Partner Visa Bridging Visa B Refused

Partner visa bridging visa B refused: what it means for your application

A partner visa bridging visa B refused decision means the Department of Home Affairs has decided not to grant a travel visa. It does not mean the partner visa itself has been refused. For most people searching "partner visa bridging visa b refused", the situation is the same: they are in Australia, they have lodged a combined Subclass 820 and Subclass 801 partner visa application, they hold a Bridging visa A, and they asked for a Bridging visa B so they could travel overseas and return while the application is processed. That request has been refused.

The partner visa application keeps going. The Department will still assess the relationship, the sponsorship, health, character and every other criterion in the usual way. A partner visa bridging visa B refused outcome is a decision about one thing only: whether the applicant may leave Australia and re-enter on a bridging visa during processing.

This article explains what the refusal means, why delegates refuse Bridging visa B applications made by partner visa applicants, whether there is a review right, how to reapply, what happens if a person travels anyway, and how travel should be managed while the application is pending. For a general guide to the visa itself, including how to apply, read our separate article on the Bridging visa B. For an overview of every partner visa stage, see the complete partner visa guide.

What a partner visa bridging visa B refused decision does not mean

It does not mean the Department has formed a view against the relationship. It does not mean the case officer thinks the applicant is not genuine. It does not start the section 48 bar, because a refusal of a bridging visa is not the kind of refusal that triggers it. It does not cancel the Bridging visa A.

The Department's procedural instructions for the Subclass 020 visa say that if a Bridging visa B is refused, the visa period of the Bridging visa A or B already held continues until an event causes it to cease under the law. In plain terms, the applicant stays lawful in Australia on the same bridging visa they held before. Their work rights and other conditions stay the same.

What the refusal does mean is that the applicant has no permission to travel and come back on a bridging visa. If they leave, their Bridging visa A ends. That consequence is the reason a partner visa bridging visa B refused decision should be treated seriously, even though the partner visa is still on foot.

Which bridging visa you hold now

Most onshore partner visa applicants receive a Bridging visa A when they lodge, if they held a substantive visa at the time of lodgement. Our article on the Bridging visa A explains how it works, and our guide to work rights while waiting for a Subclass 820 visa covers the conditions that usually attach.

Some applicants hold a different bridging visa. A person who lodged after their last visa had already expired, or who was unlawful, usually holds a Bridging visa C or a Bridging visa E instead. Those visas do not lead to a Bridging visa B in the same way, as explained below. Our overview of bridging visas in Australia sets out the differences. Before anything else is done after a partner visa bridging visa B refused decision, the applicant should confirm exactly which visas they hold, using VEVO or their ImmiAccount. Applicants who have not set up an account can follow our guide on how to create an ImmiAccount.

What is a Bridging visa B for a partner visa applicant?

A Bridging visa B is the Subclass 020 visa that lets a person who holds a Bridging visa A or B leave Australia and return during the processing of their substantive visa application, if the Department is satisfied their reasons for travel are substantial. It is a bridging visa, not a substantive visa. It keeps the person lawful in Australia and adds a travel facility, which is the period during which they may travel to and enter Australia.

The Department's procedural instructions describe the purpose of the visa in these terms: it allows a non-citizen who has substantial reasons for leaving and re-entering Australia, and who has a substantive visa application that is not finally determined, to travel and re-enter during the travel facility period. For a partner visa applicant, the substantive visa application is the combined Subclass 820 and Subclass 801 application. A Bridging visa B granted to a person with combined Subclass 820 and Subclass 801 applications is granted in association with both.

Why a Bridging visa A does not let you travel

A Bridging visa A is a visa to remain in Australia. Under subsection 82(8) of the Migration Act 1958, a Bridging visa A that is in effect ceases to be in effect when the holder leaves Australia. The Department's policy also states that a Bridging visa A that ceased on departure cannot be reactivated, because its visa period has ended.

