Partner Visa After Student Visa Refusal

A partner visa after student visa refusal is the most common way an international student in a genuine relationship with an Australian keeps a future in Australia once the Department of Home Affairs refuses a further Student visa onshore. The refusal does not end the relationship. It does, however, change the legal rules that apply to every application you make next.

A partner visa after student visa refusal is possible for most people, but it is not a simple swap from one visa to another. Section 48 of the Migration Act 1958 restricts the visas a refused applicant can apply for in Australia. Regulation 2.12 of the Migration Regulations 1994 allows the onshore partner visa despite that bar, but only if extra validity requirements are met on the day of lodgement. Schedule 3 may then apply, because the bridging visa that came with the student application is not a substantive visa. And all of this runs alongside a short deadline to seek review of the student refusal at the Administrative Review Tribunal (ART).

This article is written for a specific person: someone in Australia whose application for a Student visa was refused while they were onshore, who is still within the time to make decisions, and who is in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It explains the section 48 bar, the partner visa exception, the bridging visa position, Schedule 3, no further stay conditions, the choice between review and a new application, and what to do in the first days. For the broader picture of the onshore pathway, read the complete guide to partner visas in Australia and the Subclass 820 partner visa service page.

Can You Apply for a Partner Visa After Student Visa Refusal?

Yes. A partner visa after student visa refusal can usually be lodged in Australia, because regulation 2.12 of the Migration Regulations 1994 prescribes the Subclass 820 as a visa that a person subject to section 48 may still apply for. The combined Subclass 820 and Subclass 801 application must, however, meet the additional validity requirements in paragraph 1124B(3)(e) of Schedule 1. If those requirements are not met at the time of lodgement, the application is invalid.

The Department's own policy for the Subclass 820 confirms the point. It states that a person who is subject to section 48 may apply for a Subclass 820 and a Subclass 801 visa, and that paragraph 1124B(3)(e) sets out additional requirements for those applicants. The Subclass 820 visa overview explains the onshore visa itself, and the onshore partner visa requirements guide explains the general eligibility rules.

Three things must still be true for a partner visa after student visa refusal to succeed:

• The application must be valid. That means meeting the section 48 requirements, and not being blocked by a no further stay condition from an earlier visa.
• The relationship must be genuine and continuing. The Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment, the same as for any other partner applicant.
• The time of application criteria must be met. For a person who holds only a bridging visa at lodgement, this includes Schedule 3, unless compelling reasons exist for not applying it.

Each of these is explained below. If you have not yet received a decision on your student application and still hold a substantive visa, your position is different, and you should get advice before the student decision is made.

A partner visa after student visa refusal is also different from a case where a visa was cancelled. Cancellation raises its own review and character questions, which are covered on the visa cancellations page. And a person who came to Australia as a tourist faces a different set of conditions, explained in the tourist visa to partner visa article. The step by step onshore process is set out in the Subclass 820 partner visa guide.

Why a Student Visa Refusal Triggers the Section 48 Bar

A student visa refusal triggers section 48 because section 48 applies to a non-citizen in the migration zone who does not hold a substantive visa and who, since last entering Australia, has had a visa application refused or a visa cancelled. Once the student visa is refused and you hold only a bridging visa, both conditions are usually met. The result is that you can apply in Australia only for the classes of visa prescribed under regulation 2.12.

This is the single most important consequence of an onshore refusal, and it is the reason a partner visa after student visa refusal needs more preparation than an ordinary onshore partner application. The partner visa after a visa refusal article explains section 48 for partner applicants generally. This article deals with the specific position after a Student visa refusal.

What section 48 actually does

Section 48 does not cancel anything and does not make you unlawful. It restricts which visa applications you can validly make while you remain in Australia. Most temporary visas, including a further Student visa, are not on the regulation 2.12 list. A partner visa after student visa refusal is one of the few substantive pathways left open, which is why so many refused students in genuine relationships consider it.

