Key Takeaways
- A partner visa rejected letter can mean two very different things: an invalid application, which was never decided on its merits and has no Tribunal review, or a refusal under section 65 of the Migration Act 1958, which can usually be taken to the Administrative Review Tribunal.
- An invalid application is usually fixed by correcting the defect and lodging a new, valid application. A refusal is usually challenged by applying for merits review within a short deadline that is strictly applied and cannot be extended.
- The letter itself tells you which one you have. A refusal notice must set out your review rights. A notice of invalid application does not, because there is no decision to refuse.
- Common reasons a partner visa is rejected include doubts about the relationship, the 12-month de facto requirement, Schedule 3 criteria, sponsorship problems, character and police certificate issues, and failure to respond to a Department request.
- Bridging visa status changes after a rejection, and a person in Australia may be barred by section 48 from making most new applications, so the right next step depends on reading the letter correctly and acting immediately.
What does "partner visa rejected" actually mean?
A partner visa rejected letter means the Department of Home Affairs will not grant the visa you applied for, but the law treats a rejection in one of two very different ways: either the application was invalid and was never considered, or it was considered and refused. If your partner visa rejected notice has just arrived, the first job is to work out which of these two things has happened, because the next step, the deadline and your options all depend on it.
People use the words "rejected", "refused" and "denied" as if they mean the same thing. In migration law they do not. A partner visa rejected because the application was invalid has not been assessed at all. Nobody has looked at your relationship, your evidence or your sponsor. A partner visa rejected because it was refused has been assessed, and the decision maker was not satisfied that you met one or more criteria. These are separate legal events with separate consequences.
This guide is written for couples who can still act. It explains how to tell an invalid application from a refusal, what to do in each case, the common reasons a partner visa is rejected, and what happens to your bridging visa. It applies to the onshore Subclass 820 visa and Subclass 801 visa, to the offshore Subclass 309 visa and Subclass 100 visa, and to the Subclass 300 prospective marriage visa. For the wider picture of the partner visa programme, see the complete partner visa guide.
Why the difference matters in practice
The difference between invalidity and refusal decides almost everything that follows a partner visa rejected letter. A partner visa rejected by refusal usually carries a right to merits review by the Administrative Review Tribunal. An invalid application does not. A refused application may leave you subject to section 48 of the Migration Act 1958 if you are in Australia without a substantive visa. An invalid application raises different questions about your visa status. A person who treats an invalid application as a refusal can waste time preparing a review that the Tribunal has no power to hear. A person who treats a refusal as a simple paperwork problem can miss the review deadline altogether.
That is why My Migration Lawyers reads every partner visa rejected letter first, before giving any advice on what to do next. The guide on partner visa refusals explains how the firm approaches refused matters, and the visa refusals page covers refusals across other visa types.
Is my partner visa rejected, or was the application invalid?
Your partner visa is rejected on its merits only if the Department made a decision to refuse it under section 65 of the Migration Act 1958; if instead the Department decided the application was not valid, there was no refusal at all. Section 46 of the Migration Act sets out when a visa application is valid. An application that does not meet those requirements is not a valid application, and under section 47 the Minister is not to consider it. The Act also makes clear that a decision that an application is not valid is not a decision to refuse to grant a visa.
So a partner visa rejected for invalidity is, legally, not a refusal. It is a finding that no valid application ever existed. The Department simply had nothing it was allowed to decide.
Where the validity rules for partner visas come from
Each visa class has its own validity requirements in Schedule 1 to the Migration Regulations 1994. For onshore partner visas, the relevant item is item 1124B. For the offshore Subclass 309 visa, it is item 1220A. For the Subclass 100 visa, it is item 1129. For the Subclass 300 visa, it is item 1215. These items specify things such as the approved form, the visa application charge, where and how the application must be made, and where the applicant must be when applying.
For example, under paragraph 1124B(3)(b), an applicant for an onshore partner visa must be in Australia, but not in immigration clearance, when the application is made. An application made in the wrong place, in the wrong way, or without the charge being paid can be invalid. These are not findings about your relationship. They are technical gateway requirements, and failing one means the merits are never reached.
Common reasons a partner visa application is invalid
A partner visa rejected for invalidity usually traces back to one of a small number of problems. The most common are these.
The applicant was subject to section 48 and did not meet the extra requirements. Section 48 applies, broadly, to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. Partner visas are among the classes such a person can still apply for, but paragraph 1124B(3)(e) imposes extra conditions. Under subparagraph 1124B(3)(e)(i), a person subject to section 48 cannot make a valid application if they have had a partner visa refused since they last entered Australia. The same paragraph requires the sponsorship form to be provided at the time of application, together with two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens who know the couple. This is one of the few situations where real statutory declarations are required by law, and supplying Form 888 statements instead can leave the application invalid.
