Partner Visa Sponsor Reapplying After a Sponsorship Refusal

A partner visa sponsor reapply after refusal decision arises when the Department of Home Affairs refuses a partner visa because the sponsorship was not approved, and the Australian sponsor must decide whether to fight that decision or start again. The partner visa sponsor reapply after refusal question has a legal answer, not just a practical one, and the wrong choice can close the onshore pathway permanently.

The short answer is that review usually comes first. Where the visa was refused in Australia, the applicant can normally ask the Administrative Review Tribunal to review the decision within 28 days. A fresh onshore application is often not legally available at all, because of section 48 of the Migration Act 1958 and the validity rules for the Subclass 801 visa. A new application usually means an offshore Subclass 309 application, after the reason for the refusal has been fixed.

This guide is written for the sponsor. It explains what a sponsorship refusal means, when a new application is possible, what must change before reapplying, how the five-year limitation affects timing, how Schedule 3 works, and how the costs of each option compare. The firm's page on partner visa sponsorship limitations explains every sponsorship bar, and the complete guide to partner visas sets out each subclass.

Partner visa sponsor reapply after refusal: should you seek review or start again?

In most cases the sponsor and applicant should protect the review right first, because a new onshore application is usually invalid and a new offshore application costs the full visa application charge again.

The partner visa sponsor reapply after refusal choice is not a matter of preference. It depends on four facts:

• Where the applicant was when the visa was refused. An onshore Subclass 820 refusal carries review rights, but also triggers section 48 for an applicant with no other substantive visa.
• Why the sponsorship was not approved. Some reasons can be fixed in weeks, such as missing police checks. Others, such as the five-year limitation, are fixed only by time or by compelling circumstances.
• How much time is left. The Tribunal deadline is 28 days after notification of the decision, or 7 days for a person in immigration detention. It cannot be extended.
• Whether the facts have changed. A new marriage, a child, the end of a limitation period or a completed sentence can change the answer.

The general guides to whether to appeal or reapply after a partner visa refusal and what to fix before reapplying cover refusals of every kind. This article deals with the sponsor's side, where the sponsorship itself was the problem. The short answer on review or a new partner visa application is also worth reading first.

What does a sponsorship refusal mean for a partner visa?

A sponsorship refusal means the Department decided not to approve the Australian partner as the sponsor, and because an approved sponsorship is a time of decision criterion, the visa itself had to be refused.

Department policy is explicit. In the partner visa context, approval of a sponsor is a component of the decision under section 65 of the Act to grant or refuse the visa. It is not a separate decision, and no separate notice goes to the sponsor. Where a sponsorship is not approved, the visa must be refused. For a Subclass 820 visa, subclause 820.221(4) requires the sponsorship to be approved and still in force at the time of decision.

That has two consequences for a partner visa sponsor reapply after refusal plan, and both are often missed. First, there is no stand-alone sponsorship appeal. The review application challenges the visa refusal, and the sponsorship is reconsidered as part of it. Second, a new sponsorship is assessed afresh whenever a new visa application is decided, against the law and the sponsor's circumstances at that time.

A sponsorship can fail for several reasons:

• the sponsorship limitation in regulation 1.20J, which applies where the sponsor has sponsored before or was sponsored;
• the contributory parent limitation in regulation 1.20KA;
• the child protection provisions in regulation 1.20KB, where an applicant is under 18;
• a relevant offence and significant criminal record under regulations 1.20KC and 1.20KD;
• police checks that were requested and not provided within a reasonable time;
• the sponsor not consenting to disclosure of relevant convictions; or
• a sponsorship form that was never lodged.

One point surprises many sponsors. Where the sponsorship fails under regulation 1.20KC, Department policy says the reasons must not be put to the visa applicant in natural justice letters or in the refusal notice. The applicant may receive a refusal that says little. The sponsor usually knows the reason, and should share it with the firm advising on the next step. The article on when partner visa sponsorship approval is decided explains the timing in more detail.