A bridging visa is not a substantive visa. Subsection 5(1) of the Act defines a substantive visa as a visa other than a bridging visa, a criminal justice visa or an enforcement visa. Holding the Bridging visa A that came with the student application keeps you lawful, but it does not take you outside section 48. The overview of bridging visas A, B, C and E explains the classes in more detail.

When section 48 does not apply yet

Section 48 depends on not holding a substantive visa. If your earlier Student visa, or another substantive visa, was still in effect on the day the new student application was refused, section 48 does not yet apply to you. You remain on that substantive visa until it ends.

That window matters. A person who lodges a valid Subclass 820 application while still holding a substantive visa is not subject to the section 48 validity requirements and is not subject to Schedule 3. Before treating your matter as a partner visa after student visa refusal under section 48, check VEVO to confirm exactly which visa is in effect today. If a substantive visa is still in effect, and no further stay condition stands in the way, the best course is often to lodge a complete partner application before it ends.

Leaving Australia does not reset the bar while you hold a bridging visa

Many refused students are told that a short trip overseas will "clear" section 48. That is not correct while you hold a bridging visa. Subsection 48(3) of the Act provides that a person who leaves and re-enters Australia while holding a bridging visa is taken to have been continuously in the migration zone. For the partner visa itself, paragraph 1124B(3A)(b) applies the same continuity rule when assessing whether a partner visa has been refused since your last entry.

Departure also carries separate risks. A Bridging visa A that is in effect ceases when you leave Australia unless you hold a Bridging visa B, and you may not be able to return. The Bridging visa B guide explains travel rules. Anyone considering travel during a partner visa after student visa refusal should get advice first.

The Partner Visa Exception: Regulation 2.12 and Item 1124B

The partner visa exception works in two steps. Regulation 2.12 allows a person subject to section 48 to apply for a Subclass 820, and because the Subclass 820 must be lodged at the same time and on the same form as the Subclass 801, paragraph 1124B(3)(e) of Schedule 1 then imposes additional requirements for the Subclass 801 application to be valid. If the Subclass 801 part is invalid, the combined application fails.

Department policy describes the purpose directly. Applicants subject to a section 48 bar are required to meet a higher threshold than other applicants, to help protect the integrity of the partner visa program. For a partner visa after student visa refusal, the requirements in paragraph 1124B(3)(e) are not paperwork that can be supplied later. They must be in place on the day you press submit in ImmiAccount.

No partner visa refused since you last entered Australia

Subparagraph 1124B(3)(e)(i) provides that a person subject to section 48 cannot make a valid application if they have had a partner visa refused since they last entered Australia. For most people seeking a partner visa after student visa refusal, this is not a problem, because the only refusal is the student refusal. But if an earlier onshore partner application was refused, the exception is closed, and other options must be considered. The Subclass 820 refusal reasons article and the partner visa refusals page deal with that situation.

The sponsorship form must be lodged with the application

An ordinary onshore partner application can be lodged before the sponsoring partner completes the sponsorship. A partner visa after student visa refusal cannot. Under subparagraph 1124B(3)(e)(ii), a person subject to section 48 must provide, at the same time and place as making the application, the approved sponsorship form (Form 40SP, the online Sponsorship for a Partner to Migrate to Australia) completed and signed by the Australian partner.

In practice, this means the Australian partner must complete their part before the visa application is lodged. Couples who plan to lodge the visa first and the sponsorship later, as they would in an ordinary case, can lodge an invalid application. The partner visa document checklist helps couples prepare both sides of the application in the right order.

Two supporting statements from eligible Australians

Subparagraph 1124B(3)(e)(iii) requires a person subject to section 48 to provide, at the time of application, two written supporting statements in the form the Regulations prescribe. Each must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner. Each must declare that the applicant and the partner are in a married or de facto relationship. Each must have been made no more than six weeks before the day the application is lodged.

