Partner Visa Work After Refusal

Work after partner visa refusal is possible for many applicants, but only for a limited time and only if the bridging visa they hold allows it. A refusal letter does not end your right to work on the day it arrives. What happens next depends on which bridging visa you hold, what conditions it carries, and whether you lodge a valid review with the Administrative Review Tribunal in time. The rules on work after partner visa refusal are strict, and a mistake in the first weeks can cost you your job, your lawful status and your review.

This guide is for onshore applicants whose combined Subclass 820 and Subclass 801 partner visa application has just been refused and who can still apply for review. It explains how long your bridging visa lasts after the refusal, what happens to your work rights while the Tribunal reviews the decision, how a person on a Bridging visa C or Bridging visa E can ask for permission to work, what employers will see on VEVO, and what changes if the Tribunal remits or affirms the decision. If you need the wider picture first, our complete guide to partner visas in Australia covers every stage. If you have a refusal letter in your hands now, our partner visa refusals lawyers can check your position urgently.

Can you work after partner visa refusal? The short answer

Yes, you can usually keep working after a partner visa refusal if the bridging visa granted with your application allows work, but only until that bridging visa ceases. For most onshore applicants, the bridging visa is a Bridging visa A or Bridging visa B with no conditions. That bridging visa does not stop being in effect just because the partner visa was refused. It continues for a fixed period after the refusal, and for longer if a valid review is lodged.

The short answer on work after partner visa refusal therefore has three parts:

• If you hold a Bridging visa A or Bridging visa B with no conditions, you can keep working until the bridging visa ceases.
• If you hold a Bridging visa C or Bridging visa E with condition 8101, you still cannot work, and the refusal does not change that condition.
• If you lodge a valid review with the Administrative Review Tribunal within the time limit, the bridging visa usually stays in effect, with the same conditions, until the review is decided and for a short period after.

Work after partner visa refusal is not a separate right. It is simply the continuation of the right to work, or the prohibition on work, that already applied to your bridging visa. Our article on whether you can work while waiting for a Subclass 820 visa explains how those rights work before a decision is made.

Why your bridging visa decides your work after partner visa refusal

Your bridging visa decides your work after partner visa refusal because the refusal does not grant you a new visa or change the conditions of the one you hold. The bridging visa that was granted when you lodged the partner visa application is still the visa that keeps you lawful. Its conditions still apply, and its cessation rules decide how long it lasts.

The Migration Regulations 1994 set out which bridging visa an onshore partner applicant receives. In broad terms:

• An applicant who held a substantive visa when lodging usually receives a Bridging visa A. Under paragraph 010.611(1)(c) and the legislative instrument made under it, Subclass 820 and Subclass 801 applicants receive their associated Bridging visa A with no conditions.
• An applicant who held a Bridging visa A and was later granted a Bridging visa B for travel holds that Bridging visa B, also with no conditions under paragraph 020.611(1)(b).
• An applicant who did not hold a substantive visa when lodging usually receives a Bridging visa C, which must carry condition 8101 under clause 030.614.
• An applicant who held a Bridging visa E since their last substantive visa usually receives a further Bridging visa E, which under Department policy normally carries condition 8101.

Our guide to bridging visas in Australia explains how these classes fit together. For the question of work after partner visa refusal, the key point is simple. Find out which bridging visa you hold and whether it carries condition 8101. Everything else follows from that.

One bridging visa for both stages

For a combined onshore application, one bridging visa is granted in association with both the Subclass 820 application and the Subclass 801 application. The Department's policy explains that the events that make the bridging visa cease are tied to the Subclass 801 application. In practice, the Department refuses both applications together when it refuses the Subclass 820 visa, because an applicant who does not hold a Subclass 820 visa cannot meet the criteria for the Subclass 801 visa. The refusal of the Subclass 801 application is therefore the decision that starts the clock on your bridging visa, and on your work after partner visa refusal. Our article on Subclass 820 vs Subclass 801 explains how the two stages relate.

Work after partner visa refusal if no review is sought

If no review is sought, a Bridging visa A granted on or after 19 November 2016 ceases 35 days after the Subclass 801 refusal decision, and your right to work ends on that day. This rule is in subparagraph 010.511(1)(b)(ii) of Schedule 2. The same 35 day rule applies to a Bridging visa B under subparagraph 020.511(1)(b)(ii) and to a Bridging visa C under paragraph 030.511(1)(b).

