Key Takeaways
- Travel after partner visa refusal is possible, but leaving Australia on a Bridging visa A ends that bridging visa the moment you depart, and it cannot be revived when you come back.
- A person whose Subclass 820 application was refused in Australia usually stays lawful on a Bridging visa A while review can be sought and while a valid Administrative Review Tribunal (ART) review is on foot. A Bridging visa B can be sought for travel during the review, but only for substantial reasons.
- A Subclass 820 visa can only be granted to an applicant who is in Australia. Leaving during the review without a way back can undo the whole point of the review.
- Leaving while lawful, or on a Bridging visa A or B, does not trigger the three year PIC 4014 exclusion period. Leaving as an unlawful non-citizen, or on a Bridging visa C, D or E, generally does, subject to limited exceptions.
- Returning on a visitor visa after a refusal is scrutinised closely. The refusal must be disclosed honestly, and a visitor visa granted with condition 8503 can block a new partner visa application in Australia.
- The offshore Subclass 309 route with the Australian sponsor is often the right answer, but only after the reasons for the refusal, the review position and any section 48 or Schedule 3 issue have been checked first.
Can you travel after partner visa refusal?
Yes. Travel after partner visa refusal is legally possible, but the timing, the visa you hold when you leave and the way you plan to return decide whether the trip protects your future or damages it. A person whose Subclass 820 application has been refused in Australia does not lose the right to leave. What they can lose is their bridging visa, their practical ability to pursue a review, their eligibility for a later partner visa in Australia and, in some cases, their ability to be granted any visa for a period of years.
This article is written for people who can still act. It deals with travel after partner visa refusal by an applicant who applied for a Subclass 820 visa inside Australia, received a refusal and is now thinking about leaving, whether for a short trip, a family emergency or a permanent move overseas. It explains what happens to the bridging visa, what happens to an ART review, how exclusion periods work, what a visitor visa application will face and when the offshore Subclass 309 visa becomes the better path.
The single most common mistake is booking a flight first and asking questions later. A refusal letter sets off a short, strictly applied review period that runs from the date the decision is notified. Decisions about travel after partner visa refusal should be made inside that period, with the review position, the bridging visa position and the long term plan worked out together. If you have only just received the decision, read our guide to partner visa refusal appeal options and get advice immediately.
Who this guide is for
This guide is for the visa applicant, and for the Australian sponsor who wants to understand what a trip would mean for the couple. It assumes the person applied for the combined Subclass 820 and Subclass 801 visa in Australia and the Department of Home Affairs refused the Subclass 820. It does not deal with a refused Bridging visa B while the partner visa itself is still being processed, which is a separate problem with its own answers. It also does not deal with a partner visa that has been cancelled after grant, which is covered on our visa cancellations page.
Why travel after partner visa refusal is a legal decision, not a travel decision
Every choice about travel after partner visa refusal changes something in the person's legal position. Leaving can end a bridging visa. Leaving can make a review pointless. Leaving at the wrong time, or on the wrong bridging visa, can attach a three year exclusion period to every later application that includes that criterion. Staying can also carry risk, because a person who stays after their lawful status ends becomes an unlawful non-citizen. None of these consequences can be reversed by buying a different ticket. That is why the couple should treat travel after partner visa refusal as part of the legal strategy for the case, not as a separate personal matter.
What is your visa status after a partner visa refusal?
Most Subclass 820 applicants who are refused in Australia hold a Bridging visa A that stays in effect after the refusal for a set period, so they are not unlawful on the day the refusal arrives. The Bridging visa A was granted in association with the partner visa application. Its purpose is to keep the applicant lawful while the application is processed, and then while the applicant either applies for review or makes arrangements to leave.
The exact cessation rules depend on whether a valid review application is made in time. Department policy explains that the bridging visa gives a refused applicant time either to make arrangements to leave Australia or, if eligible, to apply to the Tribunal for review, and that where a valid review application is lodged, the bridging visa continues while the review is on foot and for a period after the Tribunal's decision is notified. We deliberately do not state the number of days here. The periods are short, they are measured from specific events, and the only safe approach is to have them calculated from your own refusal letter and records. Our article on the Bridging visa A explains the visa itself in more detail.
Your status if you lodge an ART review in time
If a valid ART review application is lodged within the review period, the Bridging visa A generally continues while the review is pending. This is the most important protection a refused applicant has. It keeps the person lawful, it usually preserves the work rights they held, and it keeps the partner visa application alive because the application is not finally determined until the review is decided. Our guide on what to expect in an ART review explains the process from lodgement to decision.
Your status if you do not lodge a review
If no review is lodged, the Bridging visa A ends a short time after the review period closes. From that point, a person who holds no other visa is an unlawful non-citizen. A person in that position must not assume they can stay quietly and sort things out later. The question of travel after partner visa refusal then becomes a question of how to leave lawfully, or how to regularise status, before the exclusion rules and the risk of detention come into play.
