Key Takeaways
- An invalid partner visa application cannot be fixed or cured after it is lodged. The Department of Home Affairs is not allowed to consider it, so the only way forward is a new application that meets every validity requirement at the moment it is made.
- Invalid is not the same as refused. An application found invalid has no decision on its merits, no Administrative Review Tribunal review in the usual way and no bridging visa attached to it.
- The most common causes are the applicant being in the wrong place at lodgement, a no further stay condition such as 8503 that has not been waived, the section 48 bar after a refusal or cancellation, an unpaid charge and the wrong form or lodgement channel.
- The biggest danger is visa status. A person who believed a bridging visa would protect them can become unlawful when a substantive visa ends, and that can make any new application much harder.
- The first step after an invalidity notice is an urgent check of current visa status, the reason given for invalidity and the dates that now apply, before anything new is lodged.
What is an invalid partner visa application?
An invalid partner visa application is an application that does not meet the legal requirements for making a valid visa application, so the Department of Home Affairs is not permitted to consider it at all. The Migration Act 1958 sets out what makes an application valid in section 46, and section 47(3) says the Minister is not to consider an application that is not a valid application. An invalid partner visa application is therefore treated, in law, as if no application for the visa was ever properly made. Nothing is assessed. The relationship is not looked at. The evidence is not read.
This is the point many couples miss when they first read the word "invalid" in a letter or in ImmiAccount. They assume it means the case officer did not like the evidence, or that something small needs correcting. That is not what it means. An invalid partner visa application fails at the gate, before any question about the relationship arises. The legal test is objective. The application either met each validity requirement at the time it was made, or it did not.
This guide explains how the law decides validity for the onshore Subclass 820 and Subclass 801 partner visa and the offshore Subclass 309 and Subclass 100 partner visa, why an invalid partner visa application is different from a refusal, the most common reasons applications are found invalid, what happens to visa status, whether anything can be done about the finding, and what needs to be checked immediately. For the wider picture of how the partner visa works, the complete guide to partner visas in Australia sets out each subclass and stage.
Why validity is tested before anything else
Validity is tested first because the law only gives the Department power to decide a valid application. Section 47(1) requires the Minister to consider a valid application. Section 47(3) prohibits consideration of an invalid one. A case officer who receives an invalid partner visa application has nothing to decide on the merits, because there is no valid application in front of them.
In practice, the online lodgement system in ImmiAccount blocks many invalid applications before they can be submitted. It does not block them all. An application can be submitted, paid for and acknowledged, and still be found invalid later when a case officer checks the applicant's location, visa history or conditions. That is why an acknowledgement email is not proof that an application is valid. An applicant who has used ImmiAccount to lodge should not treat a receipt as a guarantee.
Is an invalid partner visa application the same as a refused partner visa?
No. An invalid partner visa application is not the same as a refused partner visa, and the difference has serious legal consequences. A refusal is a decision under section 65 of the Migration Act that the applicant does not satisfy the criteria for the visa. A finding of invalidity is a finding that there was never a valid application to decide. Section 47(4) states that a decision that an application is not valid is not a decision not to grant the visa.
That single provision explains most of what follows. Because an invalid partner visa application is not a refusal, the usual tools that apply after a partner visa refusal are not available in the same way. The reasons a valid application is refused, such as concerns about the relationship evidence discussed in why partner visas get refused, simply never come into play.
There is no decision on the merits
A refused application has been assessed. The case officer has looked at the relationship, the sponsor, health, character and the other criteria, and has written reasons. An invalid partner visa application has had none of that. The relationship may be strong and well documented, and it does not matter. The application fails because of a threshold requirement, not because of the couple. That is a different situation from the common reasons Subclass 820 visas are refused, which all involve a decision on the merits.
This can feel unfair to couples who spent months preparing a relationship statement and gathering documents. The work is not wasted, because the same evidence can support a new valid application. But the invalid partner visa application itself produces no finding about the relationship that can be relied on later.
There is no Tribunal review in the usual way
A refusal of a Subclass 820 visa made in Australia is generally reviewable by the Administrative Review Tribunal under Part 5 of the Migration Act. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. A finding that an application is invalid is not a refusal, so it is not a reviewable decision in the ordinary sense. An applicant who lodges an ART application against an invalid partner visa application finding is likely to be told the Tribunal has no jurisdiction.
That is a key difference from the process described in what to expect at an ART review after a visa refusal. Where the Department has wrongly found an application invalid, the challenge is usually through the courts on a question of law, which is discussed later in this guide and on the judicial review page.
