Bridging Visa After Partner Visa Refusal: How Long Can You Stay?

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 8, 2026
41 min read
Reading Time
41 min read
Table Of Contents

Key Takeaways

  • A bridging visa after partner visa refusal does not end on the day of the refusal. It continues for a short, fixed period after the decision, and it continues for much longer if you lodge a valid application for review with the Administrative Review Tribunal in time.
  • For most bridging visas granted since 19 November 2016, the period after refusal is counted from the date of the Department's decision, not from the day you read the letter. The review deadline, however, is counted from the day you are taken to have received the notice.
  • While a valid Tribunal review is on foot, your Bridging A, Bridging C or Bridging E visa normally stays in effect with the same conditions it had before the refusal.
  • If the Tribunal affirms the refusal, the bridging visa ends a fixed period after the Tribunal decision. If the Tribunal remits the application, the bridging visa continues while the Department reconsiders it.
  • Only a Bridging A or Bridging B visa holder can get a Bridging B visa to travel. Leaving Australia on a Bridging C or Bridging E visa ends that visa and can leave you without a way back.

How long does a bridging visa last after a partner visa refusal?

A bridging visa after partner visa refusal stays in effect for a short, fixed period after the refusal decision, and then it ends unless you lodge a valid review application with the Administrative Review Tribunal within the strict time limit. If you lodge a valid review in time, the bridging visa after partner visa refusal continues for the whole of the review and for a further fixed period after the Tribunal decides. This is the core rule. Everything else in this guide explains how that rule works in practice and how to stay lawful while you fight the refusal.

Most people reading this have just received a refusal of a Subclass 820 onshore partner visa and a combined Subclass 801 application. They want to know three things. How long can they stay? Can they still work? Can they travel? The answers depend on which bridging visa they hold, when it was granted, and what they do in the days after the refusal.

This guide is written for people who can still act. The time limit to seek review is short and it is strictly applied. If you have a refusal letter in front of you, the most important step is to work out your review deadline today. If you want help with that, our partner visa refusal lawyers can review the letter with you and confirm the dates.

Why the bridging visa after partner visa refusal matters so much

The bridging visa after partner visa refusal is what keeps you lawful in Australia. Without it, you become an unlawful non-citizen. Unlawful non-citizens can be detained and removed, and becoming unlawful can affect future visa applications. Your bridging visa is therefore not a side issue. It is the legal ground you stand on while the refusal is reviewed.

A refusal also does not change the conditions of your bridging visa. If you could work before the refusal, you can usually keep working until the bridging visa ends. If you could not work, the refusal does not give you new work rights. The Bridging A visa guide explains those conditions in detail.

Which bridging visa do you hold after a partner visa refusal?

You hold the same bridging visa after the refusal that you held before it, because the refusal does not replace your bridging visa with a new one. The type of bridging visa matters because each type has different rules for travel, work and what happens next. Most onshore partner applicants hold one of three bridging visas.

Bridging A visa (Subclass 010)

You will usually hold a Bridging A visa if you held a substantive visa, such as a visitor, student or work visa, when you lodged your partner visa application. The Bridging A visa is linked to both the Subclass 820 and the Subclass 801 applications. The complete guide to bridging visas in Australia explains how that link works. For a Bridging A visa granted on or after 19 November 2016, Schedule 2 clause 010.511 of the Migration Regulations 1994 sets the events that end it, including the refusal of the associated application and the end of a Tribunal review.

Bridging C visa (Subclass 030)

You will usually hold a Bridging C visa if you did not hold a substantive visa when you lodged, but you were not unlawful either. This often happens when you were already on a bridging visa from an earlier application. The cessation rules for a Bridging C visa sit in clause 030.511 and follow the same pattern as the Bridging A visa. A Bridging C visa usually carries a no-work condition unless that condition was removed or never imposed.

Bridging E visa (Subclass 050)

You will usually hold a Bridging E visa if you were unlawful when you lodged and the Department granted a Bridging E visa linked to your partner application. People in this position had to address the Schedule 3 criteria for partner visas. A Bridging E visa carries conditions set when it was granted, and it can be cancelled more easily than other bridging visas. If your refusal was based on Schedule 3, read our guide to the Schedule 3 partner visa waiver, because that issue will be central on review.

How to confirm which bridging visa you hold

You can confirm which bridging visa you hold by checking the bridging visa grant notice or by running a VEVO check through your ImmiAccount. The grant notice states the subclass and the conditions. Do not guess. The rules for a bridging visa after partner visa refusal are different for each subclass, and a wrong assumption can cost you your lawful status.