What a refusal does not change
A refusal does not cancel a Bridging visa A that is already in effect, and it does not make the applicant unlawful on the day of the decision. It also does not, by itself, bar the applicant from ever applying for a partner visa again. What it does do is start the clock. Understanding why partner visas get refused and the reasons stated in your own decision record is essential, because those reasons will follow you into every later application, wherever it is lodged.
What happens to your Bridging visa A if you leave Australia after a refusal?
A Bridging visa A ceases as soon as the holder leaves Australia, and once it has ceased on departure it cannot be brought back into effect. This rule comes from section 82(8) of the Migration Act 1958. Department policy confirms that a Bridging visa A that ceased because the holder left Australia cannot be reactivated under the provisions that allow some bridging visas to come back into effect.
For travel after partner visa refusal, this has a simple and harsh consequence. A person who leaves on a Bridging visa A has no visa to return on. They will need a new visa to come back, and the most obvious options, a visitor visa or a new partner visa from offshore, each carry their own scrutiny and timing. Many applicants assume that because their Subclass 820 case is still alive at the Tribunal, they can simply fly back. That assumption is wrong.
The Bridging visa A does not give a right to return
The Bridging visa A is a visa to remain in Australia. It has no travel facility. A refused applicant who is overseas when they realise they want to return cannot rely on the Bridging visa A, cannot ask for it to be reinstated and cannot board a flight to Australia on the strength of their review. This is the point most often misunderstood about travel after partner visa refusal.
The effect on work rights
Because the Bridging visa A ends on departure, any work rights attached to it also end. If the person later returns on a different visa, they hold only the rights that visa gives. A visitor visa, for example, generally does not allow work. Applicants who rely on income from work in Australia should factor this into any plan for travel after partner visa refusal. Our article on Subclass 820 work rights on a Bridging visa A explains how those rights work while the bridging visa remains in effect.
Can you get a Bridging visa B after your partner visa is refused?
Yes, in many cases. A person who holds a Bridging visa A or B and whose substantive visa application has not been finally determined can apply for a Bridging visa B, and a partner visa application under ART review is not finally determined. Department policy describes the purpose of the Bridging visa B as allowing a person to leave and re-enter Australia during the processing of the substantive visa application, including any merits review. The key criteria are in clause 020.211, which requires the applicant to hold a Bridging visa A or B, and subclause 020.212(2), which requires a valid substantive visa application made in Australia that has not been finally determined and reasons for travel that are substantial.
This is the lawful way to manage travel after partner visa refusal while a review is running. It is also the only bridging visa route that keeps the review and the return both realistic. It keeps a visa in place that allows return within the travel period granted. Our guide to the Bridging visa B explains the application process, and our overview of bridging visas in Australia explains how the A, B, C and E visas relate to each other.
Substantial reasons are still required
A refusal does not lower the bar for a Bridging visa B. The delegate must be satisfied that the reasons for wanting to leave and re-enter Australia are substantial, both when the application is made and when it is decided. Policy treats "substantial" as meaning real, actual and of real importance. A serious illness or death of a close family member, an unavoidable legal or business obligation, or a significant family event can qualify when properly evidenced. A general wish to visit home, without more, will often be refused. Delegates can also take into account how long the person wants to be away and how that fits with the review.
What the Bridging visa B does not do
A Bridging visa B allows travel and return only within the travel period stated on the grant. If the holder stays away beyond that period, the facility is gone and they are outside Australia without a visa to return on. A Bridging visa B also does not protect the person from the consequences of the review. If the Tribunal affirms the refusal while the person is overseas, their position becomes far more difficult. Travel after partner visa refusal on a Bridging visa B therefore needs a return date that is realistic, evidenced and well inside the travel period.
Bridging visa B refusals
If a Bridging visa B application is refused, the person still holds the Bridging visa A they already had. They are not made unlawful by the refusal, but they also cannot leave and expect to come back on it. A refused Bridging visa B for an applicant whose partner visa is still being processed by the Department is a separate topic. The point for this article is narrower: if the Bridging visa B is refused after the partner visa refusal, any travel after partner visa refusal must be planned on the basis that a departure ends the Bridging visa A and the right to return goes with it.
What happens to your ART review if you leave Australia?
Leaving Australia does not automatically end an ART review, but it can make the review practically worthless, because a Subclass 820 visa can only be granted to an applicant who is in Australia at the time of grant. Clause 820.411 of Schedule 2 to the Migration Regulations 1994 requires the applicant to be in Australia when the Subclass 820 visa is granted. The Tribunal does not grant visas itself in a partner case. Where it finds in the applicant's favour, it normally remits the application to the Department with a direction about the criteria in dispute. The Department then has to complete the grant, and the grant requirement of being in Australia still applies.
This is why travel after partner visa refusal during a review needs to be planned around a return. A person who leaves on a Bridging visa A, cannot get back, and then succeeds at the Tribunal may find that the remitted application cannot be granted while they are overseas. Policy does allow a delegate some discretion about when to decide an application, and a short, explained absence is very different from a person who has relocated overseas with no plan to return. But nobody should rely on discretion they have not been told they will receive.
