u/bestwills98

Hi all,

I'm a M Australian citizen and my partner is a F overseas citizen. We're hoping to lodge an 820 Partner Visa in the coming months and would appreciate any feedback on our current situation.

Relationship timeline:

• First met: 2nd half 2024
• Living together: June 2025
• Registered de facto relationship: November 2025

I'm highly confident we can satisfy all four relationship evidence pillars.

Visa background

My partner is currently on a Bridging Visa B associated with a student visa application lodged in June 2024. That student visa was refused on the Genuine Student criterion.

She represented herself at the AAT and, in April 2026, had her hearing. In early May 2026, the Tribunal set aside the refusal and remitted the application back to the Department for reconsideration. (Positive outcome)

Since then, we have heard nothing from the Department.

The complication is that her course finished in May 2026 (a few days after the tribunal) and she received her Graduate Certificate in June 2026. So while the student visa application is still awaiting a final decision from the Department, she has already completed the course it was intended for.

My concern

At the Tribunal hearing, there were quite a few questions about our relationship and what her plans would be after finishing study. She was completely honest and explained that:

• We were in a serious relationship.
• We had not taken any formal steps toward a partner visa at that time.
• Because she was subject to s48 restrictions, a partner visa was not currently available to her.
• Under her circumstances at the time of the tribunal, her intention after study would have been to return overseas.

If the student visa is ultimately granted, the s48 restriction would cease and we would then be eligible to consider an onshore 820 Partner Visa application.

What I'm wondering is whether anyone sees the potential issue with the Department questioning why she has remained in Australia since completing her course.

My view is that it seems reasonable for her to continue to remain lawfully in Australia (on her current BVB) for as long as it takes while waiting for the outcome of a visa application that is still being actively considered following a successful Tribunal decision. The delay is entirely outside her control.

However, I can also see the Department potentially taking the view that despite holding a valid certificate of enrolment at the tribunal, she has since completed her studies and is effectively now waiting for a decision that could open up alternative onshore visa pathways, including a partner visa.

Has anyone experienced something similar, or can see any risks/issues with this line of thinking? If there is any suggestions of proactive steps we could take (other than have a partner visa application ready to go) while the balls in the Departments court, we are all ears. Thanks