This is the most common misunderstanding behind a partner visa bridging visa B refused problem. Some applicants assume the Bridging visa A is a general permission to be in Australia that survives a short trip. It is not. Leaving without a Bridging visa B, or without another visa that permits return, means returning without the bridging visa that was protecting the applicant's lawful status.

Who can apply for a Bridging visa B

Clause 020.211 of Schedule 2 to the Migration Regulations 1994 requires the applicant to hold a Bridging visa A or a Bridging visa B at the time of application. It does not matter whether that Bridging visa A was granted for the partner visa application or for another substantive visa application the person made. The person must continue to hold a Bridging visa A or B at the time of decision.

The valid application rules in item 1302 of Schedule 1 also require the applicant to use one of the approved forms, to pay the visa application charge, to have been immigration cleared, to apply in the place and manner specified, and not to be in immigration detention or criminal detention. The application must be made while the person is in Australia. A Bridging visa B cannot be applied for after the person has already left.

The Subclass 020 criteria a partner visa applicant must meet

To be granted a Bridging visa B, a partner visa applicant must satisfy each of the primary criteria in Part 020 of Schedule 2. There are no secondary criteria, so every family member travelling must meet the criteria in their own right. The criteria that matter most in a partner visa bridging visa B refused case are these:

• Clause 020.211: the applicant holds a Bridging visa A or Bridging visa B when they apply.
• Subclause 020.212(2): the applicant has made a valid application in Australia for a substantive visa that can be granted in Australia, that application has not been finally determined, the applicant wishes to leave and re-enter Australia during its processing, and the delegate is satisfied the reasons for leaving and re-entering are substantial.
• Clause 020.213: the delegate is satisfied that the applicant's return to Australia would not be contrary to the public interest.
• Clause 020.221: the applicant continues to satisfy clauses 020.211 and 020.212 at the time of decision.
• Clause 020.223: the applicant satisfies public interest criterion 4021, the passport requirement.
• Clause 020.411: the applicant is in Australia, but not in immigration clearance, when the visa is granted.

The "substantial reasons" test in subclause 020.212(2) is where most refusals are decided. The other criteria are more technical, but a failure on any one of them is enough for refusal. A careful reading of the refusal decision will show which criterion the delegate relied on, and that should shape every step that follows. Every partner visa bridging visa B refused letter should be read against this list before any new application is lodged.

Bridging visa B conditions for partner visa applicants

For a Bridging visa B granted to a person whose Subclass 820 or Subclass 801 application is not finally determined, no conditions can be imposed under paragraph 020.611(1)(b). This matters for applicants who worry that a new bridging visa will reduce their work rights. A successful application does not add work or study restrictions for a partner visa applicant. When the Bridging visa B is granted, the Bridging visa A held for the same application ceases, and the Bridging visa B takes its place.

Why partner visa bridging visa B refused decisions happen

A partner visa bridging visa B refused decision usually happens because the delegate was not satisfied that the reasons for travel were substantial, or was not satisfied that the reason was real on the evidence provided. Technical problems, such as holding the wrong bridging visa or an expired passport, explain most of the rest. The refusal letter will state the criterion that was not met and the reasons. That letter is the starting point.

The reasons for travel were not shown to be substantial

The migration law does not define "substantial" for this purpose. The Department's policy adopts its ordinary meaning: "real", "actual", "important" and "of real worth or value". Two things must therefore be shown. The reason must be important, and it must be real.

The policy lists examples that would include travel associated with the person's employment, business or education, such as conferences or business meetings; travel associated with family or other important people, such as visiting a seriously ill relative, attending a wedding or another culturally important event, or attending a funeral; and travel associated with the substantive visa application, such as obtaining documents needed for the application. The policy also accepts that a holiday may be a substantial reason where processing of the substantive application has been protracted, but delegates are told to check processing records and published processing information before accepting that claim.

A request that simply says "visiting family" or "holiday" with no detail is a common cause of a partner visa bridging visa B refused outcome. The delegate cannot be satisfied of something that has not been explained.

