Reapplying for a Partner Visa After Refusal: What to Fix First

Couples often want to reapply for partner visa after refusal as soon as the decision arrives. That is understandable, but it is rarely the right first step. A refused partner visa is a written record of what the Department was not satisfied about, and a new application that does not answer those findings is likely to meet the same result.

This guide explains how to reapply for partner visa after refusal properly. It covers how to read the decision record, how a fresh application compares with review at the Administrative Review Tribunal, where the applicant can lawfully apply from, and how to fix genuineness, character, health, identity, document and sponsorship problems before lodging again. For the wider picture of every partner visa subclass, see our complete guide to partner visas in Australia. For the review route itself, our page on partner visa refusals explains how My Migration Lawyers acts in Tribunal matters.

Can you reapply for partner visa after refusal?

Yes, you can generally reapply for partner visa after refusal, because there is no general rule that a partner visa refusal prevents a later partner visa application. The real questions are whether the reasons for the refusal can be fixed, whether the applicant can make a valid application from where they are, and whether a new application is better than review.

Three practical limits apply to most couples who reapply for partner visa after refusal:

• The new application is decided on its own evidence, but the Department can see the earlier application, the earlier evidence and the earlier decision.
• An applicant in Australia who does not hold a substantive visa may be prevented from making a valid new onshore application by section 48 of the Migration Act 1958 and the validity requirements for the Subclass 820 and Subclass 801 application.
• Some refusals, such as those based on false or misleading information or on identity, can affect later applications for a period of time under public interest criterion 4020.

None of these limits means a couple cannot succeed later. They mean the decision to reapply for partner visa after refusal must be planned. Our article on why partner visas get refused explains the issues the Department most often raises, and our analysis of why Subclass 820 partner visas are refused looks at the onshore application in particular.

Why couples who reapply for partner visa after refusal without fixing the reasons are refused again

Couples who reapply for partner visa after refusal without fixing the reasons are usually refused again because the same officer findings can be made on the same evidence. A new application is not a fresh start in the sense of a clean file. The Department keeps records of every earlier application, every document provided and every statement made.

The most common mistake is to treat the refusal as bad luck. A couple lodges the same relationship statement, the same photographs and the same bank statements, sometimes with a few extra months of evidence added. If the earlier decision found that the couple did not share their financial affairs, or that their accounts of how they met were inconsistent, the new evidence does nothing to answer those findings.

The second common mistake is to change the story. A couple who were told that their relationship evidence was weak sometimes rewrite their history so that it looks stronger. That approach is dangerous. The earlier application is on the record, and a new account that contradicts the old one can raise questions about false or misleading information. The correct course is to explain the relationship honestly and completely, and to support it with better evidence, not with a different narrative.

The third common mistake is timing. Some couples reapply for partner visa after refusal within days, while the review period is still running, without knowing whether the new application is even valid. Others wait until the applicant's bridging visa ends and then discover that they cannot apply in Australia at all. Each of these problems can be avoided by reading the decision properly first.

Reading the refusal decision before you reapply for partner visa after refusal

The refusal decision is the most important document to read before you reapply for partner visa after refusal, because it sets out each criterion the Department found was not met and the evidence it relied on. The decision record usually has a section for each relevant criterion, a summary of the evidence considered, and the reasons for each finding.

Identifying each finding

Each finding in the decision should be listed separately. A partner visa can be refused on one ground or on several. A decision may find that the relationship is not genuine and continuing, that the couple did not meet the de facto relationship requirements at the time of application, that a public interest criterion was not met, or that the sponsorship was not approved. Each finding needs its own answer.

It also helps to separate what the decision says from what the couple believes it says. A decision that refers to a lack of evidence of joint finances is not necessarily saying the relationship is false. It is saying the evidence did not persuade the officer on that aspect. That distinction shapes the response.

Separating fixable findings from structural findings

Some findings can be fixed with evidence. A finding that the couple had not lived together for long enough, or that their financial arrangements were not shown, can often be addressed with evidence that now exists. Our article on the de facto partner visa and the 12-month rule and our answer to whether you really need 12 months of de facto relationship explain how the relationship period is assessed.

Other findings are structural. A refusal under public interest criterion 4020 for identity, a refusal on character grounds, or a sponsorship that cannot be approved may not be fixable simply by lodging again. Before you reapply for partner visa after refusal, each structural finding needs a legal answer, not only more documents.

