Partner Visa Cancellation Notice: How to Respond

What is a partner visa cancellation notice?

A partner visa cancellation notice is a written notice from the Department of Home Affairs telling a partner visa holder that there appear to be grounds to cancel their visa, and inviting them to respond before any decision is made. Receiving a partner visa cancellation notice does not mean the visa has been cancelled. It means a decision maker has formed a preliminary view, has identified a possible ground, and must now consider what the visa holder has to say.

That distinction matters more than anything else in this article. A partner visa cancellation notice is a stage of the process, not the end of it. The Migration Act 1958 builds a period of procedural fairness into most onshore cancellation powers. The Department must tell the visa holder the ground it is relying on, give particulars of the information behind it, and give the holder a real opportunity to answer. What the holder does in that window often decides whether they keep their visa, their place in Australia and, for a provisional visa holder, their path to permanent residence.

My Migration Lawyers sees the same pattern again and again. People receive a partner visa cancellation notice, assume the outcome is already decided, and either do nothing or send a short emotional email. Neither approach engages with the legal test the decision maker must apply. A response that is prepared properly, on the correct ground and with the correct evidence, puts the visa holder in a very different position. Readers who want the wider picture of how cancellation works across all visa types can start with our visa cancellation lawyers page. This guide focuses on the stage before any decision is made.

Who can receive a partner visa cancellation notice?

Any holder of a partner visa can receive a partner visa cancellation notice. That includes the holder of a temporary Subclass 820 visa in Australia, the holder of a provisional Subclass 309 visa, a Subclass 300 Prospective Marriage visa holder, and the holder of a permanent Subclass 801 or Subclass 100 visa. Permanent residence does not make a visa immune from cancellation. The grounds that commonly arise differ between temporary and permanent holders, and that difference is explained below.

A dependent family member can also be affected. The Department's notice form warns that if a person's visa is cancelled, the visas of family unit members who hold a visa because of that person will also be cancelled. A partner visa cancellation notice given to a primary visa holder is therefore a matter for the whole family, including any children included in the application. The structure of each partner visa stage is explained in our complete partner visa guide, and the relationship between the temporary and permanent stages is set out in Subclass 820 vs Subclass 801.

Why the stage before the decision matters most

The stage before the decision matters most because it is the only point at which the visa is still in effect and the decision maker has not yet made up their mind. After a cancellation decision, the holder may become an unlawful non-citizen unless they hold another visa, and the options narrow quickly. Review may be available, but it runs on its own short deadlines and starts from a decision that has already gone against the holder.

A partner visa cancellation notice is the moment to put the full picture forward. It is also the moment when a lawyer can most easily correct a misunderstanding, supply missing evidence and frame the case around the law. Our article on urgent immigration lawyer advice explains what to gather before a first conversation with a lawyer, and the same preparation applies here.

Which partner visa cancellation notice have you received?

The first step in responding to a partner visa cancellation notice is to identify which power the Department is using, because each power has a different legal test, different grounds and different matters the decision maker must consider. The notice itself will name the section of the Migration Act 1958 it relies on. Read that section reference before anything else.

For partner visa holders, three types of notice arise most often: a section 107 notice about incorrect information, a notice of intention to consider cancellation under section 116, and a notice under the character provisions in section 501. Each is explained below. A partner visa cancellation notice can occasionally rely on more than one power, and the response must then deal with each one separately.

Section 107 notice: incorrect information

A section 107 notice is given where the Department considers that the visa holder may not have complied with the information obligations in sections 101 to 105 of the Migration Act 1958. Those sections require every question on a visa application form to be answered and no incorrect answers to be given (section 101), prohibit giving a bogus document (section 103), require changes in circumstances to be notified (section 104), and require a person who becomes aware that an earlier answer was incorrect to notify the correct answer (section 105).

The notice gives particulars of the possible non-compliance and invites the holder to respond within the period stated in the notice. The holder may dispute that there was non-compliance, or may accept it and explain why the visa should not be cancelled. The Department then decides, under section 108, whether there was non-compliance in the way described. Only if it finds non-compliance can it go on to consider cancellation under section 109.