The evidence did not show the reason was real

The Department's own example makes the point. If a person says they must travel because a parent is very sick, the reason may be important, but the delegate must also be satisfied there is evidence the parent is outside Australia and is actually ill or injured. A claim with no supporting document, or with a document that is vague, undated, untranslated or inconsistent with the rest of the file, is easy to refuse.

Typical evidence includes a recent medical letter about the relative, a wedding invitation and evidence of the relationship to the person marrying, a conference registration, a letter from an employer, or a document showing why the applicant must attend in person to obtain a record for the partner visa application. Each document should connect the applicant to the event and the event to the travel dates.

The timing did not make sense

Delegates are asked to consider whether the requested period of absence is consistent with the applicant's circumstances, and in particular whether it is longer than the expected remaining processing time of the substantive application. A request for a long period away, with no explanation, can lead to a partner visa bridging visa B refused decision or to a shorter travel facility than requested.

The policy also notes that an application made more than three months before travel makes it harder to assess whether the absence may coincide with the decision on the substantive application. That matters for a Subclass 820 applicant, because the Subclass 820 visa can only be granted while the applicant is in Australia. A trip planned for many months ahead, with no fixed purpose, is harder to approve than a defined trip for a defined reason.

The applicant held the wrong bridging visa

Clause 020.211 is strict. A person who holds a Bridging visa C or a Bridging visa E, and not a Bridging visa A or B, cannot meet it. This catches partner visa applicants who lodged after their last substantive visa ended, including many who applied with a Schedule 3 waiver argument. For those applicants, a Bridging visa B application is not just weak. It cannot succeed on the criteria, and a partner visa bridging visa B refused letter in their case reflects the law rather than the quality of the evidence. Our guide to the Schedule 3 criteria for partner visas explains why their bridging visa position is different.

The Department's policy says that if it appears a person would not meet the criteria for a Bridging visa B but would likely meet the criteria for another bridging visa, the decision maker may offer the person the option of withdrawing. A person in that position should take advice before paying for another Bridging visa B application.

Passport problems

Public interest criterion 4021 requires a valid passport that has not expired, was issued by an official source and is in the form issued, unless it would be unreasonable to require one. Policy gives a natural disaster or a time of war as examples of when it may be unreasonable. An expired passport, a damaged passport or a passport not recorded correctly in the Department's systems can produce a partner visa bridging visa B refused outcome on its own. The passport details on the Bridging visa B application should match the passport the applicant will travel on.

Previous conduct, character and public interest

Clause 020.213 asks whether the applicant's return to Australia after the proposed travel would be contrary to the public interest. Policy says this is not the same as the Schedule 4 public interest criteria. The delegate considers matters such as the intended destination, the purpose of travel and whether there is a public health risk on return. Policy identifies active tuberculosis as always a risk to public health.

A Bridging visa B application can also be refused under section 501 on character grounds. If the applicant has pending criminal charges, the delegate will look at bail conditions and whether overseas travel is permitted. Under section 501F, a Bridging visa B application is also deemed refused if another visa application is refused, or another visa is cancelled, under section 501, 501A or 501B. Applicants with any character history should read our article on visa cancellations and seek advice before applying.

The partner visa application was withdrawn or decided

A Bridging visa B depends on a substantive application that has not been finally determined. If the partner visa application is withdrawn before the Bridging visa B is decided, the applicant cannot meet clause 020.221 and the Bridging visa B must be refused. If the relationship has ended, the position is different again, and our article on what happens if a Subclass 820 relationship breaks down should be read first. Where the relationship ended because of family violence, the family violence partner visa provisions may apply.

Can you appeal a partner visa bridging visa B refused decision?

Yes. A decision to refuse a Bridging visa B to a person who applied in Australia and was in Australia when it was decided is generally a reviewable migration decision under subsection 338(2) of the Migration Act 1958, and an application for review can be made to the Administrative Review Tribunal. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The refusal letter must state whether the decision can be reviewed, who can apply, where to apply and the time allowed.

