Partner Visa After Visa Cancellation

A partner visa after visa cancellation is available to many people whose own visa has been cancelled in Australia, but not to everyone. Whether you can lodge a partner visa after visa cancellation depends on the ground the Department used to cancel your visa, the visa you hold now and the timing of each step.

Many people assume that a cancellation ends their chance to stay in Australia with their partner. That is not the law. A student visa cancelled for a breach of conditions, a visitor visa cancelled for working, or a skilled visa cancelled because the information in the application was found to be incorrect does not, by itself, prevent a partner visa. A cancellation on character grounds is different and far more serious. This guide explains each situation, so that a couple can see where they stand before they act. Our visa cancellation lawyers page explains how My Migration Lawyers responds to the cancellation itself, and our complete guide to partner visas in Australia explains every partner visa subclass.

This article is about the applicant's own visa being cancelled. It covers the cancellation grounds and why they matter, section 48 and the extra steps it requires, the stricter rules after a section 501 character cancellation, bridging visas, Schedule 3, exclusion periods, review at the Administrative Review Tribunal (ART), disclosure, credibility, relationship evidence and timing. If your visa was refused rather than cancelled, our article on applying for a partner visa after a visa refusal deals with that situation.

Can you apply for a partner visa after visa cancellation in Australia?

Yes, in most cases you can apply for a partner visa after visa cancellation in Australia, provided the cancellation was not made on character grounds under section 501 and you meet the additional requirements that apply to people who no longer hold a substantive visa. The onshore partner visa is lodged as one combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa.

The Department's own policy for the Subclass 820 visa states that a person who is subject to section 48 of the Migration Act 1958 may apply for a Subclass 820 and a Subclass 801 visa, because the partner class is prescribed in regulation 2.12 of the Migration Regulations 1994. That is the starting point for every partner visa after visa cancellation. It is also why the cancellation does not automatically end the relationship pathway.

The starting point is not the end point. Four further questions decide whether a particular person can lodge a valid partner visa after visa cancellation:

• What was the ground of cancellation, and was it made under section 109, section 116, section 501 or another power?
• Does the person still hold a substantive visa, or are they on a bridging visa or unlawful?
• Has the person left Australia since the cancellation, and if so, how and when?
• Is the cancellation under review, or could it still be reviewed?

The answers to those four questions decide the validity of the application, the criteria the applicant must meet and the order in which the steps should be taken. A partner visa after visa cancellation that is lodged without those answers can be invalid, and an invalid application does not give the applicant a bridging visa or any protection. Our guide to who can lodge an onshore partner visa explains the general rules that sit behind this article.

Why the cancellation ground matters for a partner visa after visa cancellation

The cancellation ground matters because each cancellation power in the Migration Act 1958 carries different consequences for review rights, for later visa applications and for how the Department will look at the applicant's credibility. Two people whose visas were both "cancelled" can be in completely different positions when they apply for a partner visa after visa cancellation.

The cancellation notice states the power used and the reasons for the decision. That notice is the most important document in any partner visa after visa cancellation matter. Where the notice is lost, My Migration Lawyers obtains the visa history and the decision record from the Department itself, so the client does not need to find old paperwork.

Section 109: cancellation for incorrect information

Section 109 allows the Department to cancel a visa where the holder did not comply with their obligation to give correct information, for example in the visa application or in a passenger card. Section 109 cancellations are common where the Department finds that an earlier statement about study, employment, marital status or travel history was not correct.

A section 109 cancellation does not, by itself, prevent a partner visa after visa cancellation. It does, however, place the applicant's honesty at the centre of the later application. The same facts that led to the cancellation may be raised again under public interest criterion (PIC) 4020, which is discussed below. Departmental policy also records that where a section 109 cancellation is set aside on review, the visa is taken never to have been cancelled. That is one reason why the review option deserves serious attention.

Section 116: general cancellation grounds, including breach of conditions

Section 116 is the general cancellation power. It is used where the Department is satisfied that one of the listed grounds exists, such as a breach of a visa condition, a change in the circumstances on which the visa was granted, or a risk to the health, safety or good order of the community. A student who stopped attending classes, a visitor who worked, or a sponsored worker whose employment ended are common examples.

