Our client was granted both his partner visa 820 and 801on the same day.
The result came after a complex application, years spent waiting for a decision and an unexpected family emergency that required our client to return to Taiwan while his visa application was still being processed.
A critical part of the outcome was successfully requesting that the Department of Home Affairs prioritise the application at a time when the circumstances had become genuinely urgent.
Background: Applying for a Partner Visa Without a Substantive Visa
Our client, a Taiwanese national, met his Australian citizen partner several years ago, after an earlier visa application had been unsuccessful.
By the time their relationship developed into a committed partnership, our client no longer held a substantive visa in Australia. This created an additional legal obstacle to an onshore Partner visa application.
The Partner visa framework provides a limited pathway for certain applicants who do not hold a substantive visa, but Schedule 3 of the Migration Regulations 1994 can apply. Where Schedule 3 applies, an applicant generally needs to satisfy the relevant criteria for the Department to waive the usual requirement to hold a substantive visa, including demonstrating compelling reasons in the circumstances of the case.
Despite this complication, the couple continued building their life together in Australia. They moved in together, combined their financial affairs and commenced medical treatment as they planned for a family.
In April 2024, they lodged a combined application for the Partner (Temporary) (Subclass 820) and Partner (Residence) (Subclass 801) visas.
An Unexpected Family Emergency
In early 2026, our client’s father was seriously injured in an accident in Taiwan.
As the eldest son, our client felt a strong obligation to return to Taiwan to support his family. However, his Partner visa application was still undecided, creating uncertainty about the consequences of travelling overseas while the application remained in progress. At the same time, his Australian partner was partway through medical treatment in Australia.
The couple were suddenly facing the prospect of an extended separation at a particularly difficult time in their lives.
How We Requested Priority Processing for the Partner Visa
The application was already legally complex because of our client’s visa history. But once the family emergency arose, the immediate priority was to seek urgent consideration of the application.
Partner visa applications are generally processed according to the Department’s priorities and processing arrangements. Priority processing is not available simply because an applicant would prefer a faster outcome. Requests for urgent consideration need to be supported by circumstances that warrant special consideration and appropriate evidence.
We prepared and submitted a detailed request explaining the family emergency and its impact on our client and his partner. The request was supported by evidence addressing the circumstances and the urgency of the situation.
At the same time, we focused on making sure there were no other outstanding matters that could delay the application if priority consideration was granted.
Because our client had travelled to Taiwan, his existing police clearance had expired. The Department also requested an updated police clearance and further health examinations before the application could be finalised.
We coordinated the required documents and examinations promptly, so that the application could proceed without unnecessary administrative delay.
In other words, there were two issues to manage at once: establishing why the application warranted urgent consideration and ensuring that all outstanding requirements were dealt with as quickly as possible.
The Result
Approximately six weeks after we submitted the priority request and the updated documents requested by the Department, our client’s:
- Partner (Temporary) (Subclass 820) visa; and
- Partner (Residence) (Subclass 801) visa
were both granted on the same day.
This was a significant outcome for a case that had begun with our client not holding a substantive visa and had later been complicated by an unexpected family emergency and overseas travel.
Why This Matters
A lack of a substantive visa does not necessarily prevent an applicant from pursuing an onshore Partner visa, but where Schedule 3 applies, additional requirements can arise and the circumstances of the individual case become particularly important.
Priority processing is a separate issue. Family circumstances, financial pressure or a desire to move forward with family plans will not necessarily justify urgent consideration. Where an applicant is asking the Department to depart from the ordinary processing arrangements, the circumstances need to be clearly explained and appropriately evidenced.
This case also illustrates why urgent developments during a visa application need to be managed carefully.
An applicant who needs to travel overseas while a Partner visa application is being processed may face additional requirements, including updated police checks or health examinations. The practical consequences can depend on the applicant’s individual circumstances and visa position.
Early legal advice can therefore be important, not only when an application is lodged, but also when circumstances change during processing.
Facing Something Similar?
If you do not currently hold a valid substantive visa, or if a family emergency means you may need to travel while your Partner visa application is pending, obtaining advice before taking action can help you understand the potential immigration consequences.
Every case turns on its own facts, including the applicant’s visa history, relationship circumstances, travel plans and any exceptional circumstances relied upon.
If you are facing a similar situation, contact our team to discuss your circumstances and your available options.
This article is based on real cases handled by immigration lawyers at Brightstone Migration. It was written and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to share practical insights and experience. The content is for reference only and does not constitute specific legal advice.
Last updated: 30/09/2026
Testimonial
Anonymised Client
From Impossible to Visa Granted
A huge thank you to the Brightstone Migration team, and special thanks to Ms Guo and her assistant Charles. If it weren't for Charles's professional knowledge and insight, I would never have been introduced to Ms Guo. She turned my case from one that seemed impossible into a success. A truly outstanding immigration lawyer who got my visa granted! I highly recommend this firm, they are excellent 👍
