Partner Visa Section 48 Bar

A section 48 partner visa application is possible. Section 48 of the Migration Act 1958 does not stop a person in Australia from applying for a partner visa after a refusal or cancellation, but it does change the rules that decide whether that application is valid.

Many people are told that section 48 means they cannot apply for any visa in Australia. That is not correct for partner visas. The Partner class, which covers the onshore Subclass 820 visa and the permanent Subclass 801 visa, is one of the classes the Migration Regulations 1994 allow a section 48 affected person to apply for. The catch is that a section 48 partner visa application must satisfy extra requirements in Schedule 1 item 1124B(3)(e). If any one of those requirements is missed, the application is invalid, no bridging visa is granted, and the applicant can become unlawful without realising it.

This guide explains what section 48 is, who it affects, why the Partner class remains open, and the three section 48 partner visa requirements: no earlier partner visa refusal since last entering Australia, the sponsorship form lodged with the application, and two statutory declarations from eligible people. It also explains the prior refusal trap, the rule about Subclass 801 refusals, why Schedule 3 still applies, and what happens when an application is invalid. For the wider picture after a refusal, see our page on partner visa refusals and our article on applying for a partner visa after a visa refusal.

Can you apply for a section 48 partner visa from inside Australia?

Yes, a person affected by section 48 can apply for a partner visa from inside Australia, because the Partner (Subclass 820/801) class is prescribed in regulation 2.12 of the Migration Regulations 1994 as a class that a section 48 affected person may still apply for. The application must, however, meet the additional validity requirements that Schedule 1 item 1124B(3)(e) sets for a section 48 partner visa applicant.

In practical terms, three questions decide whether a section 48 partner visa application can be lodged:

• Has the applicant been refused a partner visa since they last entered Australia? If so, a new onshore partner application is not available, and the options are review of that refusal or an offshore application.
• Will the sponsor's completed and signed sponsorship form be lodged with the application, not afterwards?
• Will two statutory declarations, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, and each made a short time before lodgement, be lodged with the application?

If all three answers are favourable, the section 48 partner visa application can be validly made. Validity is only the first step. The applicant must then meet the criteria for grant, including the genuine relationship test and, where the applicant holds no substantive visa, the Schedule 3 criteria. Each of these steps is explained below.

What is section 48 of the Migration Act?

Section 48 of the Migration Act 1958 is a provision that limits the visas a person can apply for while in Australia after a visa has been refused or cancelled. It is often called the section 48 bar. It does not remove the person from Australia and it does not stop every application. It restricts the classes of visa that can be applied for onshore to the classes prescribed in regulation 2.12.

The policy behind section 48 is simple. The law does not allow a person who has been refused a visa in Australia to keep lodging new applications onshore indefinitely in order to remain in the country. A person in that position is generally expected to seek review of the refusal, leave Australia and apply from outside, or apply for one of the limited classes the regulations allow. The Partner class is one of those classes, which is why the section 48 partner visa pathway exists.

The three conditions that trigger section 48

Section 48 applies to a non-citizen when all three of the following conditions are met:

• The person is in the migration zone, which in practice means in Australia.
• The person does not hold a substantive visa. A bridging visa is not a substantive visa, so a person on a Bridging Visa A, Bridging Visa C or Bridging Visa E can be affected.
• Since last entering Australia, the person has been refused a visa they applied for, or has had a visa cancelled.

If any one of these conditions is not met, section 48 does not apply. A person who still holds a substantive visa, such as a student visa that has not yet expired, is not affected by section 48 while that visa remains in effect, even if another application has been refused. The position changes when that substantive visa ends. Our article on bridging visas in Australia explains the difference between substantive and bridging visas.

What section 48 does not do

Section 48 does not cancel a visa, does not make a person unlawful and does not by itself lead to removal. It only limits the applications that can be validly made. A person who holds a bridging visa while section 48 applies remains lawful while that bridging visa is in effect. The danger lies elsewhere: a person who lodges an application that section 48 does not permit, or a section 48 partner visa application that fails item 1124B, receives no new bridging visa from that application.

Who is affected by the section 48 bar?