Does a refused sponsorship count towards the sponsorship limit?

No. Department policy states that a sponsorship connected to a visa application that was refused does not count for regulation 1.20J, because the sponsorship must have resulted in the grant of a visa.

This matters because many sponsors fear that every attempt uses up one of their two sponsorships. It does not. Under policy:

• a sponsorship counts only where it led to a visa grant;
• a sponsorship where the visa was granted but the applicant never travelled to Australia still counts, because grant is the critical factor;
• a sponsor for a two-stage partner visa, such as Subclass 820 and Subclass 801, is counted once, not twice; and
• a sponsorship that led to a permanent visa on family violence grounds, or after the sponsor died, still counts.

So a sponsor whose previous application was refused has not lost a sponsorship by that refusal, and a partner visa sponsor reapply after refusal is not limited by the refused attempt itself. What remains relevant is any earlier sponsorship that did lead to a grant, and whether the sponsor was granted their own visa as a sponsored partner. The sponsorship assessment article and the FAQ on sponsors who have sponsored a partner before explain how earlier sponsorships are checked.

Partner visa sponsor reapply after refusal when the sponsor was once a sponsored partner

A sponsor who was granted their own visa as a sponsored partner faces the same five-year rule as a sponsor who has sponsored before, but the five years are counted from a different date.

Department policy explains that where the sponsor was themselves sponsored, the five-year period runs from the date the sponsor's own visa application was made to the date of approval or refusal of the current sponsorship. The relevant date is not the grant of the sponsor's permanent visa but the earlier date on which the sponsor's own application was made. That usually means the five years end sooner than the sponsor expects.

Policy also makes two related points that matter for a partner visa sponsor reapply after refusal plan:

• a person who was sponsored as a spouse and later sponsors a fiancé has not used up their two sponsorships, because being sponsored is a separate consideration from the number of sponsorships the person can enter into; and
• the limitation applies to the sponsor, not the applicant, so an applicant who was sponsored by someone else in the past does not affect the current sponsor's position.

Where the earlier refusal was based on the sponsor's own sponsored history, the first step in any partner visa sponsor reapply after refusal analysis is to find the exact date of the sponsor's own visa application. That single date often decides whether review, a new application or a compelling circumstances submission is the right course. The FAQ on whether a person sponsored on a partner visa can sponsor a new partner gives the short answer.

Why the refusal reason decides the partner visa sponsor reapply after refusal answer

The reason the sponsorship failed is the most important fact in any partner visa sponsor reapply after refusal decision, because some reasons are cured by evidence and others only by time.

Refusal under the five-year limitation

Where the sponsorship failed under regulation 1.20J because fewer than five years had passed since an earlier sponsorship or since the sponsor's own visa application, the problem is time. Department policy calculates the five years from the date the earlier visa application was made to the date of approval or refusal of the current sponsorship. Approval is a time of decision criterion.

That means time keeps running during review. The Partner Visa ART Remittals database records several decisions where the Tribunal remitted the matter (sent it back to the Department) with recorded issues such as "sponsorship limitations; 5 years not lapsed since the earlier visa application; 5 years elapsed during review process" in Rogers [2020] AATA 4743, "sponsorship limit; application made within 5 years of previous sponsorship; 5 years now passed" in Dang [2024] AATA 137, and "sponsorship limitation; application made less than 5 years after previous sponsorship; limitation period now passed" in Da Silva [2021] AATA 4909.

The lesson for a partner visa sponsor reapply after refusal decision is simple. If the five years will end before the Tribunal is likely to decide, review may achieve what a new application would achieve, without a second visa application charge and without losing the onshore position. The sponsor's limitation can also be waived under regulation 1.20J(2) where there are compelling circumstances affecting the sponsor. The short answer on challenging a refusal involving sponsorship limitations sets out the waiver.

