Partner Visa Payment Mistakes That Can Make You Unlawful in Australia
If you’re applying for an Australian partner visa—particularly the subclass 820/801 onshore partner visa—understanding what makes a valid visa application is not just important, it’s essential. The consequences of getting it wrong can be severe: becoming unlawful, losing the right to work, and in many cases, being forced to depart Australia.
One of the most critical, yet often overlooked, aspects of ensuring validity is your method of payment—especially the difference between using credit card versus BPAY in your ImmiAccount. Your entire visa future may rest on how fast the Department of Home Affairs registers your payment in their account systems.
What Is a Valid Partner Visa Application?
A partner visa application is only valid if it complies with key requirements under section 46 of the Migration Act 1958 and Schedule 1 of the Migration Regulations 1994. In your ImmiAccount, you must:
Select the correct visa subclass (e.g. 820/801),
Complete the right form (usually Form 47SP),
Attach the required documents,
Pay the Visa Application Charge (VAC), and
Submit from within Australia (not in immigration clearance).
Crucially, the Department will only consider your application valid if the payment is successfully received and cleared into their account at the time of lodgement.
Why Timing Matters: VAC Payment and Validity
The date your partner visa application becomes valid is not when you hit submit in your account—it’s when the Department’s system confirms payment. That distinction can have life-changing consequences.
Credit card payments made via ImmiAccount are processed immediately.
BPAY payments, by contrast, can take up to three business days to clear into the Department’s account.
If your current visa expires before payment clears, your application is not validly made, and you’ll become unlawful in Australia.
Consequences of Lodging an Invalid Application
1. Becoming Unlawful
If your application is invalid and your previous visa has expired, you’ll become an unlawful non-citizen under Australian law. This can:
Trigger detention or removal.
Prevent you from applying for another visa onshore (s48 bar).
Impact your future visa eligibility and your partner’s ability to sponsor.
2. Losing the Ability to Reapply Onshore
For many partner visa applicants, an invalid application results in the loss of the right to reapply onshore. In most visa categories, this would force you to leave Australia and lodge offshore. Partner visa applicants are slightly different—you may still be able to reapply within 28 days, but the new application won’t be as smooth.
3. Being Placed on a Bridging Visa C (BVC)
If your application is found invalid and you reapply while unlawful, you’ll typically be granted a Bridging Visa C—not a Bridging Visa A.
The BVC does not come with work rights by default.
You cannot apply for a Bridging Visa B (BVB), meaning you cannot travel and return.
You must request work rights separately, based on financial hardship.
The BVC only takes effect once your unlawful status is corrected via a valid application.
This is why ensuring that your account reflects a cleared VAC payment immediately is so critical.
BPAY vs Credit Card: The Payment Method That Can Make You Unlawful
BPAY
Takes 1–3 business days to reflect in the Department’s account.
If your current visa expires in that period, the application becomes invalid.
Leaves you unlawful and without a Bridging Visa until you reapply.
Credit Card
Processes instantly through ImmiAccount.
Lodgement and payment are timestamped together.
Minimizes risk and ensures you stay lawful.
Using BPAY close to your visa expiry is not recommended. You’re relying on banking systems to process on time, which is outside your control. A system delay can mean the ImmiAccount status shows “received” but not “paid”—which is not enough.
Real-World Scenario: The Danger of Delayed BPAY
A client submitted their 820/801 partner visa application via ImmiAccount on a Friday at 4:55pm before their student visa expired that night. They used BPAY, expecting it would be fine.
The payment didn’t clear into the Department’s account until Tuesday.
The application was deemed invalid.
They became unlawful over the weekend.
They had to reapply, this time while unlawful.
They were granted a BVC with no work rights.
They could no longer apply for a BVB, and missed a family funeral overseas.
Had they used a credit card, the application would have been valid on Friday—and none of this would have happened.
The Role of ImmiAccount in Tracking Validity
Your ImmiAccount is the Department's official record of your submission and payment. Always ensure:
The status says “Received” and the VAC shows as “Paid”.
You download and save your lodgement summary, payment receipt, and timestamp.
You use the same ImmiAccount for all correspondence with the Department.
A mismatch between payment and submission timestamps—especially if using BPAY—can delay or void your application.
Partner Visa Nuance: You May Still Reapply Within 28 Days, But…
Unlike other visa types, partner visa applicants may be able to reapply within 28 days of becoming unlawful. However, this comes with major limitations:
You will only get a Bridging Visa C, not a BVA.
You cannot apply for a Bridging Visa B.
You cannot work unless separately granted work rights.
You must disclose your unlawful status in future visa dealings.
In partner visa processing, being able to reapply is a loophole, not a strategy.
From Confusion to Confidence: Partner Visas Done Right with First Choice
You’ve read what can go wrong: people becoming unlawful just because they paid a day too late. Being pushed onto a Bridging Visa C with no work rights. Missing funerals overseas. Watching their plans to build a life in Australia unravel—not because they didn’t meet the relationship requirements, but because their ImmiAccount didn’t show a payment as received in time.
It’s not fair—but it’s the system. And when the system is rigid, you need someone who knows exactly how to navigate it.
At First Choice Australian Migration, we’ve helped countless couples avoid disaster by catching the hidden traps before they become legal nightmares. We don’t just submit your forms. We:
✅ Time your application to the minute based on your visa expiry and your account status.
✅ Choose the payment method that guarantees validity, so you never fall into the BPAY trap.
✅ Ensure visa eligibility before applying for the visa
✅ Create backup plans, so if you’re already unlawful or on a BVC, you know exactly what your next move is.
You're not just applying for a visa. You're building a life together. We’ll help you account for every detail so you can account for your future with confidence.
Don't leave your visa—and your relationship—in the hands of uncertainty.
👉 Book a call with First Choice Australian Migration today. We'll walk you through it, step-by-step, make sure your application is valid from day one, and help you stay on the right side of the law.
You focus on your future together—we’ll handle the paperwork.