Most people who apply for a partner visa after visa cancellation had their visa cancelled under section 116. Section 116 does not, by itself, stop a later partner visa. The ground still matters. A breach of conditions may become relevant again if the applicant needs to meet Schedule 3, because criterion 3003 asks whether the applicant substantially complied with the conditions of their last substantive visa. Our page on student, visitor and skilled visa cancellations explains how section 116 decisions are made and challenged.

Section 501: character cancellations

Section 501 allows a visa to be cancelled on character grounds, including where the holder has a substantial criminal record. Some section 501 cancellations are mandatory and some are discretionary. A character cancellation is the most serious form of cancellation for anyone who wants a partner visa after visa cancellation, because section 501E generally prevents the person from applying for any other visa in Australia except a protection visa or a Bridging R visa.

The stricter section 501 position is explained in its own section below. The short point is that a person whose visa was cancelled under section 501 should not lodge any partner visa application without advice on the character decision first.

Automatic cancellation of some student visas

Some student visas can be cancelled by operation of law under section 137J. There is no direct right to seek merits review of that automatic cancellation, but a decision not to revoke it under section 137L can be reviewable. A student in that position faces the same section 48 and Schedule 3 questions as any other person applying for a partner visa after visa cancellation, and the revocation route should be considered at the same time.

Cancellation outside Australia or at the airport

A visa can also be cancelled while the holder is outside Australia or in immigration clearance at an airport. Review rights and later options differ in those cases. Our visa cancellations service page explains the cancellation process generally. This article focuses on the most common situation: a visa cancelled while the holder is in Australia.

Section 48 and a partner visa after visa cancellation

Section 48 of the Migration Act 1958 applies to a person who is in Australia, does not hold a substantive visa, and has had a visa cancelled or refused since they last entered Australia. A person to whom section 48 applies can only apply for the visa classes prescribed in regulation 2.12. The partner class is one of those classes, so a partner visa after visa cancellation remains available, but only if additional validity requirements are met.

A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. After a cancellation, most people hold only a bridging visa, or no visa at all. That is why section 48 applies to almost everyone who wants a partner visa after visa cancellation. Our article on what happens when an application is affected by section 48 explains the same bar in the refusal context.

The extra requirements for section 48 applicants

Departmental policy for the Subclass 801 visa explains that a person to whom section 48 applies must meet additional requirements at the time of application, set out in paragraph 1124B(3)(e) of Schedule 1. In summary:

• The sponsorship form completed and signed by the Australian partner must be provided at the same time as the application. Other applicants can lodge the sponsorship afterwards. A section 48 applicant cannot.
• Two statutory declarations must be provided with the application. Each must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, must declare that the applicant and the partner are in a married or de facto relationship, and must have been declared within a short period before the application is made.

Departmental policy describes these requirements as a higher threshold for section 48 applicants, designed to protect the integrity of the partner visa program. If either requirement is missed, the application for a partner visa after visa cancellation is not valid. This is one of the few situations in partner visa work where statutory declarations, rather than ordinary Form 888 supporting statements, are expressly required at lodgement, and the timing of the declarations must be planned so that they fall within the permitted window.

Leaving and returning on a bridging visa does not reset section 48

Section 48(3) provides that a person who leaves and re-enters Australia while holding a bridging visa is treated as having been continuously in Australia. A short trip on a Bridging Visa B does not remove the section 48 bar. People sometimes believe that travelling overseas and returning will give them a fresh start before they lodge a partner visa after visa cancellation. Under section 48(3), it does not.

Dependent children

Departmental policy states that where a section 48 applicant meets the additional requirements, an application by their dependent child can also be valid. Each family member's own visa history must still be checked, because a child may hold a different visa from the parent. Our partner visa document checklist lists the documents usually needed for each family member.

Character cancellations: the stricter position under section 501E

A person whose visa was cancelled under section 501, 501A or 501B generally cannot apply for a partner visa after visa cancellation in Australia, because section 501E prevents them from applying for any visa other than a protection visa or a Bridging R visa while they remain in the migration zone. Departmental bridging visa policy confirms that position in plain terms. For a character cancellation, the partner visa question is therefore usually a question about the character decision itself.