This is a validity requirement, not an evidence suggestion. A statement made too early, made by the wrong person, or missing the required declaration can make the whole partner visa after student visa refusal invalid. The two witnesses should be people who genuinely know the couple. These statements are in addition to the ordinary evidence of the relationship, such as the relationship statement and supporting Form 888 statements. Whether a Form 888 statement on its own can satisfy this particular requirement should be checked before lodgement, because the safest course is to meet the exact words of the Regulations.

Dependent children of a section 48 applicant

Paragraph 1124B(3A)(a) provides that if a person subject to section 48 meets the requirements of paragraph 1124B(3)(e), an application by a person who claims to be a dependent child of that person is also a valid application. For families seeking a partner visa after student visa refusal, this means a dependent child does not need to satisfy the section 48 requirements separately, provided the primary applicant does.

A spouse or a de facto partner

The exception in regulation 2.12 applies to both married and de facto couples. Married couples rely on the spouse definition in section 5F of the Act. A de facto partner usually needs to show 12 months of de facto relationship before lodgement unless an exception applies, which is explained in the Subclass 820 de facto 12 months article and the de facto partner visa guide. Couples whose relationship is not yet at that point need advice on timing before any partner visa after student visa refusal is lodged.

Your Bridging Visa After a Student Visa Refusal

After an onshore student visa refusal, you usually hold the Bridging visa A that was granted with your student application, and it continues for a period after the refusal decision rather than ending on the day of refusal. For a bridging visa granted on or after 19 November 2016, the Department's policy states that it ceases 35 days after the refusal decision unless a valid application for review is made. If ART review is lodged in time, it continues and instead ceases 35 days after the Tribunal's decision, unless the Tribunal remits the matter.

Do not confuse that bridging visa period with the review deadline. The time limit to apply to the ART is set separately by the Act, it is shorter, it runs from notification of the decision, and the Tribunal cannot extend it. The refusal letter states the deadline. A partner visa after student visa refusal should be planned with both dates written down on the first day.

What your Bridging visa A allows

The Bridging visa A from the student application came into effect when your earlier substantive visa ended, if it had not already. It generally carries work conditions taken from the earlier visa. The Bridging visa A guide explains how those conditions carry over. The Bridging visa A keeps you lawful while it is in effect, but it does not count as holding a visa for the purposes of a later application, which is why section 48 and Schedule 3 both remain live issues for a partner visa after student visa refusal.

Which bridging visa the partner application produces

A person who lodges a valid Subclass 820 application while holding only a Bridging visa A from the student application does not hold a substantive visa at lodgement. The partner application is therefore usually also an application for a Bridging visa C, provided the person has not held a Bridging visa E since last holding a substantive visa and meets the other requirements in item 1303 of Schedule 1.

Department policy explains what happens next. Where a person holds a Bridging visa A from one application and is granted a Bridging visa C for a later application, the Bridging visa C is out of effect while the Bridging visa A remains in effect, because the Bridging visa A is the more beneficial visa under regulation 2.21. When the student Bridging visa A ceases, the Bridging visa C from the partner visa after student visa refusal comes into effect.

If you were unlawful when you lodged, or had already held a Bridging visa E, the outcome may be different. The partner visa bridging visa explained in the Subclass 820 work rights article covers the general rules.

Work rights on the partner Bridging visa C

A Bridging visa C granted for a partner application usually carries condition 8101, which prohibits work, because onshore partner applicants are not in the excepted classes in clauses 030.611 to 030.613. This surprises many people who expected the nil conditions that a partner applicant receives on a Bridging visa A. Those nil conditions apply only to a Bridging visa A or Bridging visa B granted for the partner application, and a partner visa after student visa refusal lodged without a substantive visa does not produce a Bridging visa A.

A Bridging visa C holder can apply for a further Bridging visa C without condition 8101 by showing a compelling need to work, which regulation 1.08 defines by reference to financial hardship. This is one of the most practical consequences of a partner visa after student visa refusal, and it should be part of the decision about timing. Couples should plan their finances for the possibility that the applicant cannot work for a period after the student Bridging visa A ends.