The applicant held a visa with a "no further stay" condition. A person whose visa carries condition 8503, 8534 or 8535 cannot make a valid application for most visas while in Australia unless the condition has been waived. The guide on whether you can apply for a Subclass 820 visa with condition 8503 explains how this works.
A recent partner visa refusal. Under paragraph 1124B(3)(d), a person who holds a Subclass 820 or Subclass 309 visa and applies for the permanent stage must not have had a spouse or partner visa refused in a short period immediately before the new application. The purpose is to prevent serial applications.
The charge, form or lodgement method was wrong. Applications must generally be lodged online through ImmiAccount. If you are setting up your account for the first time, the guide on how to create an ImmiAccount is a useful starting point.
The Department may let you fix a quick defect
Under the Department's general procedures, if an invalidity can be fixed quickly and easily, such as a charge that was not paid correctly, the applicant should usually be given a chance to fix it before the application is found to be invalid. If the defect is not fixed in a reasonable period, or cannot be fixed quickly, a formal finding of invalidity is made and the applicant is notified in writing. If you receive any message asking you to correct a payment or a form, respond immediately. Ignoring it can turn a fixable problem into a partner visa rejected for invalidity.
How do I tell from the letter which one I have?
You can tell whether your partner visa is rejected on its merits or found invalid by reading the heading and the review rights section of the letter. A refusal notice is issued under section 66 of the Migration Act 1958, and that section requires the notice to state the criterion the applicant did not meet, the reasons, and whether the decision can be reviewed, by whom, and within what time. A notice of invalid application does not contain a decision to refuse, so it will not offer Tribunal review rights.
Signs you have a refusal
A refusal letter usually refers to section 65 of the Migration Act 1958, names the visa subclass that was refused, identifies the criterion or criteria not met, attaches or refers to a decision record with reasons, and includes a section headed "Review rights" or similar. It tells you whether you can apply to the Administrative Review Tribunal, who must make the application, and how long you have. If your partner visa rejected letter contains this information, you have a refusal.
Signs you have an invalid application
A notice of invalid application usually says that the application is not valid, refers to section 46 or section 47 of the Migration Act 1958 or to the relevant Schedule 1 item, and explains which validity requirement was not met. It will not contain a decision record assessing your relationship. It will not offer Tribunal review, because a finding of invalidity is not a reviewable refusal.
Signs of a character refusal
A third kind of letter exists. If a partner visa is refused on character grounds under section 501 of the Migration Act 1958, the notification rules are different and the review pathway is different. The deadline to seek review of a section 501 decision made about a person in Australia is shorter again and cannot be extended. If your letter mentions section 501, treat it as urgent and get advice the same day. The guide on visa cancellations covers related character issues.
If the letter is unclear
Sometimes a letter is poorly worded, or a couple only sees an ImmiAccount status that says "Refused" or "Invalid". In that case, download every document attached to the application in ImmiAccount, including the decision record and the notice. If you cannot tell which kind of partner visa rejected letter you have, assume the shortest possible deadline applies and seek advice immediately. The guide on urgent immigration lawyer advice explains what to have ready.
What should I do if my partner visa application was invalid?
If your partner visa was rejected because the application was invalid, the usual response is to identify the exact defect, check your current visa status, fix the problem and lodge a new valid application as soon as you can. Because no decision was made on the merits, there is generally nothing for the Tribunal to review. The remedy is a correct application, not an appeal.
Step 1: Identify the exact validity defect
Read the partner visa rejected notice closely and match it to the Schedule 1 item. Was the problem the place of application, the applicant's location, the form, the charge, a section 48 requirement, a no further stay condition, or a recent refusal? Each has a different fix. A charge problem may be simple. A no further stay condition may require a waiver before any new application can be valid. A section 48 problem may mean the applicant must meet the extra requirements in paragraph 1124B(3)(e), or must apply from outside Australia.
Step 2: Check your visa status now
An invalid application cannot support a bridging visa in the normal way. If you were granted a bridging visa when you lodged, that bridging visa ceases a fixed period after the application is found to be invalid. You may still hold the visa you had before lodging, or you may already be unlawful, or about to become unlawful. Work out your status today. The guides to bridging visas in Australia, Bridging Visa A and Bridging Visa B explain the main bridging visas.