Revocation and review come first

Where a visa is cancelled under the mandatory provision in section 501(3A), there is no ART review of the cancellation itself. The person can instead ask for the cancellation to be revoked under section 501CA(4), and a decision not to revoke is reviewable at the ART. Where a delegate made a discretionary section 501 cancellation while the person was in Australia, the person may apply to the ART for review of that decision. In each case, the time limits are short and strictly applied.

The relationship with an Australian partner is often highly relevant to a revocation request or a character review, because family ties and the interests of Australian citizens are matters decision makers consider. In practice, the strength of the relationship is put to work in the character process, rather than in a partner visa after visa cancellation that the law does not allow to be lodged.

Character cancellations and an offshore partner visa

Leaving Australia does not solve a section 501 problem. The offshore Subclass 309 and Subclass 300 visas require applicants who have previously been in Australia to satisfy special return criterion (SRC) 5001. Departmental policy on exclusion periods states that SRC 5001 cannot be satisfied where the person's visa was cancelled under section 501, 501A or 501B and the cancellation has not been revoked, unless the Minister has later granted the person a permanent visa. There is no waiver. That makes the outcome of the revocation or review decisive for any future partner visa after visa cancellation on character grounds.

Character refusals compared with character cancellations

SRC 5001 is directed at cancellations and deportations. Departmental policy notes that it does not apply where a visa was refused, rather than cancelled, on character grounds. The difference between a refusal and a cancellation therefore has real consequences, and the decision record must be read carefully. Our page on visa refusals and ART appeals explains the refusal side.

Your bridging visa after a cancellation

After a visa is cancelled in Australia, the former holder usually becomes unlawful unless they hold, or are granted, a bridging visa. A Bridging Visa E is the bridging visa most commonly granted after a cancellation. Departmental policy describes the Bridging Visa E (Subclass 050) as a visa that allows an unlawful non-citizen to remain lawfully in Australia temporarily for a specific purpose.

The Department's policy lists those purposes. They include pursuing merits or judicial review of the decision to cancel the visa, waiting for a substantive visa application made in Australia to be decided, and making arrangements to leave Australia. The Department's policy also states that where a person does not seek review of a cancellation, officers are to consider granting a Bridging Visa E to keep the person lawful while departure arrangements are made or while the person makes a further substantive visa application. A partner visa after visa cancellation is such an application.

Bridging visa conditions

A Bridging Visa E can carry conditions, including conditions about work, reporting and residence. Where the person has applied for review of a cancellation, the policy states there are no mandatory conditions and the decision maker chooses the conditions in light of the person's circumstances. The grant notice and the VEVO record show the conditions that apply. Anyone planning a partner visa after visa cancellation should check those conditions before relying on them. Our article on bridging visas in Australia explains the Bridging Visa A, B, C and E.

What happens to the bridging visa when the partner visa is lodged

A valid partner visa after visa cancellation can support a bridging visa linked to that application. Because the applicant does not hold a substantive visa when they lodge, the bridging visa will generally not be a Bridging Visa A of the kind described in our article on Bridging Visa A work rights and travel. The type of bridging visa granted, its conditions and whether the applicant can work depend on the applicant's circumstances. Our guide to working while waiting for a Subclass 820 visa explains work rights in the partner visa context.

Travel after a cancellation

Travel is where many people make an avoidable mistake. Leaving Australia on a Bridging Visa E, or while unlawful, can have consequences for later visas, and returning may require a new visa that is difficult to obtain. A person who is considering a partner visa after visa cancellation should not book travel without advice. Where travel is genuinely needed after a partner visa is lodged, the rules for a Bridging Visa B should be checked against the applicant's actual bridging visa.

Schedule 3 and a partner visa after visa cancellation

An applicant who does not hold a substantive visa when they lodge must meet the Schedule 3 criteria 3001, 3003 and 3004, unless the Department is satisfied that there are compelling reasons for not applying those criteria. That rule comes from paragraph 820.211(2)(d) of the Migration Regulations 1994. Almost every person who applies for a partner visa after visa cancellation is in that position, so Schedule 3 is usually the central legal issue in the application.