Travel on the partner bridging visa

Only a Bridging visa B allows you to leave and return, and only a person who holds a Bridging visa A or Bridging visa B can be granted one. A Bridging visa C holder cannot obtain a Bridging visa B. In practice, a person who lodges a partner visa after student visa refusal and moves onto a Bridging visa C should plan on staying in Australia until the partner visa is decided, unless the situation is urgent and advice has been obtained.

Does Schedule 3 Apply to a Partner Visa After Student Visa Refusal?

Usually yes. Schedule 3 applies to a Subclass 820 applicant who does not hold a substantive visa at the time of application, and a person holding only the Bridging visa A from a refused student application does not hold a substantive visa. Under subparagraph 820.211(2)(d)(ii), that applicant must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying them.

This is the part of a partner visa after student visa refusal that is most often misunderstood. Many refused students assume that because they are lawful on a bridging visa, they are not "unlawful" and Schedule 3 cannot touch them. The Department's own Schedule 3 instruction is titled "Additional criteria applicable to unlawful non-citizens and certain bridging visa holders". The test in clause 820.211 asks whether you held a substantive visa when you applied. A bridging visa does not count. The Schedule 3 criteria article explains the criteria in full.

Criterion 3001 and the 28 day window

Criterion 3001 sets a time limit. For most applicants, the relevant day is the last day they held a substantive visa. The application must be lodged within 28 days after that day. The Department's Schedule 3 policy states that the first of the 28 days is the day after the last day the visa was held, and that if the 28th day falls on a weekend or a public or bank holiday in a place where the application could have been made, the period runs to the next business day.

For a partner visa after student visa refusal, the critical date is not the refusal date. It is the date your last substantive visa ended. If your earlier Student visa expired while the new student application was being processed, and you have been on the Bridging visa A for months, the 28 days ended long ago. Lodging quickly after the refusal does not restart the clock.

Lodging within 28 days satisfies criterion 3001 only. Criteria 3003 and 3004 can still apply unless they are waived, so a person who is still inside the window must address those criteria as well.

Criteria 3003 and 3004

Criteria 3003 and 3004 contain several elements that must all be satisfied. In summary, the decision maker must be satisfied that the applicant became a person without a substantive visa because of factors beyond their control, that there are compelling reasons for granting the visa, that the applicant substantially complied with the conditions of their last substantive visa and any later bridging visa, and that the applicant would have been entitled to the visa had they applied while holding a substantive visa, among other matters.

The Schedule 3 policy stresses causation. It is not enough that factors beyond the applicant's control existed. Those factors must have caused the applicant to become a person without a substantive visa. A student who was refused because the Department was not satisfied about their study intentions will usually find it hard to show that the loss of status was beyond their control. That is why most partner visa after student visa refusal cases that are caught by Schedule 3 turn on the compelling reasons waiver rather than on the criteria themselves.

The compelling reasons waiver

Subparagraph 820.211(2)(d)(ii) allows the Schedule 3 criteria not to be applied where there are compelling reasons. Compelling reasons are assessed at the time of decision, so the evidence can and should be updated while the partner application is pending.

Department policy is strict. It states that, as a general rule, a genuine relationship and the hardship of separation if the applicant had to leave and apply offshore are not compelling reasons, because a genuine relationship forms the basis of every partner application and separation hardship is common. The policy also says it is reasonable to expect that compelling reasons exist where circumstances beyond the applicant's control led them to lose status or prevented them from becoming lawful, and that where there is an Australian citizen child with a demonstrable link to the applicant, a decision may be made to waive Schedule 3 in the best interests of the child.

For a partner visa after student visa refusal, relevant circumstances can include the history of the student application, compliance with study and work conditions, the length and depth of the relationship, children, the health or circumstances of the Australian partner, and the practical difficulty of applying offshore. Each case turns on its own facts. The Schedule 3 partner visa waiver article and the Schedule 3 waiver service page explain how waiver submissions are built.

