TODAY 17TH SEPTEMBER 2026 ON PARTNER VISAS THE END OF ONSHORE PARTNER VISA 820 FROM A VISITOR VISA OR IS IT????? –

Can you hear the loud whispers?? Are they getting louder?? Did someone say that today 17th September 2026 marks the last day visitor visa holders will be able to apply for an onshore 820 partner visa??

Let’s break this down logically and try and make sense of what exactly was announced and what is getting caught up in assumptions. Assumptions not supported by Honourable Minister Burke’s words and assumptions that are not possible in law.

So the chatter that has emerged today 17th September 2026, emanated from The Honourable Minister Burke’s National Press Club of Australia Address – today. In respect of Visitor visas, The Minister stated the following key points:

“We will be attaching to visitor visa a no further stay provision. Now, obviously you can’t do a no further stay provision with respect to a protection application, but we will have a no further stay with respect to other applications by people coming on visitor visas”.

What else did the Minister go on to say?? The Minister when on to say that the visitor visa would mean that offshore partner visa applicants would:

“It also means whilst someone is waiting for a spouse visa to come through, their partner will be able to visit Australia on a regular basis.”

So what is unclear here?? Is the Minister making reference to just the 600 Visitor Visa, or is the Electronic Travel Authority (Subclass 601 – ETA) and eVisitor (Subclass 651) also included in the no further stay provision plan? Electronic Travel Authority (Subclass 601 – ETA) is only available to the following passport holders: See below.The eVisitor (Subclass 651) visa is only available to the following European Nationals: See below.

As of 17th September 2026, from a perspective of law, condition 8503 (No further stay) cannot be attached to a (Subclass 601 – ETA) or eVisitor (Subclass 651) as the legislative provisions do not allow for it, with the Migration Regulations in its current form. It is possible that legislative change will follow shortly – but it has yet to happen. For the Department to mandate 8503 apply to a 651 or 601 visa (as of now) the law must allow for it by stating condition 8503 “may or must be imposed”. As of today, in respect of the 651 or 601, here is the current position in law. See below:

600 – Currently here is the position for the 600 visa in terms of permissibility in law (As of today):

· Mandatory 8503 for sponsored stream or where sponsorship is requested by the Department.

· Discretionary 8503 for Tourist stream, meaning it can be applied.

So what does this all mean??? Well as of today the Minister has stated a policy change to ensure condition 8503 applies to all new visitor visa grants. But bearing in mind as of today, he only has the legislative power to impose a no further stay condition to a 600 visitor visas. The power to impose condition 8503 to a (Subclass 601 – ETA) and eVisitor (Subclass 651) does not currently exist. Furthermore, the Minister has confirmed that this change will not have a retrospective impact – meaning if you already hold a visitor visa this change will not affect you. Finally, the Minister seem to be implying that persons that have already lodged of offshore 300 or 309 partner visa will be able to more easily visit their Australian partners during the processing take of the 300 or 309 visa.

As mentioned on many occasions, these complex scenarios are where experienced migration agents and lawyers can help you understand what this means for your impending partner visa application and how this change will affect your strategic plan. But most importantly, there may still be time and ways to lawfully navigate the law to help achieve your objectives. Reach out to one of our migration agents or lawyer members that provide a free consultation – it may give you the clarity and confidence you need.

Richard Quirin Group Moderator & Senior Immigration Consultant MARN 0848935

info@gicaustralia.com.au