Many people are told there is no review of a bridging visa refusal unless the person is in immigration detention. That is not correct for most partner visa applicants. Subsection 338(4) is a separate provision. It makes a refusal of a bridging visa reviewable where the person is in immigration detention because of that refusal. A partner visa applicant who still holds a Bridging visa A is not detained because a Bridging visa B was refused, so subsection 338(4) is usually not the relevant provision. Their review right, if any, comes from subsection 338(2).

There are exceptions. A Bridging visa B that is deemed refused under section 501F, because another visa was refused or cancelled on character grounds, is not reviewable under that section. A refusal made under section 501 is also treated differently. The refusal letter, read carefully, will say which category applies.

Review deadlines are short and strictly applied. They run from the date the decision is notified, not from the date the applicant reads it. A person who wants to keep the review option open should act immediately. Under section 347A, a review application of this kind can only be made by a person who is physically in the migration zone when they apply, so the applicant must still be in Australia. Our guide to ART review after a visa refusal explains how the Tribunal process works, and our article on when to use a visa appeal lawyer explains what representation involves.

Why review rarely solves a travel problem

A partner visa bridging visa B refused decision is usually about a trip with a date. A wedding, a funeral, a conference or a visit to a dying parent will not wait for a Tribunal hearing. Even if the ART later sets aside the refusal, the reason for the trip may have passed by then. For that reason, merits review is often not the best answer to a travel problem. In a typical partner visa bridging visa B refused matter, the trip is the problem to solve, and review is slower than a well prepared new application.

Review may still be worth considering where the refusal raises a point that will matter again, for example a finding about the applicant's passport, character or public interest, or where the travel need is continuing rather than tied to one date. In those cases, the decision should be made with advice and quickly, because the review option is lost if the deadline passes. Where the refusal raises a possible legal error rather than a merits question, our judicial review page explains the difference between the two kinds of challenge.

What to do instead of review

For most applicants, the faster course is a fresh Bridging visa B application that fixes the reason for refusal. Nothing in the Subclass 020 criteria prevents a further application while the applicant still holds a Bridging visa A and the partner visa application is still undecided. The new application must, however, be better than the first. Lodging the same request with the same evidence invites the same result. A partner visa bridging visa B refused decision tells the applicant exactly what the delegate found missing, and the second application should answer that point directly.

Reapplying after a partner visa bridging visa B refused outcome

The right way to reapply after a partner visa bridging visa B refused outcome is to read the delegate's reasons, identify the criterion that failed, and lodge a new application that answers that criterion with specific, verifiable evidence and a clear travel plan. A second application is a new application. It is decided on the material provided with it.

Read the refusal reasons first

The decision record will normally say which clause was not met. If the delegate was not satisfied the reason was substantial, the new application must explain why the trip matters and why it must happen now. If the delegate was not satisfied the reason was real, the new application needs better documents. If the refusal was on clause 020.211, a new Bridging visa B application will fail again unless the applicant's bridging visa position has changed. If the refusal was on public interest criterion 4021, the passport problem must be fixed first.

Applicants who lodged their own partner visa application, and now find the bridging visa side difficult, can read our guide to hiring an immigration lawyer after lodgement. Applicants who have received advice they are unsure about can read about getting a second opinion from an immigration lawyer. A lawyer acting on the matter is appointed through Form 956, which allows the Department to deal with the lawyer directly.

Build the evidence around the reason for travel

The evidence for a second application should prove the event, the applicant's connection to it and the need to attend in person. In most partner visa bridging visa B refused cases the first application lacked at least one of those three things. Practical examples include:

• Serious illness of a relative: a recent letter from the treating doctor or hospital stating the diagnosis in general terms, the current condition and the prognosis, with evidence of the family relationship, such as a birth certificate.
• Death and funeral: a death notice or certificate where available, funeral arrangements, and evidence of the relationship. Where documents cannot be obtained in time, a clear written explanation of why.
• Wedding or culturally important event: the invitation, evidence of the relationship to the person, and an explanation of the significance of the event and the applicant's role.
• Work, business or study: a letter from the employer or institution, a conference registration or a meeting schedule, and an explanation of why attendance in person is required.
• Documents for the partner visa: evidence of what the document is, why it can only be obtained in person, and how it relates to the partner visa criteria.
• Protracted processing: where travel is for personal reasons because the partner visa has been pending for a long time, the date of lodgement and a short explanation of the personal impact.

