Onshore Partner Visa Eligibility

Regarding partner visa applications, section 48 of the Migration Act is where an applicant is ineligible to apply for any further visas onshore if they have been refused or had a visa cancelled onshore.

From 14 September 2009, an application for an onshore partner visa is exempt from s48 of the Migration Act if the following circumstances exist:

• the applicant hasn't been refused or cancelled under the s501 character provisions
• they haven't previously been refused a spouse, de facto spouse or interdependent visa since last entering Australia
• they are sponsored by an Australian citizen, Permanent Resident or Eligible New Zealand Citizen on form 40SP
• they provide two statutory declarations (e.g. form 888s) declaring it is a genuine married or de facto relationship