The presence requirement at the time of lodging review
The Department's merits review policy, reflecting sections 338(2) and 347 of the Migration Act, states that a review application for an onshore refusal of this kind must be made by the visa applicant while they are physically present in Australia. A person who leaves before lodging the review cannot lodge it from overseas. Of all the timing errors linked to travel after partner visa refusal, this is the most serious, because it can extinguish the review right completely. Anyone considering travel should lodge the review first, in time, while still in Australia, and only then think about a Bridging visa B. Our visa appeal lawyer guide explains how review applications are prepared, and our partner visa refusals page sets out how My Migration Lawyers approaches them.
Hearings, evidence and attendance
The Tribunal usually invites the applicant to a hearing. A person overseas may be able to ask to appear by video or telephone, but that is a matter for the Tribunal, and it is not a substitute for being able to give evidence properly. Partner cases often turn on credibility and on detailed evidence about the relationship. If the refusal was based on the genuineness of the relationship, the review will usually need fresh, specific evidence across the financial, household, social and commitment aspects of the relationship, supported by a strong relationship statement and new Form 888 supporting statements. Gathering that evidence is far harder when the couple are living in different countries.
What a long absence says about the relationship
There is also an evidential cost to travel after partner visa refusal. A partner visa requires a genuine and continuing relationship, and for de facto couples, a relationship in which the partners live together or do not live separately and apart on a permanent basis. A long period apart during the review, with no clear reason, can be used to question whether the relationship continues in the way the law requires. Couples who must spend time apart should keep evidence of contact, visits, financial support and joint plans, as explained in our guide to partner visa relationship evidence. Our article on de facto partner visas explains the de facto requirements.
When leaving during the review may still make sense
There are cases where travel after partner visa refusal during the review is the right choice. The reason for the refusal may not be curable in Australia, the applicant may face a Schedule 3 problem that the Tribunal is unlikely to resolve, or a strong offshore Subclass 309 application may be a faster and safer path to a permanent outcome. Those cases call for a deliberate decision, made with advice, about whether to keep the review going, withdraw it or let it run while an offshore application is prepared. They should never be the result of a flight booked before anyone has read the decision record.
Is it better to leave Australia while you are still lawful?
Yes, for most refused applicants who intend to leave, departing while still holding a bridging visa that is in effect is far better than departing after becoming unlawful. The difference comes from Public Interest Criterion 4014 in Schedule 4 to the Migration Regulations 1994, which creates an exclusion period for people who left Australia in certain circumstances.
Leaving while lawful protects the person's future applications in a way that no later explanation can. That is the core rule of travel after partner visa refusal for anyone who does not intend to come back during a review. For anyone planning to leave, the question is not just "when do I want to go?" but "what visa will I hold on the day I leave?". A departure on a Bridging visa A or Bridging visa B is not a PIC 4014 departure. A departure as an unlawful non-citizen, or on a Bridging visa C, D or E, can be.
What PIC 4014 says
Department policy on exclusion periods explains that a visa applicant affected by a PIC 4014 risk factor cannot be granted a visa unless three years have passed since they left Australia. The three year period starts on the date of departure. As a general rule, a person is affected if they left Australia as an unlawful non-citizen, or as the holder of a Bridging C, Bridging D or Bridging E visa. The exclusion only applies to visas that list PIC 4014 as a criterion, and the Department must check the criteria for each visa subclass, but it applies to many of the visas a refused partner visa applicant is most likely to need next.
The exceptions in PIC 4014(5)
PIC 4014(5) contains important exceptions. A person is not affected if they left Australia within 28 days after a substantive visa they held ceased to be in effect. A person is also not affected if the bridging visa they held when they left was granted within 28 days after a substantive visa ceased, or was granted while they held another bridging visa that itself was granted while they held a substantive visa or within 28 days after it ceased. These rules are technical and fact specific, and they are often overlooked in travel after partner visa refusal planning. Many Subclass 820 applicants held a visitor, student or other substantive visa that ceased long before the refusal, so the 28 day exceptions often do not help them. That is why travel after partner visa refusal by a person whose Bridging visa A is about to end needs careful calculation.
Waiver of the exclusion period
PIC 4014 is not absolute, and it is not the end of the road for people whose travel after partner visa refusal has already triggered it. Policy states that a visa can still be granted within the three year period if the decision maker is satisfied that there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. An Australian partner and Australian citizen children can be relevant to that assessment. But a waiver is a discretionary decision, it must be argued with evidence, and it adds risk to the next application. Avoiding the exclusion period in the first place is always better than asking for a waiver later.
What happens if you stay in Australia after your bridging visa ends?
A person who delays travel after partner visa refusal and stays in Australia after their Bridging visa A ceases, and who holds no other visa, becomes an unlawful non-citizen and is liable to be detained and removed. Unlawful status also damages future options. It can trigger PIC 4014 on departure, it brings Schedule 3 into play for any new partner visa application in Australia and, if removal occurs, it can create further exclusion periods and a debt to the Commonwealth for the cost of removal.