Step 3: Consider Schedule 3 before re-lodging
If the applicant no longer holds a substantive visa when the new application is lodged, the Schedule 3 criteria will usually apply to the onshore partner visa. Those criteria can be waived for compelling reasons, but the new application must deal with them directly. The guides on Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the test, and the firm's Schedule 3 waivers page sets out how it helps.
Step 4: Lodge a complete, valid application
The new application should be checked against every validity requirement before it is lodged, not after. That includes the sponsor's form, the charge, the applicant's location and any section 48 requirements. A partner visa rejected twice for invalidity is a costly and avoidable outcome. The partner visa document checklist is a useful cross-check for the evidence side of the new application.
What should I do if my partner visa is rejected after a decision on the merits?
If your partner visa is rejected by a refusal decision under section 65, the usual next step is to consider merits review by the Administrative Review Tribunal, and the review application must be lodged within a short deadline that is strictly applied. A refusal is a decision about whether you met the criteria. The Tribunal can look at that decision again, consider new evidence and make a fresh decision. In most cases this review right is the most important protection a couple has after a partner visa rejected decision.
Who can apply for review
Who can apply depends on the subclass. For a refused Subclass 820 visa, review is generally available under subsection 338(2) of the Migration Act 1958, and only the visa applicant can apply. Under section 347, the applicant must be physically present in Australia when the review application is made. A Subclass 820 applicant who leaves Australia before applying for review will lose the right to seek review.
If an offshore Subclass 309 partner visa is rejected, the review right belongs to the applicant, not the sponsor. Under section 338(9) of the Migration Act 1958 and regulations 4.02(4)(saa) and 4.02(5)(raa) of the Migration Regulations 1994, the applicant makes the review application in their own name, and there is no requirement for the applicant to be in Australia. This is often missed by couples where the applicant receives the partner visa rejected email and assumes nothing can be done from overseas.
For the permanent Subclass 100 visa, review rights depend on where the applicant was when the application was made and when the decision was made. The Department's policy states that an offshore applicant who is refused while outside Australia has no merits review rights. An applicant who was in Australia when refused can generally seek review, but must be in Australia when lodging the review application.
The deadline is short and cannot be extended
The time limit for applying for review of a partner visa refusal is set by section 347 of the Migration Act 1958. It is short. It runs from notification of the decision, not from when you happen to read it. The Department's procedural guidance states that the timeframe to apply for review of a reviewable migration decision cannot be extended, that an application made after the timeframe has ended is not properly made, and that the Tribunal does not have jurisdiction to consider it.
The practical lesson is simple. If your partner visa is rejected by refusal, check the review period stated in the letter on the day you receive it, and treat the deadline as fixed. The guide on partner visa refused appeal options explains the review pathway in more detail.
Can you appeal a partner visa rejected decision to the ART?
Yes. Most partner visa rejected decisions that are refusals can be taken to the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The exceptions include invalid applications, which are not refusals, some offshore Subclass 100 refusals where the applicant was outside Australia, and decisions made personally by the Minister.
Merits review of a partner visa rejected decision is not an appeal on a technical point of law. The Tribunal stands in the shoes of the original decision maker. It considers the application afresh on the evidence before it when it makes its decision, including evidence that was not before the Department. That is why a partner visa rejected because evidence was thin or a document was missing can sometimes be put right on review.
What the Tribunal can do
After review, the Tribunal may affirm the refusal, set it aside and substitute a new decision, or set it aside and remit the matter to the Department with a direction, for example that the applicant meets a particular criterion. In partner visa matters, remittal is the most common favourable outcome. The case goes back to the Department to finish processing, with the Tribunal's finding on the criterion that caused the refusal.
What happens at review
The Tribunal usually invites the applicant to a hearing, and the sponsor and witnesses may give evidence. Both partners may be asked detailed questions about the relationship. Documents can be filed before the hearing. The guide on what to expect at an ART review after your visa is refused walks through the process, and the guide to choosing a visa appeal lawyer explains what representation involves.
If the Tribunal affirms the refusal
If the Tribunal affirms a partner visa rejected decision, judicial review in the courts may be possible, but only for legal error, not to re-argue the facts. Judicial review deadlines are also short. The firm's judicial review page explains when this pathway may be relevant.
Why is a partner visa rejected? The common reasons
A partner visa is rejected most often because the decision maker is not satisfied that the couple is in a genuine and continuing relationship, but many refusals turn on other criteria, including the 12-month de facto requirement, Schedule 3, sponsorship, character, police certificates and failure to respond to Department requests. The reason in your decision record matters, because it tells you what must be fixed on review or in a new application. The summaries below are deliberately short. The detail is in the linked guides.
