Partner Visa Refused Onshore

A partner visa refused onshore is a serious event, but it is rarely the end of the matter if you act quickly. When a partner visa is refused onshore, the Department of Home Affairs has refused the Subclass 820 temporary visa and the Subclass 801 permanent visa that were lodged together in Australia. A partner visa refused onshore usually carries a right of merits review at the Administrative Review Tribunal (ART), a strict 28-day deadline, and a bridging visa that will end on a fixed date unless review is lodged in time.

This guide explains what happens after a partner visa refused onshore decision: how long you have, how to stay lawful, whether you can keep working, why travel is dangerous, what the section 48 bar means, how a Subclass 801 refusal after a Subclass 820 grant works, and what the Tribunal can do. If you need a broad overview of the refusal process first, read our guide to partner visa refusal appeal options. If you want a lawyer to look at your refusal letter now, the partner visa refusal lawyers at My Migration Lawyers act on onshore refusals across Australia.

What does it mean when a partner visa is refused onshore?

A partner visa refused onshore means the Department has decided that the applicant, who applied while in Australia, does not meet one or more criteria for the Subclass 820 visa and, as a result, the Subclass 801 visa. The onshore partner visa is a two-stage visa. The applicant lodges one combined application for both the temporary Subclass 820 visa and the permanent Subclass 801 visa, and must be in Australia when applying. Our explainer on the Subclass 820 onshore partner visa sets out how the two stages fit together, and our comparison of Subclass 820 and Subclass 801 explains when each stage is assessed.

Subclass 820 and Subclass 801 are usually refused together

When the Subclass 820 visa is refused, the Department also refuses the Subclass 801 visa. The reason is simple. A Subclass 801 visa can only be granted to a person who holds, or has held, the Subclass 820 visa in the usual pathway, so a refusal of the first stage brings down the second. The decision record should show two refusal decisions. Each has review rights, and a single review application at the ART can deal with both. This matters because a partner visa refused onshore at the first stage affects the whole pathway to permanent residence, not just the temporary visa.

What the refusal letter tells you

The refusal letter, often called the decision notice, is the most important document in the file. It tells you:

• The decision date. This is the date the delegate made the decision. It controls when your bridging visa ends.
• How the decision was sent. Email, post or in person. This controls when you are taken to have been notified, and so when the 28-day review period starts.
• The criteria not met. The decision record sets out which clauses of Schedule 2 the delegate found were not satisfied, for example the genuine relationship criteria, Schedule 3, or a public interest criterion.
• Your review rights. The notice must say whether the decision is reviewable by the ART, who may apply, and the time limit.

Read the reasons line by line. Most onshore refusals turn on a small number of findings. Our article on why partner visas get refused and our list of the most common Subclass 820 refusal reasons explain the usual grounds.

Common reasons for a partner visa refused onshore

A partner visa refused onshore is most often refused for one of these reasons:

• The relationship was not accepted as genuine and continuing. The delegate was not satisfied about the financial aspects, the nature of the household, the social aspects or the nature of the commitment, which are the four aspects of the relationship assessed under regulation 1.15A(3) for spouses and regulation 1.09A(3) for de facto partners. Our guide to partner visa relationship evidence explains what is weighed.
• The de facto relationship did not meet the 12-month requirement. See our guide to the de facto partner visa 12-month rule and whether you really need 12 months of de facto relationship for a Subclass 820.
• Schedule 3 was not met. The applicant did not hold a substantive visa when applying and the delegate found no compelling reasons to waive the criteria. Our guide to Schedule 3 criteria for the partner visa covers this in detail.
• A sponsorship limitation applied. The sponsor could not sponsor because of a previous sponsorship or the way the sponsor obtained permanent residence. See our page on partner visa sponsorship limitations.
• A public interest criterion was not met. For example PIC 4020 (false or misleading information or bogus documents) or PIC 4004 (debts to the Commonwealth).