People in this position sometimes feel that travel after partner visa refusal is no longer worth thinking about because they have "already" overstayed. That is not correct. Every extra week of unlawful status can make the next step harder. A person who has become unlawful should get advice at once from experienced immigration lawyers about whether to leave, whether a new application can be made in Australia, and whether they need a Bridging visa E while they arrange departure or a further application. Our urgent immigration lawyer advice guide explains what to prepare for that first call.
Why a Bridging visa E departure needs care
A Bridging visa E can keep a person lawful while they make arrangements to leave. But because PIC 4014 applies to a departure on a Bridging visa E unless one of the 28 day exceptions applies, the timing of the Bridging visa E grant matters as much as the departure itself. A person whose Bridging visa A has just ended should not assume that any Bridging visa E will protect their future. The question of travel after partner visa refusal in this situation is one for a lawyer, not a travel agent.
How does section 48 affect you after a partner visa refusal?
Section 48 of the Migration Act 1958 limits the visas that a person can apply for in Australia if they do not hold a substantive visa and have had a visa refused or cancelled since they last entered Australia. The classes they can still apply for are prescribed in regulation 2.12 of the Migration Regulations 1994. Partner visas are among them, but only under additional requirements.
For a refused Subclass 820 applicant who stays in Australia on a Bridging visa A, section 48 almost always applies. It is one of the main reasons travel after partner visa refusal is considered at all. The person cannot simply apply for a student visa, a skilled visa or another temporary visa to stay on. Our Subclass 820 partner visa guide explains the onshore criteria that a new application would need to meet. Our guide to applying for a partner visa after a visa refusal explains section 48 and the partner visa exception in detail.
Section 48 and travel on a Bridging visa B
Section 48(3) provides that a person who leaves and re-enters Australia while holding a bridging visa is taken to have been continuously in Australia. Department policy gives the example directly: a person refused in Australia, affected by section 48, who leaves and returns on a Bridging visa B, is still affected by section 48 on return. Travel after partner visa refusal on a Bridging visa B does not reset the section 48 position.
Section 48 and offshore applications
The same policy confirms that section 48 does not prevent a person from making a visa application while they are outside Australia, even if they left on a Bridging visa B and remain affected by section 48. A valid offshore application, such as a Subclass 309 application made while the person is overseas, is not blocked by section 48. This is one reason the offshore route is often discussed as part of travel after partner visa refusal planning.
Section 48 after leaving without a bridging visa
Section 48 is tied to refusals since the person last entered Australia. A person who leaves without a bridging visa, and later re-enters on a new visa, is no longer affected by section 48 in relation to the earlier refusal. But that does not mean they can apply for a Subclass 820 visa freely on return. The visa they entered on may carry a no further stay condition, and the earlier refusal will still be part of their history. Our guide to what an immigration lawyer does for partner visa clients and our Schedule 3 criteria guide explain how these rules interact.
What are the Schedule 3 risks if you stay and apply again?
Schedule 3 to the Migration Regulations 1994 adds extra criteria for a Subclass 820 applicant who does not hold a substantive visa when they apply. In practical terms, a refused applicant who stays in Australia on a bridging visa, or who becomes unlawful, and then lodges a new Subclass 820 application will usually face Schedule 3. The criteria can be waived for a partner visa only where there are compelling reasons not to apply them.
Department policy on the Subclass 820 visa is direct about this. It says the waiver provisions are not intended to give an unfair advantage to people who fail to comply with their visa conditions, deliberately manipulate their circumstances, or can leave Australia and apply for a partner visa outside Australia. It adds that, as a general rule, a genuine relationship and the hardship of separation are not by themselves compelling reasons, because a genuine relationship is the basis of every partner visa. In other words, the fact that the applicant could leave and apply offshore can count against a waiver. Our Schedule 3 waiver page and our guide to the Schedule 3 partner visa waiver explain what can amount to compelling reasons.
How Schedule 3 changes the travel decision
Schedule 3 is the reason travel after partner visa refusal is sometimes the safer strategy. A couple who would struggle to show compelling reasons in Australia may be better served by an offshore Subclass 309 application, where Schedule 3 does not apply in the same way. Equally, a couple with strong compelling reasons, such as an Australian child, serious health issues or circumstances beyond the applicant's control, may be better served by staying and arguing the waiver. This is a judgement that turns on the facts and should be made by a lawyer after reading the refusal decision.
Schedule 3 issues the Tribunal has remitted
The Tribunal has remitted several Subclass 820 reviews on Schedule 3 issues. Sandhu (Migration) [2018] AATA 1483 is reported as raising whether compelling reasons existed for not applying the Schedule 3 criteria, including the length of the relationship and the difficulty of relocating offshore while the application was processed. Harpreet Singh (Migration) [2019] AATA 5689 is reported as a court remittal concerning Schedule 3, an application lodged outside the relevant timeframe and compelling reasons for waiver. 1901805 (Migration) [2021] AATA 1139 is reported as concerning compelling reasons to waive Schedule 3 where the applicant was the partner of an Australian citizen and there was a child of the relationship. In each case the decision under review was remitted. These matters show that Schedule 3 is argued on evidence, case by case.