When does the clock start on a bridging visa after partner visa refusal?

For a bridging visa granted on or after 19 November 2016, the clock starts on the date of the refusal decision, not on the date you received or read the refusal letter. This is the point most people get wrong. Before that date, many bridging visas ended a fixed period after you were notified of the refusal. The law changed, and for bridging visas granted since then, the period runs from the decision itself.

The Department's own policy on the Subclass 010 Bridging A visa gives this example. If a client was granted a Bridging A visa on or after 19 November 2016 and the associated application is refused, the Bridging A visa ceases a fixed period after the refusal decision. The policy says the link between notification and cessation has been removed for this group. The same change applies to Bridging B and Bridging C visas granted since that date.

Why the decision date and the receipt date can be different

The decision date and the date you are treated as receiving the letter are often different, because the Department may make a decision on one day and send it on that day or later, and the law then deems you to receive it at a set time. If the letter is sent by email, you are usually taken to receive it at the end of the day it is sent. If it is posted, you are taken to receive it a set number of working days after the date of the letter. If you appointed an authorised recipient, such as a lawyer, the notice goes to that person and counts as notice to you.

This difference matters for your bridging visa after partner visa refusal. The bridging visa clock may already be running before you even know about the refusal. The review clock, however, runs from deemed receipt. The two periods are close, but they are not the same, and they do not start on the same day. A careful reading of the refusal letter is the only safe way to work out both dates and to plan your bridging visa after partner visa refusal.

Older bridging visas granted before 19 November 2016

If your bridging visa was granted before 19 November 2016, different cessation rules may apply. For that older group, cessation was tied to notification of the decision, and defective notification could mean the bridging visa did not end. Most current partner applicants hold bridging visas granted after that date, but some long-running matters do not. If your partner visa was lodged years ago, check the grant date of your bridging visa before relying on any general rule about a bridging visa after partner visa refusal.

How is the date of notification worked out?

The date of notification is the date you are taken to have received the refusal notice under section 494C of the Migration Act 1958, when the Department sends it by a method set out in section 494B. Those methods include email, post and handing the notice to you in person. Each method has its own deemed receipt rule.

The refusal letter normally states the method of sending and the date of the letter. It will also tell you that you can apply to the Tribunal for review, who can apply and the time limit for doing so. The law requires a refusal notice for a reviewable decision to contain this information. Read the review rights section carefully. The deadline it describes is the deadline that keeps your bridging visa after partner visa refusal alive.

Email notification

Email is the most common method for partner visa refusals lodged through ImmiAccount. If the notice is sent by email, the deemed receipt rule usually treats you as receiving it at the end of the day it was sent. This is true even if the email went to a junk folder or you did not open it. If you have moved or changed your email address, you should have told the Department using Form 1022 to notify a change of circumstances. If you did not, the notice may still be valid.

Notice to your representative

If you appointed a registered migration agent or lawyer, or an authorised recipient, using Form 956 or Form 956A, the Department will usually send the refusal to that person. Notice to them is treated as notice to you. If you are changing representatives after a refusal, our guide on how to change your immigration lawyer explains how to move the matter without losing time.

What to do on the day you learn of the refusal

On the day you learn of the refusal, write down the date of the letter, the method of sending and the review deadline stated in the letter. Then check VEVO. A VEVO check confirms whether your bridging visa after partner visa refusal is still in effect and what conditions apply. If the dates are unclear, get urgent immigration lawyer advice the same week. Time spent waiting is time taken from your review period.

What happens to a bridging visa after partner visa refusal if you do not seek review?

If you do not lodge a valid review application, your bridging visa ends a fixed period after the refusal decision, and you then have no lawful status unless you hold another visa. For a Bridging A visa granted on or after 19 November 2016, this cessation event is in subparagraph 010.511(1)(b)(ii). Bridging B and Bridging C visas follow the same pattern under clauses 020.511 and 030.511.

The Department's policy also covers the combined Subclass 820 and Subclass 801 application. Because the Bridging A visa is linked to the Subclass 801 application as well, the relevant event is the refusal of the Subclass 801 application. When both are refused together, which is the usual case, the bridging visa ends a fixed period after that combined refusal decision if no review is sought.

Why the fixed period is not a grace period to relax

The fixed period after refusal is not a grace period to rest. It is designed to give you time to lodge review or to make arrangements to leave. The Tribunal review deadline usually falls inside that period, and in most cases it falls before the bridging visa ends. If you wait for the bridging visa to run out before acting, you will almost certainly have missed the review deadline.