The 35 days run from the date of the decision, not from the date you read the letter. The Department's policy notes that for bridging visas granted on or after 19 November 2016, cessation is set at a fixed period after the decision itself, rather than after notification. A refusal letter that sits unread in an inbox for a week has already used a week of that period.

Bridging visas granted before 19 November 2016 follow older rules, which were based on notification of the decision. Very few onshore partner applicants still hold a bridging visa that old, but anyone who does should have the exact cessation date checked.

What work is allowed during the 35 days

During the 35 days, the bridging visa keeps the same conditions it had before the refusal. A Bridging visa A holder with no conditions can keep working for any employer and for any number of hours. A Bridging visa C holder with condition 8101 still cannot work. Work after partner visa refusal during this period is the same as work before the refusal, with one difference: the end date is now fixed.

What happens when the bridging visa ceases

When the bridging visa ceases, the person no longer holds a visa that allows them to remain in Australia, unless they hold another visa. They become unlawful. Work after partner visa refusal stops on that day, because an unlawful person has no visa conditions that allow work at all. An employer who checks VEVO after that date will see that the person does not hold a valid visa.

This is why the decision about review needs to be made early. Review deadlines are short and strictly applied, and a person who wants to keep working and keep their lawful status needs to act well before the bridging visa ceases. Our guide to partner visa refused appeal options explains the choices that are open after a refusal.

Work after partner visa refusal during an ART review

If a valid review application is lodged with the Administrative Review Tribunal within the time limit, the bridging visa stays in effect with the same conditions while the review is pending. This is the most important rule for anyone who wants to protect their work after partner visa refusal. The partner visa application is not finally determined while a valid review is on foot, so the bridging visa granted with it continues.

For a Bridging visa A, subparagraph 010.511(1)(b)(iii) provides that, where merits review is sought, the bridging visa ceases 35 days after the Tribunal's decision on the review, other than a decision to remit the application to the Department for reconsideration. The same structure applies to a Bridging visa B and to a Bridging visa C. Until then, the bridging visa remains in effect.

In practical terms, work after partner visa refusal during the review looks like this:

• A Bridging visa A or Bridging visa B holder with no conditions can keep working without restriction for the whole review period.
• A Bridging visa C holder with condition 8101 still cannot work during the review, but can apply for a further Bridging visa C without that condition on financial hardship grounds.
• A Bridging visa E holder keeps whatever conditions the Bridging visa E carries, which will usually include condition 8101.

Our article on what to expect at an ART review after a visa refusal explains how the review itself is run. A visa appeal lawyer can explain how the process applies to your case.

The review must be valid and on time

The bridging visa continues only if the review application is valid. A review application must be lodged in the correct form, within the time limit, with the required fee, and by a person who is entitled to apply. For a refusal of an onshore partner visa, the Department's policy confirms that subsection 347(3) of the Migration Act 1958 requires the applicant to be physically present in Australia when the review application is made.

If the Tribunal later finds that the review application was not validly made, a Bridging visa A granted on or after 19 November 2016 ceases 35 days after that finding, under subparagraph 010.511(1)(b)(iia). The person's work after partner visa refusal then ends on that date. Review deadlines are short and strictly applied, so the time to lodge is as soon as the decision to seek review is made.

What the Tribunal is reviewing

The Tribunal reviews the refusal decision afresh. It can consider new evidence, including evidence of the relationship that was not before the Department. Many refusals turn on the genuineness of the relationship, the evidence of the relationship, the relationship statement or the Form 888 statements from friends and family. Our articles on why Subclass 820 partner visas are refused and why partner visas get refused explain the usual issues. The review is a chance to answer them properly, and the bridging visa continuing during that time is what keeps work after partner visa refusal possible for most applicants.

What happens to work rights if the Tribunal remits or affirms

If the Tribunal remits the application, the bridging visa continues while the Department reconsiders it, so work after partner visa refusal continues on the same conditions. If the Tribunal affirms the refusal, the bridging visa generally ceases 35 days after the Tribunal's decision, and the right to work ends then.

If the Tribunal remits the decision

A remittal sends the partner visa application back to the Department with a direction or recommendation, for example that the applicant meets a particular criterion. The Department's policy for the Bridging visa A states that where the Tribunal remits the associated substantive visa application for reconsideration, the bridging visa continues until one of the other ceasing events occurs. The same applies to a Bridging visa B under paragraph 020.511(1)(b) and to a Bridging visa C.