What the Schedule 3 criteria ask

In general terms:

• Criterion 3001 concerns the timing of the application, measured from when the applicant last held a substantive visa or last became unlawful.
• Criterion 3003 asks, among other things, whether the applicant substantially complied with the conditions of their last substantive visa, and whether they would have been entitled to the visa had they applied before it ceased.
• Criterion 3004 concerns applicants whose unlawful status arose from factors beyond their control, and whether there are compelling reasons for granting the visa.

A cancellation for breach of conditions creates an obvious difficulty under criterion 3003. If the last substantive visa was cancelled because the holder did not comply with its conditions, the applicant may not be able to show substantial compliance. The timing criterion 3001 may also be difficult where months have passed since the cancellation. Our page on the Schedule 3 criteria for partner visa applicants explains each criterion in more detail.

Compelling reasons for not applying Schedule 3

Where the criteria cannot be met, a partner visa after visa cancellation depends on persuading the Department that there are compelling reasons for not applying them. The compelling reasons are assessed at the time of decision and on the facts of each case. Matters commonly put forward include the length and strength of the relationship, children of the relationship, particularly Australian citizen children, the sponsor's health and circumstances, and the hardship that separation or an offshore application would cause.

The reason for the cancellation is part of that picture. A decision maker will usually look at how the applicant came to lose their visa, what they did afterwards and whether they have been open with the Department. A frank account of the cancellation is generally more persuasive than one that minimises it, and a partner visa after visa cancellation that explains the history openly is easier to assess. Our article on the Schedule 3 partner visa waiver explains how the compelling reasons case is presented, and our Schedule 3 waiver service page explains how My Migration Lawyers prepares one.

Applying while the cancellation is still under review

If a person seeks ART review of the cancellation, they no longer hold the cancelled visa while the review is pending. Their bridging visa is not a substantive visa. A partner visa lodged during the review therefore still faces section 48 and Schedule 3. If the ART later sets the cancellation aside, the position changes, and the effect on the pending partner visa must then be reassessed.

Do exclusion periods apply to a partner visa after visa cancellation?

No, the PIC 4013 and PIC 4014 exclusion periods are not criteria for the grant of a partner visa. The Department's policies for the Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 visas list the public interest criteria for each visa, and PIC 4013 and PIC 4014 are not among them. This is one of the points most often misstated about a partner visa after visa cancellation.

What PIC 4013 and PIC 4014 do for other visas

PIC 4013 imposes an exclusion period on some visas after certain cancellations, including cancellations for incorrect information under section 109 and cancellations on some section 116 grounds. PIC 4014 applies to some visas where the person previously left Australia while unlawful, or while holding a Bridging Visa C, D or E, unless an exception applies. Those criteria matter if the person later applies for a visa that includes them, such as a visa to visit Australia while a partner visa is processed offshore. They are not partner visa criteria.

The special return criteria do apply offshore

The offshore partner visas are different in one important respect. The Subclass 309 and Subclass 300 visas require applicants who have previously been in Australia to satisfy SRC 5001 and SRC 5002. SRC 5001 is the permanent bar after a section 501 cancellation that has not been revoked, discussed above. SRC 5002 applies where the person was removed from Australia, and it can be waived where compelling or compassionate circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen justify the grant. A person who is removed after a cancellation therefore faces a further hurdle before an offshore partner visa after visa cancellation can be granted.

Leaving voluntarily compared with being removed

Departure arrangements matter. A person who leaves Australia voluntarily, with a Bridging Visa E granted for that purpose, is in a different position from a person who is located, detained and removed. Where an onshore partner visa after visa cancellation is not available, or not advisable, the manner of departure should be planned with an offshore Subclass 309 partner visa in mind.

Reviewing the cancellation at the ART, applying for a partner visa, or both

Most people whose visa was cancelled in Australia under section 109 or section 116 can seek review of the cancellation at the Administrative Review Tribunal, and they can also lodge a partner visa after visa cancellation. The two options are not mutually exclusive. The choice is about order, timing and risk, not about choosing one and abandoning the other.