A person is affected by the section 48 bar if they are in Australia without a substantive visa and have had a visa refused or cancelled since they last entered Australia. The refused visa does not need to be a partner visa. This is the point most people miss.

Refusals that count for section 48

A refusal of almost any visa application made after the person last entered Australia can trigger section 48. Common examples include:

• a refused student visa or a refused application to extend study;
• a refused visitor visa application made in Australia;
• a refused skilled, graduate or employer-sponsored visa;
• a refused partner visa; and
• a refused visa where the person was included in the application as a member of the family unit of the main applicant.

The last example matters. A person who was included in a parent's or partner's application as a family member is generally treated as having applied for the visa, so a refusal of that application can make them section 48 affected even though they did not sign the main form. A refusal of a bridging visa generally does not trigger section 48. Refusals and cancellations on character grounds are dealt with by different and stricter provisions, and a person in that position needs specific advice before any application is considered. Our page on visa refusals explains how refusals are reviewed.

A pending review does not lift section 48

A common misconception is that section 48 does not apply while a review of the refusal is pending at the Administrative Review Tribunal. That is not correct. Section 48 applies to a refusal whether or not the application has been finally determined. A person whose student visa refusal is under review, and who now holds a bridging visa, is generally section 48 affected from the time the refusal is made. A section 48 partner visa application lodged during that review must therefore meet item 1124B. Our article on what to expect in an ART review after a visa refusal explains the review process itself.

The Tribunal decision in Namsombun (Migration) [2020] AATA 2611 concerned issues including a bridging visa held while review of a refused further student visa was pending, and the Tribunal remitted the matter to the Department for reconsideration. It is a reminder of how often partner visa applicants come to the process while holding a bridging visa connected to the review of another refusal. That is exactly the situation in which section 48 must be checked.

Cancellations that count for section 48

A cancellation of a visa while the person is in Australia can also trigger section 48. A student visa cancelled for breach of conditions, a visitor visa cancelled because of work, or an employer-sponsored visa cancelled after employment ended are typical examples. Our page on visa cancellations explains how cancellations work and how they can be challenged. The same section 48 partner visa requirements then apply to any partner application the person makes in Australia.

Does leaving Australia on a Bridging Visa B reset section 48?

No, leaving Australia and returning on a Bridging Visa B does not reset section 48. Section 48(3) treats a person who leaves and re-enters Australia while holding a bridging visa as having remained continuously in Australia. The refusal is therefore still a refusal "since last entering Australia" for the purposes of section 48.

This rule catches people who travel during a review or during a pending application. A short overseas trip on a Bridging Visa B does not give the person a fresh start. The same rule applies to the requirement that no partner visa has been refused since last entry: item 1124B(3A)(b) confirms that travel on a bridging visa does not reset that test either. Our guide to the Bridging Visa B explains how the travel visa works.

Section 48 generally stops applying only when the person is granted a substantive visa, or leaves Australia and later returns on a substantive visa. That is why some couples consider the offshore partner visa pathway, which is discussed later in this guide.

Why the Partner class is open to a section 48 partner visa applicant

The Partner class is open because regulation 2.12 of the Migration Regulations 1994 prescribes it as one of the classes of visa that a section 48 affected person may apply for in Australia. The law recognises that a person in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen should not be shut out of the onshore partner visa merely because an unrelated application was refused.

That recognition comes with conditions. Schedule 1 item 1124B sets the validity requirements for the Partner (Temporary) (Class UK) visa, which is the class for the onshore Subclass 820 visa. Item 1124B(3)(e) adds extra requirements that apply only to a section 48 partner visa applicant. Those requirements are designed to confirm that the relationship and the sponsorship are real and in place at the moment of lodgement, and to stop a partner application being used as a second attempt after a partner visa refusal.

A section 48 partner visa applicant must meet every ordinary partner visa requirement as well. The relationship must be genuine and continuing under section 5F (spouse) or section 5CB (de facto partner), assessed under regulation 1.15A or regulation 1.09A against the four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the persons' commitment to each other. Our complete guide to partner visas in Australia explains those requirements, and our guide to partner visa relationship evidence explains the evidence for each aspect.