There is no bridging visa from an invalid application
A valid onshore partner visa application made in Australia usually carries an associated bridging visa application. Depending on the applicant's status at the time, that may lead to a Bridging visa A or a Subclass 030 Bridging C visa. The Department's policy on the Subclass 010 Bridging A visa is clear: if a person does not make a valid substantive visa application, there is no associated bridging visa application to assess.
An invalid partner visa application therefore gives no bridging visa. This is the most dangerous consequence of an invalid partner visa application, and it is explained in detail later in this guide. The short version is that a person who relied on the partner application to keep them lawful may not be lawful at all once their previous visa ends. The general rules on bridging visas in Australia all assume a valid application sits underneath them.
What makes a partner visa application valid?
A partner visa application is valid when it meets the requirements in section 46 of the Migration Act and the validity requirements for that visa class in Schedule 1 to the Migration Regulations 1994, and when no statutory bar prevents it. Section 46 requires, among other things, that the application is for a visa of a specified class, that it satisfies the criteria and requirements prescribed for that class, and that any visa application charge payable has been paid. It also says an application is not valid if it is prevented by certain provisions, including section 48.
For partner visas, the Schedule 1 items are different for each class. The onshore temporary partner visa, Partner (Temporary) (Class UK), which covers the Subclass 820 visa, is governed by item 1214C. The onshore permanent partner visa, Partner (Residence) (Class BS), which covers the Subclass 801 visa, is governed by item 1124B. The offshore Partner (Provisional) (Class UF), which covers the Subclass 309 visa, is governed by item 1220A. Each item sets out the form, the charge, where the applicant must be and other requirements. Missing any one of them can produce an invalid partner visa application.
The approved form and lodgement channel
Each item requires the application to be made on the form, at the place and in the manner specified by the Minister in a legislative instrument. The Department's procedural instructions for the Subclass 820 visa state that the specified form is the online form 47SP (Internet), titled "Application for migration to Australia by a partner" in ImmiAccount. A paper form 47SP may only be used if the Department has authorised it in writing, in accordance with its directions and by a specified date. An application sent on paper without that authority, or through the wrong visa product in ImmiAccount, risks being an invalid partner visa application.
The visa application charge
Section 46 requires the visa application charge to be paid. For the onshore combined application, the Department's instructions explain that item 1214C prescribes a nil charge for the Subclass 820 visa, while item 1124B prescribes a charge for the Subclass 801 visa. Because both must be lodged together, the charge for the permanent visa must be paid when the combined application is made. If payment fails, is reversed or is short, the application may not be valid. This guide does not state the amount, because it changes and must be checked on the Department's website on the day of lodgement. A payment problem is one of the few causes of an invalid partner visa application that the Department may allow to be corrected before a final finding.
Where the applicant must be at lodgement
Location is a validity requirement, not just a grant requirement. For the Subclass 820 visa, paragraph 1214C(3)(c) requires all applicants to be in Australia, but not in immigration clearance, when the application is made. For the Subclass 801 visa, paragraph 1124B(3)(b) has the same requirement. For the Subclass 309 offshore partner visa, paragraph 1220A(3)(b) requires all applicants to be outside Australia at the time of application.
This means an applicant who is overseas on the day an onshore application is submitted has made an invalid partner visa application, even if they return a few days later. It also means an applicant who is in Australia on the day an offshore application is submitted has a validity problem. The application is judged at the moment it is made.
The combined Subclass 820 and Subclass 801 application
Paragraph 1214C(3)(a) requires the Subclass 820 application to be made at the same time and place as an application for the Subclass 801 visa. The onshore partner visa is a two-stage process lodged as one combined application. The difference between Subclass 820 and Subclass 801 is a difference in stages, not two separate lodgements made at different times. An attempt to lodge only one stage is not how the law works.
Extra requirements for some applicants
Some applicants must meet additional validity requirements because of their visa history. These include applicants subject to section 48 of the Act, applicants who recently had a partner visa refused while holding a temporary partner visa, and holders of certain regional skilled visas. These are explained below, because they are among the most common reasons an invalid partner visa application occurs.
It is also worth stating what is not usually a validity requirement. The Department's instructions confirm that a Subclass 820 application can be made without an accompanying sponsorship form completed by the sponsor, unless the applicant is a person to whom section 48 applies. For most applicants, the sponsorship is assessed later as a grant criterion. The partner visa document checklist covers what is usually provided at and after lodgement.
Who decides whether a partner visa application is valid?