Two points catch many partner visa holders off guard. First, section 111 of the Act provides that these obligations apply whether the non-compliance was deliberate or inadvertent. An honest mistake can still be non-compliance. Second, section 104 obliges an applicant to notify changes in circumstances, such as separation from the sponsor, while the application is being decided. Failing to tell the Department about a separation can itself be the subject of a partner visa cancellation notice. Our guide to Form 1022 change of circumstances explains how that notification is made.

Notice of intention to consider cancellation under section 116

A notice of intention to consider cancellation is the Department's notice that there appears to be a ground to cancel the visa under section 116 of the Migration Act 1958. The Department's own form for this purpose is Form 1099, titled "Notice of intention to consider cancellation under section 116 of the Migration Act 1958". Under section 119, the Department must notify the holder that there appear to be grounds for cancelling the visa, give particulars of those grounds and of the information because of which they appear to exist, and invite the holder to show, within a specified time, that the grounds do not exist or that there is a reason why the visa should not be cancelled.

Section 116 contains most of the general cancellation grounds. They include that the decision to grant the visa was based on a fact or circumstance that is no longer the case, that a fact or circumstance relied on never existed, that a visa condition has not been complied with, that the holder's presence is or may be a risk to the health, safety or good order of the community, that the visa should not have been granted because its grant contravened the Act, and that a prescribed ground under regulation 2.43 of the Migration Regulations 1994 applies. This is the partner visa cancellation notice most commonly used when a relationship has ended or when the Department doubts the relationship was ever genuine.

Character notices under section 501

A notice of intention to consider cancellation on character grounds is given under section 501 of the Migration Act 1958, and it follows a different process from section 107 and section 116 notices. A character notice turns on the character test, the Minister's directions under section 499 and a separate body of evidence about rehabilitation, risk and the strength of ties to Australia. It is a specialised area. A partner visa holder who has received a section 501 notice should treat it as a separate matter and obtain advice directly on that process. The rest of this guide deals mainly with section 107 and section 116 notices.

Partner visa holders outside Australia

A holder who is outside Australia is in a different position from a holder in Australia. The Act contains a separate power to cancel the visa of a person outside Australia without first giving notice, followed by a notice that allows the former holder to seek revocation of the cancellation. The steps, timing and evidence for that process differ from a standard partner visa cancellation notice. Offshore Subclass 309 visa and Subclass 100 holders who learn of a cancellation while overseas should obtain advice immediately and should not book travel to Australia until the position is clear.

Common grounds in a partner visa cancellation notice

The grounds that most often appear in a partner visa cancellation notice are incorrect or false information, the end of the relationship, doubts that the relationship ever existed, breach of a visa condition and criminal conduct. Each ground has its own elements, and the response must be built around the ground actually stated in the notice, not the ground the holder fears.

Incorrect or false information in the application

Incorrect information is one of the most common bases for a partner visa cancellation notice. It can arise from a wrong answer about previous relationships, previous visa refusals, children, criminal history, travel history or employment. It can also arise from a document that the Department later finds to be false or altered. Where the information was given in the application form or in response to a request, the Department may proceed under section 107. Where it falls outside those provisions, section 116(1AB) allows cancellation if incorrect information was given by or on behalf of the holder and was taken into account in a decision to grant a visa or to allow a valid application.

The phrase "by or on behalf of" matters. Information given by a previous representative or by the sponsor can be attributed to the holder. Our guide to Form 80 explains the personal particulars form where many of these errors begin, and our article on partner visa sponsorship limitations explains one area where sponsors commonly answer questions incorrectly. Where the information issue arose before grant, a refusal on integrity grounds under public interest criterion 4020 is often the parallel risk, and that topic is covered on our partner visa refusals page.

The relationship has ended

For a temporary partner visa holder, the end of the relationship can found a partner visa cancellation notice under section 116(1)(a), on the basis that the visa was granted because of a relationship that no longer exists. This is the ground that most often affects Subclass 820 and Subclass 309 holders. The consequences are serious. The Department's policy for the permanent Subclass 801 visa records that the applicant must hold a Subclass 820 visa to be granted the Subclass 801 visa. If the Subclass 820 visa is cancelled, the permanent stage is usually lost with it.