Refusal on character grounds

On a partner visa sponsor reapply after refusal file involving a conviction, the analysis is different. Where the sponsorship failed under regulation 1.20KC, the Tribunal can decide whether it is reasonable to approve the sponsorship, having regard to the time since the sponsor completed the sentence, the best interests of any children and the length of the relationship. A new application does not avoid regulation 1.20KC. The same conviction will be assessed again. The sibling articles on relevant offences under regulation 1.20KC and sponsors with a criminal record explain that test.

Refusal for missing documents or consent

This is the easiest partner visa sponsor reapply after refusal situation to fix. Where the sponsorship failed because police checks, consent to disclose or the sponsorship form were not provided, the cure is to provide them. The Tribunal can consider material given to it during review. The database records Martine [2023] AATA 690, with the recorded issue "applicant failed to provide the sponsorship form 40SP; applicant provided the completed form 40SP; Tribunal finds that the applicant is now sponsored", where the matter was remitted. The guide to Form 40SP explains what the form contains.

Can the applicant reapply onshore after a partner visa refusal?

No, not in most cases. An applicant in Australia who holds no substantive visa and has been refused a partner visa since last entering Australia cannot make a valid new onshore partner visa application.

Two provisions combine to produce that result. Section 48 of the Migration Act limits further applications by a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. The person may apply only for the visa classes prescribed in regulation 2.12. Partner visas are among those classes, which is why many people believe an onshore reapplication is open.

The second provision closes that door. Under subparagraph 1124B(3)(e)(i) of Schedule 1, a person to whom section 48 applies cannot make a valid Subclass 801 application if they have had a partner visa refused since they last entered Australia. Because a Subclass 820 application must be made at the same time as a Subclass 801 application, the combined application fails. Department policy says the purpose is to prevent serial applications on the basis of a claimed relationship.

This is the point most often misunderstood in partner visa sponsor reapply after refusal advice. Section 48 does not stop a partner visa application in every case. It stops one after a partner visa refusal. An applicant affected by section 48 because of a different refusal, for example a refused student visa, may still apply for a partner visa onshore if they meet the extra requirements in paragraph 1124B(3)(e):

• the sponsorship form completed and signed by the Australian partner must be given at the time of application; and
• two supporting Form 888 statements must be given, each 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 no more than six weeks before the application.

The guides to the section 48 bar for partner visas and the short answer on what section 48 means for a partner visa explain the bar in more detail.

Travelling does not reset section 48

A person who leaves Australia on a Bridging B visa and returns on it is taken to have been continuously in Australia under subsection 48(3). The bar remains. Department policy also notes that the bar does not prevent a valid application made while the person is outside Australia. That distinction matters for the offshore route below.

The 21-day rule for temporary partner visa holders

A different rule applies at the second stage. Under paragraph 1124B(3)(d), a person who holds a Subclass 820 or Subclass 309 visa cannot make a Subclass 801 application if a listed spouse or partner visa was refused in the 21 days before the application. The second stage refusal guide and the FAQ on what happens to the Subclass 820 when the Subclass 801 is refused cover that situation.

Where the applicant still holds another substantive visa

Section 48 applies only to a person who does not hold a substantive visa. An applicant who was refused a partner visa while also holding, for example, a valid student or work visa is not caught by section 48 while that visa remains in effect. Other limits can still apply, including a no further stay condition. The guide to condition 8503 and the Subclass 820 explains that issue.

Partner visa sponsor reapply after refusal from offshore: the Subclass 309 route

For most onshore applicants, a partner visa sponsor reapply after refusal means leaving Australia and applying for a Subclass 309 visa, with the sponsorship assessed again at the time of that decision.

The offshore route is legally available because section 48 does not prevent a valid application made outside Australia. It has real costs. The applicant must leave Australia, the couple may be apart while the application is processed, and the full visa application charge is payable again. The firm's guides to offshore partner visas, onshore versus offshore partner visas and the Subclass 309 partner visa page set out the process.