Partner visa refused onshore: what to do in the first seven days

The first week after a partner visa refused onshore decision is when the most damage can be avoided, and the most important step is to protect the review deadline and your lawful status before doing anything else. These are the steps in order:

• Find the decision date and the notification date. Write both down. The decision date controls your bridging visa. The notification date controls the review deadline.
• Calculate the 28-day review deadline. Count 28 days starting the day after you were notified. Treat that day as the last possible day, not a target.
• Do not leave Australia. If you hold a Bridging A visa that is in effect, leaving Australia ends it. The visa applicant must also be in Australia when the review application is made.
• Keep working only within your visa conditions. Check the conditions on the bridging visa you hold now. A partner visa bridging visa often has no work conditions, but your grant notice is the record.
• Gather the full decision record. Keep the decision notice and the delegate's reasons. The ART application must include a copy of the decision notice if you have it.
• Get legal advice on the merits. A lawyer should identify which findings are wrong, which can be fixed with new evidence and whether any finding cannot realistically be overcome.
• Arrange the ART application fee. The fee must be paid within the 28 days, or a reduction requested with at least half the fee paid in that time.
• Lodge the review application early. There is no advantage in waiting until day 28. Supporting submissions and evidence can follow after lodgement.

Our guide to urgent immigration lawyer advice explains what to have ready before you speak to a lawyer, and our page on the visa refusal appeal lawyers at My Migration Lawyers explains how the firm handles refusals generally.

How long do you have to appeal a partner visa refused onshore?

You have 28 days after the day you are notified of the decision to apply to the ART for review of a partner visa refused onshore, or 7 days if you are in immigration detention on the day you are notified. This time limit is set by section 347(3) of the Migration Act 1958. It cannot be extended. A late application is not properly made, and the ART has no jurisdiction to review the decision. There is no discretion and no exception for illness, travel, a misunderstanding or a mistake by an adviser. The old 21-day and 70-day limits that applied under previous rules were repealed and do not apply to a partner visa refused onshore today.

Our guide on what to expect at an ART review after a visa is refused explains the review process from start to finish, and our article on when you need a visa appeal lawyer explains what a lawyer does at this stage.

When are you notified of the refusal?

You are taken to be notified on a date fixed by section 494C of the Migration Act, and that date depends on how the decision was sent:

• By email. You are taken to have received the decision at the end of the day it was transmitted.
• By post. You are taken to have received it 7 working days after the date of the letter, if it was posted within 3 working days of that date.
• In person. You are notified immediately when it is handed to you.

The 28 days run from the day after notification. Consider a couple whose partner visa refused onshore decision is emailed on 3 March. The applicant is notified at the end of 3 March. Day one of the review period is 4 March, and day 28 is 31 March. The review application, with the fee paid, must be properly made by the end of 31 March.

The review fee must be paid inside the 28 days

The ART charges a substantial application fee for review of a migration decision, and the fee must be paid within the 28-day period for the application to be properly made. If paying the full fee would cause severe financial hardship, a fee reduction can be requested, but at least 50% of the fee must be paid within the 28 days. If several family members were refused together and apply together, only one fee is payable for the combined review. If the ART later sets aside, varies or remits the decision, half of the fee paid is refunded. If the decision is affirmed, there is no refund. The fee rises each 1 July, so check the current amount with the ART when you lodge.

Who applies for review of a partner visa refused onshore?

The visa applicant applies for review of a partner visa refused onshore, not the sponsor. Section 347A of the Migration Act requires the applicant for a reviewable onshore decision to be physically present in Australia, which the Act calls the migration zone, when the review application is made. The Australian partner usually gives evidence and attends the hearing, but the application is in the visa applicant's name. This is different from the Subclass 300 prospective marriage visa, where the sponsor applies for review. Our pages on the Subclass 309 visa and the Subclass 300 visa explain the offshore rules.

How is a partner visa refused onshore different from an offshore refusal?

A partner visa refused onshore differs from an offshore refusal in three ways: the applicant is in Australia on a bridging visa that will end, the applicant must stay in Australia to lodge review, and the section 48 bar can limit any new application. An offshore refusal, such as a Subclass 309 refusal, does not put the applicant's lawful status in Australia at risk, because the applicant is usually living overseas.