Planning to leave instead of seeking review

Some people decide not to seek review and to leave Australia instead. That is a legitimate choice in some cases, for example where an offshore Subclass 309 partner visa application is a better path. If you leave, leave before your bridging visa after partner visa refusal ends. Staying beyond that date can create re-entry problems. Before you make that choice, get advice on whether review is a better option. Our page on partner visa refused appeal options sets out the main paths.

A hypothetical timeline for a bridging visa after partner visa refusal

A simple hypothetical shows how the dates for a bridging visa after partner visa refusal fit together. The scenario below is invented for illustration. It is not a client story, and the periods are described without numbers because they must be checked against the current law and the letter itself.

Assume Ana held a student visa when she lodged a combined Subclass 820 and Subclass 801 application with her Australian partner. She was granted a Bridging A visa. Her student visa later expired, and the Bridging A visa came into effect with no work restriction. Some time later, the Department refused both applications.

Day of the decision

The Department made its decision and emailed the refusal letter to Ana on the same day. Two clocks now run. The first is the bridging visa clock, which runs from the decision date. The second is the review clock, which runs from the day Ana is taken to have received the email. Because the email was sent on the day of the decision, she is treated as receiving it at the end of that day.

The days that follow

Ana reads the letter two days later. She has lost two days of her review period, even though she did not open the email. She checks VEVO and confirms that her bridging visa after partner visa refusal is still in effect with no work restriction. She writes down the decision date and the review deadline from the letter.

Lodging review

Ana lodges a valid Tribunal review application in the first part of the review period, with the correct fee arrangement. The Tribunal acknowledges the application. Her Bridging A visa now continues while the review is on foot. She keeps working. She does not travel. When the Tribunal later decides the review, the outcome determines what happens next to her bridging visa after partner visa refusal.

If Ana had done nothing, her Bridging A visa would have ended a fixed period after the decision date. She would then have become unlawful. The difference between those two outcomes is one valid application, lodged on time.

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How does an ART review keep your bridging visa after partner visa refusal alive?

A valid application to the Administrative Review Tribunal, lodged within the time limit, keeps your bridging visa after partner visa refusal in effect for the whole of the review and for a fixed period after the Tribunal makes its decision. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024, and it now reviews onshore partner visa refusals. The policy and regulations still use the earlier name in places, but the rules apply in the same way.

The cessation events for a Bridging A visa granted on or after 19 November 2016 include a fixed period after the Tribunal's decision on the review, other than a decision to remit the application. They also include a fixed period after a Tribunal determination that the review application was not made in accordance with the law. That second event is the reason the word valid matters so much. A review application that is not valid does not protect your bridging visa after partner visa refusal for long.

If you are preparing for the review itself, our guide on ART review after a visa refusal explains the process, the hearing and the kind of evidence the Tribunal considers. This guide stays with lawful status.

What makes a review application valid

A review application is valid when the right person lodges it with the Tribunal in the approved way, within the time limit, and pays the required fee or obtains a fee reduction where available. For an onshore Subclass 820 refusal, the visa applicant is the person who applies for review. The applicant must generally be in Australia when the review application is made. Errors in any of these steps can lead the Tribunal to find that it has no power to review the decision.

Strict time limits for ART review

The time limit for applying for review of a partner visa refusal is short and strictly applied. Do not assume that it can be extended. The refusal letter states the period, and it runs from the date you are taken to have received the letter. Lodging early in the review period is the safest approach. It leaves time to fix any problem with the application before the deadline passes.

Lodging review does not require a full case on day one

You do not need to file your full evidence on the day you lodge the review application. The application starts the review and keeps the bridging visa after partner visa refusal running. Submissions and evidence usually follow later, once the Tribunal sets a timetable. What matters on day one is a valid, timely application. A visa appeal lawyer can lodge quickly and then build the case properly.

Can you work on a bridging visa after partner visa refusal?

Yes. You can usually keep working on a bridging visa after partner visa refusal if your bridging visa allowed work before the refusal, because the refusal does not change the conditions of the bridging visa. The conditions on your grant notice continue to apply until the bridging visa ends.

A Bridging A visa linked to a Subclass 820 application usually has no work restriction. Our article on working while a Subclass 820 visa is pending explains why. Those rights continue during the review, as long as the Bridging A visa remains in effect. Employers may ask for proof. A current VEVO record that shows the bridging visa in effect and its work conditions is the usual evidence.