A Department of Home Affairs officer decides whether a partner visa application is valid, usually soon after lodgement and before any assessment of the relationship. The officer checks the form, the charge, the applicant's location at the time of lodgement, the applicant's current and past visas, any conditions on those visas, and whether any statutory bar applies. If the officer finds the application invalid, the Department notifies the applicant in writing.
The decision about validity is a legal question, not a matter of discretion. If the requirements were met, the application is valid. If they were not, it is an invalid partner visa application, whatever the strength of the relationship. That is why the safest time to deal with validity is before lodgement. A partner visa lawyer checking visa history and conditions in advance can identify a validity problem while there is still time to plan around it. Where an invalid partner visa application has already been lodged, the steps set out later in this guide apply.
Why are partner visa applications found invalid?
Partner visa applications are found invalid when one of the legal requirements in section 46 or Schedule 1 is missing at the moment of lodgement, or when a statutory bar applies to the applicant. In practice, a small number of causes account for most cases. The applicant was in the wrong place. The applicant held a visa with a no further stay condition that was never waived. Section 48 applied after a refusal or cancellation and the extra requirements were not met. The charge was not paid. The wrong form or lodgement channel was used. Each cause is explained below, together with how an invalid partner visa application arising from it is usually handled.
The applicant was outside Australia when the onshore application was lodged
The onshore Subclass 820 and Subclass 801 application must be made while the applicant is in Australia and not in immigration clearance. A couple who submit the application in ImmiAccount while the applicant is overseas on a short trip have made an invalid partner visa application. It does not matter that the sponsor pressed the submit button in Australia, or that the applicant was back in Australia a week later.
This error is common among couples who prepare the application together and choose a lodgement date for convenience. It can also happen when an applicant is at the airport and has not yet passed through immigration clearance. The rule is about the applicant's physical location, not the location of the computer.
The same issue arises in reverse for offshore applications. Couples who are considering whether the applicant should apply from inside Australia should read tourist visa to partner visa in Australia before deciding which pathway applies, because the choice of subclass determines where the applicant must be on the day of lodgement.
A no further stay condition such as 8503, 8534 or 8535 was not waived
A no further stay condition is a condition described in section 41(2)(a) of the Migration Act. Conditions 8503, 8534 and 8535 in Schedule 8 to the Regulations are examples. Together with section 46(1A), these conditions prevent the visa holder from making a valid application for most substantive visas while they remain in Australia, unless the condition has been waived. A partner visa is not one of the visas excluded from the bar. An application made without a waiver is an invalid partner visa application.
The Department's policy on these conditions makes three points that surprise many applicants. First, the condition continues to apply even after the visa it was attached to has expired or been replaced. A person who held a visitor visa with condition 8503, and was later granted a different visa in Australia on an application made before arrival, can still be caught. Second, the condition only stops operating when the person leaves Australia. Third, if an affected person manages to submit an electronic application, the policy is that it must be treated as invalid and the visa application charge repaid.
A waiver may be granted under subregulation 2.05(4) of the Regulations. The test is that, since the visa was granted, compelling and compassionate circumstances have developed over which the person had no control, and those circumstances have resulted in a major change to the person's circumstances. The request must be in writing. There is no charge for the request. If a previous request was refused, a new request must present substantially different circumstances. Separate waiver provisions apply to condition 8534 in some situations.
The Department's policy gives examples such as travel restrictions, being unfit to travel, death or serious illness in close family in Australia, and natural disaster or serious unrest in the home country. A partner relationship is not listed as an example, and the test looks for circumstances that developed after grant and were outside the person's control. That makes a waiver request built only on the relationship difficult. The detailed position is set out in Subclass 820 and the 8503 no further stay condition.
The practical rule is simple. If a person holds or has held a visa with a no further stay condition since last entering Australia, the partner application must not be lodged until a waiver is granted, or until the person has left Australia and the pathway has been reconsidered. Lodging first and hoping for the best produces an invalid partner visa application and no bridging visa.
Section 48 applies after a refusal or cancellation
Section 48 of the Migration Act applies to a non-citizen in Australia who does not hold a substantive visa and who, since last entering Australia, has had a visa refused or cancelled. Such a person may only apply for visas of a class prescribed in regulation 2.12. The prescribed classes include Partner (Temporary) (Class UK) and Partner (Residence) (Class BS). This is often called the partner exception to the section 48 bar.