The differences can be set out simply:

• Lawful status. After a partner visa refused onshore, the bridging visa linked to the application has a fixed end point. After an offshore refusal, there is usually no Australian visa status to protect.
• Where the applicant must be. For a partner visa refused onshore, the visa applicant must be physically in Australia when the review application is made. For a Subclass 309 refusal, the visa applicant also applies for review, but is usually outside Australia. A Subclass 100 refused while the applicant is outside Australia has no ART review right at all.
• Further applications. After a partner visa refused onshore, section 48 limits the visas the applicant can apply for in Australia. Offshore applicants are not affected by section 48 in the same way.
• Schedule 3. Onshore applicants who did not hold a substantive visa when they applied faced Schedule 3 at lodgement, and that issue often reappears in the refusal and at review. Offshore applicants do not face Schedule 3.

These differences explain why the onshore refusal is the more urgent of the two. The review is not only a second chance at the visa. It is also the mechanism that keeps the applicant lawfully in Australia while the case is decided again.

What role does the sponsor play after a partner visa refused onshore?

The sponsor does not apply for review of a partner visa refused onshore, but the sponsor's evidence is usually central to the review. The Australian partner should read the delegate's reasons, help gather documents about the relationship, give evidence at the hearing and confirm that the sponsorship remains in force. If the refusal involved a sponsorship limitation, the sponsor's own history becomes a key issue. Our guide on when a sponsor cannot sponsor a partner visa explains those limits. The sponsor should also avoid any travel that would prevent attendance at the hearing, because the Tribunal will usually want to hear from both partners.

Can family members be included in the review?

Yes, family members who were refused together with the main applicant can be included in a combined review application, and only one ART fee is payable. A dependent child who was part of the partner visa refused onshore application should be named in the review application. If a family member is not included, the refusal of that person's application may not be reviewed, and that person's bridging visa may cease on its own timetable. Check the decision notice for every person who was refused.

Will you become unlawful after a partner visa refused onshore?

No, not immediately, but you will become unlawful if your bridging visa ends and you do not hold another visa. For most applicants, the key question after a partner visa refused onshore is when the bridging visa granted with the partner application stops. The answer is fixed by Schedule 2 of the Migration Regulations 1994, and it depends on whether you lodge a review application in time.

Most people whose partner visa is refused onshore hold one of three bridging visas: a Bridging A visa (Subclass 010), a Bridging B visa (Subclass 020) or a Bridging C visa (Subclass 030). Our guide to bridging visas in Australia explains the differences, and our guide to the Bridging A visa explains the most common one.

The Bridging A visa after a partner visa refused onshore

A Bridging A visa granted with the partner application on or after 19 November 2016 ceases 35 days after the refusal decision if no review application is lodged. This rule is in clause 010.511 of Schedule 2. If a valid review application is made to the ART in time, the Bridging A visa continues. It then ceases 35 days after the ART makes its decision on the review, unless the ART remits the application to the Department. If the ART remits the matter, the Bridging A visa remains in effect while the Department reconsiders the application.

The practical result is clear. If you lodge a valid review application within 28 days, your lawful status is protected for the whole review. If you do nothing, you become unlawful when the Bridging A visa ceases, unless you hold another visa. A small number of people still hold a Bridging A visa granted before 19 November 2016. Different cessation rules apply to those visas, based on notification rather than the decision date, so they must be checked individually.

Bridging B and Bridging C visas follow the same pattern

A Bridging B visa or Bridging C visa granted in association with the partner application on or after 19 November 2016 follows the same 35-day pattern. It ceases 35 days after the refusal decision if no review is sought. If review is lodged in time, it continues and ceases 35 days after the ART decision. A Bridging C visa is usually held by a person who applied for the partner visa when they did not hold a substantive visa. A Bridging B visa is a travel bridging visa that replaces a Bridging A visa for a period. Our guide to the Bridging B visa explains how it is applied for.

Two different clocks start after a partner visa refused onshore

There are two separate time periods after a partner visa refused onshore, and they start on different days. This is the point that catches many people out.

• The review clock runs from notification. The 28 days for lodging an ART application start the day after you are notified of the decision.
• The bridging visa clock runs from the decision date. The 35 days before a Bridging A, B or C visa ceases start from the refusal decision itself, not from notification.

Consider a couple whose partner visa refused onshore decision is dated 3 March but sent by post. The applicant may not be taken to be notified until 7 working days after the letter date. The review deadline is later as a result. The bridging visa clock is not delayed. It started on 3 March. If the applicant does not lodge review, the bridging visa ceases 35 days after 3 March regardless of when the letter arrived. A person who plans around the date they opened the letter can lose lawful status earlier than expected. Lodging a valid review application within 28 days removes the problem, because the bridging visa then continues until after the ART decides.