Department policy on the Subclass 820 visa also describes this route. Where an applicant is outside Australia when a decision is made, the applicant may consider applying outside Australia for a Subclass 309 and Subclass 100 visa, but this involves a new application, new supporting documents and payment of the applicable charge.

A partner visa sponsor reapply after refusal through the Subclass 309 route works only if the reason for the earlier refusal has been dealt with. The sponsorship will be assessed again under regulations 1.20J, 1.20KA, 1.20KB and 1.20KC. A sponsor who is still within the five-year period, who still cannot show compelling circumstances, or who still has an unaddressed significant criminal record, will face the same problem. The guide to lodging a partner visa offshore covers the practical steps.

The applicant's whole immigration history also travels with the new application. Any refusal must be disclosed, and the decision maker will see the earlier file. The FAQ on whether a partner visa refusal affects future visa applications explains why honesty about that history matters.

Does Schedule 3 apply when the applicant reapplies onshore?

Yes, where a new onshore application is legally possible and the applicant does not hold a substantive visa when applying. Subparagraph 820.211(2)(d)(ii) requires the applicant to meet Schedule 3 criteria 3001, 3003 and 3004, unless there are compelling reasons not to apply them.

For a partner visa sponsor reapply after refusal made onshore, criterion 3001 is usually the first hurdle. It sets a 28-day time limit. The application must be made within 28 days after the applicant last held a substantive visa, counting from the day after the visa ended. Criteria 3003 and 3004 require, among other things, that the applicant's unlawful status arose from circumstances beyond their control and that there are compelling reasons to grant the visa. Missing the time limit does not make the application invalid. It means the Schedule 2 criteria cannot be met unless the criteria are waived.

Department policy on the waiver is strict:

• a genuine relationship and the hardship of separation are, as a general rule, not compelling reasons, because they are common to every partner visa;
• the waiver is not intended for applicants who can reasonably leave Australia and apply offshore;
• circumstances beyond the applicant's control, such as severe illness or incapacity, may be compelling; and
• an Australian citizen child with a demonstrable link to the applicant may justify a waiver in the best interests of the child.

The Full Federal Court in Waensila v MIBP [2016] FCAFC 32 held that the decision maker must consider all of the applicant's circumstances known up to the time of decision. The Tribunal applies the same test. The database records Thota [2020] AATA 4222, with the recorded issue "Schedule 3 criteria; application lodged outside of relevant timeframe; compelling reasons for waiver; oral evidence of the sponsor's son and daughter-in-law", where the matter was remitted. The firm's Schedule 3 waiver page and the guide to Schedule 3 criteria for partner visas explain the test.

What must the sponsor change before reapplying?

The sponsor must remove or answer the reason the sponsorship was not approved, because a new application that repeats the same facts will meet the same decision.

On a partner visa sponsor reapply after refusal file, the work usually falls into these categories:

• Limitation timing. Confirm the dates of every earlier sponsorship application and the sponsor's own visa application, and calculate when five years will have passed by the expected decision date. Where five years will not have passed, prepare evidence of compelling circumstances affecting the sponsor.
• Criminal history. Obtain court outcomes and sentencing records, calculate whether the regulation 1.20KD threshold is met, and gather evidence about the time since the sentence, the best interests of children and the length of the relationship.
• Police checks. Request every police check early, including overseas checks, so that the reasonable time under regulation 1.20KC(6) or 1.20KB(12) is not exceeded. The guide to sponsor police check requirements lists them.
• Consent to disclose. Give the consent required by the sponsorship form. Without it, the time of decision criterion in clause 820.221 or 309.222 cannot be met.
• Sponsorship form. Complete and lodge the sponsorship form promptly. The articles on sponsorship lodgement and the sponsor undertaking explain the sponsor's commitments.
• Relationship evidence. Update financial, household, social and commitment evidence, and the couple's own statements, which each of them reviews and corrects. The guide to relationship evidence sets out the four categories.
• Full disclosure. Disclose every previous relationship, sponsorship and visa refusal. A failure to disclose can raise public interest criterion 4020.