The partner exception is not unconditional. Paragraph 1124B(3)(e) of Schedule 1 sets out extra validity requirements for a person to whom section 48 applies. The Department's procedural instructions summarise them as follows. The applicant must not have had a partner visa refused since they last entered Australia. The sponsor must provide the approved sponsorship form, completed and signed, at the same time and place as the application. The applicant must also provide two statutory declarations at the same time, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, each declaring that the applicant and the partner are in a married or de facto relationship, and each made within a short period before the application.
This is one of the rare situations in partner visa law where statutory declarations, not Form 888 supporting witness statements, are required by the validity rules. A couple who lodge Form 888 statements in place of the two statutory declarations, or who lodge the declarations late, or whose sponsor lodges the sponsorship form after the application, risk an invalid partner visa application. Applicants who are applying after a refusal should read partner visa after a visa refusal and, if a visa was cancelled, the visa cancellations page.
The bar on a previous partner visa refusal since last entry is also important. A person who was refused a partner visa in Australia, remained in Australia and then lodges a second partner application while subject to section 48 cannot make a valid application. The purpose, according to the Department's policy, is to prevent serial applications based on a claimed relationship. In that situation, the options are usually merits review of the original refusal, where still available within its short and strictly applied deadline, or a different pathway altogether. The partner visa refused appeal options guide explains the review route.
A partner visa was refused shortly before a new application
Paragraph 1124B(3)(d) deals with a related problem. If the applicant holds a Subclass 820 visa or a Subclass 309 visa when lodging a Subclass 801 application, the applicant must not have had any of the listed spouse or partner visas refused within a short period immediately before lodgement. The Department explains that a person refused a permanent partner visa continues to hold the temporary partner visa until notified, and this rule stops that window being used for a fresh partner application. An application lodged inside that period is an invalid partner visa application.
The visa application charge was not paid in full
Section 46 makes payment of the charge a condition of validity. An application where the payment failed, was declined by the card provider, was reversed or was short is at risk. The Department's general procedures, as reflected in its policy instructions, allow an officer to give an applicant an opportunity to fix an invalidity that can be rectified quickly and easily, such as the wrong charge being paid, before determining that the application is invalid. That opportunity is not guaranteed, and it does not apply to defects that cannot be fixed quickly, such as the applicant being in the wrong place.
The wrong form, product or channel was used
Partner applications must be lodged through the online form specified for the item, unless the Department has authorised a paper form in writing. Lodging a different visa product in ImmiAccount, using an old paper form without authority, or lodging only part of the combined application can all lead to an invalid partner visa application. Applicants who are unsure whether their lodgement was correct can ask for a second opinion from an immigration lawyer before relying on it.
The applicant holds or last held a regional skilled visa
Paragraphs 1214C(3)(g) and (h) prevent holders of certain regional skilled visas from applying for a Subclass 820 visa until they have held that visa for a minimum period set by the regulation. The provision also applies where the regional visa was the last substantive visa held. The Department explains the purpose as preventing holders from avoiding the regional conditions of those visas by moving to a partner visa. A Subclass 820 application lodged before the period has passed is an invalid partner visa application.
Is a sponsor problem a validity problem?
Usually not. For most onshore applicants, the sponsorship is assessed later as a criterion for grant, not as a condition of validity. A sponsor who is subject to a limitation, such as the limit on the number of partners a person may sponsor, will usually affect whether the visa can be granted, not whether the application is valid. Those rules are explained on the partner visa sponsorship limitations page and in when a sponsor cannot sponsor a partner visa.
The exception is the section 48 applicant, whose sponsor must lodge the sponsorship form at the same time as the application. In that case, a sponsorship problem is a validity problem, and a missing or late form can produce an invalid partner visa application.
How can an invalid partner visa application be prevented?
An invalid partner visa application is best prevented by checking every validity requirement against the applicant's full visa history before anything is submitted. Most invalidity problems are visible in advance. A visa grant notice shows whether a no further stay condition was imposed. Travel records show where the applicant will be on the lodgement day. Refusal and cancellation letters show whether section 48 applies. None of these checks requires the relationship evidence to be finished first.
A pre-lodgement validity check usually covers five questions. Which substantive visa does the applicant hold today, and when does it end? Has the applicant held any visa with condition 8503, 8534, 8535 or another no further stay condition since last entering Australia? Has any visa been refused or cancelled since last entry, including a partner visa? Will the applicant be in the right place, in or outside Australia, at the moment of lodgement? Is the correct online form being used, and is the payment method reliable? If any answer is uncertain, the safe course is to resolve it before lodgement, not after.