The end of a relationship does not automatically mean the visa must be cancelled. The decision is discretionary, and the law recognises situations in which a person whose relationship has ended can still be granted permanent residence. Under subclause 801.221(6), a Subclass 820 holder whose relationship has ceased can still be granted a Subclass 801 visa where they, or a relevant dependent child, have suffered family violence committed by the sponsoring partner, or where they have custody or access rights to a child for whom the sponsor also has custody, access or maintenance obligations. Those facts are directly relevant to whether cancellation should occur. Our family violence partner visa lawyers page explains how those provisions work, and our article on what happens to a Subclass 820 application if the relationship breaks down covers the position before grant.

The relationship never existed

A partner visa cancellation notice may also allege that the relationship relied on for grant never existed, or was not genuine at the time. That allegation is usually framed under section 116(1)(aa), which covers a decision based on a fact or circumstance that did not exist, or under regulation 2.43(1)(o), which applies where the Minister reasonably suspects that the visa was obtained as a result of the fraudulent conduct of any person. This is the ground most likely to be raised against permanent Subclass 801 and Subclass 100 holders, often after information from a former partner or a third party.

A response to this kind of partner visa cancellation notice must deal with the relationship as it was at the relevant time, using contemporaneous evidence across the four aspects the law requires decision makers to consider: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Those aspects are explained in our guide to partner visa relationship evidence and in preparing evidence of a genuine relationship.

Breach of a visa condition

A partner visa cancellation notice can rely on section 116(1)(b), which allows cancellation where the holder has not complied with a condition of the visa. Most partner visas carry few conditions, so this ground is less common than others. The clearest example is the Subclass 300 Prospective Marriage visa, which is subject to a condition requiring the holder to enter into the marriage within the visa period. Before relying on this ground in a response, the actual conditions on the visa grant notice should be checked, because conditions differ between grants.

Criminal conduct and other prescribed grounds

Regulation 2.43(1)(oa) prescribes a cancellation ground for the holder of a temporary visa who has been convicted of an offence against a law of the Commonwealth, a State or a Territory, regardless of the penalty. That ground can apply to a Subclass 820, Subclass 309 or Subclass 300 holder. Regulation 2.43(1)(m) also allows cancellation where the Minister reasonably suspects that the holder has committed certain offences under the Act, including the offence in section 234 of giving false or misleading information in connection with a visa. Where criminal conduct is serious, the Department may instead use the character provisions in section 501. Holders facing any criminal charge should obtain migration advice before entering a plea, because the outcome of the criminal matter can shape a later partner visa cancellation notice.

How long do you have to respond to a partner visa cancellation notice?

The time to respond to a partner visa cancellation notice is short, and it is strictly applied. The period is stated in the notice itself, and when it starts depends on how the notice was given to you. There is no general rule that allows a late response to be accepted, so the safest approach is to treat the period as starting the day the notice is received and to begin work immediately.

Many people lose valuable days by waiting for a follow-up letter, by assuming the period runs from the date they first open an email, or by trying to gather every document before speaking to a lawyer. The decision maker can make a decision once the response period has ended. If nothing has arrived by then, the Department can proceed on the information it already holds. A partner visa cancellation notice should therefore go straight to a lawyer on the day it arrives. An experienced partner visa lawyer will check the date, the delivery method and the stated period before doing anything else.

How the method of notification affects the time limit

The method used to give a partner visa cancellation notice affects when it is taken to have been received. The Migration Act 1958 sets out the methods the Department may use to give documents, including handing the document to the person, sending it by post, sending it by email or other electronic means, and giving it to an authorised recipient such as a lawyer. The Act then deems the document to have been received at a particular time depending on the method used. Those deeming rules can mean that the response period started before the holder actually read the notice.

That is why the date on the notice and the method of delivery must both be checked carefully. A holder who has changed their email address or residential address without telling the Department may be treated as having received a partner visa cancellation notice they never saw. Keeping contact details up to date in ImmiAccount is part of protecting a visa. Our guide on how to create an ImmiAccount explains where those details are kept, and our article on Form 956 and 956A explains how a lawyer is appointed to receive correspondence on a holder's behalf.

Can you ask for more time to respond?

Yes, a holder can ask for more time to respond to a partner visa cancellation notice, but the Department is not obliged to grant it, and the request does not by itself stop the period from running. Any request should be made in writing, before the period ends, and should give a specific and genuine reason, such as the need to obtain police records, medical reports, court documents or translations that cannot be produced in time.