Where our section 48 partner visa clients are located

My Migration Lawyers acts for section 48 partner visa applicants throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. Section 48 is a national rule. The state where the couple lives does not change the section 48 partner visa requirements, and a refusal history is analysed the same way wherever the applicant is.

The section 48 partner visa requirements in Schedule 1 item 1124B(3)(e)

The section 48 partner visa requirements are three additional validity requirements in Schedule 1 item 1124B(3)(e) of the Migration Regulations 1994. Each one must be met at the time of lodgement. If one is missing, the application is not a valid application, and it cannot later be repaired by sending the missing document.

The three requirements are:

• No earlier partner visa refusal. The applicant must not have been refused a partner visa since they last entered Australia (item 1124B(3)(e)(i)).
• Sponsorship lodged with the application. The sponsor's completed and signed sponsorship form, Form 40SP, must be lodged with the application (item 1124B(3)(e)(ii)).
• Two statutory declarations. Two statutory declarations must be lodged, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, declaring that the couple are in a married or de facto relationship, and each made within a short period before the application (item 1124B(3)(e)(iii)).

Requirement 1: no partner visa refused since last entering Australia

The first section 48 partner visa requirement is that the applicant has not been refused a partner visa since last entering Australia. A person who was refused an onshore partner visa cannot simply lodge a fresh onshore partner visa with better evidence. Travel on a bridging visa does not reset this test, because of item 1124B(3A)(b) and section 48(3).

This requirement looks only at partner visa refusals. A refused student visa, visitor visa or skilled visa does not fail requirement 1. It triggers section 48, but the Partner class remains open if the other two requirements are met. The prior partner visa refusal trap is explained in more detail below.

Requirement 2: sponsorship form lodged with the application

The second section 48 partner visa requirement is that the sponsor's completed and signed sponsorship form is lodged with the application. In an ordinary onshore partner visa, the sponsorship is often completed by the sponsor after the applicant has lodged. That ordinary sequence does not work for a section 48 partner visa applicant. The sponsorship must be complete when the application is made.

The sponsor must also be able to sponsor. Sponsorship limitations under regulation 1.20J can prevent a sponsor who has sponsored previous partners, or who was previously sponsored as a partner, from sponsoring again unless there are compelling circumstances. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain those rules. A sponsorship problem should be identified before the section 48 partner visa is lodged, not after.

Requirement 3: two statutory declarations

The third section 48 partner visa requirement is that two statutory declarations are lodged with the application. Each must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner. Each must declare that the applicant and the sponsor are in a married or de facto relationship. Each must be made within a short period before the application is lodged.

These are true statutory declarations, made under the law that governs statutory declarations and witnessed by an authorised person. They are a legal requirement for validity, not optional supporting evidence. They are explained in their own section below.

The prior partner visa refusal trap

The prior partner visa refusal trap is the rule that a person who has been refused a partner visa since last entering Australia cannot make a valid new onshore partner application while section 48 applies. A second onshore partner application lodged in that situation is invalid, however strong the relationship evidence now is.

The trap is common because the natural reaction to a refusal is to fix the problem and apply again. For many visa types outside Australia, that approach works. For a section 48 partner visa applicant whose earlier application was itself a partner visa, it does not. The Department will treat the new application as invalid, and the applicant will not receive a bridging visa from it.

Why a second onshore partner application is invalid

A second onshore partner application is invalid because item 1124B(3)(e)(i) makes the absence of an earlier partner visa refusal since last entry a condition of validity for a section 48 partner visa applicant. The applicant is already section 48 affected because of the partner refusal itself, unless they still hold a substantive visa. The same refusal then fails requirement 1. The law closes the loop deliberately.

The Tribunal decision in Tang (Migration) [2026] ARTA 374 concerned issues including a previous application that had been refused, and the Tribunal remitted the matter to the Department for reconsideration. A previous refusal is a recurring feature of partner visa matters that reach the Tribunal. The lesson for a section 48 partner visa applicant is that the earlier refusal must be identified, classified and dealt with through the correct pathway.