Documents in a language other than English should be translated. Each document should be dated and should be consistent with the applicant's Form 80 personal particulars and with what the partner visa file already says about the applicant's family.

Explain the travel period

The new application should state the intended departure and return dates, the destination and the purpose. The requested period should fit the purpose. A two week trip for a funeral is easy to understand. A six month absence needs a reason that explains six months. The application should also acknowledge that the Subclass 820 visa can only be granted while the applicant is in Australia, and confirm the applicant intends to return within the travel facility period.

Delegates are told, as a matter of policy, to document why they grant a period different from the one requested, and that longer travel facility periods have been granted where substantive processing times were lengthy. There is no provision to extend a travel facility period once a Bridging visa B is granted. The period requested should therefore include a sensible margin for delays, but should not be inflated. An unexplained request for a long absence is one of the patterns behind a repeated partner visa bridging visa B refused outcome.

Does a refused Bridging visa B count against the partner visa?

A partner visa bridging visa B refused decision is not, by itself, a negative finding about the relationship. The case officer assessing the Subclass 820 visa decides that application on its own criteria. Our guides to the Subclass 820 visa and to Subclass 820 visa requirements and documents set those criteria out.

The risk lies elsewhere. Everything provided to the Department is part of the applicant's record. If the Bridging visa B application contained a false document or information that is false or misleading in a material particular, that can be relevant to public interest criterion 4020 in the partner visa assessment. If the travel reason given is inconsistent with what the relationship evidence says, for example a claimed visit to a parent who the partner visa forms say has died, the case officer may ask questions. A second application should therefore be accurate in every detail. Honest, consistent information protects both applications.

What happens if you travel without a Bridging visa B?

If a partner visa applicant leaves Australia without a Bridging visa B after a partner visa bridging visa B refused decision, their Bridging visa A ceases at the moment they depart, they have no visa that allows them to return, and their Subclass 820 visa cannot be granted while they are outside Australia. The partner visa application does not end automatically, but the applicant's position becomes much weaker.

The Bridging visa A ends on departure

Under subsection 82(8) of the Migration Act 1958, a Bridging visa A in effect ceases when the holder leaves Australia. Subsection 82(7A) provides that a visa ceasing because of a specified event ceases at the moment the event occurs. The Department's policy confirms that a Bridging visa A that ceased on departure cannot be reactivated. Once the applicant is on the plane, the bridging visa that kept them lawful is gone.

There is no right to return

To come back, the applicant needs a visa that permits travel to Australia. A person outside Australia cannot apply for a Bridging visa B, because the application must be made in Australia. They would need to apply for and be granted some other visa, such as a visitor visa, and there is no assurance that a visitor visa will be granted to a person with a pending partner visa and a recent bridging visa refusal. Our guide to moving from a tourist visa to a partner visa explains why visitor visas are assessed carefully in this context. This is why a partner visa bridging visa B refused decision should never be treated as a formality that can be ignored by simply flying out. If they do return on another visa, that visa may carry conditions, including the no further stay condition discussed in our article on condition 8503 and the Subclass 820 visa.

The Subclass 820 visa must be granted in Australia

Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the Subclass 820 visa is granted. The Department's policy says that if this clause is not satisfied because the applicant is outside Australia, the delegate should generally refuse the visa, although under section 54 the delegate has a discretion to defer the decision where the absence is only temporary. Policy treats a period of up to six months as generally reasonable for that purpose, as a guide only, and the delegate must be satisfied all other criteria are met.