Couples who prepare the application themselves often focus on the relationship evidence and assume the lodgement step is administrative. The comparison of using a partner visa lawyer and doing it yourself explains where self-prepared applications commonly go wrong, and the 820 visa requirements and documents guide sets out the steps in order. An invalid partner visa application is one of the few partner visa problems that can almost always be avoided by checking the right facts at the right time.
Prevention also matters for couples considering the Subclass 300 Prospective Marriage visa or moving from one partner pathway to another. Each visa class has its own Schedule 1 item. A lodgement that suits one pathway can be an invalid partner visa application under another. Once an application is validly made, any later change in circumstances is handled differently, for example by notifying the Department using Form 1022, and it does not affect validity. Knowing when an immigration lawyer is needed for a partner visa is often about this exact stage.
Does being unlawful make a partner visa application invalid?
No. Being an unlawful non-citizen does not, on its own, make a Subclass 820 application invalid. A person in Australia without a substantive visa can usually make a valid onshore partner application, provided the other validity requirements are met and no bar applies. The unlawful status is dealt with later, as a grant criterion under Schedule 3 of the Regulations.
Paragraph 820.211(2)(d) requires an applicant who does not hold a substantive visa to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. This is a question for the decision on the merits, not a question of validity. The distinction is explained in Schedule 3 criteria for partner visas and on the Schedule 3 waiver page.
The two concepts often get mixed up because they can arise together. A person whose visa expired and who was then refused another visa may be both unlawful and subject to section 48. The section 48 rules affect validity. The Schedule 3 rules affect grant. An application can be valid but still face a difficult Schedule 3 assessment, or it can be an invalid partner visa application that never reaches Schedule 3 at all. Getting the order right matters, and the Schedule 3 partner visa waiver guide explains what the waiver involves.
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What happens to your visa status after an invalid partner visa application?
An invalid partner visa application does not give the applicant a bridging visa, so the applicant's lawful status depends entirely on whatever other visa they hold. If the applicant still holds a substantive visa, they remain lawful until it ends. If that visa has already ended, or ends before a new valid application is made, the applicant may be an unlawful non-citizen. This is why visa status must be checked the same day an invalidity notice arrives.
When the applicant still holds a substantive visa
An applicant who still holds a visitor, student, work or other substantive visa is lawful while that visa is in effect. The invalid partner visa application does not cancel or shorten that visa, and it does not extend it either. The task is to use the remaining time well. That means identifying the exact cause of invalidity, confirming whether it can be overcome in Australia, and, where it can, making a new valid application before the current visa ends. A new valid application made while the applicant holds a substantive visa will usually lead to a Bridging visa A, with the work rights described here.
When the applicant has no substantive visa
An applicant whose substantive visa has ended and who has only an invalid partner visa application is in a much more serious position. There is no bridging visa from the invalid application. The person may be unlawful from the day the previous visa ended. They may also be liable to detention and removal under the Act, and every day of unlawful stay can count against them in any later application.
For such a person, any new onshore partner application will usually need to deal with Schedule 3. The Schedule 3 criteria look at how long the person has been without a substantive visa and why. An invalid partner visa application does not stop that clock, because in law no valid application was made. A couple who believed the application was lodged in time can discover that the relevant period has passed. That is why speed matters, and why the urgent immigration lawyer advice guide recommends preparing visa grant notices and ImmiAccount records before the first call.
The Department's policy also notes a possible bridging option for a person who has tried and failed to make a valid application and will be able to make one within a short time, in limited circumstances. Other bridging visas, such as a Bridging E visa, may be relevant for a person who is already unlawful. These are technical decisions with strict criteria. They should be assessed before the person contacts the Department, not after.
What if a bridging visa was already granted?
Sometimes a bridging visa grant notice is issued automatically after lodgement and the application is later found invalid. The effect of that bridging visa needs to be checked carefully against the Department's records and the notice of invalidity. Applicants should not assume they are lawful because they still have a bridging visa grant letter. The Department's online visa entitlement check and the notice itself are the starting point, and legal advice should confirm the position before any travel or further lodgement.
How is an invalid partner visa application notified?
An invalid partner visa application is notified in writing by the Department, usually by a letter or notice in ImmiAccount stating that the application is not a valid application and giving the reason. Departmental procedures require written notification of an invalid visa application. The notice will normally identify the provision that was not met, such as the location requirement, the no further stay condition, section 48 or the visa application charge.