Why a refused student is not in the worst Schedule 3 position

Department policy gives an example of a case where compelling reasons may not exist: an applicant who has remained unlawful for years, made little effort to become lawful, and relies only on a long relationship and separation hardship. A person seeking a partner visa after student visa refusal is often in a different position. They held visas continuously, applied for a further visa before their last visa expired, and remained lawful on a bridging visa throughout. That history does not guarantee a waiver, but it is relevant, and it should be documented rather than assumed.

No Further Stay Conditions: 8503, 8534 and 8535

A no further stay condition on any visa you have held since you last entered Australia can make a partner visa after student visa refusal invalid, even if that visa has long since ceased. Subsection 46(1A) of the Act prevents a valid application for most substantive visas by a person who holds, or has held since last entering Australia, a visa subject to such a condition, unless the condition has been waived.

The Department's instruction on these conditions is direct. A no further application condition continues to apply even if the visa to which it was attached has ceased to be in effect, and it applies to former visa holders, including bridging visa holders. It ceases to have effect only when the person leaves Australia, or if it is waived.

Which conditions matter for former students

Four conditions are listed in Schedule 8 as "no further application" conditions:

• Condition 8503 prevents the grant of a substantive visa other than a protection visa while the holder remains in Australia. It is common on certain visitor visas. A student who first entered Australia on a visitor visa with condition 8503 and then obtained a Student visa onshore should check how that was done, because the condition may still be relevant.
• Condition 8534 limits the holder to a protection visa, a Subclass 485 or a Subclass 590 visa while in Australia. It may be imposed on a discretionary basis on a Subclass 500 Student visa.
• Condition 8535 applies to certain government-sponsored students, such as Foreign Affairs and Defence students.
• Condition 8540 applies to certain Subclass 462 Work and Holiday visas.

None of these conditions lists the Subclass 820 as an exception. If one applies, the partner visa after student visa refusal cannot be validly made until the condition is waived.

The waiver

Subsection 41(2A) of the Act allows a no further stay condition to be waived in prescribed circumstances. For condition 8503, subregulation 2.05(4) requires compelling and compassionate circumstances that developed after the visa was granted, over which the holder had no control, and which resulted in a major change to their circumstances. Department policy states that marrying or starting a de facto relationship with an Australian is generally not a matter outside the holder's control. A separate waiver provision applies to condition 8534. The Subclass 820 and condition 8503 article explains the waiver process.

Check your visa grant notices and VEVO record for every visa held since your last arrival before any partner visa after student visa refusal is prepared. A no further stay condition does not stop a bridging visa application, but a bridging visa only flows from a valid substantive application, so an invalid partner application gives you no new bridging visa at all.

ART Review or Partner Visa After Student Visa Refusal: Which Should Come First?

Both can often be pursued, and the right order depends on the merits of the student refusal, your bridging visa, your Schedule 3 position and what you want long term. ART review keeps the student Bridging visa A alive while the Tribunal decides, and may restore your student pathway if the refusal was wrong. A partner visa after student visa refusal opens a permanent pathway based on the relationship. Lodging one does not prevent the other.

This decision should be made within days, not weeks, because the review deadline is short and strictly applied. It runs from notification of the decision, and the Tribunal has no power to extend it. This section is written for people who are still within that time.

Option one: seek ART review of the student refusal

A refusal of a Student visa made in Australia is generally reviewable by the ART, and the review applicant must be in Australia when the review application is made. The Tribunal reconsiders the application afresh and can affirm the refusal, set it aside and substitute a new decision, or remit it to the Department. The ART review guide explains the process, and the visa appeal lawyer guide explains how review matters are prepared.

Review makes sense where the student refusal was genuinely wrong and you want to continue studying, or where the evidence now available would answer the reason for refusal. While the review is pending, your student Bridging visa A continues, and with it your existing work conditions. A Tribunal application fee is payable to the Tribunal. Review should not be lodged only to buy time. It should be lodged because there is a real case.