A refusal while the applicant is overseas creates a further problem. A review application against a Subclass 820 refusal can only be made by a person who is physically in the migration zone. An applicant stranded overseas when a refusal is made may be unable to seek review at all. Our article on partner visa refusal appeal options explains the review pathway for people who are still in Australia, and the partner visa refusals page explains how My Migration Lawyers acts on refused applications.

Section 48 and Schedule 3 risks

The Schedule 3 criteria are assessed when a partner visa application is made. Leaving does not reopen them for an application already lodged. The risk arises if the existing application is later refused and a new onshore application is needed. A person who returned on a visitor visa that has since expired, or who does not hold a substantive visa, may then face Schedule 3 on the new application. Our guide to the Schedule 3 partner visa waiver explains what that involves.

Section 48 limits further applications by a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. Subsection 48(3) treats a person who leaves and returns on a bridging visa as having been continuously in Australia. Travel can therefore change the section 48 analysis in ways that depend entirely on the person's history. A person who has had any other visa refused should not travel, or reapply, without advice. This is one of the areas where a partner visa bridging visa B refused decision can become the first step in a much larger problem. Our article on applying for a partner visa after a visa refusal explains how section 48 interacts with partner visas.

If you still hold a substantive visa

Some applicants lodge a partner visa while holding another substantive visa, such as a student visa or a work visa, with time remaining. Their Bridging visa A is held but is not yet in effect. Policy states that a bridging visa must be in effect for it to cease when the holder leaves Australia. A person in that position may be able to travel on their substantive visa if it permits travel and will still be in effect when they return. The danger is that the substantive visa expires while they are overseas. Policy notes that a Bridging visa A holder in that position may still apply for a Bridging visa B for that reason. Anyone in this situation should check their visa dates and conditions before booking, and should not assume a partner visa bridging visa B refused decision leaves them free to travel on another visa.

Urgent and compassionate travel after a partner visa bridging visa B refused decision

Urgent and compassionate travel can still be supported after a partner visa bridging visa B refused decision, but only through a new Bridging visa B application made and granted before the applicant leaves Australia. There is no separate emergency travel visa for partner visa applicants, and the Department cannot grant a Bridging visa B to a person who is already overseas.

The Department's policy recognises that urgent travel often comes without documents. Where a person must travel at short notice, for example to attend a funeral, the policy says it may not be appropriate or feasible to request supporting evidence such as proof of the death or the funeral arrangements. In that situation, decision makers are told to use their judgement on the information available to decide whether there is a genuine need to travel, and to record their reasons.

That flexibility is not a reason to send a thin application. The application should explain who the person is, how they are related to the applicant, what has happened, when, and why the applicant must be there. It should attach whatever evidence exists, even if it is incomplete, such as a message from a hospital, a photograph of a notice, or a letter from a family member, with translations. It should give realistic travel dates. If more documents will become available, the application should say so and they should be uploaded as soon as they arrive.

The policy also says that when a Bridging visa B application is received it should be decided as soon as possible, taking the intended travel into account. No particular timeframe applies, and an applicant should not book non-refundable travel on the assumption that a decision will arrive in time. Where the situation is urgent, our guide to urgent immigration lawyer advice explains what to gather before seeking help.

When the answer is still no

A second partner visa bridging visa B refused outcome can happen even when the reason is genuine. This usually happens because of clause 020.211, a passport problem or a public interest concern. In those cases the applicant faces a hard choice between the trip and the partner visa. That choice should be made with full advice about the consequences explained in this article, never at the airport. In some cases, a different plan protects the partner visa better, for example the sponsor travelling alone, relatives visiting Australia instead, or the applicant waiting until the Subclass 820 visa is granted. Once a Subclass 820 visa is granted, its holder may generally travel without needing a Bridging visa B.