The ART review route

The usual route after an onshore partner visa refusal is review at the Administrative Review Tribunal. The ART reconsiders the application on the evidence before it at the time of its decision, so new evidence about the relationship can be given on review. The deadline to apply for review is short and strictly applied, runs from notification of the decision, and cannot be extended. The Tribunal has no power to accept a late application.

For that reason, a person who has just received a partner visa refusal should not spend the review period preparing a second onshore application that will be invalid. The time should be spent deciding whether to seek review and preparing the review case. Our pages on partner visa refusals and visa refusals and ART appeals, and our articles on partner visa refusal appeal options and on when you need a visa appeal lawyer, explain the review route. Our analysis of why Subclass 820 partner visas are refused and our article on why partner visas get refused explain the issues the Department most often raises.

The offshore Subclass 309 route

The other route after a partner visa refusal is an offshore application for the Subclass 309 visa, where the applicant must be outside Australia when the application is lodged and when the visa is granted. Section 48 does not apply to an application made outside Australia. Leaving Australia can, however, have consequences of its own, including exclusion periods in some circumstances, and it can end the applicant's ability to pursue review in Australia. The choice between review and an offshore application should be made with advice, before the applicant leaves.

The Tribunal decision in Belevski (Migration) [2025] ARTA 394 concerned a Subclass 309 application and involved an earlier application with a previous partner that had been refused. The Tribunal remitted the matter to the Department for reconsideration. It shows that a previous partner visa refusal, even one involving a different partner, remains part of the history the Department and the Tribunal consider in an offshore application as well.

A refusal involving a different partner

Requirement 1 asks whether the applicant has been refused a partner visa since last entering Australia. It does not ask whether the refusal involved the same sponsor. A person whose onshore partner visa with a former partner was refused, and who is now in a new relationship, is generally caught by the same rule while section 48 applies. The new relationship does not reopen the onshore pathway. The options must be assessed on the full history.

The two statutory declarations: who can make them and what they say

The two statutory declarations are written declarations, made under statutory declaration law and witnessed by an authorised witness, in which two eligible people each declare that the applicant and the sponsor are in a married or de facto relationship. They are one of the three section 48 partner visa requirements, and missing or defective declarations make the application invalid.

Who can make a statutory declaration for a section 48 partner visa

Each declaration must be made by a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The person must not be the partner. In practice, declarants are usually family members, friends, colleagues or community members who know the couple and can speak to the relationship. The declarant's own status should be confirmed before they sign, because a declaration from a person who is not eligible does not meet item 1124B(3)(e)(iii).

What the declarations must say

Each declaration must state that the applicant and the sponsor are in a married relationship or a de facto relationship. A declaration that says only that the declarant knows the couple, or that they are good people, does not meet the requirement. A well prepared declaration also identifies the declarant and their status, explains how they know the couple and for how long, and describes what they have observed of the relationship. The content must be the declarant's own knowledge, in their own words, and true.

Timing: made a short time before lodgement

Each declaration must be made within a short period before the application is lodged. A declaration made too long before lodgement does not meet the requirement. This creates a practical timing problem: declarations should not be signed months in advance and then left in a file. They should be made close to the planned lodgement date, and the lodgement should then proceed promptly.

Statutory declarations are not Form 888 statements

The two statutory declarations required of a section 48 partner visa applicant are different from Form 888 statements. A Form 888 is a supporting statement about the relationship from an Australian citizen or permanent resident who knows the couple. It is evidence of the relationship, not a validity requirement. A section 48 partner visa application generally includes both: the two statutory declarations to meet item 1124B(3)(e)(iii), and Form 888 statements as part of the relationship evidence. Our articles on Form 888 for a partner visa and on Form 888 example answers and common mistakes explain Form 888. A statutory declaration should never be substituted for a Form 888, and a Form 888 does not satisfy the statutory declaration requirement.

Consistency with the relationship statement

The declarations must be consistent with the rest of the application. There is one relationship statement, which is the couple's own account of how they met, how the relationship developed and how they live. Dates, addresses and events in the declarations should match that account and the documents. Our guide to the partner visa relationship statement explains its structure. An inconsistency can raise questions about the relationship and, if information is false or misleading, about public interest criterion 4020.