Can you keep working after a partner visa refused onshore?

Yes, in most cases you can keep working after a partner visa refused onshore while your bridging visa remains in effect and its conditions allow work. A Bridging A visa or Bridging B visa granted with a Subclass 820 and Subclass 801 application is generally granted with nil conditions under a legislative instrument made for clause 010.611(1)(c) and clause 020.611(1)(b) of Schedule 2. That means no work restriction. The instrument applies while the partner visa application has not been finally determined. An application that is under ART review has not been finally determined, so a lodged review keeps the application alive.

A Bridging C visa is different. A Bridging C visa may carry condition 8101 (no work). A holder with condition 8101 can apply for a further Bridging C visa without work conditions if they can show a compelling need to work, for example financial hardship. Our guide to work rights while waiting for a Subclass 820 visa explains bridging visa work rights in detail.

Work rights end when the bridging visa ends. A person who becomes unlawful after a partner visa refused onshore has no permission to work. Working without permission can create further problems, including in any later visa application. Always check the conditions on your current grant notice before assuming you can work.

Can you travel overseas after a partner visa refused onshore?

You should not travel overseas after a partner visa refused onshore without legal advice, because leaving Australia can end your bridging visa and can destroy your right to review. There are three separate risks.

Leaving Australia ends a Bridging A visa

A Bridging A visa is a visa to remain in Australia, not to re-enter. Under section 82(8) of the Migration Act, a Bridging A visa that is in effect ceases when the holder leaves Australia. It cannot be revived. A person who leaves on a Bridging A visa after a partner visa refused onshore has no visa to return on, and may have no lawful way back to continue the review.

A Bridging B visa is needed to travel and return

A Bridging B visa allows the holder to leave and re-enter Australia during the travel period stated on the grant. A person who must travel during the review needs a Bridging B visa granted before departure. A Bridging B visa is not automatic. The Department must be satisfied that there is a substantial reason for travel, and the travel period may be short. Even with a Bridging B visa, section 48(3) of the Migration Act treats a person who leaves and returns on a bridging visa as having remained continuously in Australia, so the section 48 bar continues to apply after the trip.

The applicant must be in Australia to lodge the review

The visa applicant must be physically in Australia when the ART application is made for a partner visa refused onshore. This is required by section 347A(2) of the Migration Act. A person who leaves Australia before lodging cannot make a valid review application from overseas, and the 28 days will keep running. A person who has lodged the review and then travels on a Bridging B visa must also be back in time for the hearing. If the applicant does not attend a scheduled hearing, the ART may dismiss the application.

The safest course for most people after a partner visa refused onshore is to stay in Australia, lodge the review promptly, and seek advice before any travel.

What happens if you become unlawful after a partner visa refused onshore?

If your bridging visa ends and you hold no other visa, you become an unlawful non-citizen, and that has serious legal consequences. Section 189 of the Migration Act requires an officer who knows or reasonably suspects that a person is an unlawful non-citizen in Australia to detain that person. An unlawful non-citizen also has no permission to work or study and may be removed from Australia.

Becoming unlawful also changes the rules for any new visa application:

• Schedule 3 applies. A person who does not hold a substantive visa when applying for a new partner visa must deal with the Schedule 3 criteria. Criterion 3001 generally requires the application to be made within 28 days after the person last held a substantive visa. Criteria 3003 and 3004 require factors beyond the applicant's control. For the Subclass 820, these criteria can be waived only if there are compelling reasons. Our guide to the Schedule 3 partner visa waiver and our Schedule 3 waiver service page explain how compelling reasons are argued.
• Section 48 applies. A person in Australia who has been refused a visa since last entering and who does not hold a substantive visa can only apply for prescribed visas.
• A Bridging E visa may be needed. A person who is unlawful may need to apply for a Bridging E visa to regain lawful status while making arrangements or a new application. A Bridging E visa usually carries stricter conditions.
• Future visas may be affected. Time spent unlawfully and the circumstances of any departure can be relevant to later visa applications, including exclusion periods for some visas.

