Who cannot lodge an 820 in Australia: condition 8503, regional visa holders and earlier refusals

Updated 2026-10-14 · General information, not migration advice · Run by the Arrivau team

Here is each one as the subclass 820 page states it.

An earlier cancellation or refusal

The subclass 820 page says you might not be eligible to apply for this visa if you do not hold a substantive visa and you have had a visa cancelled or refused, and it points to Limitations on applications in Australia.

The page also notes that if you do not hold a substantive visa and are eligible to apply, you must include a sponsorship form completed by your sponsor, evidence of your sponsor's status, and a minimum of two statutory declarations made within the last six weeks by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It says that if this information is not included when you lodge your application, it may be deemed invalid.

The glossary on the same page defines a substantive visa as any visa that allows the visa holder to remain temporarily in Australia other than a bridging visa or a criminal justice or enforcement visa.

Regional visas and how long you must have held them

The subclass 820 page says you might not be eligible to apply if you are the holder of certain regional visas. If you are the holder of, or your last substantive visa was, one of the following, you must have held that visa for at least two years before you can apply:

Skilled – Independent Regional (Provisional) (Class UX) visa
Subclass 475 (Skilled – Regional Sponsored) visa
Subclass 487 (Skilled – Regional Sponsored) visa or
Skilled Regional Sponsored (Provisional ) (Class SP) visa

For two other visas, the same page sets three years:

Subclass 491 (Skilled Work Regional (Provisional)) visa
Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

Condition 8503 and the no further stay waiver

The subclass 820 page says you can apply for this visa if your current or previous visa does not have a condition that prevents further stay, such as condition 8503. It adds that you might be able to request a waiver of the no further stay condition in some circumstances, and that a waiver must be approved before you can apply for this visa. The page points to No Further stay waiver.

The page also says you must be in Australia when you apply for this visa, and that family members who apply with you must also be in Australia. It asks you to check your visa status before you apply, using VEVO.

The compelling reasons test

The subclass 820 page says that if you do not hold a substantive visa at the time you apply for this visa and you did not previously hold a Prospective Marriage (subclass 300) visa, you must demonstrate that compelling reasons exist for the grant of a Partner visa.

So the test is tied to two conditions at once: no substantive visa at the time of application, and no previous subclass 300 visa.

Questions people ask

Do I need to be in Australia to lodge an 820?

Yes. The subclass 820 page says eligible applicants must apply for this visa in Australia, and family members who apply with you must also be in Australia.

What is a substantive visa?

The glossary on the subclass 820 page defines a substantive visa as any visa that allows the visa holder to remain temporarily in Australia other than a bridging visa or a criminal justice or enforcement visa.

How do I check whether my visa has a no further stay condition?

The subclass 820 page says you need to be aware of your visa status before you apply for this visa, and to use VEVO to check your visa details and conditions.

How long do I need to have held a regional visa?

The subclass 820 page sets at least two years for people who hold, or whose last substantive visa was, the Skilled – Independent Regional (Provisional) (Class UX) visa, Subclass 475 (Skilled – Regional Sponsored) visa, Subclass 487 (Skilled – Regional Sponsored) visa or Skilled Regional Sponsored (Provisional) (Class SP) visa, and at least three years for people who hold, or whose last substantive visa was, Subclass 491 (Skilled Work Regional (Provisional)) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.

Sources

Partner visa (temporary) (subclass 820) — Department of Home Affairs

Checked 11 October 2026

This page is an unofficial summary published by PartnerVisa.help, not by the Department of Home Affairs, and the department's current pages prevail if they differ.