Review does not by itself solve the partner pathway. While the review is pending, you still do not hold a substantive visa and section 48 still applies to you. A partner visa after student visa refusal lodged during the review is still subject to paragraph 1124B(3)(e) and, usually, to Schedule 3.

Option two: lodge the partner visa without review

Where the student refusal has little merit on review and the relationship is well established, many couples move directly to a partner visa after student visa refusal. The application is lodged with the section 48 requirements in place, the Bridging visa C is granted, and the student Bridging visa A runs out on its own timetable.

The trade-off is the bridging visa. Once the student Bridging visa A ceases, the partner Bridging visa C usually comes into effect with condition 8101, and the applicant cannot work unless a further Bridging visa C without that condition is granted. The applicant also cannot obtain a Bridging visa B for travel. These consequences should be understood before the decision not to seek review is made.

Option three: do both

Some couples seek ART review of the student refusal and also lodge a partner visa after student visa refusal. This can preserve the student Bridging visa A, and its work conditions, for longer, while the partner application is processed. It also keeps a student pathway open if the review succeeds.

Doing both means two sets of Government charges, two applications to manage and two sets of correspondence. It also means each application must be internally consistent. Statements made to the Tribunal about study intentions and statements made to the Department about the relationship will be read together. They must both be true. The partner visa refused appeal options article explains how review strategy is considered in partner matters.

What not to do

The most damaging mistakes in a partner visa after student visa refusal are made in the first fortnight after the student decision:

• Lodging a partner visa without the section 48 requirements. The application is invalid, no new bridging visa arises, and time is lost.
• Leaving Australia on the student Bridging visa A. The bridging visa ceases on departure and the review right may be lost.
• Assuming the bridging visa period is the review deadline. It is not. The review deadline is shorter.
• Lodging a new Student visa application. A further Student visa is generally not available to a person subject to section 48.
• Withdrawing anything without advice. Withdrawal of a review application has its own bridging visa consequences.

What Tribunal Decisions Show About Bridging Visa Holders and Schedule 3

Tribunal decisions show that the hardest part of a partner visa after student visa refusal is rarely the relationship. It is Schedule 3, because the applicant held only a bridging visa, sometimes for a long period, when the partner application was lodged. The following decisions come from matters where the Tribunal set aside the partner visa refusal and remitted the application to the Department. A remittal means the matter is sent back for the Department to reconsider. It is not a grant.

The issues listed are the issues the decisions were reported on:

• Namsombun (Migration) [2020] AATA 2611 (Subclass 820): the application was made more than 28 days after the last substantive visa was held, and the applicant held a bridging visa pending review of the refusal of a further student visa.
• Yuan (Migration) [2024] AATA 3638 (Subclass 820): the application was made more than 28 days after the last substantive visa was held, a bridging visa was later granted in association with another review application, and cumulative factors were considered.
• Bamba (Migration) [2020] AATA 1868 (Subclass 820): the applicant was on a bridging visa after lengthy unlawful residence, the application was lodged more than 28 days after the applicant last held a substantive visa, and waiver of the criterion was considered.
• 1814075 (Migration) [2020] AATA 3700 (Subclass 820): the application was made more than 28 days after the last substantive visa was held, there were two periods of unlawful residence and bridging visas, and the length of the relationship was considered.
• 1814675 (Migration) [2020] AATA 3017 (Subclass 820): the application was made more than 28 days after the last substantive visa was held, following cancellation of a student visa and a lengthy unlawful stay, and the sponsor's mental health was considered.

These decisions were made by the Administrative Appeals Tribunal before the ART replaced it on 14 October 2024. They show the kinds of circumstances the Tribunal examined in each case. They do not establish that any particular fact will be accepted as compelling in a later partner visa after student visa refusal. What they do show is that a bridging visa held after a student refusal does not avoid Schedule 3, and that the outcome turned on the evidence of the applicant's whole circumstances.