Can you return to Australia on a visitor visa after a partner visa refusal?
Yes, it is possible, but a visitor visa application after a partner visa refusal is assessed with close attention to whether the applicant genuinely intends only a temporary stay. The visitor visa criteria require a genuine intention to stay temporarily. A person with an Australian partner, a refused partner visa and a history of living in Australia will be asked, in substance, why the Department should accept that this visit is temporary.
Travel after partner visa refusal followed by a quick visitor visa application is one of the most common plans couples make, and one of the most commonly refused. That does not mean it can never work. A short, clearly defined visit, with evidence of ties and obligations overseas, a return ticket and an honest explanation of the immigration history, is very different from an application that looks like a way back into Australia to try again onshore.
Honest disclosure of the refusal is essential
Visitor visa applications ask about previous refusals and immigration history. The refusal must be disclosed accurately. Public Interest Criterion 4020 allows a visa to be refused where false or misleading information, or a bogus document, has been given, and a finding under PIC 4020 can affect later applications as well. Leaving the refusal out of a visitor visa application, or describing it inaccurately, can create a far bigger problem than the refusal itself. One remitted Tribunal matter, TRUONG (Migration) [2024] AATA 680, is reported as raising false or misleading information in a previous visitor visa application about marital status. It shows how earlier applications are compared with later ones. The firm's Form 80 guide explains why consistency across every form matters.
Condition 8503 and the no further stay problem
A visitor visa may be granted with condition 8503. That condition means the holder will not, after entering Australia, be entitled to be granted a substantive visa other than a protection visa while they remain in Australia. Department policy says the condition is mandatory in some visitor visa streams, including the Sponsored Family stream, and discretionary in the Tourist stream. It also says the condition must not be used as a substitute for properly assessing whether the applicant genuinely intends a temporary stay.
For a refused partner visa applicant, condition 8503 is a serious obstacle. It means the person cannot simply return on a visitor visa and lodge a new Subclass 820 application. A waiver can be requested in limited prescribed circumstances, but a waiver request does not keep a person lawful if their visa is about to expire. Our article on condition 8503 and the Subclass 820 visa and our guide to moving from a tourist visa to a partner visa explain the condition and the waiver process.
A visitor visa is not a strategy for a new onshore application
Some couples plan travel after partner visa refusal on the basis that the applicant will leave, obtain a visitor visa, return and lodge a fresh Subclass 820 application. That plan depends on several things going right at once: the visitor visa being granted, the visa not carrying condition 8503, the new application meeting every time of application criterion, and the reasons for the first refusal being fixed. It also depends on the visitor visa application being entirely honest about the intention behind the trip. A person who tells the Department they intend only a short visit, while actually planning to apply for a partner visa on arrival, risks a finding that they gave misleading information. The honest answer is often that an offshore Subclass 309 application is the cleaner path.
Visiting while an offshore partner application is pending
Where an offshore Subclass 309 application has been lodged, the applicant may still apply for a visitor visa to see their partner in Australia while the application is processed. The same scrutiny applies. The application must be honest about the pending partner visa, the visit must be genuinely temporary, and the applicant generally needs to be outside Australia for the Subclass 309 visa to be granted. Visiting is possible. Living in Australia on a series of visitor visas is not what the visitor program is for, and travel after partner visa refusal should never be planned on that basis.
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Is the offshore Subclass 309 route better after a partner visa refusal?
Often, yes. For many refused Subclass 820 applicants, the strongest long term answer to travel after partner visa refusal is to leave lawfully and lodge a Subclass 309 application from outside Australia, sponsored by the Australian partner. The Subclass 309 is the provisional stage of the offshore partner visa, and it leads to the permanent Subclass 100 visa. Our Subclass 309 visa page and the complete partner visa guide explain the offshore pathway.
The offshore route removes some of the onshore obstacles. Section 48 does not prevent a valid application made outside Australia. Schedule 3 does not apply to an offshore applicant in the way it applies to a person in Australia without a substantive visa. And a refusal of a Subclass 309 visa is generally reviewable on the application of the Australian sponsor, under section 338(5) of the Migration Act, whether the sponsor is in Australia or not.
The refusal reasons do not disappear offshore
The offshore route is not a fresh start in the legal sense. The Department will see the previous refusal and the reasons for it. If the Subclass 820 was refused because the delegate was not satisfied the relationship was genuine, the Subclass 309 application must deal with that concern head on, with better evidence and a clear explanation. If the refusal involved PIC 4020 or a character issue, those problems may carry over and must be assessed before anything is lodged. Our articles on Subclass 820 refusals and the section 56 request for more information show the kinds of concerns that need to be answered in the new application.