So after a remittal, a Bridging visa A holder with no conditions keeps working while the Department reconsiders the application. A Bridging visa C holder with condition 8101 is still bound by that condition, but the partner visa application is again before the Department and is still not finally determined, so the financial hardship route remains open. Work after partner visa refusal after a remittal is therefore the same as work before the original refusal.

The Department then makes a new decision. If it grants the Subclass 820 visa, the bridging visa stops being in effect and work rights come from the Subclass 820 visa, which cannot carry any conditions under subdivision 820.6. If it refuses again, the 35 day cessation rule and the review rules apply again.

If the Tribunal affirms the refusal

If the Tribunal affirms the refusal, the bridging visa ceases 35 days after the Tribunal's decision. Work after partner visa refusal continues during those 35 days on the same conditions, and then ends. After that date the person has no visa that allows them to remain, unless another visa is held or granted.

Some people consider judicial review in a court after an affirmed decision. Judicial review has its own bridging visa rules and its own work conditions, which are explained later in this guide. The nil conditions rule for partner visa applicants does not apply to a bridging visa granted on judicial review grounds, so a person cannot assume that work after partner visa refusal will continue in the same way at that stage.

If the review is withdrawn

If the applicant withdraws the review application, a Bridging visa A granted on or after 19 November 2016 ceases 35 days after the effective date of the withdrawal, under subparagraph 010.511(1)(b)(v). A Bridging visa C works the same way. Withdrawing a review is sometimes the right choice, for example when the couple plans an offshore application instead, but the effect on work after partner visa refusal should be planned before the withdrawal is made.

Bridging visa C and work after partner visa refusal

A Bridging visa C holder cannot work after partner visa refusal unless they have already obtained, or now obtain, a further Bridging visa C without condition 8101. Clause 030.614 requires condition 8101 to be imposed on a Bridging visa C granted with an onshore partner visa application, unless a specific exception applies. The refusal does not lift that condition, and lodging a review does not lift it either.

Applicants usually hold a Bridging visa C because they did not hold a substantive visa when they lodged. Many of them also faced the Schedule 3 criteria for applicants who are unlawful or without a substantive visa. A refusal for failing Schedule 3 is common in this group. If that is the reason for your refusal, our Schedule 3 waiver lawyers and our article on the Schedule 3 partner visa waiver explain what has to be shown at review.

How long a Bridging visa C lasts after the refusal

The Department's policy for the Bridging visa C states that only one Bridging visa C is granted for a combined Subclass 820 and Subclass 801 application, and that its cessation is triggered by events relating to the Subclass 801 application. A Bridging visa C granted on or after 19 November 2016 ceases 35 days after the Subclass 801 refusal decision if no review is sought. If a valid review is lodged, it ceases 35 days after the Tribunal's decision, unless the matter is remitted.

So a Bridging visa C holder keeps their lawful status through the review in the same way as a Bridging visa A holder. The difference is in work after partner visa refusal: the Bridging visa C holder starts from a position of no work.

Mandatory 8101 applies even if VEVO does not show it

The Department's policy for the Bridging visa C states that mandatory condition 8101 applies as a matter of law when the visa is granted. If the condition is not recorded in the Department's systems, it still applies and the holder must comply with it. A Bridging visa C holder who sees no work condition on VEVO after a refusal should not treat that as permission to work. Work after partner visa refusal on a Bridging visa C depends on the Migration Regulations, not on the screen.

Asking for permission to work during the review

A Bridging visa C holder with condition 8101 can apply for a further Bridging visa C without that condition during the review, if they can show a compelling need to work. This is the main route to lawful work after partner visa refusal for a person who did not hold a substantive visa at lodgement.

Subclause 030.212(3) of Schedule 2 provides for this further Bridging visa C. The applicant must hold a Bridging visa C that was granted for a valid substantive visa application made in Australia, the substantive visa application must not have been finally determined, the Bridging visa C must carry condition 8101, and the Minister must be satisfied that the applicant has a compelling need to work. If the further visa is granted, clause 030.611 provides that it carries no conditions, unless condition 8303 or condition 8501 was on the earlier Bridging visa C.