It is far easier to prevent a person becoming unlawful than to repair the position afterwards. For most people whose partner visa is refused onshore, a valid ART review application lodged within 28 days is the step that keeps them lawful.

Common mistakes after a partner visa refused onshore

People make predictable mistakes after a partner visa refused onshore. Each of these can cost the review or lawful status.

"I have 28 days from the date on the letter"

This is wrong. The 28 days run from the day after you are notified, and notification depends on how the decision was sent. A decision sent by email is taken to be received at the end of the day it is transmitted. A decision sent by post is taken to be received later. Work out the correct date and lodge well before it.

"My bridging visa lasts until the review deadline"

This is wrong. A Bridging A, B or C visa granted on or after 19 November 2016 ceases 35 days after the refusal decision if no review is lodged. That clock starts from the decision date. The review deadline starts from notification. The two dates do not line up.

"I can lodge the review now and pay the fee later"

This is wrong. The fee, or at least half of it with a fee reduction request, must be paid within the 28 days. An application without the fee paid in time is not properly made.

"I can go home and lodge the appeal from overseas"

This is wrong. For a partner visa refused onshore, the visa applicant must be physically present in Australia when the review application is made. Leaving Australia on a Bridging A visa also ends that visa.

"The ART can only look at the documents the Department had"

This is wrong. The ART considers the evidence available at the time of review, including new evidence that was never before the delegate. Many onshore refusals turn on gaps in evidence that can be filled at review. Our guide on how to prove your relationship is genuine explains what that evidence usually looks like.

"A new partner visa application is quicker than a review"

This is often wrong. A new onshore application after a refusal is subject to section 48 requirements and, if the applicant no longer holds a substantive visa, Schedule 3. The original application also had a bridging visa linked to it. A new application starts again from the beginning, with a new visa application charge. In some cases a new application is the right path, but that decision should be made with advice, not because it seems faster. Our guide to a partner visa after a visa refusal covers the options.

Can you lodge a new partner visa onshore after a refusal?

Yes, a new onshore partner visa application can be made after a partner visa refused onshore, because Subclass 820 and Subclass 801 are prescribed classes under regulation 2.12 for people affected by section 48, but extra validity requirements and Schedule 3 risks apply. Section 48 of the Migration Act limits a person who is in Australia, does not hold a substantive visa, and has had a visa refused or cancelled since last entering Australia, to applying only for the classes prescribed by regulation 2.12. The partner visa is one of those classes.

A person affected by section 48 must meet additional requirements in item 1124B(3)(e) of Schedule 1 for the Subclass 801 part of the combined application to be valid:

• The sponsorship form must be lodged with the application. The Australian partner must complete and sign the sponsorship form at the same time as the application is made. Ordinarily the sponsorship can follow later. For a section 48 applicant it cannot.
• Two supporting declarations from Australians. Two declarations, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, must state that the couple are in a married or de facto relationship. Each must be made no more than six weeks before the application is lodged, in the form the law requires.

If any of these requirements is missed, the new application is invalid. An invalid application does not give the applicant a bridging visa, which can leave the person unlawful.

A new application also faces Schedule 3 if the applicant does not hold a substantive visa when lodging. After a partner visa refused onshore, the applicant usually holds only a bridging visa, which is not a substantive visa. The new application then needs compelling reasons to waive the Schedule 3 criteria, unless the applicant applies within 28 days after last holding a substantive visa and meets the other criteria. Our guide on applying for a Subclass 820 with a no further stay condition and our article on moving from a tourist visa to a partner visa in Australia explain related validity traps.

Review or a new application?

For most couples whose partner visa is refused onshore, ART review is the first step to consider, because it keeps the existing application and bridging visa alive and allows the whole case to be decided again on current evidence. A new application may be appropriate where the review has no realistic prospects, for example because the refusal turned on a criterion that cannot be met at review, while a new application could meet it. Both paths can sometimes run together, but that needs careful advice about bridging visas and Schedule 3. Our page on the Subclass 820 partner visa sets out the full criteria that a fresh application must meet.

Subclass 801 refused after a Subclass 820 grant

A Subclass 801 refusal after a Subclass 820 grant is also a partner visa refused onshore, and it has the same 28-day ART review right under section 338(2) of the Migration Act. This happens at the second stage, usually about two years after the original application, when the Department assesses whether the relationship is still genuine and continuing. Our guide to how long the Subclass 820 onshore partner visa takes explains the timing of the second stage.