Bridging C and Bridging E visa work conditions

Bridging C and Bridging E visas often carry a condition that limits or prevents work. If your bridging visa after partner visa refusal has a no-work condition, the refusal does not lift it. In some cases a person can apply for a further bridging visa without the work restriction if they meet the criteria, for example by showing financial hardship. That is a separate application with its own criteria. It should be considered early, because the review can take a long time.

Telling your employer about the refusal

You are not usually required to tell an employer about a refusal, but your employer may check VEVO at any time. A VEVO record will still show the bridging visa as in effect during a valid review. If an employer is worried, you can explain that the bridging visa continues while the Tribunal reviews the decision. Keep a copy of the Tribunal's acknowledgement of your review application. It is useful evidence that the review is on foot.

Can you travel overseas on a bridging visa after partner visa refusal?

Only if you hold a Bridging A or Bridging B visa and obtain a Bridging B visa before you leave, because a Bridging B visa can only be granted to a person who holds a Bridging A or Bridging B visa. If you hold a Bridging C or Bridging E visa, there is no Bridging B option. Leaving Australia on those visas ends them.

The Department's Subclass 020 Bridging B visa policy confirms that a Bridging B visa requires a Bridging A or Bridging B visa, and that a Bridging A visa ceases when a Bridging B visa is granted. The Bridging B visa then carries its own travel period. Our page on the Bridging B visa explains how to apply.

The risk of travel during a Tribunal review

Travel during a review carries risk even when you hold a Bridging B visa. Your partner visa requires you to be in Australia at certain times, and you will usually need to attend a Tribunal hearing. The Department also considers whether there are substantial reasons for the travel. If something goes wrong while you are overseas, you may not be able to return before the travel period ends. For most people, the safest plan is to stay in Australia while the bridging visa after partner visa refusal is tied to a pending review.

Leaving on a Bridging C or Bridging E visa

If you leave Australia while holding a Bridging C or Bridging E visa, that visa ceases and there is no travel facility to bring you back. Your review may still continue in some circumstances, but you would be outside Australia without a visa to return. An onshore Subclass 820 visa generally requires you to be in Australia when it is decided. Leaving can therefore damage the very application you are trying to save.

What happens to a bridging visa after partner visa refusal if the ART affirms?

If the Tribunal affirms the refusal, your bridging visa after partner visa refusal ends a fixed period after the Tribunal's decision, and after that you have no lawful status unless you hold or obtain another visa. For a Bridging A visa granted on or after 19 November 2016, this is the event in subparagraph 010.511(1)(b)(iii). Bridging B and Bridging C visas follow the same rule.

The Tribunal must give you a written statement of its decision and reasons. As with the original refusal, the cessation period runs from the decision, not from the day you read it. Check the date of the decision on the written statement as soon as you receive it.

Judicial review after an ART affirmation

After an affirmation, the only further legal challenge is judicial review in the Federal Circuit and Family Court of Australia. Judicial review is not a second hearing on the merits. The court only considers whether the Tribunal made a legal error, known as jurisdictional error. The time limit to apply is short and strict.

The bridging visa position on judicial review is different. A person who holds a Bridging A or Bridging B visa when they apply for judicial review may be able to obtain a judicial review Bridging A visa. A person who held a Bridging C visa may be able to obtain a further Bridging C visa if they apply within the statutory time. A person who applies late, or who asks the court for an extension of time, may only be able to obtain a Bridging E visa. These rules turn on holding the right visa at the right time, so they must be checked before the bridging visa after partner visa refusal ends.

Ministerial intervention, in general terms

Some people ask the Minister to intervene after an affirmation. Ministerial intervention is discretionary and limited. A request does not, by itself, give you a bridging visa, and the bridging visa provisions do not give a Bridging C visa to a person only because they have made a request. Anyone considering that path should get advice about lawful status first.

Other visa options after an affirmation

After an affirmation, section 48 of the Migration Act limits the visas you can apply for while you remain in Australia. Some partner visa pathways and some other visas may still be available, depending on your history. Our guide on applying for a partner visa after a visa refusal explains how the section 48 bar works for partner applicants. Leaving and applying offshore is another path, discussed below.

What happens to a bridging visa after partner visa refusal if the ART remits?

If the Tribunal remits the application to the Department, your bridging visa after partner visa refusal continues in effect while the Department reconsiders the application. The Department's policy tables state that when the Tribunal remits the associated application for reconsideration, the bridging visa continues until another listed event occurs, such as a new decision. For a Bridging A visa this is subparagraph 010.511(1)(b)(viii).