Why a pending review keeps this route open

A partner visa application is not finally determined while a valid and timely review is pending at the Tribunal. That means the requirement in subclause 030.212(3) that the substantive application has not been finally determined is still met during the review. On the question of work after partner visa refusal, this is an important point that many applicants miss. The refusal does not close the door on a hardship application. A valid review keeps it open.

The position is different once the matter moves to judicial review. The Department's policy states that a person who has sought judicial review cannot satisfy the compelling need to work criteria, because their substantive visa application has been finally determined and the bridging visa they hold was granted for the court application, not for the partner visa application.

What compelling need to work means

For a partner visa applicant, a compelling need to work means financial hardship. Regulation 1.08 provides that a person has a compelling need to work if, and only if, they are in financial hardship, or they meet a separate limb that applies only to certain Subclass 457 visa applicants. "Financial hardship" is not defined in the legislation, so it has its ordinary meaning. Under Department policy, a person can be taken to be in financial hardship where the cost of reasonable living expenses exceeds their ability to pay for them.

The Department's policy lists the matters a decision maker should consider:

• Whether the claimed expenses are reasonable.
• How the person has supported themselves until now, and whether that support will continue.
• Whether there are other possible means of support, including the sponsor, relatives or friends in Australia, or relatives overseas.
• Whether the person would otherwise become an unreasonable charge on public funds or charitable institutions.
• How long it is likely to be before the substantive visa application is decided.

The policy also states that the likely outcome of the substantive application is not relevant. A refusal does not count against a hardship application, and a strong review case does not help it. What matters is the household's real financial position.

The sponsor's income after a refusal

After a refusal, the relationship and the household finances are often under strain at the same time. The sponsor may have reduced hours to support the applicant, or the couple may be paying for evidence, translations and other costs of the review. A hardship application for work after partner visa refusal should explain these facts honestly and with documents. An application that says nothing about the sponsor's income, or why that income does not cover the household's reasonable costs, is unlikely to succeed.

If the relationship has broken down since the refusal, different issues arise for the review itself. Our article on what happens if the relationship breaks down during a Subclass 820 application explains the position, and our family violence partner visa lawyers act where the family violence provisions may apply. In those matters, the sponsor is no longer a source of support, and the hardship application should say so clearly.

How to apply: Form 1005

The application is made on Form 1005, or the online version through ImmiAccount where available. Our guide to creating an ImmiAccount explains the account setup. Form 1005 asks about savings, income, expenses and support from other people, and it requires evidence to be provided with the application.

Useful evidence usually includes:

• Bank statements for the applicant and the sponsor.
• Rent or mortgage records and regular household bills.
• Evidence of debts and essential costs, such as medical or childcare costs.
• An explanation of any change in circumstances, such as the sponsor losing work or the household taking on new costs.
• An explanation of why other sources of support are not available or have run out.

The Department may decide the application on what is in front of it, or it may ask for more information. Our guide to responding to a section 56 request for more information explains requests of that kind. Because the Department can decide without asking, the first application for work after partner visa refusal should be complete.

If the hardship application is refused, the applicant may still be granted a further Bridging visa C with condition 8101. They stay lawful, but they still cannot work. A fresh application with new evidence can be made later if the household's position worsens.

Bridging visa E holders and work after partner visa refusal

A Bridging visa E holder usually cannot work after partner visa refusal unless their Bridging visa E was granted without condition 8101 or they obtain a further Bridging visa E without it. A person who holds a Bridging visa E, or has held one since their last substantive visa, cannot be granted a Bridging visa C. If they lodge a partner visa application, the bridging visa that keeps them lawful is usually a further Bridging visa E.

Does a Bridging visa E continue during the review?

Yes. The Department's policy on Bridging visa E grants states that a Bridging visa E granted for a substantive visa application continues while a timely merits review of the refusal is pending. The exact visa period depends on the ground on which the Bridging visa E was granted, so the cessation date for each person needs checking against their grant notice.

Getting permission to work on a Bridging visa E

Where the Bridging visa E was granted in connection with a valid substantive visa application, subclause 050.212(8) allows a further Bridging visa E without condition 8101 if the person shows a compelling need to work under regulation 1.08. The same financial hardship analysis applies as for a Bridging visa C. Where the Bridging visa E was granted on other grounds, the relevant conditions clause decides whether condition 8101 is mandatory or discretionary. If it is mandatory, a further Bridging visa E without it cannot be granted.