What to Do in the First Days After a Student Visa Refusal

In the first days after a student visa refusal, the priority is to protect your options: confirm your status, record the review deadline, check for barriers to a partner application and decide on a strategy before any deadline passes. A partner visa after student visa refusal prepared calmly in the first week is far stronger than one lodged in a rush on the last day.

A practical sequence:

• Read the refusal letter on the day it arrives. Note the date of the decision, the date of notification and the review deadline stated in the letter. Do not rely on memory or on what a friend was told.
• Check VEVO. Confirm whether you still hold a substantive visa or only the Bridging visa A, and what conditions apply. If a substantive visa is still in effect, your partner visa options may be wider than a section 48 case.
• Check your visa history since your last arrival. Look for condition 8503, 8534 or 8535 on any visa held since you last entered Australia. My Migration Lawyers obtains the visa history from Department and VEVO records, so you do not need to find old grant notices yourself.
• Do not leave Australia. Leaving can end the bridging visa and the review right, and it does not reset section 48 while you hold a bridging visa.
• Decide on review. Have the merits of the student refusal assessed before the deadline. If review is appropriate, lodge it in time.
• Prepare the section 48 documents. The Australian partner completes and signs the sponsorship form. Two eligible Australians who know the couple prepare their supporting statements, timed to fall within six weeks before lodgement.
• Gather relationship evidence. Collect evidence across the four aspects of the relationship. The partner visa relationship evidence guide and the evidence checklist for 2026 list what is usually needed.
• Assess Schedule 3. Work out when your last substantive visa ended, and gather evidence of any compelling reasons, before lodging.

If you need help urgently, the urgent immigration advice guide explains what to have ready for a first consultation.

Evidence for a Partner Visa After Student Visa Refusal

The evidence for a partner visa after student visa refusal has three layers: the validity documents required by section 48, the evidence of a genuine and continuing relationship, and the evidence relevant to Schedule 3. Each layer serves a different legal test, and missing any one of them can defeat the application.

Validity documents

The validity documents are the completed sponsorship form signed by the Australian partner and the two supporting statements from eligible Australians, made within the six week window. These must be ready on the day of lodgement. They cannot be added later to fix an invalid application.

Relationship evidence

The relationship is assessed on the four aspects in regulation 1.15A for spouses and regulation 1.09A for de facto partners: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Couples whose relationship developed while one partner was studying often have strong evidence of shared living arrangements and social life, but need to show shared finances and commitment clearly. The guide to preparing evidence of a genuine relationship and the Form 888 examples article explain how the social aspects are usually supported.

Schedule 3 evidence

Schedule 3 evidence explains why you did not hold a substantive visa and why there are compelling reasons for not applying the criteria. For a partner visa after student visa refusal, this usually includes the history of your student visas, evidence of compliance with study and work conditions, the timing of the student application, the circumstances of the Australian partner, any children, and the practical consequences of applying offshore. The Subclass 820 vs Subclass 801 comparison explains why the Subclass 820 decision is the one that matters for Schedule 3.

How long a partner visa after student visa refusal takes

Processing of a partner visa after student visa refusal follows the ordinary onshore timetable once the application is valid, but Schedule 3 issues can add time because the decision maker must consider the waiver. The Subclass 820 processing time article and the article on how long the onshore partner visa takes explain the general picture. Evidence of compelling reasons should be kept current throughout, because a partner visa after student visa refusal is decided on the circumstances at the time of decision.

Character and health requirements also apply. The Department may ask for police certificates and health examinations, and the Form 80 guide explains the personal particulars form often requested. Requests should be answered on time. A section 56 request for more information or a section 57 natural justice letter is often the last chance to address a concern before a decision.