The status consequences are different. Clause 820.511 provides that the Subclass 820 visa permits the holder to remain in Australia until the holder is notified that the Subclass 801 application has been decided. When the Subclass 801 is refused, the Subclass 820 visa therefore ends on notification of that refusal. The bridging visa granted with the original combined application may then come back into effect, and the 35-day rule applies to it. Whether a bridging visa comes back into effect depends on the person's full visa history, so this must be checked on the actual records.

Three practical points apply to a Subclass 801 refusal:

• The relationship may have changed. If the relationship has ended, the applicant may still be eligible through the special provisions, for example where family violence occurred or where there is a child of the relationship. Our family violence partner visa page and our guide to Subclass 820 relationship breakdown explain these provisions.
• The applicant must still be in Australia to lodge review. The physical presence requirement applies to a Subclass 801 refusal in the same way.
• Change of circumstances should have been notified. Applicants must tell the Department in writing about changes, usually by Form 1022 change of circumstances. A failure to notify can become an issue at review.

How the ART reviews a partner visa refused onshore

The ART reviews a partner visa refused onshore by deciding the case again on the merits, standing in the shoes of the Department's delegate and considering the evidence available at the time of review. It is not limited to checking whether the delegate made an error. Section 54 of the Administrative Review Tribunal Act 2024 gives the ART all the powers of the original decision-maker. The ART replaced the Administrative Appeals Tribunal on 14 October 2024, and earlier Tribunal decisions remain useful guidance.

What the ART can decide

On review of a partner visa refused onshore, the ART can:

• Affirm the decision. The refusal stands.
• Vary the decision.
• Set aside the decision and substitute a new decision.
• Set aside the decision and remit the matter. The ART sends the application back to the Department with a direction, for example that the applicant meets the relationship criteria or that the Schedule 3 criteria are waived. On remittal the Department must reassess the remaining criteria, such as health and character, and is bound by the ART's finding.

Remittal is the most common favourable outcome in partner visa reviews. It means the Department is directed to proceed on the basis of the ART's findings, and the Bridging A visa remains in effect while the Department finishes the application.

The review process

The Department is a non-participating party and usually does not appear at the hearing. The applicant can request access to the documents the Department gave the ART under section 362A of the Migration Act, and should do so early. The ART usually holds a hearing at which the applicant and the sponsor give evidence, and witnesses may be called. The ART must give its decision with written reasons and notify the parties within 14 days of the decision under section 368A. If the applicant does not attend a hearing, the ART may dismiss the application, and reinstatement must be sought within 28 days after notice of the dismissal under section 368C.

Evidence at review should address each finding in the delegate's reasons. That usually means an updated relationship statement in the couple's own words, which the lawyer reviews and the couple correct and confirm, further evidence about the four aspects of the relationship, and Form 888 supporting statements from people who know the couple. Our guides on writing a partner visa relationship statement, Form 888 examples and common mistakes, the Subclass 820 evidence checklist and the partner visa document checklist explain what usually helps. If the refusal followed an unanswered section 57 natural justice letter or a section 56 request for more information, the review is the opportunity to answer the issue properly.

If the ART affirms the refusal

If the ART affirms a partner visa refused onshore decision, the bridging visa ceases 35 days after the ART decision. Court review is available only for legal error, not to reargue the facts. The Minister also has a personal, non-compellable power under section 351 of the Migration Act to substitute a more favourable decision in the public interest after an ART decision. These are limited options, which is why the ART review itself must be prepared thoroughly.