Bridging visa E holders also need to comply with any reporting and address conditions. A breach of those conditions puts the bridging visa at risk in the same way as unlawful work. For anyone in this position, work after partner visa refusal needs to be assessed against the exact ground of the Bridging visa E grant.

Subclass 801 refusal for Subclass 820 holders

A Subclass 820 holder whose Subclass 801 application is refused loses the Subclass 820 visa when notified of the decision, and their work after partner visa refusal then depends on the bridging visa that comes back into effect. Clause 820.511 provides that a Subclass 820 visa permits the holder to remain in Australia until the holder is notified that the Subclass 801 application has been decided, or until that application is withdrawn.

While the Subclass 820 visa is in effect, the holder can work without restriction, because subdivision 820.6 does not allow any conditions to be imposed on it. The bridging visa granted at lodgement stopped being in effect when the Subclass 820 visa was granted, but the holder still holds it, because its visa period has not ended.

The bridging visa comes back into effect

The Department's policy for the Subclass 801 visa states that if the Subclass 801 visa is refused while the applicant is in Australia, the bridging visa held by the applicant comes into effect on the recording of the refusal decision. That bridging visa allows the person to remain lawfully while they make arrangements to leave or, if eligible, apply to the Tribunal for review.

For most people at this stage, that bridging visa is a Bridging visa A with no conditions. Work after partner visa refusal at the second stage therefore usually continues without restriction for 35 days after the refusal decision if no review is sought, and during a valid and timely review. For a person whose original bridging visa was a Bridging visa C, condition 8101 comes back with it. This is a serious change for someone who has worked freely on a Subclass 820 visa for years and now holds a reactivated Bridging visa C. They must stop work unless and until they obtain a further Bridging visa C without condition 8101.

Why second stage refusals happen

Second stage refusals most often follow a relationship breakdown, a problem with character or public interest criteria, or a failure to provide information. Where the relationship has ended, the family violence provisions and other exceptions may be relevant. A Subclass 820 visa can also be cancelled, and the Department's policy explains that the Subclass 801 application is then finalised after natural justice. Our guide to the section 57 natural justice letter explains how to respond before a decision is made, and our visa cancellations practice acts where cancellation is proposed.

Our guide to the Subclass 820 visa explains the second stage assessment. Holders who have moved address or whose circumstances have changed should keep the Department informed using Form 1022 for a change of circumstances, because a refusal for failure to respond to correspondence is avoidable.

Leaving Australia after a partner visa refusal

Leaving Australia after a partner visa refusal can end the bridging visa and, with it, any right to return or to keep working. A Bridging visa A ceases if the holder leaves Australia while it is in effect, under subsection 82(8) of the Migration Act. The Department's policy notes that a Bridging visa A that ceases in this way cannot be brought back into effect.

There is a second problem. For an onshore partner visa refusal, the review application must be made while the applicant is physically in Australia, under subsection 347(3) of the Migration Act. A person who leaves before lodging a review may lose the ability to lodge it at all. For the Subclass 820 visa, clause 820.411 also requires the applicant to be in Australia when the visa is granted, which the Department's policy confirms can lead to refusal if the applicant stays overseas.

Travel during the review

A person who holds a Bridging visa A for the partner visa application may be able to apply for a Bridging visa B before travelling during the review, because the application is not yet finally determined. A Bridging visa B for a partner visa applicant carries no conditions under paragraph 020.611(1)(b), so work after partner visa refusal would continue on return within the travel facility period. However, a Bridging visa B is discretionary, the travel facility period cannot be extended once granted, and a Bridging visa B ceases if the holder is outside Australia when the travel facility period ends.

A Bridging visa C or Bridging visa E holder cannot obtain a Bridging visa B. If they leave, their bridging visa ceases and there is no right to return on it. Any travel after a refusal should be planned with advice before booking.

If the couple decides to apply offshore instead

Some couples decide, after a refusal, that an offshore application is the better path. Our Subclass 309 partner visa service page explains the offshore option, and our article on applying for a partner visa after a visa refusal explains the restrictions that can apply to a new application. That decision affects work after partner visa refusal directly, because leaving Australia ends the onshore bridging visa, and the applicant will not hold work rights in Australia while the offshore application is processed.