Partner visa sponsor reapply after refusal for a Subclass 300 prospective marriage visa

A Subclass 300 refusal is different, because the sponsor, not the applicant, applies to the Tribunal for review, and the applicant is outside Australia, so section 48 does not arise.

That changes the partner visa sponsor reapply after refusal analysis in three ways. First, the sponsor controls the review application and must lodge it within 28 days. Second, a new offshore Subclass 300 application or a Subclass 309 application is legally open, because the applicant is not in Australia. Third, if the couple have married since the refusal, a spouse application may now fit their circumstances better than a fresh prospective marriage application.

The Tribunal can take a marriage into account during review. The database records Venables [2021] AATA 1569, with the recorded issue "limitations on approval of sponsorship; parties validly married since review application; Tribunal notified of the marriage", where the matter was remitted. That decision shows that a sponsorship limitation issue and a change in the relationship can both be dealt with in one review.

For a sponsor considering a partner visa sponsor reapply after refusal of a Subclass 300 visa, the choice is usually between review, where the refusal reason can be answered, and a new spouse or de facto application, where the relationship has moved on. The FAQs on a fiance visa refused when the couple are now married and a lawyer for a prospective marriage visa refusal explain those options.

How the five-year limitation affects partner visa sponsor reapply after refusal timing

The five-year limitation is measured to the date the current sponsorship is decided, not to the date the new application is lodged, so a partner visa sponsor reapply after refusal can be timed to pass the limitation before decision.

Department policy gives an example. A sponsor whose earlier spouse application was made on a given date can sponsor again once five years have passed from that date to the date of decision on the new sponsorship, even if the new application was lodged before the five years ended. Policy confirms that the sponsorship must be held at the time of application, but must only be approved at the time of decision.

For the sponsor, this creates three practical timing options:

• seek review, where the five years will pass before the Tribunal is likely to decide;
• lodge a new offshore application, where the five years will pass before a decision is likely, accepting the processing period; or
• prepare a compelling circumstances case under regulation 1.20J(2), where five years will not pass in any realistic timeframe.

Policy gives examples of compelling circumstances affecting the sponsor, including a dependent child of the sponsor and applicant, the death of the previous partner, a previous partner abandoning the sponsor with dependent children, and a longstanding new relationship. The list is not exhaustive. The sponsor eligibility guide and the guide to sponsor requirements explain where the limitation sits within the wider rules.

Partner visa sponsor reapply after refusal costs: new charge or Tribunal fee?

A new partner visa application costs the full visa application charge again, which is AUD 11,710 for most applicants at the time of writing, while the Tribunal fee for a migration review is AUD 3,727 for fees paid on or after 1 July 2026.

The comparison is not only about money, but the figures are stark:

• New application. The combined Subclass 820 and Subclass 801 charge, or the combined Subclass 309 and Subclass 100 charge, is AUD 11,710 for most applicants at the time of writing. Charges are usually adjusted each 1 July.
• Tribunal review. The fee is AUD 3,727 for fees paid on or after 1 July 2026. It must be paid within the same 28-day period as the review application. A 50% reduction is available for financial hardship.
• Refund on remittal. If the Tribunal sets aside, varies or remits the decision, 50% of the fee is refunded.

A partner visa sponsor reapply after refusal also resets processing. The firm's articles on the cost of a partner visa, the Subclass 820 cost in 2026, the cost of a partner visa appeal and the FAQ on Tribunal fees and fee reductions set out the figures. On a partner visa sponsor reapply after refusal comparison, the question is whether the new application would succeed where review would not. If it would not, the higher cost buys nothing.

What does the Tribunal do with a sponsorship refusal?