What Tribunal decisions show about a partner visa refused onshore

Published Tribunal decisions show that onshore partner visa refusals involving Schedule 3, the absence of a substantive visa and periods of unlawful residence have been set aside and remitted to the Department. These are published decisions, not cases of My Migration Lawyers, and each turned on its own facts. The reported issues in each remittal were:

• Fu (Migration) [2025] ARTA 669. A Federal Circuit Court remittal in which the Tribunal considered compelling reasons to waive the Schedule 3 criteria, where the applicant had no substantive visa at the time of application and had multiple entries permitted.
• Ali (Migration) [2026] ARTA 640. The Tribunal considered compelling reasons to waive the Schedule 3 criteria, a genuine and continuing relationship, children of the relationship and DNA testing.
• Zhang (Migration) [2026] ARTA 84. The Tribunal considered a genuine relationship, a sponsorship limitation requirement, no substantive visa at the time of application and compelling reasons.
• Kami (Migration) [2024] AATA 177. The Tribunal considered whether the applicant was the holder of a substantive visa at the date of application, compelling reasons to waive the Schedule 3 criteria and a period of unlawful residence.
• 2003271 (Migration) [2024] AATA 4140. The application was made more than 28 days after the last substantive visa was held, and a genuine and continuing relationship at the time of application was accepted.
• Yuan (Migration) [2024] AATA 3638. The application was made more than 28 days after the last substantive visa was held, a bridging visa was later granted in association with another review application, and the Tribunal considered cumulative factors.
• Carman (Migration) [2023] AATA 3822. The Tribunal considered Schedule 3 criteria, factors beyond the applicant's control, waiver of the requirement and compelling reasons.

These decisions show that a partner visa refused onshore on Schedule 3 grounds is not automatically final. The Tribunal looks at the circumstances up to the time of its own decision, and compelling reasons can arise after the application was lodged. The quality of the evidence presented at review is often decisive.

How My Migration Lawyers handles a partner visa refused onshore

My Migration Lawyers acts on partner visa refused onshore matters from the day the refusal arrives, with the first priority being the review deadline and the client's lawful status. The firm deals with complex onshore refusals, including Schedule 3 refusals, section 48 cases, sponsorship limitations, Subclass 801 refusals after a Subclass 820 grant, relationship breakdown and family violence, and acts in many matters of exactly this type. My Migration Lawyers is equipped to handle them at the Administrative Review Tribunal.

Our work on a partner visa refused onshore follows clear steps:

• Deadline and status check on day one. We identify the decision date, the method and date of notification, the exact last day for review, and the bridging visa the client holds, including when it would cease if no review were lodged.
• Travel and work advice. We confirm whether the client can keep working under the current bridging visa, and we advise against any departure that would end a Bridging A visa or prevent a valid review application.
• Analysis of the delegate's reasons. We read the decision record against the Migration Act and Schedule 2, identify each finding that can be challenged, and assess whether the problem is evidence, law or both.
• Lodging the ART application. We lodge the review application with the decision notice, confirm the fee or fee reduction request is dealt with inside the 28 days, and request the Department's documents under section 362A.
• Evidence at review. We review the couple's updated relationship statement against the evidence and the findings, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account. We check Form 888 supporting statements and other evidence on the four aspects of the relationship.
• Schedule 3 and section 48 issues. Where the refusal involves Schedule 3, we prepare submissions on compelling reasons, supported by evidence. Where a new application is being considered, we check every section 48 validity requirement before anything is lodged.
• Submissions and hearing preparation. We prepare written legal submissions and prepare the applicant and sponsor for the questions the ART is likely to ask.
• After the ART decision. If the matter is remitted, we deal with the Department on the remaining criteria. If the refusal is affirmed, we advise on the limited options and on lawful status before the bridging visa ceases.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see the firm's main partner visa lawyers page, read our guide to partner visa lawyer work in Australia, and read our article on when you need an immigration lawyer for a partner visa. If you prepared the original application yourself, our guides on hiring an immigration lawyer after lodging your own visa application, partner visa lawyer help versus doing it yourself and getting a second opinion from an immigration lawyer explain how a change of representation works, and our guide to Form 956 and 956A explains how a representative is appointed. Our explanation of the roles of a partner visa migration agent or lawyer and our guide on how to choose a partner visa lawyer in Australia set out what to look for. For the wider partner visa framework, see our complete guide to partner visas in Australia.

My Migration Lawyers acts for clients whose partner visa is refused onshore across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Same-sex couples can read about our LGBTI partner visa work.

Every partner visa refused onshore is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure the review is lodged correctly and on time, that your lawful status is protected while the review runs, and that the Tribunal receives a complete and consistent case on every finding that led to the refusal.

Book a consultation with My Migration Lawyers to have your partner visa refused onshore decision reviewed before the 28-day deadline. You can also call us on 1300 040 300.