A request for more time is not a substitute for a response. The better practice is to send the strongest response possible within the period, to identify clearly any evidence that is still being obtained, and to state when it will be provided. If the Department refuses the extension, the holder has still put their case. If it grants the extension, the further evidence can be added. The same approach applies to requests for information during a visa application, as explained in our guide to responding to a section 56 request for more information.

How to respond to a partner visa cancellation notice

The correct way to respond to a partner visa cancellation notice is to answer the legal test the decision maker must apply, in writing, supported by evidence. That means dealing first with whether the ground for cancellation exists, and then with why, even if a ground exists, the visa should not be cancelled. A response that only argues one of those two questions leaves the other one open.

Step 1: Read the particulars and the information relied on

The first step is to read the particulars in the partner visa cancellation notice line by line. Under section 119, the Department must give particulars of the grounds and of the information because of which the grounds appear to exist. Under section 107, it must give particulars of the possible non-compliance. Those particulars define what must be answered. They often refer to statements by a former partner, records from another agency, information from an earlier visa application or answers given at an interview.

The particulars will not always include every document the Department holds. Information that the Act treats as non-disclosable can be withheld. Even so, the holder is entitled to understand the substance of the case against them. Where the particulars are unclear, a lawyer can seek clarification from the Department and can compare the particulars with the holder's own records of what was lodged. Holders who lodged their own application and are unsure exactly what they told the Department should read our guide to hiring an immigration lawyer after lodging your own visa application.

Step 2: Decide whether the ground exists

The second step is to decide, on the evidence, whether the ground in the partner visa cancellation notice actually exists. Some grounds are factual and can be disproved. A relationship that the Department believes has ended may in fact be continuing. A conviction may have been set aside. A document the Department believes was false may be genuine. Where that is the case, the response must say so clearly and prove it.

Other grounds cannot be disputed honestly. Where an answer in the application was in fact wrong, or the relationship has in fact ended, the response must not pretend otherwise. Denying a ground that clearly exists damages credibility and can make the decision maker less receptive to everything else in the response. In those cases the response should accept what is true, correct the record, and move to the discretionary factors.

Step 3: Address why the visa should not be cancelled

The third step is to explain why the visa should not be cancelled even if a ground exists. For most section 116 grounds, cancellation is discretionary. The decision maker must weigh the reasons for cancellation against the reasons against it. For section 109, the decision maker must have regard to the response and to prescribed circumstances, which include the correct information, the circumstances in which the non-compliance occurred, the holder's present circumstances and the time that has passed. The exception is the small group of grounds in regulation 2.43(2), such as certain security and foreign policy grounds, where cancellation is mandatory.

This is where most self-prepared responses to a partner visa cancellation notice fall short. They explain what happened but do not connect the explanation to the factors the decision maker is required to consider. A properly prepared response follows the decision maker's own structure, so that each factor is addressed with specific facts and documents. That is the core of what an immigration lawyer adds at this stage.

What should a response to a partner visa cancellation notice contain?

A strong response to a partner visa cancellation notice contains written legal submissions on the ground, a structured answer to each discretionary factor, and evidence that supports every factual statement. It is organised, consistent with everything the Department already holds, and written in plain English.

Written submissions on the ground

The written submissions should identify the exact power and ground relied on, set out the elements of that ground, and explain why the evidence does or does not satisfy each element. For a section 107 notice, the submissions should address whether there was non-compliance with the specific section named, what the correct information is, and whether the information was material to the grant. For a section 116(1)(a) notice based on separation, the submissions should identify the fact on which the grant was based and address whether it has truly ceased.

Precision matters. A partner visa cancellation notice that relies on section 116(1)(aa) requires the Department to be satisfied that a fact relied on did not exist. That is a different question from whether the relationship has ended since. Responses that run those two questions together often concede more than they need to. The same distinction between the original relationship and its later history arises in many Subclass 820 refusals.

The discretionary factors the Department considers

The Department's Form 1099 lists factors the decision maker may take into account, while stating that they are not limited to these. They are: the purpose of the holder's travel to and stay in Australia; the extent of compliance with visa conditions now and on previous occasions; the degree of hardship that may be caused to the holder or their family, including the best interests of any child in Australia under 18 years of age; the circumstances in which the ground arose; the holder's behaviour towards the Department now and on previous occasions; and whether there are mandatory legal consequences of a cancellation decision.