The relationship was not accepted as genuine
The most common reason a partner visa is rejected is that the decision maker was not satisfied the couple is in a genuine and continuing relationship. For married couples, the test is in section 5F of the Migration Act 1958, and for de facto couples, section 5CB. The decision maker must consider all of the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The Department's policy says that a refusal on the relationship must address all four of those matters, unless the refusal is because the marriage is not valid.
Relationship refusals usually point to gaps, inconsistencies or thin evidence. The guides on why partner visas get refused, the most common Subclass 820 refusal reasons, partner visa relationship evidence and preparing evidence of a genuine relationship cover this ground.
The de facto relationship was too short
For de facto couples, regulation 2.03A of the Migration Regulations 1994 generally requires the de facto relationship to have existed for at least 12 months immediately before the application, unless an exception applies. The exceptions include compelling and compassionate circumstances, and a relationship registered under a prescribed State or Territory law. The Department's policy accepts that a relationship registered after lodgement but before the decision can still meet the registration exception. A partner visa rejected on this ground can sometimes be addressed on review if the relationship has since been registered or the couple has married. The guides on the de facto partner visa and on whether you really need 12 months of de facto relationship explain the rule.
Schedule 3 was not met and not waived
Onshore applicants who did not hold a substantive visa when they applied must usually meet the Schedule 3 criteria or show compelling reasons for those criteria to be waived. A partner visa rejected on Schedule 3 grounds often turns on whether the decision maker accepted that compelling reasons existed at the time of application.
The sponsorship was not approved
The sponsor must be approved. Sponsorship can be refused where the sponsorship limitations apply, for example where the sponsor has sponsored previous partners within certain limits, or where the sponsor has been convicted of certain relevant offences and has a significant criminal record. Where the sponsorship is not approved, the visa must be refused, so the partner visa is rejected even if the relationship is accepted. The guides on when a sponsor cannot sponsor a partner visa and the firm's sponsorship limitations page cover this.
Character, police certificates and integrity
Applicants must satisfy public interest criterion 4001, which relates to the character test in section 501 of the Migration Act 1958, and public interest criterion 4020, which relates to false or misleading information and bogus documents. A surprising number of partner visa rejected decisions turn on missing or expired police certificates rather than on actual criminal history. Others turn on incorrect answers in the forms. Accuracy in Form 80 and in the application form matters for this reason.
No response to a Department request
A partner visa is often rejected because the Department asked for information under section 56, or invited comment on adverse information under section 57, and the couple did not respond, responded late, or responded without dealing with the concern. The guides on responding to a section 56 request and the s57 natural justice letter for a partner visa explain how to respond. Responding properly at this stage can prevent a partner visa rejected decision altogether.
Changes the Department was not told about
Applicants must tell the Department about changes in circumstances, and a failure to do so can lead to a partner visa rejected decision. Changes include a new address or the end of the relationship. A refusal can follow where the Department learns of a change from another source. The guide on Form 1022 change of circumstances explains when to notify. If the relationship has broken down, the guide on what happens if the relationship breaks down applies, and where family violence is involved the family violence provisions may be relevant.
What if my partner visa is rejected at the permanent stage?
If your partner visa is rejected at the permanent stage, meaning the Subclass 801 visa or the Subclass 100 visa is refused, you generally keep your temporary Subclass 820 or Subclass 309 visa until you are notified of the refusal, and review rights then depend on the subclass and where you were. A partner visa rejected at this stage is a fresh decision, not a cancellation of the temporary visa. The Department's policy describes the permanent stage as a fresh assessment of the relationship on the evidence before the decision maker at the time of decision.
Why the permanent stage can be refused
At the permanent stage, the decision maker asks again whether the couple remains in a genuine and continuing relationship. A partner visa rejected at this point often reflects a relationship that has ended, evidence that has not been updated since lodgement, a change of circumstances that was not reported, or new character information. The Subclass 820 vs Subclass 801 guide explains how the two stages fit together, and the Subclass 820 partner visa guide sets out the criteria in more detail.
Review rights at the permanent stage
A refused Subclass 801 visa can generally be reviewed by the Tribunal, on the same basis as other onshore refusals, and the applicant must be in Australia to apply. For the Subclass 100 visa, the Department's policy explains that an applicant who lodged offshore and was refused while outside Australia has no merits review right, while an applicant refused while in Australia generally can seek review. A Subclass 309 holder who expects a permanent stage decision should think carefully about travel for that reason.