Employer checks on VEVO after a partner visa refusal

Employers can see on VEVO whether you still hold a visa that allows work after partner visa refusal, and many employers check again when they learn of a refusal. Visa Entitlement Verification Online, known as VEVO, is the Department's online service that shows a person's current visa and its conditions. A visa holder can check their own record, and an employer can check it with the person's consent.

During the period after a refusal, VEVO should show the bridging visa that is in effect and the conditions attached to it. A Bridging visa A or Bridging visa B held by a partner visa applicant should show no conditions. A Bridging visa C or Bridging visa E may show condition 8101. Once the bridging visa ceases, VEVO will no longer show a visa that allows the person to remain or to work.

What employers need to know

Employers have their own legal obligations under the Migration Act not to allow a person to work in breach of their visa conditions or without a visa that permits work. An employer who learns that an employee's partner visa has been refused will often want to understand how long the employee can keep working. The honest answer is that work after partner visa refusal depends on the bridging visa, its conditions and whether a valid review has been lodged.

Where a review is lodged, the employee can give the employer the Tribunal's acknowledgement of the review application and a current VEVO result showing the bridging visa in effect. That combination usually answers the employer's question. Where the employee's bridging visa carries condition 8101, the employer must not allow work until a further bridging visa without that condition has been granted.

If VEVO looks wrong

Visa conditions attach by law, not by data entry. The Department's policy states that a mandatory condition 8101 on a Bridging visa C applies even if it is not recorded. The policy on the Bridging visa B states that a condition recorded against a Bridging visa B that the law does not allow has no legal effect. An incorrect record can therefore overstate or understate work after partner visa refusal. If the record looks wrong, the Department should be asked to correct it, and no one should act on an incorrect record without advice.

The risks of working in breach of condition 8101 after a refusal

Working in breach of condition 8101 after a refusal can lead to cancellation of the bridging visa, and a cancellation can damage the review and any later application. Section 116(1)(b) of the Migration Act allows a visa to be cancelled if the holder has not complied with a condition of the visa. Condition 8101 states that the holder must not engage in work in Australia, and regulation 1.03 defines work as an activity that, in Australia, normally attracts remuneration. Unpaid work in a role that would normally be paid can still be a breach.

The risk is higher after a refusal than before it. A person whose partner visa has been refused is already under closer attention. A cancellation of the bridging visa can leave them unlawful and liable to detention while the review is still pending. It also becomes part of their immigration history, which can affect any later application. Work after partner visa refusal is not worth risking on an assumption that the condition no longer matters.

Working after the bridging visa has ceased

Working after the bridging visa has ceased is a different problem. The person is no longer working in breach of a condition. They are working without any visa at all. That exposes the person and the employer to serious consequences, and it can affect the person's ability to obtain another visa in Australia. This is why the end date of the bridging visa must be known precisely, and why the decision on review must be made in time.

Judicial review and work after partner visa refusal

Work after partner visa refusal at the judicial review stage is governed by different bridging visa rules, and the nil conditions rule for partner visa applicants does not apply. If the Tribunal affirms the refusal and the person applies to a court for judicial review, the bridging visa granted with the partner visa application will cease on its normal schedule. The person needs a bridging visa granted on judicial review grounds to stay lawful.

Judicial review bridging visas

A Bridging visa A on judicial review grounds can only be granted to a person who held a Bridging visa A or Bridging visa B when they made the judicial review application. The Department's policy states that if that earlier bridging visa ceased before the court application was made, the person cannot meet that requirement and may need to be considered for a Bridging visa E instead. A Bridging visa C can also be granted on judicial review grounds where the court application is made within the statutory time limit.

The Department's policy confirms that paragraph 010.611(1)(c), which gives partner visa applicants a Bridging visa A with no conditions, does not apply to a judicial review Bridging visa A. The conditions on a judicial review bridging visa are worked out under other provisions. The policy also states that a person at judicial review cannot obtain a bridging visa without a work condition on compelling need to work grounds, because their substantive visa application has been finally determined. For a Bridging visa E granted on judicial review grounds, the policy states that condition 8101 is mandatory where it applied to the previous visa.

The practical result is that work after partner visa refusal can change sharply at the judicial review stage. A person who worked freely during the Tribunal review may find that their judicial review bridging visa carries condition 8101. Our judicial review lawyers advise on the bridging visa position before any court application is lodged.