Each factor deserves a separate heading in the response to a partner visa cancellation notice. The legal consequences of cancellation should be set out in full. The form itself records that cancellation may make the holder an unlawful non-citizen, may cause a bridging visa linked to a further application to cease, will cause the visas of family unit members to be cancelled, and may lead to an exclusion period of up to 3 years for certain visas. Those consequences weigh against cancellation and should be expressly drawn to the decision maker's attention.

Evidence of the relationship

Where the partner visa cancellation notice questions whether the relationship is continuing or was ever genuine, relationship evidence is central. The evidence should cover the four aspects the law requires: joint finances and shared responsibilities, the household and how it is run, how the couple present to family and friends, and their commitment to each other over time. Fresh statements from each partner and supporting statements from people who know the couple may be needed.

The evidence must fit with what was lodged originally. A response that introduces a new account of how the couple met, or new dates that conflict with the original relationship statement, will raise more questions than it answers. Our guides to the partner visa relationship statement, Form 888 witness statements and the partner visa document checklist explain the kind of evidence that carries weight. For de facto couples, the definition questions discussed in our article on the de facto partner visa and the 12-month rule may also arise.

Evidence of family violence

Where the relationship ended because of family violence, the response to a partner visa cancellation notice should say so and should provide evidence. Family violence is relevant in two ways. It explains why the relationship ended, which goes to the circumstances in which the ground arose. It may also mean the holder can still be granted permanent residence under the family violence provisions, which is a powerful reason not to cancel a Subclass 820 visa.

Family violence evidence can include court orders, police records and evidence from professionals such as doctors, psychologists, social workers and family violence services, as set out in Division 1.5 of the Migration Regulations 1994. The evidence must show that the violence, or part of it, occurred while the relationship existed. Sensitive material should be presented carefully and only to the extent needed. Our family violence partner visa page explains this area in more detail. Couples in a same-sex relationship may face particular issues in disclosing the relationship or the violence, which are discussed on our LGBTI partner visa page.

Children and the best interests of the child

Where there are children in Australia, the best interests of each child must be considered. The Department's form for a partner visa cancellation notice expressly refers to Australia's obligations under the Convention on the Rights of the Child. The response should identify each child, their age, their citizenship or visa status, their relationship with the holder and with the sponsor, their schooling, their health and the practical effect on them if the holder had to leave Australia.

Evidence matters here too. School letters, medical records, parenting orders and evidence of the holder's role in the child's daily life are more persuasive than general statements. Where the holder has custody or access rights to a child for whom the sponsor also has responsibilities, that fact may also be relevant to eligibility for the permanent visa under subclause 801.221(6).

Ties to Australia and hardship to the Australian partner

Ties to Australia and hardship are often decisive in a response to a partner visa cancellation notice. Relevant ties include the length of time in Australia, employment, including work undertaken under the work rights that come with the Subclass 820 visa and Bridging visa A, study, property, community involvement and relationships with Australian citizens and permanent residents. Hardship includes the effect of cancellation on the holder's health, safety and livelihood, the conditions they would face if they had to leave, and the effect on an Australian partner, children and wider family.

Where the relationship is continuing, the hardship to the Australian partner is a central consideration. A sponsoring partner who would have to choose between their own life in Australia and their relationship faces real hardship, and their own statement explaining that should be included. Each claim of hardship should be supported with evidence, such as medical reports, financial records or letters from employers.

Correcting incorrect information honestly

Where the partner visa cancellation notice concerns incorrect information, the response should correct the record clearly and completely. The Department has a form for this purpose, Form 1023, titled "Notification of incorrect answer(s)". The correction should explain how the error occurred, when the holder became aware of it and why it was not corrected earlier.

Honesty at this stage is not only an ethical requirement. It is also strategic. The holder's behaviour towards the Department is one of the factors the decision maker considers. A clear, early and truthful correction is far better than an incomplete explanation that later proves wrong. Giving false or misleading information in a response is itself an offence and can create a fresh ground for cancellation. Integrity concerns of the same kind also drive refusals at the application stage, discussed in our guide to partner visa appeal options after a refusal.

What happens at a cancellation interview?

