03 of the Migration Regulations 1994, a Student Visa is considered a substantive visa, meaning it meets the basic requirement to lodge an onshore Partner Visa application. However, this does not remove your current visa obligations. Until your Student Visa ends, you must still follow its conditions or risk cancellation.

You Must Continue Your Studies (Condition 8202 & Condition 8516)

If you apply for a Partner Visa while studying, you must continue to meet:

  • Condition 8202 – Stay enrolled in a registered course, attend classes, and make satisfactory course progress.

  • Condition 8516 – Continue to meet the requirements for which the visa was granted (in this case, being a genuine student).

If you stop studying, withdraw, or your Confirmation of Enrolment (CoE) is cancelled:

  • Your education provider must notify the Department of Home Affairs.

  • The Department may cancel your Student Visa under s116 of the Migration Act 1958.

  • This can lead to refusal or cancellation of your Bridging Visa A (BVA), leaving you on a Bridging Visa E (BVE) with no work rights.

  • If you become unlawful, PIC 4013 or PIC 4014 could apply, leading to a three-year re-entry ban.

Work Rights on a Student Visa After Lodging a Partner Visa

Many applicants assume they can start full-time work after lodging their Partner Visa application — this is not the case.

While your Student Visa is still active, Condition 8105 applies:

  • 48 hours per fortnight during study periods

  • Unlimited hours only during official course breaks or after course completion

Even though the Bridging Visa A (granted when you lodge your Partner Visa) often includes full work rights, it does not start until your Student Visa expires.

 

Bridging Visa A for Partner Visa Applicants on Student Visas

When a Partner Visa is lodged, the Department will usually grant a Bridging Visa A (BVA) with:

  • Full work rights

  • No study requirements

However:

  • The BVA only becomes active after your Student Visa ends.

  • If your Student Visa is cancelled early, your BVA may also be cancelled.

  • Cancelling your Student Visa yourself can leave you unlawful and without work rights.

Key Points to Remember

Key Takeaways for Partner Visa Applicants on a Student Visa

  • You can apply for a Partner Visa while holding a valid Student Visa.

  • You must keep studying and meet Student Visa conditions until it ends.

  • You cannot work full-time until your BVA becomes active.

  • Cancelling or breaching your Student Visa can lead to serious consequences, including bans from re-entering Australia.

How AIVS Can Help With Your Partner Visa

Partner Visa applications are one of the most significant migration pathways, but they are also complex. Once lodged, application charges are non-refundable. For the best outcome when applying for a Partner Visa Australia on a Student Visa, applicants should seek guidance from a registered migration agent or immigration lawyer before making any changes to study or work arrangements.

AIVS works with clients to:

  • Check eligibility against the Migration Regulations

  • Plan timelines around visa expiry and course completion

  • Prepare strong, decision-ready applications with quality relationship evidence

Book your free 15-minute Partner Visa consultation to start with a clear migration strategy.