Visa Extension
Australia
Registered Migration Lawyers

Partner Visa 2026 Updates

New restrictions on entering Australia to lodge a Partner Visa onshore have been confirmed for future Visitor Visa holders. Here is what is known so far.

  • Confirmed by Minister Tony Burke on 17 September 2026
  • Affects new Visitor Visa (Subclass 600) grants, not visas already held
  • Offshore Partner Visa applications are unaffected
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Partner Visa (Subclass 820/801, 309/100)

What's Changing for Partner Visa Applicants

New Visitor Visa (Subclass 600) grants will carry Condition 8503 (No Further Stay), which generally prevents the holder from lodging most other visa applications while they remain in Australia. This closes the pathway of entering on a Visitor Visa and later lodging an onshore Partner Visa.

Key points

Onshore (Subclass 820/801) vs offshore (Subclass 309/100)

PathwayRequirement
Onshore (Subclass 820/801)You must hold a substantive visa without Condition 8503 while in Australia
Offshore (Subclass 309/100)Lodged from outside Australia; not affected by Condition 8503

Support for Partner Visa Applicants

7 DAYS

Available every week

2026

Rules tracked as they change

Next Steps

What Couples Should Do Now

If you already hold a substantive visa without Condition 8503

You are not affected by this change and may still be able to lodge an onshore Partner Visa.

If you're planning to enter Australia on a Visitor Visa to lodge a Partner Visa onshore

Check whether Condition 8503 will apply to your visa before assuming the onshore pathway will remain available.

If your partner is currently overseas

The offshore Subclass 309/100 pathway is not affected by this change and may be the more reliable route.

If you're deciding whether to seek advice now or wait

The change is being delivered through regulation rather than new legislation, so it can take effect faster than a change requiring a vote in Parliament. It's worth getting advice early rather than waiting for a formal start date.

This page provides general information only. It is not legal advice, and it should not be relied on as a substitute for advice tailored to your specific visa and circumstances.

Questions & Answers

Partner Visa FAQs

Can I still apply for an onshore Partner Visa in 2026?+
Onshore applications remain possible for applicants already holding a substantive visa without Condition 8503. A Visitor Visa granted once the new condition applies will not support this pathway.
Does this affect Visitor Visas I already hold?+
No. Condition 8503 applies to Visitor Visas granted from the date the change takes effect, not to visas already held.
What's the difference between Subclass 820 and Subclass 309?+
Subclass 820 is the onshore Partner Visa, lodged while you're in Australia. Subclass 309 is its offshore equivalent, lodged from outside Australia. Both lead to permanent residency, through Subclass 801 and Subclass 100 respectively.
Is there a waiver for Condition 8503?+
A waiver may be granted under section 41(2A) of the Migration Act 1958 and regulation 2.05(4) of the Migration Regulations 1994, where compelling and compassionate circumstances have developed since your visa was granted, are beyond your control, and have resulted in a major change to your situation. Each request is assessed individually by the Department of Home Affairs.
Get In Touch

Get Expert Guidance on Your Partner Visa

Our migration lawyers can help you understand how these changes may affect your Partner Visa options and the best pathway forward. Get in touch with our team. We're available seven days a week.

  • Guidance on 2026 visa extension changes
  • Available 7 days a week

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