Who can seek review of a cancellation

Departmental policy on merits review confirms that a decision to cancel the visa of a person who is in the migration zone at the time of the decision is generally a reviewable decision, and that this includes cancellations under section 109 and section 116. The person must be in Australia when they apply for review. Some decisions are excluded, including cancellations made at a time when the person was in immigration clearance and certain decisions made personally by the Minister. The review deadline is short and strictly applied. The ART cannot accept a late application, so the deadline must be identified from the notice on the day it is received.

Why review can matter even when a partner visa is planned

A successful review can restore the cancelled visa. Departmental policy notes that where a section 109 cancellation is set aside, the visa is taken never to have been cancelled. If the cancellation is set aside, the person may again hold a substantive visa, which can remove the section 48 and Schedule 3 issues from a later partner visa. A successful review also removes the cancellation as a negative fact in the person's history. Our guide to what to expect in an ART review and our article on when you need a visa appeal lawyer explain the review process.

Why a partner visa can matter even when a review is lodged

A review takes time and may fail. A partner visa after visa cancellation lodged during the review gives the couple a second pathway that does not depend on the review outcome. It also means that the relationship is formally before the Department. Against that, a partner visa after visa cancellation must still satisfy section 48 and Schedule 3, and the applicant's statements in the two processes must be consistent.

Doing both in the right order

In many cases the practical approach is to lodge the ART review within the deadline, to preserve it, and then to prepare a partner visa after visa cancellation carefully, with the section 48 documents and the Schedule 3 case in order. In other cases, where the cancellation ground is strong and the relationship evidence is substantial, the partner visa may become the main pathway. The answer depends on the cancellation reasons, the evidence and the couple's circumstances. Where the ART affirms the cancellation, further options may include judicial review where there is a legal error.

Disclosing the cancellation in the partner visa application and Form 80

The cancellation must be disclosed in the partner visa application, and every answer about immigration history must be accurate. The application form asks about previous visa refusals and cancellations, and the Department already holds its own record of the cancellation. A partner visa after visa cancellation that leaves the cancellation out, or describes it inaccurately, gives the Department a new reason for concern.

Form 80 and the immigration history

The Department commonly requests Form 80, the personal particulars form used for character assessment, from partner visa applicants. It asks for travel history, addresses, employment and previous visa applications. For someone applying for a partner visa after visa cancellation, the Form 80 must match the Department's movement records, the cancellation decision and the earlier visa applications. Our guide to completing Form 80 without errors explains the form, and our article on responding to a section 56 request explains how the Department asks for it.

Obtaining the record rather than relying on memory

Many applicants do not remember the exact dates of their visas, the reasons in the cancellation notice or the wording of their earlier applications. They should not guess. My Migration Lawyers obtains the visa history through VEVO and the Department's records, and, where appropriate, through a freedom of information request, so that the application is based on the record rather than on recollection.

Changes after lodgement

Every change of circumstances after lodgement must be notified, generally through Form 1022. That includes a decision by the ART on the cancellation review, a new bridging visa, a change of address and a change in the relationship.

Credibility and PIC 4020 after an incorrect information cancellation

PIC 4020 is a criterion for the Subclass 820 and Subclass 801 visas, and it is the provision most likely to be raised in a partner visa after visa cancellation under section 109. Departmental policy describes PIC 4020(1) as requiring that there is no evidence that the applicant has given a bogus document, or information that is false or misleading in a material particular, in relation to the current application or a visa the applicant held in the period of 12 months before the application was made.

Why the timing of the earlier visa matters

The 12-month window in PIC 4020(1) is important. If the incorrect information was given in relation to a visa the applicant held within the 12 months before the partner visa application, PIC 4020 may be engaged. The cancellation decision and the PIC 4020 assessment are separate. Departmental policy states that PIC 4020 is a criterion for grant, not a ground of cancellation, and that a decision maker must give the applicant an opportunity to comment before finding that PIC 4020 is not met.

The waiver of PIC 4020

PIC 4020 includes a waiver. Departmental policy states that a decision maker may waive the requirements of PIC 4020(1) and 4020(2) where satisfied that compelling circumstances affecting the interests of Australia, or compelling or compassionate circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, justify the grant. In a partner visa after visa cancellation, the Australian sponsor and any Australian citizen children are often central to that waiver case. There is no waiver for the identity requirements of PIC 4020.