Before the notice, some applicants receive a request to fix a defect that can be rectified quickly and easily, such as a payment problem. Where that opportunity is given, the response deadline is short and strictly applied. If the defect is not fixed in time, the application is then determined to be invalid. Applicants who receive any message about payment or validity after lodgement should treat it as urgent, in the same way as a section 56 request for more information or a section 57 natural justice letter.
The notice may also address the visa application charge. In some invalidity cases the charge is refunded. Whether a refund applies, and how it is paid, depends on the reason for invalidity and the regulations at the time. Applicants should not delay a new valid lodgement while waiting for a refund.
If a migration representative was appointed using Form 956, the notice will usually go to that representative. Applicants who lodged themselves and later engage a lawyer should read hiring an immigration lawyer after lodging your own visa application.
Can an invalid partner visa application be fixed?
No. An invalid partner visa application cannot be fixed, cured or amended into a valid one after it has been made. Validity is assessed at the moment of lodgement. If a requirement was missing at that moment, nothing done later changes that fact. The applicant cannot add a waiver, a payment or a sponsorship form afterwards and convert the same application into a valid one. The only way forward is a new application that meets every requirement on the day it is made.
This is the direct answer to the question in the title. People search "can an invalid partner visa application be fixed" because they hope a correction or an explanation will save the original lodgement. In almost every case it will not. The useful question is a different one: what needs to happen so that the next application is valid, and how quickly can that be done without making the applicant's status worse?
The narrow exception: rectification before a final finding
There is one limited situation that can look like a fix. Where the Department identifies a defect that can be rectified quickly and easily, such as an incorrect charge, it may give the applicant a reasonable period to rectify it before determining that the application is invalid. That is not curing an invalid partner visa application after a finding. It is preventing the finding in the first place. Once the Department has determined that the application is invalid, this opportunity has passed.
A new valid application: what timing means
A new valid application must be planned around the reason the first one failed. If the problem was location, the applicant must be in the correct place on the new lodgement day. If the problem was a no further stay condition, a waiver must be granted before lodgement. If the problem was section 48, the sponsorship form and two statutory declarations must be ready and lodged at the same time, and the applicant must not have had a partner visa refused since last entering Australia. If the problem was the charge, payment must be secured before submission.
Timing also depends on the applicant's current visa. An applicant who holds a substantive visa should aim to lodge before it ends, so that a Bridging visa A follows. An applicant without a substantive visa may need a Schedule 3 strategy built into the new application from the start. In some cases the correct answer is not a new onshore application at all, but an offshore Subclass 309 application or another pathway. The onshore partner visa timeline also needs to be considered, because a fresh lodgement restarts processing.
When the Department's invalidity finding may be wrong
Departmental officers can make mistakes about validity. An officer may misread travel records, wrongly assume a no further stay condition applied, overlook a waiver that was granted, or treat a person as subject to section 48 when they held a substantive visa. Where the finding is wrong in law, the application was in fact valid and should be processed.
Because a finding of invalidity is not a refusal, the usual ART review is not the right path. A written submission to the Department showing that every validity requirement was met can sometimes correct an error without court proceedings, but it is not a formal review right. Where the error is not corrected, the remedy is usually judicial review in the Federal Circuit and Family Court of Australia. Court time limits are short and strictly applied, so the decision whether to challenge the finding must be made quickly. The judicial review page explains how that process works, and the visa appeal lawyer guide sets out the difference between merits review and court review.
A hypothetical example
The following is a hypothetical scenario, not a real client matter. An applicant applied for a student visa from overseas, then entered Australia on a visitor visa with condition 8503, and the student visa was later granted while they were in Australia. The couple lodged a Subclass 820 application while the student visa was still in effect. The Department found the application invalid because the 8503 condition still applied since the applicant's last entry and had not been waived. The applicant still held the student visa, so they remained lawful. The correct response was not to argue about the relationship. It was to assess whether a waiver request could meet the subregulation 2.05(4) test, consider whether departure and an offshore application was the better path, and act before the student visa ended.
What should you check after an invalid partner visa application notice?
After an invalid partner visa application notice, the first things to check are current visa status, the exact reason given for invalidity and the dates that now apply. Those three facts decide what is possible and how fast it must happen. The following checks should be done immediately, ideally on the day the notice arrives.
- Current visa status: which substantive visa, if any, is held today, and when it ends.
- The reason for invalidity: which provision the notice says was not met.
- Visa history since last entry: every visa held, every condition on those visas, and any refusal or cancellation.
- Travel records: the exact dates of departure and arrival around the lodgement date.
- Payment records: whether the charge was paid in full and not reversed.