Serial applications after a permanent stage refusal
Paragraph 1124B(3)(d) exists because a person refused at the permanent stage still holds the temporary visa until notified, and could otherwise lodge another partner visa straight away. That paragraph prevents a further valid application within a short period after a partner visa refusal unless the person obtains a different substantive visa or meets the section 48 requirements. If your partner visa is rejected at the permanent stage and the relationship has ended, the family violence provisions or the provisions about children of the relationship may still be relevant, and the guide on relationship breakdown explains them.
What happens to my bridging visa when my partner visa is rejected?
When an onshore partner visa is rejected by refusal, the bridging visa granted with that application generally continues for a fixed period after the refusal decision, and if a valid review application is made on time, it continues while the review is decided. If no review is sought, the bridging visa ceases at the end of that fixed period and the person must hold another visa or depart. The rules differ slightly between Bridging Visa A, Bridging Visa B and Bridging Visa C, but the principle is the same.
If you apply for review on time
Under the Schedule 2 cessation rules, a bridging visa associated with the substantive application generally continues while a review application lodged within time is decided, and then ceases a fixed period after the Tribunal's decision, unless the Tribunal remits the matter. If the matter is remitted, the bridging visa generally continues while the Department reconsiders. Work and travel conditions on the bridging visa continue to apply. The guide on work rights while waiting for a Subclass 820 visa explains the conditions that usually attach.
If you apply late
A review application made outside the time limit is not properly made. The Department's policy explains that once the time limit has passed, the visa application is finally determined, so a further bridging visa cannot be granted in association with it. This is one more reason a partner visa rejected decision must be acted on immediately.
If the application was invalid
If a partner visa was rejected for invalidity, any bridging visa granted with it ceases a fixed period after the finding of invalidity. There is no review period to extend it. The applicant needs to establish a lawful basis to remain, often by lodging a new valid application promptly.
Offshore applicants
For offshore Subclass 309 applicants, the bridging visa issue does not usually arise because the applicant is outside Australia. The applicant's review application does not give the applicant any right to enter Australia. If the applicant is in Australia on a visitor visa when the partner visa is rejected, the visitor visa conditions continue to apply, and the guide on moving from a tourist visa to a partner visa explains the risks of switching onshore.
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Should you seek review or reapply after a partner visa rejected decision?
After a partner visa rejected decision that is a refusal, review is usually the stronger first step for an onshore applicant, because section 48 may prevent a new onshore application and a valid review keeps the bridging visa in place. Reapplying can be the better path for an offshore couple, or where the refusal turned on a problem that a fresh application can fix more quickly than a review. The right answer depends on the subclass, the reason for refusal, the applicant's location and visa status, and the evidence now available.
Section 48 and onshore applicants
An onshore applicant whose partner visa is rejected and who no longer holds a substantive visa will usually be subject to section 48. Partner visas remain available to such a person, but subparagraph 1124B(3)(e)(i) prevents a valid new partner visa application if a partner visa has been refused since the applicant last entered Australia. In practical terms, an onshore applicant refused a partner visa usually cannot simply lodge another onshore partner visa. The guide on applying for a partner visa after a visa refusal explains the options.
Offshore couples
For a Subclass 309 couple, the applicant's review right and a fresh offshore application are both available in principle. A new application starts again, with new charges and new processing. A review keeps the original application alive. The choice depends on the reason for refusal and on the strength of the evidence that can now be put forward.
When reapplying makes sense
Reapplying may make sense where the partner visa was rejected because of a defect that a new application avoids, such as a de facto relationship that now meets the 12-month requirement, a marriage that has now taken place, or a sponsor whose limitation no longer applies. Even then, review may still be worth lodging to protect the applicant's position while the new application is prepared. These are strategic decisions that should be made with full knowledge of the decision record.
How to read the decision record after a partner visa is rejected
The decision record tells you exactly why your partner visa was rejected: which criterion was not met, what evidence the decision maker relied on, and what evidence was missing or not accepted. Every partner visa rejected decision should be read with the record open, because it is the most important document you will receive. Read it as a list of problems to be answered, not as a final verdict on your relationship.
What to look for
First, identify the criterion on which the partner visa was rejected. Was it the relationship, the 12-month de facto requirement, Schedule 3, sponsorship, a public interest criterion, or something else? Second, list every factual finding the decision maker made. Third, note every piece of evidence in the partner visa rejected decision record the decision maker said was missing, inconsistent or given little weight. Fourth, check whether the decision maker considered all four aspects of the relationship where the refusal was about the relationship. Fifth, check whether the decision maker put adverse information to you under section 57 before relying on it.