The Subclass 801 refusal and the serial application rule

A Subclass 820 holder whose Subclass 801 visa is refused cannot immediately lodge another partner application to keep the process alive. Item 1124B(3)(d) prevents a new onshore partner application lodged shortly after that kind of refusal. The rule stops a person from lodging one partner application after another to remain in Australia.

The Subclass 801 stage is the permanent stage of the combined onshore application. It is assessed later, when the Department asks for updated evidence that the relationship is genuine and continuing. Our Subclass 820 vs Subclass 801 guide explains the two stages. A Subclass 801 refusal is itself a partner visa refusal, and the review route at the Tribunal is usually the correct response. A person in this position should not lodge a new partner application without advice on item 1124B(3)(d) and the section 48 partner visa requirements.

Schedule 3 still applies to a section 48 partner visa applicant

Yes, Schedule 3 still applies to a section 48 partner visa applicant who does not hold a substantive visa when the application is made. Meeting item 1124B makes the application valid. It does not remove the Schedule 3 criteria that apply at the time of decision.

Subparagraph 820.211(2)(d)(ii) requires an applicant who does not hold a substantive visa at the time of application to meet Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. Most section 48 partner visa applicants hold a bridging visa or no visa at all, so Schedule 3 is usually relevant.

The Schedule 3 criteria in brief

• Criterion 3001 requires the application to be made within a short period after the applicant last held a substantive visa. It does not make the application invalid. It is a criterion for grant.
• Criterion 3003 is a legacy criterion for people who have been unlawful since before 1 September 1994. It rarely matters today.
• Criterion 3004 applies to people who ceased to hold a substantive visa, or entered unlawfully, on or after 1 September 1994. Among other things, it requires that the reasons for being unlawful were beyond the applicant's control, that there are compelling reasons to grant the visa, that the applicant substantially complied with the conditions of their last visa, including any bridging visa, and that they would have been entitled to the visa had they applied immediately before becoming unlawful.

Many section 48 partner visa applicants cannot satisfy criterion 3001 because the refusal and the review took longer than the short period allowed. They must then rely on compelling reasons for not applying the criteria. Our page on the Schedule 3 waiver and our articles on the Schedule 3 criteria for partner visa applicants who are unlawful and the Schedule 3 partner visa waiver explain each criterion and the waiver.

Compelling reasons in a section 48 partner visa case

Compelling reasons are not defined in the Regulations and are assessed case by case. In Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32, the Full Federal Court held that the decision maker must consider all of the applicant's circumstances as known up to the time of decision, so compelling reasons that arise after lodgement, such as the birth of a child, count. Department policy treats a genuine relationship and the hardship of separation, on their own, as not generally compelling, because every partner applicant has a relationship. Matters such as Australian citizen children of the relationship, a pregnant sponsor, the sponsor's serious illness and dependence on the applicant, and circumstances beyond the applicant's control can be compelling. The best interests of children are a relevant consideration.

The Tribunal decision in Kami (Migration) [2024] AATA 177 concerned issues including a period of unlawful residence, and the Tribunal remitted the matter to the Department for reconsideration. A period of unlawful residence is common in section 48 partner visa matters, because a refusal often leads to a gap between visas. That history must be explained honestly and addressed in the compelling reasons case.

Section 48 and the Bridging Visa E

A person on a Bridging Visa E because of a refusal is usually section 48 affected, and a section 48 partner visa application lodged from a Bridging Visa E must meet item 1124B as well as Schedule 3. A Bridging Visa E is not a substantive visa, so Schedule 3 applies, and compelling reasons are usually needed.

A Bridging Visa A is generally available only to people who held a substantive visa when they applied. A section 48 partner visa applicant on a Bridging Visa E will usually be granted a further Bridging Visa E linked to the partner application, not a Bridging Visa A. That bridging visa may carry condition 8101, which prohibits work. A further Bridging Visa E without condition 8101 can be sought by showing a compelling need to work, for example financial hardship. A Bridging Visa E does not permit travel, and leaving Australia ends it. Our articles on the Bridging Visa A and on working while waiting for a Subclass 820 visa explain the bridging visa that applicants who held a substantive visa receive.