- Any bridging visa notices: whether a bridging visa was issued and what the Department now says about it.
This information is also what is needed for a meaningful immigration lawyer consultation. Without it, any advice about a new application is guesswork. Applicants should avoid lodging a second application in a hurry, because a second invalid partner visa application repeats the same problem and uses up time that may not be available.
It is also important to keep the relationship evidence current. The documents gathered for the first lodgement remain relevant, and the partner visa relationship evidence guide and the 820 partner visa evidence checklist can be used to update them. If personal details have changed since the first lodgement, the new application must reflect them, and Form 80 answers must be consistent with earlier forms.
How My Migration Lawyers acts on an invalid partner visa application
My Migration Lawyers acts in complex partner visa matters where validity is in doubt, including matters where an application has already been found invalid. The firm has acted in many matters of this type, involving no further stay conditions, section 48, location at lodgement and earlier refusals, and is capable of handling the urgent status questions they raise. The work begins with the facts and the law, and the steps follow the order in which the risks arise. No outcome can be promised, but each step is designed to protect the applicant's position while the next application is prepared.
Step 1: an urgent status check
The first step on an invalid partner visa application is to confirm the applicant's lawful status today. My Migration Lawyers checks the visa entitlement records, the grant notices and the Department's invalidity notice to establish which visa is held, when it ends and whether any bridging visa is in effect. If the applicant may already be unlawful, the immediate options are assessed before anything is lodged or any contact is made with the Department.
Step 2: identifying the exact cause
The firm reads the notice against the applicant's full visa history since last entry, travel records and payment records. The aim is to identify the precise provision that was not met and to test whether the Department's finding was correct. Where the finding appears wrong in law, the firm advises on a written submission and on whether judicial review should be considered within its strict time limit.
Step 3: a fresh valid lodgement strategy
Where a new application is the right path, the firm plans it around the cause of invalidity. That includes confirming the applicant's location on the lodgement day, securing payment, and, for applicants subject to section 48, arranging the sponsorship form and the two statutory declarations so they are lodged at the same time as the application. Where Schedule 3 will apply, the firm presents the applicant's own account and evidence of their circumstances in the form the law requires, and the relationship evidence is updated so that the new application is complete when it is made.
Step 4: waiver requests
Where a no further stay condition stands in the way, the firm assesses whether the applicant's circumstances can meet the subregulation 2.05(4) test and, if so, prepares a written waiver request supported by evidence. Where the test cannot be met, the firm advises on the alternatives, including whether an offshore partner visa is the safer pathway. For partner matters involving family violence, the firm also acts through its family violence partner visa practice.
Who acts on these matters
Partner visa matters at the firm are led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page, and the firm's partner visa work is described on the partner visa lawyers page. Consultations are held by video, so clients across Australia are assisted, including through the firm's partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.
Book a consultation about an invalid partner visa application
If the Department has found an application invalid, or if there is any doubt about whether a planned lodgement will be valid, the time to act is now, while the applicant's status can still be protected. An invalid partner visa application is a problem of timing as much as law. Book a Consultation with My Migration Lawyers to have the notice, the visa history and the next lodgement reviewed. You can also call 1300 040 300.
Frequently Asked Questions
What does an invalid partner visa application mean?
An invalid partner visa application is one that did not meet the legal requirements for a valid application when it was lodged, so the Department of Home Affairs cannot consider it. Section 47(3) of the Migration Act prohibits the Department from considering an invalid application. The relationship and the evidence are not assessed. In law, it is as if no valid application for that visa was made, which affects review rights and bridging visa eligibility.
Can I appeal an invalid partner visa application to the ART?
No. Section 47(4) of the Migration Act says a decision that an application is invalid is not a decision to refuse the visa. Because it is not a refusal, it is generally not a reviewable decision for the Administrative Review Tribunal. Where the Department's finding is wrong in law, the usual remedy is judicial review in the courts, which has short and strictly applied time limits.
Do I get a bridging visa with an invalid partner visa application?
No. A bridging visa linked to a partner application depends on a valid substantive visa application. The Department's policy states that where no valid substantive application is made, there is no associated bridging visa application to assess. An applicant whose application is invalid must rely on any other visa they hold, and may become unlawful when that visa ends.
Will the Department refund the charge for an invalid partner visa application?
Yes. In some cases the visa application charge is refunded when an application is found invalid. For example, the Department's policy on no further stay conditions says an electronic application lodged by an affected person must be invalidated and the charge repaid. Whether a refund applies depends on the reason for invalidity and the rules at the time. A new valid lodgement should not be delayed while waiting for a refund.