Turning the record into a plan
Each finding should be matched to a response. If the decision maker said there was no evidence of joint finances, what evidence actually exists, and why was it not provided? If the decision maker found the partners' interview answers inconsistent, is there an explanation, and can it be supported? If the decision maker relied on a missing police certificate, can the certificate now be obtained? A partner visa rejected decision often contains a road map of exactly what the Tribunal will need to see. The relationship statement may need to be updated in the couple's own words, and new Form 888 statements from people who know the couple may help. The guide to Form 888 example answers and common mistakes explains what makes those statements useful.
Do not rewrite history
The response to a partner visa rejected decision must be true. The relationship statement is the couple's own evidence, and every new document must be consistent with what was already said, or must openly explain any difference. Inventing a better story after a partner visa is rejected is the fastest way to turn a curable refusal into an integrity problem under public interest criterion 4020.
What ART decisions show after a partner visa is rejected
Tribunal decisions show that many partner visa rejected decisions are sent back to the Department once missing evidence is supplied or the relationship is assessed again on the full facts. The decisions below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision and do not mean any later outcome was a grant.
Police certificates and character evidence
In Budiongo (Migration) [2025] ARTA 440, a Subclass 309 matter, the issues recorded were criminal history and police clearance certificates provided upon review. In Gilmer (Migration) [2024] AATA 2841, a Subclass 820 matter, the recorded issue was criminal history with a Spanish police clearance provided upon review. In Fouracres (Migration) [2024] AATA 61, the recorded issues were that an Australian Federal Police certificate expired before the visa was finalised and a new certificate was provided to the Tribunal. These decisions show that a partner visa rejected for a paperwork gap in character evidence can sometimes be resolved on review.
Relationship at the time of application
In COLLIASS (MIGRATION) [2026] ARTA 855 and MARENTES (MIGRATION) [2026] ARTA 665, both Subclass 820 matters, the issues recorded were a genuine and continuing relationship at the time of application, a valid marriage, and the four aspects of the relationship. In AYIRCUM (Migration) [2024] AATA 2076, a Subclass 309 matter, the issues recorded included limited documentary evidence provided with the visa application, concerns about the purpose of the relationship, a valid marriage and the length of the relationship.
Schedule 3 and visa status at application
In Fu (Migration) [2025] ARTA 669, the issues recorded included compelling reasons to waive the Schedule 3 criteria and no substantive visa at the time of application. In 2218614 (Migration) [2025] ARTA 2933, the recorded issues included compelling reasons to waive Schedule 3, no substantive visa at application, and limited but persuasive evidence of the relationship.
Procedural gaps
In Seelarak (Migration) [2024] ARTA 110, the recorded issue was that the sponsorship form had been provided and the Tribunal was satisfied that the sponsorship requirement was met. In Bobadilla (Migration) [2022] AATA 232, the issues recorded included no response to the Department's request for further information, a visit to the home country and a change of contact details. In Radings (Migration) [2024] AATA 2840, a Subclass 300 matter, the recorded issues were that the parties had married since the primary decision and the application was taken to be an application for a permanent partner visa. Together, these decisions show why a partner visa rejected decision should be read carefully for what can still be supplied or changed before the Tribunal decides.
Mistakes to avoid after a partner visa is rejected
The most damaging mistakes after a partner visa is rejected are missing the review deadline, treating an invalid application as a refusal or the reverse, leaving Australia before lodging review, and responding with evidence that contradicts what was already filed. Each of these can close options that were otherwise open.
Missing the deadline
The review deadline after a partner visa is rejected is short and strictly applied. Waiting to "gather evidence first" is a common error. The review application can usually be lodged first and the evidence filed afterwards.
Leaving Australia too early
A Subclass 820 applicant must be in Australia to lodge a review application. Travelling overseas after a partner visa is rejected, even briefly, can remove the review right.
Lodging a new application that cannot be valid
An onshore applicant subject to section 48 who lodges a new partner visa without checking subparagraph 1124B(3)(e)(i) may simply receive a second invalidity notice, and lose more time.
Ignoring the sponsor
For Subclass 309 refusals, the applicant is the review applicant, even from outside Australia. In every partner visa review, the sponsor's evidence is central. A sponsor who disengages after a partner visa is rejected can seriously weaken the review.
Going it alone with a complex refusal
Some partner visa rejected decisions are straightforward. Others involve character, Schedule 3, sponsorship limitations or credibility findings. Couples who lodged themselves often seek a second opinion from an immigration lawyer or look at hiring an immigration lawyer after lodging their own application. The guides on partner visa lawyer vs doing it yourself and on the difference between a migration agent and a lawyer for a partner visa set out the considerations factually.