The Tribunal reconsiders the whole decision on the evidence before it at the time of its decision, and it can remit the matter to the Department with a direction that the sponsorship criterion is met.

Who applies for review depends on the subclass:

• Subclass 820 refusal. The applicant applies, and must be physically in Australia when applying.
• Subclass 300 refusal. The sponsor applies.
• Subclass 309 refusal. The applicant applies, under current Department instruction.
• Subclass 100 refusal made offshore. There is no Tribunal review.

The deadline is 28 days after notification of the decision, or 7 days if the applicant is in immigration detention, and it cannot be extended. The FAQs on working out the review deadline and who applies for review of an offshore refusal explain the rules, and the guide to the partner visa ART review process covers each step.

The Tribunal can consider new evidence, which often makes review a stronger option than a partner visa sponsor reapply after refusal. The database records Nguyen [2024] AATA 354, with the recorded issue "previous refusal on another ground remitted with finding of credibility and commitment; genuine and continuing relationship; validly married", where the matter was remitted. Where a Subclass 820 refusal is remitted, Department policy says the Subclass 801 application should be prioritised with due regard to the Tribunal's findings. The FAQ on whether a remitted case leads to a grant explains what happens next, and the FAQ on new evidence at the Tribunal explains what can be added.

Prospective marriage refusals are a clear example of review working where reapplication seems natural. The database records Sage [2019] AATA 4230, with the recorded issue "validly married sponsor after Prospective Marriage visa refusal; notified Tribunal of marriage before review application determined; marriage certificate provided", where the matter was remitted. The Subclass 300 visa page explains the sponsor's role in that review.

Can you seek review and lodge a new application at the same time?

Sometimes, but running review and a partner visa sponsor reapply after refusal together carries real risks and should only follow advice on the specific file.

The risks include:

• Two charges. The Tribunal fee for review and the full charge for the partner visa sponsor reapply after refusal are both payable, and neither is refunded because the other succeeds.
• Inconsistent evidence. Statements in the new application and evidence before the Tribunal must match. Inconsistency damages credibility in both.
• Presence requirements. A Subclass 820 visa can only be granted while the applicant is in Australia under clause 820.411. An applicant who leaves to lodge offshore may be unable to benefit from a remittal while outside Australia.
• Bridging visa effects. Leaving Australia ends a Bridging A visa. Return depends on holding a visa that permits travel.
• The sponsorship itself. A sponsor cannot lodge a second sponsorship and expect the Department to ignore the first. Both will be assessed on the same history.

A sponsor weighing a partner visa sponsor reapply after refusal against review should first establish the deadline and the reason for refusal. The FAQs on lodging a review before all evidence is ready and assessing review prospects are useful starting points.

What happens to the applicant's bridging visa after the refusal?

A Bridging A visa linked to an onshore partner visa application ceases 35 days after notification of the refusal, or, if review is sought, 35 days after the Tribunal's decision, under clause 010.511.

That rule is why the review deadline matters so much in any partner visa sponsor reapply after refusal decision. An applicant who does not apply for review in time becomes unlawful once the bridging visa ends, unless another visa is held. An applicant who becomes unlawful and remains in Australia will face Schedule 3 on any later onshore application, and may be detained. The guides to the bridging visa after a partner visa refusal, working after a refusal and travel after a refusal explain each consequence. Where the bridging visa is about to end, the firm's urgent ART visa refusal applications page and the FAQ on a bridging visa ending soon after refusal apply.

When is reapplying the better choice?

A partner visa sponsor reapply after refusal is the better choice when review is unavailable, when the deadline has passed, or when the reason for refusal can only be overcome by facts that a fresh decision will assess more favourably than the Tribunal could.

