I'm on a Student visa — I’ve Met and Am Living with an Australian — What Are My Visa Options?

I'm on a Student visa — I’ve Met and Am Living with an Australian — What Are My Visa Options?

If you’re an international student in Australia and you’ve fallen in love with an Australian partner, congratulations — that’s an exciting chapter of your life! But alongside the romance, you might be wondering: what does this mean for my visa situation?

The good news is that Australia’s migration system has pathways that allow genuine couples to stay together, even if you’re currently on a student visa. Let’s break it down.

1. Can I Apply for a Partner Visa While on a Student Visa?

Yes — but it’s important to understand the process and requirements.

If you and your Australian partner are in a genuine, committed relationship, you may be eligible to apply for an onshore Partner visa (Subclass 820/801). This visa is designed for people who are married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

2. What Counts as a De Facto Relationship?

f you’re not married, you need to show you are in a de facto relationship. This generally means:

✅ You have been living together for at least 12 months before applying, or

✅ You have registered your relationship with an Australian state or territory (this waives the 12-month requirement in most cases).

It’s not enough to just be dating or living together casually — the Department of Home Affairs will look for evidence that your relationship is genuine and ongoing.

3. What Happens to My Student Visa?

When you apply for the onshore Partner visa, you’ll be granted a Bridging Visa A (BVA), which usually lets you stay in Australia while the application is processed.

Importantly:

✅ You can keep studying if you want to. 

✅ You can keep working — the BVA has the same conditions as your current student visa, but once your student visa expires, the BVA usually comes into full effect (often with full work rights).


4. Transitioning to a Partner Visa

A partner visa (subclass 820/801 for onshore applicants) allows you to remain in Australia based on your relationship. If you meet the eligibility criteria and can provide substantial evidence of your de facto relationship or marriage, this could be a strategic move to secure your residency in Australia.

Key Steps to Apply for a Partner Visa

  1. Gather Strong Relationship Evidence
    • Evidence that you are currently living together
    • Evidence showing your relationship’s development
    • Statements from family and friends confirming your commitment
  2. Check Your Bridging Visa Work Rights
    • If your student visa conditions restrict work, apply for work rights based on financial hardship while awaiting your partner visa decision.
  3. Book a Consultation with Migration Australia

Given the complexities of applying for a Partner Visa, and your Student visa, getting professional advice is vital. One wrong mistake in the way you apply for your partner visa could result in a costly mistake and a visa refusal to deal with. 

5. Important Points to Keep in Mind

The Risk of Overstaying

One of the biggest risks international students face in this situation is inadvertently overstaying their visa. If your student visa expires and no new visa has been granted or applied for, you could face serious consequences, including restrictions on future visa applications. Lodging a valid partner visa application before your current visa expires is crucial to maintaining your lawful status in Australia.

What Should You Do Now?

  • Check your current visa conditions and expiry date.
  • Assess your eligibility for a partner visa with the help of an expert.
  • Gather the necessary evidence to support your partner visa application.
  • Stay informed about migration policy changes that could affect your options.

6. What If We’re Not Ready Yet?

If you’re still early in your relationship, it’s wise to plan ahead:

✅  Maintain strong records: keep evidence of your time together.

✅  Register your relationship: in some states, this helps if you haven’t yet reached 12 months of living together.

✅  Seek advice early: so you don’t miss important deadlines or eligibility criteria.

7. How we can help you

Australian immigration law can be intricate, especially if you are expecting a child, juggling multiple visa pathways, studying and making long-term plans with your Australian Partner. Missteps can cause delays, added expenses, and emotional stress. By booking a consultation with us we can provide tailored advice, help prepare strong applications, and reduce your risk and stress.

8. Summary

Transitioning from a student visa to a partner visa Plus navigating Bridging visas and work rights can be complicated. Exploring your options, especially if you have an Australian partner, could help you secure a more stable future in Australia. The partner visa pathway offers long-term security, but preparation is key. At Migration Australia, we specialise in helping people navigate complex visa situations. Contact us today for professional guidance on your next steps!

Falling in love in Australia is a beautiful experience — but don’t let visa worries overshadow your relationship. With the right advice and preparation, you and your partner can build a future here together.

If you’re ready to explore your options, contact Migration Australia today for a confidential consultation. We’re here to help you turn your Australian love story into a permanent home.

Why choose us?

We’ve been helping couples like you for over 12 years. We only take on applications that we think have a strong chance of success. We prepare everything thoroughly to make the best case possible. Our goal is to cover all the visa criteria and put your girlfriend’s best foot forward so the decision maker feels confident in approving her visa.

For more info on how to get started, feel free to reach out and book a consultation with us. We’ll walk you through everything and give you a clear plan to bring your girlfriend to Australia.

 Congratulations on your growing family, and we wish you a safe and happy journey as you welcome your new baby in Australia!

Disclaimer: The information provided here is general in nature and does not constitute legal advice. Immigration rules and regulations may change, and individual circumstances vary. For advice tailored to your specific situation, consult a registered migration agent or immigration lawyer.