Responding to a natural justice letter

Where the Department proposes to refuse a partner visa after visa cancellation on PIC 4020 or credibility grounds, it will usually issue a natural justice letter under section 57. The response should address the specific information relied on, explain the circumstances honestly and, where relevant, put forward the waiver grounds. Our article on responding to a section 57 natural justice letter explains the structure of a response, and our analysis of why partner visas get refused covers the other issues the Department raises.

Relationship evidence in a partner visa after visa cancellation

The relationship evidence must meet the same standard as in any other partner visa, and in practice it is examined closely when the applicant has a cancellation history. The Department assesses whether the relationship is genuine and continuing by reference to four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment.

The relationship statement and supporting evidence

There is one relationship statement, which is the couple's own account of how they met, how the relationship developed, their living arrangements and their plans. In a partner visa after visa cancellation, the statement should deal honestly with the period around the cancellation, because the Department will compare it with the cancellation record. The couple writes the statement in their own words, reviews it and corrects it, and My Migration Lawyers presents it in the form the law requires. Our guide to the partner visa relationship statement explains its structure, and our article on partner visa relationship evidence explains the evidence for each of the four aspects.

The sponsor's part in the application

The Australian partner sponsors the applicant. For a section 48 applicant, the sponsorship must be lodged at the same time as the application. The sponsor's own evidence, their account of the relationship and, where relevant, the effect of separation on them and on any children often form the core of the compelling reasons case under Schedule 3 and the waiver case under PIC 4020. Sponsorship limitations still apply, and our page on partner visa sponsorship limitations explains them.

Supporting statements from people who know the couple

Two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens are a validity requirement for a section 48 applicant. Further supporting statements may also strengthen the application. Our article on Form 888 example answers and common mistakes explains what a supporting witness should cover, and our evidence checklist for the 820 partner visa sets out the documents commonly used.

De facto couples

Where the couple is not married, the de facto relationship requirements apply in the usual way, including the 12-month rule and its exceptions. Our guide to the de facto partner visa and the 12-month rule explains those requirements.

What the Tribunal has looked at in partner visa after visa cancellation cases

The Tribunal decisions recorded in My Migration Lawyers' database of remitted partner visa matters show the kinds of issues that arise when a partner visa follows a cancellation, an unlawful period or a finding about false information. Each decision turned on its own facts. They are cited here only by the issue recorded for them.

• In 1814675 (Migration) [2020] AATA 3017, a Subclass 820 matter, the recorded issue was an application made outside the permitted period after the last substantive visa was held, following the cancellation of a student visa and a lengthy unlawful stay, with the sponsor's mental health also considered. The matter illustrates how a student visa cancellation can lead directly into a Schedule 3 compelling reasons case.
• In Xiao (Migration) [2024] AATA 575, a Subclass 820 matter, the recorded issue was false or misleading information, namely a false claim of a genuine spousal relationship in an earlier partner application, the waiver of the requirement and Australian citizen children. The matter shows the PIC 4020 waiver in operation.
• In PALASIT (MIGRATION) [2026] ARTA 1914, a Subclass 820 matter, the recorded issue was false or misleading information where a previous relationship was not declared, whether there was an element of fraud or deception, and the discretion to waive the criterion.

A separate situation arises where it is the sponsor's visa, not the applicant's, that was cancelled. In Vispo (Migration) [2023] AATA 694 the recorded issue was that the sponsor's permanent visa had been cancelled and the cancellation was later set aside by a differently constituted Tribunal, and in Lei (Migration) [2024] AATA 1166 the sponsor's resident return visa had been cancelled after a criminal conviction and that cancellation was set aside on review.

Timing: what to do first after a cancellation

The first step after a cancellation is to read the cancellation notice, identify the power used and record the review deadline. Everything else in a partner visa after visa cancellation follows from those three facts. A person who waits to gather relationship evidence before checking the review deadline can lose the review right entirely.

A practical sequence usually looks like this:

• Identify the cancellation power and the reasons, and confirm whether ART review or a revocation request is available and by when.
• Confirm the current bridging visa, its conditions and its expiry, or arrange a bridging visa if the person is unlawful.
• Decide whether to seek review, and lodge it within the deadline if review is to be pursued.
• Assess whether a partner visa after visa cancellation can be validly lodged, including section 48, the sponsorship and the two statutory declarations.
• Prepare the Schedule 3 compelling reasons case and, where incorrect information is involved, the PIC 4020 response and waiver case.
• Lodge the partner visa with complete and consistent documents, then notify each later change.