A remittal is not a grant. It means the Tribunal found that you meet a specified criterion, or set aside the decision on another permitted basis, and sent the application back for a fresh decision. The Department must follow the Tribunal's direction on the criterion it decided, but it can assess any other criteria that remain outstanding, such as health, character or a sponsorship limitation.

Remitted cases on Schedule 3 grounds

Many onshore partner refusals that are later remitted concern the Schedule 3 criteria. Published Tribunal decisions include Wang (Migration) [2018] AATA 2629, where the reported issues were Schedule 3 criteria, no substantive visa at the time of application, compelling reasons and care of the sponsor's children. They also include Naidu (Migration) [2023] AATA 1830, where the reported issues were a court remittal, compelling reasons to waive Schedule 3, a child of the relationship and a long relationship. Both matters were remitted to the Department for reconsideration. These cases show the issues that arose. They do not predict the result of any other case.

Your conditions after a remittal

After a remittal, the conditions of your bridging visa after partner visa refusal stay the same. If you could work, you can keep working. If you need to travel, a Bridging A visa holder can still apply for a Bridging B visa. Keep your contact details current with the Department, because the reconsideration may involve further requests, such as a section 56 request for more information or a section 57 natural justice letter.

How long does an ART review take, and does the bridging visa last that long?

Yes. The bridging visa after partner visa refusal lasts for as long as the Tribunal review takes, because the cessation event is tied to the Tribunal's decision rather than to a set number of months. Partner visa reviews can take a long time to be heard and decided. The Tribunal publishes information about its case load and timeframes, and those figures change. This guide does not give a processing time for that reason.

A long review has practical effects. You may remain in Australia, keep working if your conditions allow, and continue living with your partner while the review runs. Your circumstances may also change during that time. Relationships develop, children are born, and new evidence becomes available. The Tribunal reviews the decision on the evidence before it at the time of its decision, so new evidence can be relevant.

Keeping the review moving

Holding a bridging visa after partner visa refusal is not a reason to let the review drift. The Tribunal may invite you to give information, comment on adverse information or attend a hearing. If you do not respond or do not appear, the Tribunal can make a decision without you or dismiss the application. A dismissal for failure to appear can be reinstated in limited circumstances if you act quickly, but that is a risk best avoided. A dismissal or a decision on the review starts the fixed period after which your bridging visa ends.

Changes to your bridging visa during a long review

During a long review, your bridging visa after partner visa refusal can also be affected by other events. If a substantive visa you held when the bridging visa was granted is cancelled, the bridging visa can end at that point. A bridging visa can also be cancelled on its own grounds, for example for a breach of conditions. Comply carefully with every condition while the review is on foot.

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What happens if your bridging visa ends and you become unlawful?

If your bridging visa after partner visa refusal ends and you hold no other visa, you become an unlawful non-citizen, and the Migration Act requires officers to detain and remove unlawful non-citizens in many circumstances. Becoming unlawful does not happen gradually. It happens at the moment the bridging visa ceases.

Being unlawful has several practical results. You must not work. You may be detained. You may be removed from Australia. If you later leave, you may face an exclusion period before you can be granted certain visas again, depending on how long you remained unlawful. Our guide to visa cancellations explains how status problems can compound, and the same logic applies here.

Future partner applications after a period of unlawful stay

A future onshore partner application made while unlawful will usually have to satisfy the Schedule 3 criteria, unless compelling reasons justify waiving them. That is a harder test than applying while lawful. The best protection is to keep your bridging visa after partner visa refusal alive through a valid and timely review. If the review is not the right path, plan a lawful departure before the bridging visa ends.

Bridging E visas for people who become unlawful

A person who becomes unlawful may be able to apply for a Bridging E visa to regain lawful status while they make arrangements to leave or while certain processes continue. A Bridging E visa usually carries restrictive conditions. It is a status repair tool, not a substitute for the bridging visa after partner visa refusal you held during the review. Advice should be obtained before applying, because the application itself can bring you to the Department's attention.

Common mistakes with a bridging visa after partner visa refusal

The most common mistake with a bridging visa after partner visa refusal is assuming that the bridging visa protects you until you choose to act. It does not. It ends on a fixed schedule set by the regulations. The mistakes below are the ones that most often turn a fixable refusal into a status problem.

Counting from the wrong date

Many people count their bridging visa period from the day they opened the email. For bridging visas granted since 19 November 2016, the period runs from the decision date. Many people also count the review period from the decision date when it runs from deemed receipt. Mixing up the two dates can cause a person to act too late. Write both dates down and check them against the refusal letter.