Where the applicant must be
The location rules are a central part of travel after partner visa refusal planning for the offshore route. A Subclass 309 applicant must generally be outside Australia when the application is made and when the visa is granted. A short visit to Australia during processing may be possible on a visitor visa, but the applicant must be offshore at the time of grant. Couples should plan for the reality of time apart, or time together overseas, during processing.
The sponsor's eligibility
The Australian partner must be able to sponsor. Limits on sponsorship apply where a sponsor has previously sponsored other partners, or was themselves granted a partner visa on the basis of an earlier relationship, within prescribed periods, and where the sponsor has certain convictions. Our pages on partner visa sponsorship limitations and on when a sponsor cannot sponsor explain these limits. Sponsorship issues should be checked before any travel after partner visa refusal, because there is no point in leaving Australia to lodge an offshore application that the sponsor cannot support.
Keeping or withdrawing the ART review
One of the hardest questions in travel after partner visa refusal is what to do with the review. A person can have an ART review of the Subclass 820 refusal on foot and lodge an offshore Subclass 309 application at the same time. Whether that is wise depends on the reasons for refusal, the strength of the review, the likely timing and the risk of inconsistent evidence across the two matters. Withdrawing a review is final. Keeping a review that cannot realistically lead to grant, because the applicant will be overseas, may only delay the offshore outcome. This decision should be made deliberately and with advice. Our guide to Subclass 820 vs Subclass 801 explains how the onshore stages fit together, which matters when deciding whether the onshore case is worth keeping.
What should you check before booking a flight after a partner visa refusal?
Before booking any flight, check the review position, the visa you will hold on departure, the return plan and the future application, in that order. These four checks cover almost every serious mistake made in travel after partner visa refusal.
Check 1: the review position
Confirm the date the decision was notified and whether review is available. If you want a review, lodge it while you are in Australia and within the review period. Do not leave first and plan to lodge the review later from overseas. The review period is short and strictly applied. Our guide to partner visa refusal appeal options explains what the review involves, and our visa refusals page explains how the firm handles refusals across visa types.
Check 2: the visa you will hold on the day you leave
Confirm whether your Bridging visa A is still in effect, whether you hold a Bridging visa B with a travel period that covers your trip, or whether you are about to become unlawful. Check your status on VEVO and through ImmiAccount. If you have not used ImmiAccount before, our guide on how to create an ImmiAccount explains the steps. Leaving on a Bridging visa A or B does not trigger PIC 4014. Leaving as an unlawful non-citizen, or on a Bridging visa C, D or E, may.
Check 3: how you will get back
If you intend to return during the review, you need a Bridging visa B granted before you leave. If you intend to return on a visitor visa, assume close scrutiny and possibly condition 8503. If you intend to return on a Subclass 309 visa, plan for processing time offshore. Never leave on the assumption that a Bridging visa A, a pending review or an Australian partner will be enough to get you back in.
Check 4: the next application
Identify the next visa you will need and check its criteria now, including PIC 4014, PIC 4020, the sponsor's eligibility and, if you may apply in Australia, section 48 and Schedule 3. Keep your evidence of the relationship up to date throughout, using the partner visa document checklist and the Subclass 820 evidence checklist as a guide. Couples who are apart should also read our guide to preparing evidence of a genuine relationship.
Keep the Department informed
If your address, passport or contact details change while an application or review is pending, tell the Department and the Tribunal. Changes in circumstances can be notified using the forms explained in our Form 1022 change of circumstances guide. A notice sent to an old address can still be treated as received, and missing it can cost a review or a response deadline.
Are there special situations that change the travel decision?
Yes. Family violence, relationship breakdown, judicial review and safety concerns in the home country can each change the analysis of travel after partner visa refusal, sometimes completely.
Family violence
Family violence changes travel after partner visa refusal more than any other factor. Where the relationship has ended and the applicant has suffered family violence committed by the sponsoring partner, the family violence provisions may allow the partner visa to be granted despite the breakdown. A person in that position should not leave Australia without advice, because the claim may depend on being able to continue the onshore application or review. Our family violence partner visa page explains how those provisions work.
Relationship breakdown
If the relationship has broken down for other reasons, travel after partner visa refusal may become a question of a permanent departure. In that situation, the partner visa will usually not be granted, and the review may not be worth pursuing. The question then becomes how to leave lawfully and what other visa options exist. Our article on Subclass 820 relationship breakdown explains the options.
Judicial review after the Tribunal
If the Tribunal affirms the refusal, judicial review may be available for legal error. Separate bridging visa rules apply, and Department policy allows a judicial review Bridging visa B in limited circumstances where the person wishes to leave and re-enter during the proceedings and has substantial reasons. Our judicial review page explains when court review is possible.
Same sex couples
The same rules on travel after partner visa refusal apply to same sex couples. Where travel to the applicant's home country raises safety concerns, those concerns should be raised early with the lawyer, as they may affect both the travel plan and the evidence. Our LGBTI partner visa page explains the firm's approach.
Common mistakes with travel after partner visa refusal
The most common mistakes with travel after partner visa refusal are leaving before lodging a review, leaving on a Bridging visa A and expecting to return, overstaying and then leaving, and applying for a visitor visa without disclosing the refusal properly. Each of these mistakes is avoidable, and each can cost the couple years.