A cancellation interview is a meeting at which the holder is invited to comment on the possible grounds for cancellation and to explain why the visa should not be cancelled. The Department's Form 1099 includes a section inviting the holder to provide comments at an interview on a stated date and at a stated place. Not every partner visa cancellation notice involves an interview. Many are dealt with entirely in writing.

Where an interview is arranged, it should be treated as seriously as a written response. The holder is entitled to an interpreter, and should ask for one if English is not their first language. Answers should be truthful, direct and consistent with the original application and any written response already given. The holder should not guess. If they do not know or cannot remember, they should say so.

A lawyer can prepare the holder for the interview by going through the particulars, the original application and the likely questions, without telling the holder what to say. The holder's account must be their own. Preparation is about making sure the holder understands what the interview is for and has the documents they need. A written submission can also be provided before or after the interview, so that the legal arguments are on the record in a structured form.

Interviews about the relationship

Where a partner visa cancellation notice concerns the relationship, the Department may interview the holder and the sponsor separately. The questions often cover how the couple met, key dates, living arrangements, finances, family events and daily routines. Differences between the two accounts are noted. Small differences in memory are normal in any genuine relationship. Large or unexplained differences can damage the case.

The best preparation is for each partner to read the original relationship statements and the evidence that was lodged, so that their memory is refreshed by their own documents. They should not rehearse answers together. A decision maker can usually tell the difference between two people who share a life and two people who have memorised a script. Our article on why partner visas get refused explains how inconsistencies are assessed.

What happens if you do not respond to a partner visa cancellation notice?

If a holder does not respond to a partner visa cancellation notice within the time allowed, the Department can make its decision on the information it already has. The Department's own form records that if the holder chooses not to comment, the delegate may make the decision based on the information available. That information is, by definition, the information that led the Department to issue the notice.

Not responding does not make the issue go away. It removes the holder's best opportunity to correct mistakes, provide evidence and explain the discretionary factors. It also means that, if the visa is cancelled and the matter goes to review, the record will show that the holder did not engage with the process. That can affect how the holder's later evidence is viewed.

Some people do not respond because they are afraid that anything they say will be used against them. That fear is understandable, but it is usually misplaced. The decision maker already has the adverse information. The response is the holder's chance to answer it. A carefully prepared response that stays within the facts and the law is almost always better than silence. Holders who are unsure whether to respond should read our article on getting a second opinion from an immigration lawyer and act within the response period.

What happens after the Department decides?

After the response period ends and any response is considered, the Department will decide either not to cancel the visa or to cancel it. The Department's Form 1099 provides for four outcomes: no ground exists; a ground exists but the reasons not to cancel outweigh the reasons to cancel; a ground exists and the reasons to cancel outweigh the reasons not to cancel; or cancellation is mandatory under regulation 2.43(2). Two of those four outcomes leave the visa in place, which shows why the response to a partner visa cancellation notice matters.

If the visa is not cancelled, the holder keeps their visa and the matter ends. The holder should keep a full copy of the notice, the response and the decision, because the issue may be relevant to the permanent stage or to later applications. A Subclass 820 holder who remains on the path to the Subclass 801 visa should continue to keep their relationship evidence up to date. Our guide on how long a Subclass 820 partner visa takes explains what to expect between the two stages.

If the visa is cancelled

If the visa is cancelled, the decision letter will explain the reasons and any review rights. Many partner visa cancellation decisions made in Australia can be reviewed by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The time to apply for review is short and strictly applied, runs from the date the decision is notified, and depends on the holder's circumstances, including whether they are in immigration detention. A holder whose visa has been cancelled should act immediately. Review is covered in our visa cancellations page, in our guide to ART review after a visa decision and on our visa appeal lawyer page. Where a legal error has occurred, our judicial review page explains that separate path.

Consequences of cancellation for partner visa holders

The consequences of cancellation are serious and immediate. A holder in Australia who holds no other visa becomes an unlawful non-citizen and is liable to be detained and removed. A bridging visa granted in connection with a further substantive visa application may cease. Family unit members who hold visas because of the holder will have their visas cancelled. The holder may become subject to an exclusion period of up to 3 years for certain visas, and section 48 of the Act limits the visas that can be applied for in Australia after cancellation.