Lodging an incomplete or invalid review

A review application lodged by the wrong person, without the required fee, or in a form the Tribunal does not accept may not be valid. If the Tribunal decides that the application was not validly made, the bridging visa after partner visa refusal ends a fixed period after that determination. The review will not proceed. A careful, early lodgement avoids this risk.

Withdrawing the review without a plan

Some people withdraw a Tribunal review because they want to apply for a different visa or leave Australia. Withdrawal starts a fixed cessation period for the bridging visa after partner visa refusal. If you withdraw, you must already know what you will do next and when. Never withdraw a review on the strength of a general online comment about a bridging visa after partner visa refusal.

Travelling on the wrong bridging visa

Leaving Australia on a Bridging C or Bridging E visa ends the visa, and leaving without a Bridging B visa ends a Bridging A visa that is in effect. A short trip home can therefore end your lawful status and damage your onshore partner application. Our guide on tourist visa to partner visa in Australia explains why travel planning matters from the very start of the process.

Ignoring a relationship change during review

If your relationship ends during the review, the issues change. Some applicants may still be able to continue under the family violence provisions for partner visas or other limited exceptions. Others may not. The status of your bridging visa after partner visa refusal still depends on the review, so do not abandon the review without advice. Our article on what happens if the relationship breaks down explains the options.

Does a Subclass 309 refusal affect a bridging visa?

No. A Subclass 309 offshore partner visa refusal does not involve a bridging visa after partner visa refusal, because the applicant is outside Australia and holds no bridging visa linked to that application. The Subclass 309 and Subclass 100 visas are applied for and usually decided while the applicant is offshore.

For an offshore partner refusal, the sponsor in Australia is the person entitled to apply to the Tribunal for review, not the visa applicant. The sponsor must lodge within the strict time limit set out in the refusal letter. The applicant stays where they are while the review runs. If the applicant is visiting Australia on a visitor visa at the time, that visitor visa has its own conditions and end date, and it does not become a bridging visa. Our guide to the Subclass 100 and Subclass 309 offshore pathway explains the two-stage process.

Prospective Marriage visa refusals

A refusal of a Subclass 300 Prospective Marriage visa is also reviewed on the sponsor's application. The law has a special rule where the couple validly marries during the review and tells the Tribunal. The Tribunal can then treat the application as also being an application for partner visas. That rule concerns the visa type. It does not create a bridging visa after partner visa refusal for an applicant who is offshore.

How to protect a bridging visa after partner visa refusal

You protect your lawful status by confirming your bridging visa type, calculating both key dates, lodging a valid review well before the deadline, and keeping your circumstances stable while the review runs. These steps apply to every bridging visa after partner visa refusal, whatever the reason for the refusal.

First, read the refusal letter in full. The reasons tell you what the Tribunal will need to address. Our guide on why partner visas get refused and our list of the most common Subclass 820 refusal reasons can help you understand the decision.

Second, check VEVO and keep a copy. Third, lodge the review early. Fourth, start gathering evidence on the issues the Department found against you. If the refusal concerned the relationship, focus on the four assessed aspects: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Our guides on partner visa relationship evidence, preparing evidence of a genuine relationship and the partner visa relationship statement explain what helps.

Supporting witnesses can give Form 888 supporting witness statements. Our guide to Form 888 example answers and common mistakes explains what each witness should cover. If the refusal concerned the length of a de facto relationship, see our guides on the de facto partner visa and the 12-month de facto rule.

Getting a second opinion on the refusal

If you prepared the application yourself or with someone else, a fresh review of the file can help. Our guide on getting a second opinion from an immigration lawyer explains what to bring. If you want to know what legal help involves, see hiring an immigration lawyer after lodgement and booking an immigration lawyer consultation.

Questions to ask about your bridging visa after partner visa refusal

The right questions about a bridging visa after partner visa refusal turn a frightening letter into a clear plan. Ask these questions as soon as you receive the refusal, and write down the answers.

Which bridging visa do I hold, and when was it granted?

The answer decides whether the post-2016 rules apply and whether you can apply for a Bridging B visa. Check the grant notice and VEVO. If you hold more than one bridging visa, the most beneficial one is usually the one in effect, and a lawyer can confirm which one that is.

What is the decision date, and what is the review deadline?

The decision date starts the bridging visa clock. The deemed receipt date starts the review clock. Both must be known. If the letter was sent to a representative, ask them for the date and method of sending.