Leaving before lodging the review
A review of an onshore Subclass 820 refusal must be lodged by the applicant while in Australia. Leaving first and asking about review later is the most damaging form of travel after partner visa refusal, because it can end the review right altogether.
Treating the Bridging visa A as a return ticket
The Bridging visa A ends on departure and cannot be revived. Travel after partner visa refusal on a Bridging visa A is a one way trip unless another visa is obtained. A pending Tribunal review does not create a right to re-enter Australia.
Waiting until the bridging visa has ended
Some applicants stay on after their Bridging visa A ends, intending to leave "soon". A departure as an unlawful non-citizen can attract the three year PIC 4014 exclusion period, subject to the limited exceptions. Leaving while still lawful is almost always better.
Assuming a visitor visa will solve the problem
A visitor visa is not designed to bring a refused partner visa applicant back to apply again. It will be scrutinised, it may carry condition 8503, and it must be applied for honestly. Travel after partner visa refusal built around a visitor visa is fragile.
Lodging an offshore application without fixing the refusal reasons
An offshore Subclass 309 application that repeats the evidence that failed in the Subclass 820 application is likely to meet the same concerns. The reasons in the refusal decision should shape the new application. A second opinion from an immigration lawyer on the refusal decision is often worth getting before anything new is lodged, and our guide to the S57 natural justice letter explains how adverse information is usually put to applicants before a refusal.
How My Migration Lawyers helps with travel after partner visa refusal
My Migration Lawyers advises refused Subclass 820 applicants and their Australian partners on travel after partner visa refusal as part of a full strategy for the case, not as a separate question about flights. The firm acts in many partner visa refusal matters, including matters where the applicant needs to travel, where a family emergency has arisen overseas, and where the couple must decide between a Tribunal review and an offshore application. It regularly deals with complex cases involving section 48, Schedule 3, PIC 4014, PIC 4020 and condition 8503, and it is equipped to handle them carefully.
What the firm does on a matter like this
When a refused applicant asks about travel, My Migration Lawyers works through a set sequence. First, the firm reads the refusal decision record and identifies each criterion the delegate found was not met. Second, it confirms the date of notification and the review position, and where a review is warranted, it prepares and lodges the review application while the client is still in Australia. Third, it checks the client's current visa, the Bridging visa A position and any earlier substantive visa, so that the PIC 4014 position on any departure is known before a date is set. Fourth, where the client needs to travel during the review, it assesses whether the reasons are substantial and prepares a Bridging visa B application with the evidence the delegate will expect. Fifth, it assesses whether an offshore Subclass 309 application with the Australian sponsor is the stronger path, checks the sponsor's eligibility and plans the evidence that answers the original refusal. Finally, it advises on any visitor visa application during that period, including how the refusal must be disclosed and the risk of condition 8503.
Who leads the work
The firm's partner visa refusal work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, how our partner visa lawyers work, and the services covered on our Subclass 820 visa page. Clients who have already lodged their own application and now face a refusal can read our guide on hiring an immigration lawyer after lodgement, and our Form 956 guide explains how a lawyer is appointed on the file.
Clients across Australia
My Migration Lawyers acts for clients across Australia by video consultation. The firm assists couples through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read our guides to choosing the best partner visa lawyer in Australia, and in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta.
Act before you travel
Decisions about travel after partner visa refusal are hardest to fix once the plane has left. If your Subclass 820 application has been refused and you are thinking about leaving Australia, speak to a lawyer while you are still in Australia and while the review period is still open. My Migration Lawyers will review the decision, explain what leaving would do to your status, your review and your future applications, and set out the safest route back to a life together in Australia.
Book a Consultation with My Migration Lawyers. You can also call My Migration Lawyers on 1300 040 300.
Frequently Asked Questions
Can I travel after my partner visa is refused?
Yes. Travel after partner visa refusal is legally possible, but leaving Australia ends a Bridging visa A immediately and it cannot be revived on return. If you want to come back during an ART review, you need a Bridging visa B granted before you leave. If you are not coming back soon, you should leave while still lawful to avoid the PIC 4014 exclusion period. The review position and your next visa should be worked out before any flight is booked.
Does my bridging visa stay valid after a partner visa refusal?
Yes, for a limited time. A Bridging visa A granted with a Subclass 820 application stays in effect after the refusal for a set period, giving time to apply for review or arrange departure. If a valid ART review is lodged in time, it generally continues while the review is on foot and for a period after the Tribunal decision is notified. The exact periods depend on your own decision and should be calculated from your refusal letter.
What happens to my Bridging visa A if I leave Australia after a refusal?
Your Bridging visa A ceases as soon as you leave Australia, under section 82(8) of the Migration Act 1958. Once it has ceased on departure it cannot be reactivated. You will need a different visa to return, such as a Bridging visa B granted before you leave, a visitor visa or an offshore partner visa. A pending ART review does not give you a right to re-enter Australia.