Common examples include:

• No review right. A Subclass 100 refused offshore has no Tribunal review, so a new application is the only path.
• Deadline missed. Where the 28 days have passed, the Tribunal cannot accept the application.
• The relationship has changed in kind. A couple refused a Subclass 300 visa who have since married may be better served by a spouse application, although Sage [2019] AATA 4230 shows the Tribunal can also deal with that change.
• A new relationship. If the sponsor is now in a different relationship, the earlier refusal is not the right vehicle.
• Review prospects are poor. Where the Tribunal is bound to reach the same result, for example because the five years will not pass and there are no compelling circumstances, a later new application timed after the limitation may be the realistic plan.

The database also records Harris [2018] AATA 4904, with the recorded issue "genuine and continuing relationship; parties separated then reconciled; reapplied for partner visa; long distance relationship due to applicant's work", where the matter was remitted. A partner visa sponsor reapply after refusal is a legitimate strategy, but it must be built on changed facts. The FAQ on a partner visa after a previous partner visa refusal and the guide to a partner visa after a previous refusal explain that approach.

Partner visa sponsor reapply after refusal: a plan for the first 28 days

The first 28 days after notification decide which options survive, so the sponsor should treat them as a fixed working period rather than a waiting period.

A sensible partner visa sponsor reapply after refusal plan for that period looks like this:

• Days 1 to 3. Read the refusal decision closely. Note the date of notification, which may differ from the date of the letter. Identify the criterion that was not met and whether the sponsorship was the reason.
• Days 3 to 7. Confirm whether the applicant holds any other substantive visa, whether section 48 applies, and when the bridging visa will end. Confirm who must apply for review for that subclass.
• Days 7 to 14. For a limitation refusal, calculate the five-year date against the likely Tribunal timeframe. For a character refusal, gather court and sentencing records. For a missing document refusal, request the missing police checks or form.
• Before day 28. Lodge the review application and pay the fee, or a fee reduction request, unless a deliberate decision has been made that a new application is the better course.

The most damaging partner visa sponsor reapply after refusal mistakes happen in this period. The common ones are:

• assuming a new onshore application can be lodged instead of review, when section 48 and paragraph 1124B(3)(e) make it invalid;
• waiting for all the evidence before lodging review, when the Tribunal can receive evidence later;
• the sponsor withdrawing support in frustration, which creates a new reason for refusal;
• leaving Australia without understanding the effect on review and on the bridging visa; and
• lodging a new application that repeats the same sponsorship problem.

The FAQ on a review deadline when the refusal was sent to an agent explains why the notification date must be checked carefully, and the guide on what to do after a partner visa refusal gives the wider checklist.

How My Migration Lawyers helps with a partner visa sponsor reapply after refusal decision

My Migration Lawyers deals with complex partner visa cases, acts in many matters where a sponsorship has not been approved, and is capable of advising on a partner visa sponsor reapply after refusal decision from the day the refusal arrives through to review or a new application. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

On this type of matter, the firm:

• reads the refusal decision and the sponsor's own history to identify the exact reason the sponsorship was not approved;
• confirms the review deadline and who must apply, and lodges the review application in time where review is the right path;
• checks whether section 48 and paragraph 1124B(3)(e) prevent an onshore application, and whether the applicant holds any other substantive visa;
• calculates the regulation 1.20J five-year period to the likely decision date, and prepares a compelling circumstances submission where it is needed;
• manages police checks, consent to disclose and the sponsorship form so that the same failure is not repeated;
• presents the sponsor's and applicant's own accounts, which each of them reviews and corrects, together with Form 888 statements and relationship evidence;
• compares the cost and timing of review with a new Subclass 309 application; and
• prepares the Schedule 3 case where a new onshore application is possible but the applicant holds no substantive visa.

The firm acts for sponsors across Australia through its partner visa lawyers, including in Sydney, Melbourne, Brisbane and Perth. Its work on partner visa refusals and wider visa refusals covers the review stage, and the FAQ on getting a lawyer after a sponsorship refusal answers the most common question.

A partner visa sponsor reapply after refusal decision should be made before the 28-day review period ends. Book a consultation with My Migration Lawyers, or call 1300 040 300.