Common mistakes with work after partner visa refusal

The most common mistakes with work after partner visa refusal come from treating the refusal letter as either the end of all work rights or as having no effect at all. They include:

• Stopping work immediately on refusal, when a Bridging visa A with no conditions still allowed work.
• Continuing to work after the bridging visa has ceased, because no review was lodged.
• Assuming that lodging a review lifts condition 8101 on a Bridging visa C.
• Not applying for a further Bridging visa C without condition 8101 during the review, when the household is in genuine financial hardship.
• Lodging a review that is not valid, so the bridging visa ceases 35 days after the Tribunal finds it invalid.
• Leaving Australia on a Bridging visa A after the refusal, which ends the bridging visa.
• A Subclass 820 holder continuing to work after a Subclass 801 refusal when their reactivated bridging visa is a Bridging visa C with condition 8101.
• Assuming that a judicial review bridging visa will carry the same conditions as the bridging visa held during the Tribunal review.

Each of these mistakes can be avoided by reading the refusal letter carefully on the day it arrives, checking the bridging visa on VEVO, and getting advice on the review deadline straight away. Where time is short, our guide to urgent immigration lawyer advice explains what to prepare.

A practical checklist after the refusal letter

A practical checklist for work after partner visa refusal starts with the refusal letter and the bridging visa grant notice. The steps are:

• Read the refusal letter and note the date of the decision, the review rights and the time limit stated in it.
• Find your bridging visa grant notice and confirm which bridging visa you hold and whether it carries condition 8101.
• Check VEVO to confirm the bridging visa that is in effect today.
• Decide on review well within the time limit, and make sure any review application is valid and lodged while you are in Australia.
• If you hold a Bridging visa C or Bridging visa E with condition 8101 and the household is in financial hardship, prepare a Form 1005 application with full evidence.
• Do not travel without advice.
• Keep your employer informed with accurate documents, not assumptions.

If you lodged your partner visa yourself, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can take over at the review stage, and our guide to Form 956 and 956A explains how a representative is appointed. A second opinion from an immigration lawyer can be useful where a refusal followed advice that did not work. Our guides on when you need an immigration lawyer for a partner visa, choosing a partner visa lawyer in Australia, our factual comparison of a partner visa migration agent or lawyer, and booking an immigration lawyer consultation explain what to expect.

For the review itself, our guides to preparing evidence of a genuine relationship, the partner visa document checklist and the de facto partner visa 12 month rule explain what the Tribunal will expect to see. Where the refusal raised a sponsorship issue, our partner visa sponsorship limitations page explains the restrictions. Same-sex couples have the same bridging visa rules and the same rights to work after partner visa refusal as any other couple, and our LGBTI partner visa lawyers act in those matters. Where the refusal sits alongside refusals of other visas, our visa refusals practice can advise on the whole history.

Where My Migration Lawyers acts after a partner visa refusal

My Migration Lawyers acts for couples across Australia after partner visa refusals, with consultations by video. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a refusal sits alongside other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guide on how to choose a partner visa lawyer in Australia useful. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with work after partner visa refusal

My Migration Lawyers acts in many onshore partner visa refusals where work after partner visa refusal is an urgent, practical concern, and many of those matters are complex. They include couples refused on the genuineness of the relationship, applicants refused under Schedule 3, applicants holding a Bridging visa C or Bridging visa E with condition 8101, Subclass 820 holders refused at the second stage, and matters where the relationship has ended. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

When a refusal arrives, the firm first confirms the date of the decision, the review rights and the time limit, and identifies the bridging visa the applicant holds and its exact conditions. The firm then tells the couple in writing how long work after partner visa refusal can continue, what a valid review will mean for the bridging visa, and what will happen if no review is lodged. Where review is the right course, the firm prepares and lodges a valid review application with the Administrative Review Tribunal in time, so the bridging visa stays in effect.

During the review, the firm prepares the case for the Tribunal, presenting the couple's own account and evidence in the form the law requires. Where an applicant is subject to condition 8101 and the household is in financial hardship, the firm prepares the Form 1005 application for a further bridging visa without that condition. The firm also advises on employer questions, on VEVO records that look wrong, on travel, on remittals and on the bridging visa position if the matter moves to judicial review.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page, or send us a message through our contact page.

If your partner visa has been refused and you need to know where you stand on work after partner visa refusal, act before the review deadline passes. Book a consultation or call 1300 040 300.