Common Mistakes in a Partner Visa After Student Visa Refusal

The common mistakes in a partner visa after student visa refusal are predictable, and almost all of them are made before lodgement:

• Treating the case as an ordinary onshore application. The section 48 validity requirements are missed and the application is invalid.
• Dating the supporting statements too early. A statement made more than six weeks before lodgement does not meet the requirement.
• Ignoring Schedule 3. Applicants assume a bridging visa protects them and lodge without any compelling reasons evidence.
• Missing an old no further stay condition. A condition on a visitor visa from years earlier can still make the application invalid.
• Inconsistent accounts. Statements in the student application, the review and the partner application contradict each other about living arrangements or intentions. Inconsistency invites a finding under the integrity criterion, public interest criterion 4020.
• Losing the review right by waiting. The review deadline passes while the couple is still deciding.

The reasons partner applications fail more generally are explained in why partner visas get refused. Many of those reasons are amplified in a partner visa after student visa refusal, because the Department already holds a file on the applicant and will compare it with the new application. Couples weighing whether to prepare the application themselves can read the comparison of using a partner visa lawyer and doing it yourself, and the guide to choosing a partner visa lawyer. If a representative is appointed, the Department communicates through them under the arrangements explained in the Form 956 and 956A article.

If an application has already been lodged and you are worried about it, the article on hiring a lawyer after lodgement and the second opinion guide explain how a lawyer can review the file. You must also tell the Department about changes in circumstances, usually using Form 1022. If the relationship ends after lodgement, the Subclass 820 relationship breakdown article and the family violence provisions explain the options.

How My Migration Lawyers Helps With a Partner Visa After Student Visa Refusal

My Migration Lawyers handles a partner visa after student visa refusal as a status and validity problem first, and a relationship application second. The firm deals with complex onshore cases, acts in many matters where a student refusal, section 48 and Schedule 3 meet, and is equipped to manage both the review question and the partner application at the same time.

In a typical partner visa after student visa refusal matter, the firm works through these steps:

• Confirms status and deadlines on the first day. The firm reviews the refusal decision, records the review deadline and the bridging visa position, and checks VEVO and the client's visa history from Department records, including any condition 8503, 8534 or 8535.
• Assesses the student refusal on its merits. The firm advises whether ART review has real prospects, what it would achieve, and how it would affect the bridging visa and work rights.
• Assesses the partner pathway. The firm confirms that regulation 2.12 and paragraph 1124B(3)(e) can be met, that no partner visa has been refused since the last entry, and whether the relationship meets the spouse or de facto requirements at the planned lodgement date.
• Assesses Schedule 3. The firm identifies the date the last substantive visa ended, whether criterion 3001 can be met, and what evidence exists for criteria 3003 and 3004 or for compelling reasons not to apply them.
• Prepares a valid application. The firm coordinates the Australian partner's sponsorship form and the timing of the two supporting statements, reviews the client's own relationship evidence and statements, and lodges the combined Subclass 820 and Subclass 801 application.
• Manages the bridging visa and the review together. Where both review and a partner visa after student visa refusal are pursued, the firm keeps the accounts consistent and monitors the bridging visa position until the matter is resolved.

Matters are supervised by Weiwei Zhang, Principal Lawyer. No outcome can be promised in any migration matter, but early, accurate advice on a partner visa after student visa refusal prevents the avoidable errors that cause most invalid applications. You can read more about My Migration Lawyers, its partner visa lawyers, its work on visa refusals and, where needed, judicial review. The guide on what to expect from a consultation explains the first meeting.

The firm acts for clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Consultations are held by video, so location is no barrier. Clients who also have other visa questions can contact the firm's immigration lawyers in Sydney, Melbourne, Brisbane and Perth. Every partner visa after student visa refusal handled by the firm starts with the same question: what can be validly lodged, and when.

If your student visa has just been refused and you are in a genuine relationship with an Australian partner, speak to a lawyer before the review deadline passes and before anything is lodged.

Book a consultation with My Migration Lawyers to have your partner visa after student visa refusal options assessed. You can also call 1300 040 300.