A first-week action list after a partner visa rejected letter
The first week after a partner visa rejected letter should be spent confirming the type of decision, protecting the deadline, securing your visa status and collecting the documents the response will need. Most of the damage in refused matters is done in this first week, by delay or by the wrong first step, not by the reasons in the decision.
Day one: secure the documents
Download the notice, the decision record and every document attached to the application from ImmiAccount. Save the date the notice was sent and the date it was received. If the partner visa rejected notice was sent to an authorised recipient or a former representative, ask for a copy immediately. Write down the review deadline exactly as the letter states it.
Day one or two: confirm the decision type
Decide whether you have a refusal, an invalidity finding or a section 501 character decision. If you have a refusal, confirm who must lodge the review, whether the applicant or the sponsor. If you have an invalidity finding, identify the Schedule 1 requirement that was not met. If you are unsure, get advice before the end of the day.
Within the first days: lodge review if that is the path
Where review is the right response to a partner visa rejected decision, lodge the review application well before the deadline. The application does not need to contain every argument. Evidence and submissions can be filed later, within the timetable the Tribunal sets.
During the week: check status, travel and work
Confirm which visa you now hold and its conditions. Do not travel overseas without advice. Keep working only within the conditions of your current visa. The Subclass 820 visa guide and the Subclass 820 visa explained guide cover the conditions that typically apply.
During the week: start the evidence list
Make a list of every finding in the decision record and every piece of evidence that could answer it. The 820 partner visa evidence checklist is a useful prompt. Ask witnesses early, because good Form 888 statements take time. Order any missing police certificates now, because they can take weeks to arrive.
How My Migration Lawyers responds when a partner visa is rejected
My Migration Lawyers responds to a partner visa rejected letter by first confirming whether it is an invalidity finding or a refusal, then fixing the review deadline and the client's visa status, and only then building the response to the reasons given. The firm acts in many partner visa matters after refusal and invalidity, and it regularly handles complex cases involving Schedule 3, section 48, sponsorship limitations, character and police certificate issues, and credibility findings about the relationship.
What the firm does, step by step
First, the firm reads the notice and the decision record and identifies exactly what kind of partner visa rejected decision has been made, the criterion relied on, and the review rights stated. Second, it confirms the deadline for review of the partner visa rejected decision and who must lodge, whether the applicant or the sponsor, and lodges the review application within time where review is the right path. Third, it checks the applicant's current visa and bridging visa position and advises on travel and work in the meantime. Fourth, it maps each finding in the decision record against the evidence that exists, identifies what is missing, and explains to the couple what further evidence is realistically available. Fifth, it reviews the couple's own updated relationship statement and any new Form 888 statements for gaps and inconsistencies, and the couple correct and confirm their own accounts. Sixth, it prepares written submissions to the Tribunal and prepares the couple and witnesses for the hearing.
Where a partner visa was rejected because the application was invalid, the firm identifies the validity defect, advises on Schedule 3, section 48 and any no further stay condition, and prepares a new application that is checked against every Schedule 1 requirement before it is lodged. Where the firm is appointed to act, it lodges Form 956 so the Department or Tribunal corresponds with the firm.
Who handles your matter
Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. My Migration Lawyers is an Australian immigration law firm with an office at Level 1, 60 Martin Place, Sydney, and it advises couples Australia-wide by video, including clients of its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts in wider refusal matters through its immigration lawyers in Sydney, Melbourne, Brisbane and Perth. Couples choosing representation after a refusal can read the guides to the best partner visa lawyer in Australia, a partner visa lawyer, and what an immigration lawyer does, as well as the guide to booking an immigration lawyer consultation.
Book a consultation about your partner visa rejected decision
If your partner visa is rejected, the deadline is already running. Do not wait until you have every document. Book a Consultation with My Migration Lawyers and send the notice and decision record so the firm can confirm what kind of decision you have and what must be done first. You can also call 1300 040 300.
Frequently Asked Questions
What does it mean if my partner visa is rejected?
It means the Department will not grant the visa, but the reason matters. A partner visa rejected because the application was invalid was never assessed on its merits. A partner visa rejected by a refusal under section 65 was assessed and the decision maker was not satisfied you met a criterion. The letter tells you which one you have, and the next step is different for each.
Is an invalid partner visa application the same as a refusal?
No. Under the Migration Act 1958, a decision that an application is not valid is not a decision to refuse a visa. An invalid application cannot be considered at all. That is why an invalidity notice does not offer Tribunal review rights. The usual remedy is to fix the defect and lodge a new, valid application.