Managing travel plans while your partner visa is pending

The safest approach to travel while a partner visa is pending is to plan around the bridging visa, the processing stage and the evidence, before any booking is made. Most partner visa bridging visa B refused problems begin with a flight that was booked first and a visa that was requested second.

Before booking

An applicant who has already had a partner visa bridging visa B refused decision should be especially careful at this stage. Every applicant should confirm which bridging visa they hold, whether it is in effect, and whether their passport will remain valid for the whole trip. They should check the stage of the partner visa application. If the case officer has recently asked for information, the applicant should respond before leaving, not from overseas. Our guide to responding to a section 56 request for more information explains how those requests work. If the case officer has raised adverse information, the response to a section 57 natural justice letter should be finalised first. Applicants should also consider the published processing information discussed in our article on how long a Subclass 820 partner visa takes and in our guide to Partner visa 820 onshore timing, because a trip planned for when the application may be decided carries more risk.

While away

The travel facility period printed on the grant notice is the most important date. Under subsection 82(5) of the Migration Act 1958, if the travel facility period ends while the holder is outside Australia, the Bridging visa B ceases. Under subsection 82(6), if the holder leaves Australia after the travel facility period has ended, the Bridging visa B ceases on departure. There is no provision to extend the travel facility period once it is granted. The applicant must be back in Australia before it ends, with a margin for delays.

The applicant should keep their contact details current with the Department so that any request reaches them while they are away. If something changes during the trip that affects an answer in the application, a Form 1022 change of circumstances notification may be required. Applicants should also keep evidence of the trip itself, such as boarding passes and the documents that supported the reason for travel, in case questions are asked later.

If the partner visa is decided while the applicant is away

If the Department is ready to decide the Subclass 820 visa while the applicant is overseas, clause 820.411 cannot be met. The case officer may wait for a reasonable period, or may refuse. If the applicant is overseas and a refusal is made, they cannot apply for review from overseas, and their Bridging visa B will cease later under its own cessation rules. The most protective approach is to keep trips short, to stay contactable, and to tell the case officer about the travel when appropriate. Applicants who want to understand how the temporary and permanent stages fit together, and why the Subclass 801 visa is assessed differently, can read our guide to Subclass 820 versus Subclass 801.

Relationship evidence does not stop while travelling

A trip can also affect the relationship evidence. If the applicant travels without the sponsor for a long period, the case officer may later ask how the couple maintained the relationship during that time. Messages, calls, money transfers and visits all help. Our guide to partner visa relationship evidence explains the four aspects of a relationship the Department assesses, and our partner visa document checklist shows how ongoing evidence fits into the file. For de facto couples, the period living together is especially important, as explained in our article on the de facto partner visa.

The sponsor's role after a partner visa bridging visa B refused decision

The sponsor is not the applicant for the Bridging visa B, but the sponsor's evidence and conduct often affect whether a second application succeeds. In many partner visa bridging visa B refused cases, the reason for travel concerns the sponsor's family as much as the applicant's, for example a wedding in the sponsor's family or the illness of a relative the couple support together.

The sponsor can help in three practical ways. First, the sponsor can provide evidence. A statement from the sponsor explaining the family event, the couple's shared plans and the intended return date can support the reason for travel. Where the event concerns the sponsor's own relative, documents from the sponsor's side of the family are often the strongest evidence of the relationship to that person. Second, the sponsor can travel. An Australian citizen or permanent resident sponsor does not need a bridging visa to leave and return. Where the applicant cannot travel, the sponsor may be able to attend in their place. Third, the sponsor can keep the relationship evidence consistent. Any statement the sponsor gives in support of travel must be consistent with the relationship statement already lodged. Our guide to the partner visa relationship statement explains why consistency matters across every document. After a partner visa bridging visa B refused decision, the sponsor should also avoid making travel plans for the couple that depend on a grant that has not yet been made.

The sponsor's own sponsorship history can also matter to the partner visa, although it is not a Bridging visa B criterion. Sponsors with previous sponsorships should read our guides on partner visa sponsorship limitations and on when a sponsor cannot sponsor a partner visa. Same-sex couples facing particular risks in the destination country can also see our LGBTI partner visa page before any travel is planned.