Is review the right step for my bridging visa after partner visa refusal?

In most onshore partner refusals, review is the step that keeps lawful status and gives the best chance to address the reasons for refusal. In some cases another path is better. Our pages on why partner visas are refused and on the Subclass 820 visa help frame that decision, but the choice should be made with advice on your own facts.

What can I do while the bridging visa after partner visa refusal is in effect?

Check work rights, travel options and any study or other conditions. Keep living together if you are in a relationship, keep building joint evidence, and keep your details current with the Department and the Tribunal. These ordinary steps support both your lawful status and your review.

How My Migration Lawyers handles a bridging visa after partner visa refusal

My Migration Lawyers acts in many partner visa refusal matters where the client's bridging visa and the Tribunal review deadline must be managed at the same time, and the firm is experienced in handling complex cases of this exact type. We approach a bridging visa after partner visa refusal as an urgent status matter first and a merits review second, because a strong case is of little use if the client loses lawful status before it is heard. We cannot promise any outcome. What we can do is make sure the dates are right and the review is lodged properly.

When a client contacts us with a refusal, we take these steps:

  • We read the refusal letter and the bridging visa grant notice, and we identify the bridging visa subclass, its grant date and its conditions.
  • We calculate the review deadline from the deemed receipt date and the bridging visa cessation date from the decision date, and we confirm both in writing to the client.
  • We run a VEVO check using the passport details already on file.
  • We lodge a valid Tribunal review application promptly, well inside the time limit, and we keep the Tribunal's acknowledgement as proof that the review is on foot.
  • We advise on work and travel while the review runs, including whether a Bridging B visa or a further bridging visa without a no-work condition is worth applying for.
  • We prepare the review case, presenting the client's own account and evidence in the form the law requires, with submissions directed to the exact reasons for refusal.
  • If the Tribunal affirms, we advise immediately on judicial review time limits and the bridging visa consequences. If the Tribunal remits, we manage the reconsideration with the Department.

Our Principal Lawyer, Weiwei Zhang, leads our refusal and review work. You can read more about My Migration Lawyers and our partner visa lawyers service. We also have a general visa refusals service for non-partner matters.

We assist clients across Australia by video consultation, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. If your matter involves other visas as well, our immigration lawyers in Sydney, Melbourne and Brisbane can help.

If your bridging visa after partner visa refusal is running and the review deadline is approaching, do not wait for the last day. A short consultation now can confirm your dates and your options.

Book a consultation about your bridging visa after a partner visa refusal

If you have received a partner visa refusal and you want your bridging visa and review deadline checked, contact My Migration Lawyers today. Book a Consultation through our consultation request form. You can also call 1300 040 300.

Frequently Asked Questions

Does my bridging visa end on the day my partner visa is refused?

No. A bridging visa after partner visa refusal does not end on the day of the refusal. For most bridging visas granted since 19 November 2016, it continues for a short, fixed period counted from the date of the refusal decision. If you lodge a valid review application with the Administrative Review Tribunal within the time limit, it continues while the review is on foot. The exact period should be confirmed against your own grant notice and refusal letter, because older bridging visas follow different rules.

How long can I stay in Australia on a bridging visa after partner visa refusal if I apply for review?

You can usually stay for the whole of the Tribunal review and for a fixed period after the Tribunal makes its decision. The review itself can take a long time, and the bridging visa continues throughout, as long as the review application was valid and lodged in time. If the Tribunal remits the application to the Department, the bridging visa continues while the Department reconsiders it. If the Tribunal affirms the refusal, the bridging visa ends a fixed period after that decision.

Is the bridging visa period counted from the refusal date or the date I received the letter?

For bridging visas granted on or after 19 November 2016, the cessation period is counted from the date of the refusal decision. The Tribunal review deadline is different. It is counted from the date you are taken to have received the refusal notice under the deemed receipt rules in the Migration Act. Because the two dates can differ, you should write both down as soon as you see the letter and confirm them with a lawyer if you are unsure.

Can I keep working on my bridging visa after partner visa refusal?

Yes, if your bridging visa allowed work before the refusal. The refusal does not change your bridging visa conditions, so the same work rights continue until the bridging visa ends. A Bridging A visa linked to a Subclass 820 application usually has no work restriction. A Bridging C or Bridging E visa may carry a no-work condition, and the refusal does not remove it. A current VEVO record is the usual proof for an employer.

Can I travel overseas while my partner visa refusal is under ART review?