Lawful status depends on a valid application

A person whose current bridging visa is about to end, or who is already unlawful, depends on a valid section 48 partner visa application to obtain a new bridging visa. A person who is unlawful is liable to be detained. That is a reason to act promptly and carefully, not a reason to lodge a rushed application that fails item 1124B. An invalid application leaves the person in the same position as if nothing had been lodged.

Is section 48A the same as section 48?

No, section 48A is not the same as section 48. Section 48A is a separate provision of the Migration Act 1958 that deals with further protection visa applications after a protection visa refusal. It does not govern partner visas, and it does not add to or remove from the section 48 partner visa requirements.

People sometimes confuse the two because the numbers are similar and both limit further applications in Australia. For a partner visa, the relevant provisions are section 48, regulation 2.12 and Schedule 1 item 1124B. A person who has had a protection visa refused may be affected by section 48 as well as section 48A, and their position should be assessed on the full history before any partner application is made.

What happens if a section 48 partner visa application is invalid?

If a section 48 partner visa application is invalid, there is no valid application for the Department to decide, no bridging visa is granted from it, and the applicant's lawful status is not protected by it. The Department will generally notify the applicant that the application is not valid. It will not assess the relationship.

The consequences can be serious:

• No bridging visa. An invalid application does not attract a bridging visa, so a person whose existing bridging visa ends, or who is already unlawful, has no lawful status from the application.
• Unlawful status. A person without a visa in Australia is an unlawful non-citizen and is liable to be detained.
• Lost time. Time passes while the applicant believes they are protected. That can affect Schedule 3 criterion 3001 and the compelling reasons case in a later valid application.
• No review of invalidity as a refusal. An invalid application is not refused. There is no refusal decision to take to the ART in the usual way.

Most invalidity in section 48 partner visa matters comes from three avoidable errors: lodging after an earlier partner visa refusal, lodging before the sponsor has completed the sponsorship form, and lodging without two compliant statutory declarations. Each of these can be prevented by checking the history and preparing the documents before lodgement.

Section 48, a pending review and the timing of a new application

A section 48 partner visa application can sometimes be lodged while a review of an unrelated refusal is pending, but timing must be planned carefully. Where the refused application was a student, visitor or skilled visa, the Partner class remains open if item 1124B is met. Where the refused application was a partner visa, a new onshore partner application is not available, and the review itself is the main path.

A person who has a review pending at the Tribunal, or who is considering judicial review in the Federal Circuit and Family Court after a Tribunal decision, should not lodge a new application without advice. Each process has its own bridging visa consequences, and an application lodged at the wrong time can affect the other matter. Judicial review is limited to jurisdictional error, and time limits apply. Our guide to urgent immigration lawyer advice explains what to have ready when a deadline is close.

Condition 8503 and other barriers alongside section 48

Section 48 is not the only rule that can stop an onshore partner application. Condition 8503 (No Further Stay) on a visitor or other visa generally prevents a valid onshore partner application unless it is waived first. Our article on whether you can apply for a Subclass 820 visa with condition 8503 explains that condition. A person who was refused a visa while holding a visa with condition 8503 may face both barriers, and each must be assessed.

Other issues often appear in the same file. Health requirements under public interest criterion 4007, where a waiver is available for partner visas in some cases, character requirements under section 501 and police certificates, and public interest criterion 4020 on false or misleading information can each affect the decision. Our article on moving from a tourist visa to a partner visa in Australia covers the visitor visa issues, and our guide to completing Form 80 without errors explains the character form.

A practical section 48 partner visa checklist

A practical section 48 partner visa checklist covers the history, the validity requirements and the grant criteria, in that order. The following steps reflect how a section 48 partner visa matter is usually prepared.

Step 1: confirm the visa and refusal history

• Obtain the VEVO record and every grant, refusal and cancellation notice since the applicant last entered Australia.
• Identify whether the applicant holds a substantive visa today. If they do, section 48 does not apply while that visa is in effect.
• Identify every refusal and cancellation since last entry, including refusals of applications where the applicant was a family member.
• Confirm whether any refusal was a partner visa refusal, including a Subclass 801 refusal.
• Record any travel on a Bridging Visa B, which does not reset section 48.