How do I know if my partner visa was refused or found invalid?
Read the notice. A refusal notice refers to a decision to refuse the visa, states the criterion not met, includes or refers to reasons, and sets out your review rights and the time limit. An invalidity notice says the application is not valid and identifies the validity requirement that was not met. If you cannot tell, treat the matter as urgent and get advice the same day.
Can I appeal if my partner visa is rejected?
Usually yes, if it was a refusal. Most partner visa refusals can be reviewed by the Administrative Review Tribunal. The main exceptions are invalid applications, some offshore Subclass 100 refusals made while the applicant was outside Australia, and decisions made personally by the Minister. The review application must be lodged within a short deadline that is strictly applied.
How long do I have to apply for review after a partner visa is rejected?
The time limit is short and is stated in your refusal letter. It runs from notification of the decision. The Department's guidance says the timeframe for review of a reviewable migration decision cannot be extended, and a late application is not properly made. Check the deadline on the day the letter arrives and lodge the review application first, then gather evidence.
Who applies for review if a Subclass 309 partner visa is rejected?
The applicant applies for review of a refused Subclass 309 visa, in their own name, not the Australian sponsor. There is no requirement for the applicant to be in Australia when applying. Many couples miss this and assume nothing can be done because the applicant is outside Australia. The couple should check the deadline in the refusal letter immediately.
Can I leave Australia after my Subclass 820 partner visa is rejected?
Leaving before you apply for review can remove your review right. An application for review of a refused Subclass 820 visa can only be made by the applicant while physically present in Australia. Travel after a refusal can also affect your bridging visa. Get advice before booking any travel.
What happens to my bridging visa if my partner visa is rejected?
A bridging visa granted with an onshore partner visa application generally continues for a fixed period after a refusal. If you lodge a valid review application on time, it generally continues while the review is decided. If you do not seek review, it ceases at the end of that period. If the application was invalid, the bridging visa ceases a fixed period after the invalidity finding.
Can I just lodge a new partner visa if mine is rejected?
Not always. If you are in Australia without a substantive visa and had a partner visa refused since you last entered Australia, section 48 and Schedule 1 item 1124B generally prevent a valid new onshore partner visa application. Offshore couples can usually lodge a fresh application. Whether to reapply or seek review depends on the reason for refusal and your visa status.
What are the most common reasons a partner visa is rejected?
The most common reason is that the decision maker is not satisfied the relationship is genuine and continuing. Other common reasons include the 12-month de facto requirement, Schedule 3 criteria not being met or waived, sponsorship not being approved, character and police certificate issues, false or misleading information, and failing to respond to a section 56 request or section 57 invitation.
Can new evidence be used after a partner visa is rejected?
Yes. The Administrative Review Tribunal considers the application afresh on the evidence before it when it decides, including evidence that was not before the Department. New evidence must be true and consistent with what was already filed, or must openly explain any difference. Missing police certificates, further relationship evidence and new supporting statements are often filed on review.
What can the Tribunal do with a partner visa rejected decision?
The Tribunal can affirm the refusal, set it aside and substitute a new decision, or set it aside and remit the matter to the Department with a direction. In partner visa matters, remittal is the most common favourable outcome. The Department then continues processing, with the Tribunal's finding on the criterion that caused the refusal.
My partner visa was rejected because my de facto relationship was under 12 months. What now?
Check whether an exception now applies. Under regulation 2.03A, the 12-month requirement does not apply if the relationship is registered under a prescribed State or Territory law, and the Department accepts registration after lodgement but before decision. If you have since married, the de facto rules may no longer apply. These points can often be raised on review.
Is a partner visa rejected for character reasons handled differently?
Yes. A refusal under section 501 of the Migration Act 1958 follows different notification and review rules. For a person in Australia, the deadline to seek review of a section 501 decision is very short and cannot be extended. If your letter mentions section 501, seek advice immediately.
Does the sponsor need to stay involved if the partner visa is rejected?
Yes. For Subclass 309 refusals, the applicant is the person who applies for review, but the sponsor's evidence and attendance at the hearing are usually central to the case, as they are in onshore reviews. A sponsor who withdraws or disengages after a refusal can seriously weaken the review.
How can My Migration Lawyers help if my partner visa is rejected?
My Migration Lawyers confirms whether the letter is a refusal or an invalidity finding, fixes the deadline and who must lodge, checks your visa status, and then builds the response to each finding in the decision record. Where the application was invalid, the firm prepares a new application checked against every validity requirement. Consultations are by video Australia-wide.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