Can I get a Bridging visa B after my partner visa is refused?
Yes, in many cases. If you hold a Bridging visa A and have lodged a valid ART review, your partner visa application is not finally determined, so you can apply for a Bridging visa B under subclause 020.212(2). You must show substantial reasons for leaving and returning, such as a serious family illness or death. A general wish to visit home is often not enough, and the trip must fit within the travel period granted.
Can I lodge an ART review from overseas?
No. A review of a Subclass 820 refusal made in Australia must be lodged by the applicant while they are physically present in Australia. If you leave before lodging the review, you can lose the review right completely. The review period is short and strictly applied, and runs from the date the decision is notified. If you want a review, lodge it first and only then consider travel.
Will leaving Australia end my ART review?
No, not automatically, but it can make the review pointless. A Subclass 820 visa can only be granted to an applicant who is in Australia at the time of grant. If the Tribunal remits your case while you are overseas and you cannot return, the Department may not be able to grant the visa. A long absence can also weaken evidence that the relationship is continuing. Plan any travel during a review around a Bridging visa B and a firm return date.
What is the PIC 4014 exclusion period?
PIC 4014 is a public interest criterion that stops a visa being granted for three years after a person left Australia as an unlawful non-citizen or on a Bridging visa C, D or E, unless an exception or waiver applies. Exceptions cover some departures within 28 days after a substantive visa ceased. A waiver needs compelling or compassionate circumstances. Leaving on a Bridging visa A or B does not trigger PIC 4014.
Is it better to leave Australia before my bridging visa ends?
Yes. For most refused applicants who intend to leave, departing while a Bridging visa A or B is still in effect is far better than leaving after becoming unlawful. A lawful departure avoids the PIC 4014 exclusion period and keeps future visa options open. Staying after the bridging visa ends also creates a risk of detention and removal. Confirm your status on VEVO before you set a departure date.
Can I come back to Australia on a visitor visa after a partner visa refusal?
Yes, it is possible, but the application will be examined closely for a genuine intention to stay only temporarily. You must disclose the refusal honestly, because false or misleading information can lead to refusal under PIC 4020. The visitor visa may also carry condition 8503, which prevents you from being granted most substantive visas, including a partner visa, while you remain in Australia.
Do I have to declare my partner visa refusal on a new visa application?
Yes. Visa applications ask about previous refusals, and the Subclass 820 refusal must be disclosed accurately on any later visitor, partner or other visa application. The Department compares answers across applications. Leaving out a refusal, or describing it inaccurately, can lead to a refusal under PIC 4020 and can affect later applications as well. It is always safer to disclose the refusal and explain it properly.
Can I apply for a Subclass 309 visa after my Subclass 820 was refused?
Yes. A refused Subclass 820 applicant can apply for a Subclass 309 visa from outside Australia, sponsored by their Australian partner. Section 48 does not stop a valid application made outside Australia. The new application must answer the reasons for the earlier refusal with better evidence, and the sponsor must still be eligible to sponsor. The applicant generally needs to be outside Australia when the Subclass 309 visa is granted.
Can I keep my ART review going while I apply for a Subclass 309 visa?
Yes, both can be on foot at the same time, but whether that is wise depends on the facts. A review that cannot realistically lead to grant because you will be overseas may only delay the offshore outcome. Evidence given in the two matters must also be consistent. Withdrawing a review is final, so the decision to keep or withdraw it should be made deliberately with legal advice.
Does section 48 still apply if I travel on a Bridging visa B?
Yes. Section 48(3) of the Migration Act treats a person who leaves and returns on a bridging visa as having been continuously in Australia. If section 48 applied to you before the trip, it still applies when you return on the Bridging visa B. Section 48 does not, however, stop you from lodging a valid visa application while you are outside Australia.
What happens if I stay in Australia after my bridging visa ends?
You become an unlawful non-citizen and can be detained and removed. Staying unlawfully also makes later visas harder to obtain. A departure as an unlawful non-citizen can trigger the three year PIC 4014 exclusion period, a new onshore partner application will usually face Schedule 3, and removal can create further exclusion periods and a debt to the Commonwealth. Get advice immediately about leaving lawfully or regularising your status.
Can I apply for another partner visa in Australia after a refusal?
Sometimes. Partner visas are among the visas a person affected by section 48 can still apply for in Australia, but additional requirements apply, and an applicant without a substantive visa will usually face the Schedule 3 criteria. A waiver of Schedule 3 needs compelling reasons, and a genuine relationship or the hardship of separation is not usually enough on its own. For many couples, an offshore Subclass 309 application is the cleaner path.
Should I talk to a lawyer before travelling after a partner visa refusal?
Yes. Travel after partner visa refusal affects your review rights, your bridging visa, your exclusion period position and your next visa application, and many of those effects cannot be reversed once you have left. A lawyer can read your refusal decision, confirm your status and the review period, and advise whether a Bridging visa B, a lawful departure or an offshore Subclass 309 application is the safer route for your case.
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.