Can I lodge an onshore partner visa if I have condition 8503?
No, not while the condition applies and has not been waived. Condition 8503, together with section 46(1A) of the Migration Act, prevents a valid application for most substantive visas while the person remains in Australia. It continues to apply after the visa it was attached to has ended, and it only stops when the person leaves Australia. A waiver under subregulation 2.05(4) requires compelling and compassionate circumstances that developed after grant and were outside the person's control.
Is my partner visa application invalid if I was overseas when it was lodged?
Yes. For an onshore application, the Subclass 820 and Subclass 801 application must be made while the applicant is in Australia and not in immigration clearance. If the applicant was overseas at the moment of lodgement, the application is invalid, even if the sponsor submitted it from Australia. Returning to Australia later does not change this, because validity is assessed at the time the application is made.
Can I apply for a partner visa after a refusal if section 48 applies to me?
Yes. In many cases a person subject to section 48 can apply, but extra validity requirements apply. Section 48 allows a person in Australia without a substantive visa, who has had a visa refused or cancelled since last entry, to apply for the onshore partner visa classes. The applicant must not have had a partner visa refused since last entering Australia, the sponsorship form must be lodged at the same time, and two statutory declarations from eligible people must also be provided at lodgement.
Why are statutory declarations needed instead of Form 888 statements in some cases?
Statutory declarations are needed for applicants subject to section 48, because the validity rule in Schedule 1 specifically requires two statutory declarations made by eligible people who are not the partner. Form 888 is a supporting witness statement, not a statutory declaration, and lodging Form 888 statements instead does not meet that rule. Missing or late declarations can make the application invalid.
Does being unlawful make my partner visa application invalid?
No. Being without a substantive visa does not, by itself, make an onshore partner application invalid. An unlawful applicant can usually lodge a valid Subclass 820 application if the other validity requirements are met and no bar applies. The unlawful status is then assessed as a grant criterion under Schedule 3, which requires compelling reasons in many cases. Section 48 and no further stay conditions can still affect validity separately.
How will I know if my partner visa application is invalid?
The Department notifies the applicant in writing, usually by letter or through ImmiAccount, that the application is not a valid application and gives the reason. If a representative was appointed, the notice usually goes to them. Before a final finding, the Department may give an opportunity to fix a defect that can be rectified quickly and easily, such as a payment problem, with a short deadline.
Can I just pay the charge again to fix an invalid application?
No. Paying again only helps before the Department has made a final finding of invalidity, and only if it gives that opportunity. The Department may allow an applicant to correct a payment defect within a reasonable period. Once the application has been determined invalid, a later payment does not revive it. A new application must then be made, meeting every validity requirement on the day of lodgement.
Is a sponsor's limitation a reason for an invalid partner visa application?
No. For most onshore applicants, the sponsorship is assessed later as a criterion for grant, so a sponsorship limitation affects whether the visa can be granted, not whether the application is valid. The exception is an applicant subject to section 48, whose sponsor must lodge the sponsorship form at the same time as the application. In that case, a missing form can make the application invalid.
What if the Department wrongly found my partner visa application invalid?
If the finding is wrong in law, the application was valid and should be processed. A written submission to the Department setting out why each requirement was met can sometimes resolve an error, although it is not a formal review right. Where the error is not corrected, judicial review in the Federal Circuit and Family Court of Australia is usually the remedy. Court time limits are short and strictly applied.
Should I lodge a new partner visa application straight away?
No. A new application should be lodged only after the cause of invalidity has been identified and dealt with. Lodging again without fixing the cause usually produces a second invalid application and uses up time. The new application should be planned around the applicant's current visa, the reason for invalidity and any waiver, section 48 or Schedule 3 issue. Where a substantive visa is still held, the aim is usually to lodge before it ends.
Can an offshore partner visa application also be invalid?
Yes. The offshore Subclass 309 application has its own validity requirements in Schedule 1. The applicant must be outside Australia when the application is made, the application must be made at the same time as the Subclass 100 application, the correct online form must be used and the charge must be paid. An offshore application lodged while the applicant is in Australia is invalid.
Does an invalid partner visa application affect future applications?
Yes. An invalid application does not stop time running on an expiring visa or on unlawful stay, which can affect Schedule 3 later. It does not count as a refusal, so it does not by itself trigger section 48. The answers given in the invalid application should still be consistent with any new application, because the Department can see earlier lodgements and compare them.
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.
