By Arnela Tolic, Principal Solicitor, Tolic Lawyers, Parramatta · Current as at 25 September 2026
As at 25 September 2026, yes, if your visitor visa does not carry condition 8503 (“no further stay”), you can generally still lodge an onshore partner visa (subclass 820/801. On 17 September 2026 the Minister for Home Affairs announced that future visitor visas will carry a no further stay condition.
Once that starts, partners arriving on a newly granted visitor visa will need to apply offshore for the subclass 309/100 instead.
| Key facts: visitor visa to partner visa (as at 25 September 2026) Announced: 17 September 2026, National Press Club address by the Minister for Home Affairs. What changes: a no further stay condition (condition 8503) to be attached to future visitor visas. Who is affected: people granted visitor visas under the new rules. The Minister said it will not affect anyone already in Australia. Start date: not yet published. No amending instrument had been registered as at 25 September 2026. Partner visa charge: $11,710 for the main applicant from 1 July 2026, covering both stages. The law: condition 8503 sits in Schedule 8 of the Migration Regulations 1994; s 46(1A) of the Migration Act 1958 makes an onshore application invalid while the condition applies. |
What was announced on 17 September 2026?
The Minister for Home Affairs announced a package of migration changes at the National Press Club on 17 September 2026.
One of them goes straight to the visitor visa to partner visa pathway. The Minister said a no further stay provision will be attached to visitor visas, with the only carve-out being protection applications.
His reasoning was a comparison between two couples. In the first, the Australian partner sponsors an offshore partner visa and the couple waits, sometimes for years, apart. In the second, the overseas partner arrives as a visitor, lodges onshore and stays on a bridging visa while the application is processed. The Minister described that as a double standard. The change is designed to close the second route for future visitors.
Does the visitor visa change affect people already in Australia?
On the Minister’s own words, no. He said the change is about the issuing of future visas and will have no impact on families already here. In practical terms, that means:
- Already in Australia on a visitor visa without condition 8503: the announcement does not, by itself, stop you lodging an 820/801. You still have to meet every partner visa criterion.
- Holding a visitor visa but still overseas: the announcement says it applies to future grants, so a visa already granted without 8503 should not change. However, the fine print has not been released. Get advice before you travel if an onshore application is the plan.
- Applying for a visitor visa from now on: expect the condition once the new rules commence. At that point the partner visa route is offshore.
Whether the rule will reach Electronic Travel Authority (subclass 601) and eVisitor (subclass 651) grants, as well as the subclass 600 visitor visa, has not been confirmed. That detail matters, because many partners arrive on an ETA or eVisitor.
What does condition 8503 actually stop?
Condition 8503 means the holder will not, after entering Australia, be entitled to be granted a substantive visa (other than a protection visa) while they remain in Australia. Under s 46(1A) of the Migration Act 1958, an application made while the condition applies is invalid. It is not refused on its merits. It simply never validly exists.
A waiver can be requested on Form 1447. Waivers are only available where compelling and compassionate circumstances, beyond the person’s control, have developed since the visa was granted and have caused a major change in their circumstances. Plans the couple already had before the visa was granted will rarely meet that test. A decision not to waive cannot be reviewed by the Administrative Review Tribunal.
Visitor visa to partner visa: what to do if you are already here
First, check your conditions in VEVO, not from memory. Two people holding the same subclass can have different conditions.
If there is no 8503 condition, the next question is whether the application is ready. The Department has made clear through 2026 that it expects partner applications to be decision-ready at lodgement. A rushed, thin application lodged to “beat” a change can do more harm than good. It invites requests for information, and an unanswered request can end in refusal on the evidence already provided.
Three further checks before an onshore lodgement:
- Relationship status. Married couples apply on the marriage. De facto couples generally need 12 months of de facto relationship before lodging, unless an exception such as relationship registration applies.
- Visa status on the day of lodgement. If the visitor visa has expired and the applicant is on a bridging visa or unlawful, Schedule 3 criteria apply and the case becomes much harder.
- Sponsor eligibility. Sponsorship limitations under reg 1.20J (for example, a sponsor who has previously sponsored a partner) must be checked before lodgement.
If your partner is still overseas: the 309/100 route
For couples who have not yet travelled, the offshore partner visa (subclass 309 provisional and 100 permanent) is still accessible. The criteria and the charge are the same as onshore: genuine and continuing relationship, the four categories of evidence under reg 1.15A, health, character and a $11,710 base charge. The difference is where the applicant is when the visa is lodged and granted.
Two cautions apply. First, a visitor visa application must be honest about the purpose of the trip. Misstating intentions to get a visitor visa can create problems under PIC 4020 later. Second, do not assume an old answer still holds. Rules around visitor visas are moving quickly, and the answer can change between the day you book flights and the day you land.
Frequently asked questions
Can I still switch from a visitor visa to a partner visa in 2026?
As at 25 September 2026, yes, if your visitor visa does not have condition 8503 and you meet the partner visa criteria. The announced change applies to future visitor visas and had not commenced on that date.
When does the new no further stay rule start?
No start date had been published as at 25 September 2026. The Government has said it will be implemented through changes to the rules rather than new legislation, which can happen quickly.
My visitor visa already has condition 8503. Can I apply for a partner visa?
Not onshore, unless the condition is waived. A waiver needs compelling and compassionate circumstances beyond your control that arose after the visa was granted. Otherwise, the application must be made offshore.
Will the change affect ETA and eVisitor holders?
That has not been confirmed. Check the implementing instrument once it is released.
Is the offshore partner visa cheaper?
No. The subclass 309/100 and 820/801 carry the same base application charge of $11,710 from 1 July 2026.
Talk to us before you book flights or lodge
Tolic Lawyers advises couples on onshore and offshore partner visas from our Parramatta office and online across Australia. If you are weighing up the visitor visa to partner visa route, book a consultation before you lodge anything. Book a consultation, to understand your visa options.
About the author: Arnela Tolic is the Principal Solicitor of Tolic Lawyers, a migration and employment law firm in Parramatta, and NSW Representative of Migration Alliance.
Disclaimer: This article is general information only and is not legal advice. It reflects the law and announcements as at 25 September 2026. Government charges are set by the Department of Home Affairs and change periodically.