Speed matters, but so does accuracy. A rushed partner visa after visa cancellation that is invalid is worse than a carefully prepared application lodged a few days later. Our guide to urgent immigration lawyer advice explains what to have ready for an urgent consultation, and our article on booking an immigration lawyer consultation explains how consultations work.

After lodgement

Once a valid application is lodged, the Department processes the Subclass 820 stage and later the permanent Subclass 801 stage. Our Subclass 820 vs Subclass 801 guide explains the two stages, and our article on how long the onshore Partner Visa 820 takes explains what affects processing. If the relationship ends because of family violence during processing, the family violence provisions may still allow the visa to be granted, and our article on what happens if the relationship breaks down explains the general position.

If the partner visa is refused

A refused partner visa after visa cancellation can generally be reviewed at the ART if the applicant is in Australia. Our page on partner visa refusals, our article on partner visa refusal appeal options and our analysis of why Subclass 820 partner visas are refused explain the options.

Choosing who acts on a partner visa after visa cancellation

A partner visa after visa cancellation is a legal matter that combines cancellation law, section 48, Schedule 3, character law and the integrity criteria, and an error at any point can make the application invalid. Our article on when you need an immigration lawyer for a partner visa, our guide to the partner visa lawyer vs doing it yourself question and our article on whether to use a migration agent or a lawyer for a partner visa explain when professional help is worth considering.

People who have already lodged their own application and need help afterwards can read our guide to hiring an immigration lawyer after lodging your own application, and people who have received conflicting advice can read our article on getting a second opinion from an immigration lawyer. Those comparing firms can read our guides to choosing a partner visa lawyer in Australia and, by city, in Sydney, Melbourne, Brisbane and Perth.

My Migration Lawyers acts for clients throughout Australia, and every consultation is conducted by video. Couples can read about our partner visa lawyers in Sydney, Parramatta, Melbourne, Brisbane, the Gold Coast, Perth, Adelaide, Canberra and Hobart. For cancellation and other immigration matters, the firm also acts through our immigration lawyers in Sydney and immigration lawyers in Melbourne. The rules for a partner visa after visa cancellation are the same wherever the couple lives.

How My Migration Lawyers handles a partner visa after visa cancellation

My Migration Lawyers deals with complex partner visa matters and acts in many applications for a partner visa after visa cancellation, including matters that involve section 109 and section 116 cancellations, pending ART reviews, section 48, Schedule 3 and PIC 4020. The firm is capable of handling these matters because it treats the cancellation and the partner visa as one legal problem, and resolves the cancellation questions before the relationship application is prepared.

In practice, the firm's work on a partner visa after visa cancellation includes:

• Reading the cancellation notice and decision record, identifying the power used and the reasons, and recording the review or revocation deadline on the first day.
• Obtaining the client's visa history through VEVO, the Department's records and, where appropriate, a freedom of information request, so that no earlier application or decision is missed.
• Advising whether to seek ART review of the cancellation, lodge a partner visa, or do both, and in what order.
• Confirming the client's bridging visa, its conditions and its expiry, and advising on any bridging visa needed while the matter proceeds.
• Checking that the partner visa can be validly lodged under section 48, including the sponsorship lodged at the same time and the two statutory declarations within the permitted period.
• Preparing the Schedule 3 compelling reasons case from the couple's own evidence, and, where incorrect information is in issue, the response to PIC 4020 and the waiver case.
• Reviewing the relationship statement, supporting statements and Form 80 for consistency with the cancellation record and the client's earlier applications.
• Managing section 56 requests, natural justice letters and Form 1022 notifications through to the decision.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about the combined onshore application is on our Subclass 820 visa page, information about cancellation work is on our visa cancellations page, and more about the firm is on our about page.

If your visa has been cancelled and you want to know whether a partner visa after visa cancellation is open to you, and whether the cancellation should be reviewed first, book a consultation online or call 1300 040 300.