Step 2: confirm the validity requirements

• Confirm that no partner visa has been refused since last entry.
• Confirm that the sponsor can sponsor, including under regulation 1.20J, and prepare Form 40SP so it is complete and signed when the application is lodged.
• Identify two eligible declarants who are Australian citizens, Australian permanent residents or eligible New Zealand citizens and who are not the partner.
• Prepare the two statutory declarations and have them made shortly before lodgement.
• Check for condition 8503 or any other condition that affects validity.

Step 3: prepare the grant case

• Prepare the relationship statement and the evidence for the four aspects. Our partner visa document checklist and our relationship evidence checklist list the documents.
• Obtain Form 888 statements as relationship evidence.
• Assess Schedule 3 criteria 3001, 3003 and 3004, and prepare the compelling reasons case where they cannot be met.
• Prepare for health, character and police certificate requests.

Step 4: lodge and manage the application

• Lodge the application, the sponsorship and the two statutory declarations together through ImmiAccount. Our guide on how to create an ImmiAccount explains the account set-up.
• Check the bridging visa granted and its conditions.
• Respond to any section 56 request for more information or section 57 natural justice letter within the time given.
• Notify every change in circumstances through Form 1022.

If the relationship ends during a section 48 partner visa application

If the relationship ends while a section 48 partner visa application is pending, the applicant must notify the Department under section 104, and the application will generally be refused unless an exception applies. The exceptions in clause 820.221 cover the death of the sponsor, family violence committed by the sponsor, and situations involving a child of the sponsor, and in each case the relationship must have been genuine until it ended.

A refusal at that point is a partner visa refusal, which affects any later onshore partner application under requirement 1. Our page on the family violence provisions for partner visas and our article on what happens to a Subclass 820 application if the relationship breaks down explain those exceptions.

Choosing who acts on a section 48 partner visa

A section 48 partner visa is a legal matter in which the validity of the application turns on technical requirements, and an error cannot be corrected after lodgement. Choosing who acts is therefore an important decision. Our article on when you need an immigration lawyer for a partner visa explains when professional help is worth considering, and our article on whether to use a migration agent or a lawyer for a partner visa sets out the practical differences.

Applicants who have already lodged and are now worried about validity can read our guide to hiring an immigration lawyer after lodging your own application, and those who have received conflicting advice can read our article on getting a second opinion from an immigration lawyer. Those comparing firms can read our guide to choosing a partner visa lawyer in Australia. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Where a representative is appointed, the appointment is made through Form 956, which our article on Form 956 and 956A explains.

How My Migration Lawyers handles section 48 partner visa applications

My Migration Lawyers deals with complex partner visa matters and acts in many section 48 partner visa applications, where a previous refusal or cancellation has narrowed the options in Australia. The firm is capable of handling these matters from the first review of the refusal history through to the Subclass 820 decision, and it approaches each one by settling validity before anything else.

In practice, the firm's work on a section 48 partner visa includes:

• Obtaining and reviewing the VEVO record and every grant, refusal and cancellation notice since the applicant last entered Australia, to confirm whether section 48 applies and why.
• Determining whether any earlier refusal was a partner visa refusal, which closes the onshore pathway, and advising on ART review or the offshore Subclass 309 pathway where it does.
• Confirming that the sponsor can sponsor and that the completed and signed sponsorship form is ready to be lodged with the application.
• Advising the couple on eligible declarants and preparing the two statutory declarations so that each meets item 1124B(3)(e)(iii) and is made shortly before lodgement.
• Preparing the compelling reasons case for not applying Schedule 3, based on the couple's own circumstances and evidence.
• Reviewing the relationship statement, Form 888 statements and evidence for consistency with the applicant's earlier applications.
• Managing the bridging visa position, section 56 requests, natural justice letters and Form 1022 notifications after lodgement.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about refusal matters is on our partner visa refusals page, and information about the onshore application is on our Subclass 820 visa page. More about the firm is on our about page. Consultations are conducted by video, wherever the couple lives in Australia.

If you have had a visa refused or cancelled in Australia and want to know whether a section 48 partner visa is open to you, book a consultation online or call 1300 040 300.