You can only travel and return on a Bridging B visa, and only a person who holds a Bridging A or Bridging B visa can obtain one. If you hold a Bridging C or Bridging E visa, leaving Australia ends that visa and there is no way to use it to return. Even with a Bridging B visa, travel during review carries risk, because you may need to attend a hearing and your onshore partner visa generally requires you to be in Australia when it is decided.

What happens to my bridging visa if I do not appeal the partner visa refusal?

If you do not lodge a valid review application, your bridging visa ends a fixed period after the refusal decision. After that, you become an unlawful non-citizen unless you hold or obtain another visa. If you decide not to seek review, you should plan to leave Australia before the bridging visa ends. Staying beyond that date can lead to detention and removal and can affect later visa applications, including through exclusion periods.

Does a late or invalid ART application keep my bridging visa going?

No, not for long. If the Tribunal decides that a review application was not made in accordance with the law, the bridging visa ends a fixed period after that determination and the review does not proceed. This is why the review application must be lodged by the right person, in the approved way, with the correct fee or fee arrangement, and well inside the time limit stated in the refusal letter.

What happens to my bridging visa after partner visa refusal if the ART sends my case back to the Department?

If the Tribunal remits your application, your bridging visa continues while the Department reconsiders it. The bridging visa conditions stay the same, so work rights and travel options do not change. A remittal is not a visa grant. The Department must follow the Tribunal's direction on the criterion it decided, but it can still assess other outstanding criteria, such as health, character or sponsorship, before it makes a new decision.

What happens to my bridging visa if the ART affirms the partner visa refusal?

Your bridging visa ends a fixed period after the Tribunal's decision. If you want to seek judicial review, you must apply to the court within a short and strict time limit, and you need to check which bridging visa, if any, you can obtain for that stage. The right bridging visa depends on the visa you hold when you apply to the court. Advice should be obtained immediately after an affirmation, not near the end of the period.

Can I get a Bridging B visa after my partner visa is refused?

Yes, if you hold a Bridging A or Bridging B visa that is still in effect. A Bridging B visa cannot be granted to a person who holds only a Bridging C or Bridging E visa. The Department considers the reason for travel, and a Bridging B visa replaces the Bridging A visa when it is granted. Travel during a pending review should be planned carefully, because missing a hearing or failing to return in time can harm the review.

Do I need to tell the Department my new address while my review is running?

Yes. You should keep your contact details current with both the Department and the Tribunal. Notices can be validly sent to the last address or email you provided, and you will be treated as receiving them even if you have moved. Missing a Tribunal invitation or a Department request can damage your case. If you have a lawyer, notices are usually sent to that lawyer as your authorised recipient.

Who applies for review if a Subclass 309 partner visa is refused?

The Australian sponsor applies for review of an offshore Subclass 309 refusal, not the visa applicant. A Subclass 309 refusal does not involve a bridging visa, because the applicant is outside Australia and has no bridging visa linked to that application. The sponsor must lodge the review within the strict time limit stated in the refusal letter. The applicant stays offshore while the Tribunal reviews the decision.

Can I withdraw my ART review and keep my bridging visa?

No. Withdrawing the review starts a fixed cessation period for your bridging visa, after which it ends. You should only withdraw a review when you already have a clear and lawful plan, such as a different visa application that is available to you or a planned departure. Section 48 of the Migration Act limits many onshore applications after a refusal, so check your options before you withdraw.

Does a bridging visa after partner visa refusal let me apply for another visa in Australia?

Not automatically. Holding a bridging visa keeps you lawful, but section 48 of the Migration Act limits the visas you can apply for in Australia after a visa refusal. Some partner visa applications and some other visas may still be available, depending on your circumstances and history. You should check the section 48 position before you lodge anything new, because an invalid application does not give you a new bridging visa.

How do I check my bridging visa status after a partner visa refusal?

You can check your status through VEVO, using your passport details, or through your ImmiAccount. VEVO shows whether a bridging visa is in effect and which conditions apply. You should check it as soon as you receive the refusal, again after you lodge your Tribunal review, and again after any Tribunal or Department decision. Keep a dated copy each time, because employers and others may ask for proof.

Should I get legal advice about my bridging visa after partner visa refusal?

Yes, if you are unsure of your dates, your bridging visa type or whether review is the right step. The rules depend on the bridging visa subclass, its grant date and the date of the decision, and the review deadline is short and strictly applied. A lawyer can confirm the dates, lodge a valid review and advise on work, travel and future options while the review is on foot.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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