Common mistakes after a partner visa bridging visa B refused decision

The most damaging mistake after a partner visa bridging visa B refused decision is leaving Australia anyway on the assumption that the partner visa will protect the applicant. It will not. The other mistakes My Migration Lawyers most often sees are:

• reapplying the next day with the same evidence and the same explanation;
• applying for a Bridging visa B while holding a Bridging visa C or E, which cannot meet clause 020.211;
• booking non-refundable flights before the Bridging visa B is granted;
• requesting a long, vague travel period with no explanation;
• travelling on a passport that is not the one recorded with the Department;
• letting the travel facility period run out while overseas;
• ignoring a request from the case officer because the applicant is travelling;
• giving a reason for travel that conflicts with the partner visa file; and
• treating the review deadline as flexible.

Each of these can be avoided with planning, and each one turns an ordinary partner visa bridging visa B refused decision into something harder to fix. Our analysis of why partner visas get refused and the most common Subclass 820 refusal reasons shows how small procedural errors can grow into larger problems. Applicants deciding whether to manage their matter alone can read our comparison of a partner visa lawyer versus doing it yourself.

How My Migration Lawyers handles partner visa bridging visa B refused matters

My Migration Lawyers acts for partner visa applicants who need to travel during processing, including applicants whose first Bridging visa B application has been refused. A partner visa bridging visa B refused matter usually has two parts: the immediate travel need, and the partner visa that must be protected while that need is dealt with. The firm deals with both together, so that a partner visa bridging visa B refused decision is never answered in a way that puts the Subclass 820 visa at risk.

What the firm does on these matters

• Status check. The firm confirms which bridging visas the applicant holds, whether each is in effect, the passport recorded by the Department, and whether section 48 or any earlier refusal affects the applicant.
• Refusal analysis. The firm reads the decision record, identifies the exact criterion the delegate relied on, and advises whether the refusal can be overcome by a new application, whether ART review is worth pursuing within the deadline, or whether travel should not be attempted at all.
• Evidence plan. The firm identifies what evidence will prove the reason for travel is both important and real, explains to the client what is needed from them and from overseas family, and checks every document against the partner visa file for consistency.
• Submissions. The firm prepares written submissions addressing subclause 020.212(2), the travel period and, where relevant, clause 020.213, so the delegate has a clear basis to decide.
• Partner visa protection. The firm reviews the stage of the Subclass 820 and Subclass 801 application, deals with any outstanding request from the case officer, and advises on the risk of the application being ready for decision during the planned absence.
• Travel management. Once a Bridging visa B is granted, whether after a first application or after a partner visa bridging visa B refused decision, the firm explains the travel facility period, the return deadline and what to do if anything changes while the client is away.

My Migration Lawyers deals with complex cases, including applicants who hold a Bridging visa C or E after a Schedule 3 application, applicants with an earlier refusal and a section 48 history, applicants with character issues, and applicants whose partner visa is close to decision. The firm acts in many matters of this exact type and is capable of handling them carefully, while telling clients honestly when travel is not safe. No outcome can be promised on any Bridging visa B or partner visa application.

The firm's partner visa work is overseen by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, visit our partner visa lawyers page, see how the firm handles visa refusals, or read our guides on choosing a partner visa lawyer in Australia, when you need an immigration lawyer for a partner visa, and how to choose the best partner visa lawyer in Australia. Our guide to an immigration lawyer consultation explains what to bring.

My Migration Lawyers acts for clients across Australia, including through our pages for partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Clients comparing firms in their city can also read our guides to the best partner visa lawyer in Sydney, Melbourne, Brisbane and Perth.

If you have received a partner visa bridging visa B refused decision, or you need to travel while your partner visa is pending and want the application prepared properly the first time, book a consultation with My Migration Lawyers. You can also call My Migration Lawyers on 1300 040 300.