The Department's notice form lists the classes of visa that remain available under section 48 after cancellation. That list includes Partner (Temporary) (Class UK) and Partner (Residence) (Class BS). That does not mean a new partner visa application will succeed. It means the door is not always closed, and the criteria, including Schedule 3 where the person is unlawful, must be examined carefully. Our guides to the Schedule 3 partner visa waiver, Schedule 3 criteria, partner visa after a visa refusal and bridging visas in Australia explain those rules. Our Schedule 3 waiver page explains how My Migration Lawyers approaches those applications.

Common mistakes when responding to a partner visa cancellation notice

The most common mistakes when responding to a partner visa cancellation notice are delay, answering the wrong ground, ignoring the discretionary factors, sending evidence without explanation, and giving an account that conflicts with the original application. Each of these mistakes is avoidable.

Delay is the most damaging. A holder who spends the first part of the response period hoping the notice is a mistake has less time to obtain evidence. Answering the wrong ground is the next most common problem. A holder who receives a section 116(1)(a) notice about separation sometimes writes at length about how genuine the relationship was at the start, which does not answer the ground. A holder who receives a section 107 notice sometimes argues hardship but never addresses whether there was non-compliance.

Ignoring the discretionary factors is a third mistake. Even where the ground clearly exists, the factors listed by the Department can carry the case. Sending a large bundle of documents without submissions explaining what each document proves is a fourth. The decision maker should not have to work out the holder's case for them. The fifth mistake is inconsistency. A response that contradicts the original application, the Form 80 or earlier interview answers gives the decision maker a new reason to doubt the holder's credibility.

There is also a quieter mistake: relying on the sponsor to handle the partner visa cancellation notice. Where the relationship has ended, the former sponsor may have provided the information that led to the notice. Where the relationship continues, the sponsor's support is valuable, but the visa holder is the person whose visa is at risk and the response must be prepared in their interests. Our article on choosing between a migration agent and a lawyer for a partner visa explains the kinds of matters where legal representation is most useful, and our guide to immigration lawyers for partner visas explains when a lawyer should be involved.

How My Migration Lawyers responds to a partner visa cancellation notice

My Migration Lawyers responds to a partner visa cancellation notice by treating it as urgent legal work from the day it arrives. The firm acts in many matters of this exact type, for Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 holders, and regularly deals with complex cases where incorrect information, a relationship breakdown, family violence and children are all in issue at once. The firm is capable of handling these matters from the first reading of the notice through to the final submission.

The work begins with the notice itself. My Migration Lawyers identifies the exact power the Department is using, the ground relied on, the particulars given and the date and method of notification, so the response period is calculated correctly and every step is planned around it. The firm then reviews the original application, the evidence that was lodged, the forms that were completed and any earlier correspondence, so that nothing in the response conflicts with what the Department already holds. Where the particulars are incomplete, the firm can seek clarification from the Department.

My Migration Lawyers then takes the client's own account and builds the response around the legal test. That means written submissions on whether the ground exists, followed by a structured answer to each discretionary factor: the circumstances in which the ground arose, compliance history, behaviour towards the Department, hardship to the holder and their family, the best interests of any child, ties to Australia and the legal consequences of cancellation. Where family violence is involved, the firm identifies the evidence that the family violence provisions recognise and explains how those provisions bear on both the cancellation and the path to permanent residence. Where incorrect information is involved, the firm prepares a clear and truthful correction. Where more time is genuinely needed, the firm makes a properly reasoned request before the period ends, while still lodging the strongest possible response within it.

Where an interview is arranged, My Migration Lawyers prepares the client to understand the process and the issues, so that they can give their own account clearly and truthfully. Throughout, the firm keeps the wider picture in view, including the effect of the decision on a pending Subclass 801 application, on family members and on any future application. The firm cannot promise any outcome. What it does is make sure that the decision maker has the full legal argument and the full evidence before deciding.

The firm's work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our approach as partner visa lawyers and our work on visa refusals. My Migration Lawyers acts for clients across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Readers comparing firms can also see our guides to choosing the best partner visa lawyer in Australia, in Sydney, in Melbourne and in Brisbane.

If you have received a partner visa cancellation notice, do not wait for the period to run down. Book a consultation with My Migration Lawyers today and send us the notice as soon as possible. You can also call My Migration Lawyers on 1300 040 300.