Obtaining the full record

Applicants do not need to have kept every grant notice or every earlier form. My Migration Lawyers obtains the visa history itself, through VEVO, Department records and, where relevant, a freedom of information request for the earlier file. Reviewing what was actually lodged is often the only way to identify where the earlier application went wrong. Couples who lodged their own application and now want help can read our guide to hiring an immigration lawyer after lodging your own application, and those who received advice they are unsure about can read our article on getting a second opinion from an immigration lawyer.

Common refusal reasons and what each means for a new application

Each common refusal reason points to a different fix, and some reasons point away from a new application altogether. The list below explains how the most frequent findings affect a couple who want to reapply for partner visa after refusal.

• The relationship was not found to be genuine and continuing. This is the most common finding. It can usually be addressed with better evidence across the four aspects of the relationship and with evidence created since the refusal. It is often the strongest case for a well-prepared new application, or for review with new evidence.
• The de facto relationship requirement was not met at the time of application. Where the couple had not been in a de facto relationship for the required period when they applied, and no exception applied, time may now have fixed the problem. Couples who reapply for partner visa after refusal on this ground should check that the requirement is clearly met at the date of the new application.
• The marriage was not recognised as valid. Where the problem was the validity of a marriage, the fix may be a valid marriage, a registered relationship, or reliance on the de facto definition instead. The legal basis must be chosen before the evidence is assembled.
• A public interest criterion was not met. A refusal on character, health, identity or integrity grounds needs legal analysis. Some of these refusals affect later applications for a set period. They are discussed below.
• The sponsorship was not approved. Where the sponsor could not be approved, for example because of the sponsorship limitation or a relevant conviction, the question is whether the obstacle has passed or can be waived.
• The applicant did not respond to a request for information. Refusals for a missed section 56 request or natural justice letter are common in self-lodged applications. They are often fixable, but the missed information must be supplied in full when the couple reapply for partner visa after refusal.

Where more than one reason was given, each must be addressed. A new application that fixes the genuineness finding but ignores an integrity finding will still fail. That is why the decision record must be read as a whole before anyone decides to reapply for partner visa after refusal.

ART review or a fresh application: which comes first?

Review at the Administrative Review Tribunal and a fresh application are two different routes, and for many applicants in Australia review is the only practical route, because a valid new onshore application is not available. The choice must be made quickly, because the deadline to apply for review is short and strictly applied, and the Tribunal cannot accept a late application.

This article is about the new application. Our article on partner visa refusal appeal options and our guide to what to expect in an ART review after a visa refusal explain the review route in detail. The comparison below explains why the two routes must be weighed together before anyone decides to reapply for partner visa after refusal.

What Tribunal review offers

On review, the Tribunal reconsiders the original application and can consider new evidence, including evidence of how the relationship has developed since the refusal. If the Tribunal remits the matter, the Department must reconsider the original application in line with the Tribunal's decision, and it is bound by the Tribunal's findings that particular criteria are met. For an applicant in Australia, a bridging visa connected with the original application generally continues while the review is pending. Our guide to visa appeal lawyers explains when legal representation is worth considering.

What a fresh application offers

A fresh application allows the couple to present a complete new case, with the evidence organised from the start around the findings that caused the refusal. It may suit couples whose circumstances have changed significantly, such as a marriage since the refusal, a child of the relationship, or a long further period of living together. It also suits applicants outside Australia whose earlier offshore application was refused, because they can generally lodge a new offshore application without the onshore restrictions discussed below.

Can review and a new application run together?

In some cases, yes, but not in every case, and the answer depends on where the applicant is and what visa they hold. An applicant in Australia who is affected by section 48 after a partner visa refusal generally cannot make a valid new onshore partner visa application at all, so review is usually the route that keeps the matter alive in Australia. An applicant who is outside Australia, or who still holds another substantive visa, may have more options. Withdrawing a review application ends the review, so a couple should never withdraw review in order to reapply for partner visa after refusal until they have confirmed that the new application is valid and better.

Where can you reapply for partner visa after refusal from?

Where you can reapply for partner visa after refusal from depends on whether you are in Australia, whether you hold a substantive visa, and whether a partner visa was refused since you last entered Australia. This is the point most often missed, and it is the point that decides whether a new application is valid at all.

Section 48 and the partner visa refusal bar

Section 48 of the Migration Act 1958 applies to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since they last entered Australia. Such a person can apply only for the classes of visa prescribed in regulation 2.12 of the Migration Regulations 1994. The partner visa is among those classes, but the Subclass 820 and Subclass 801 application carries additional validity requirements for applicants affected by section 48.

One of those requirements is decisive for couples who want to reapply for partner visa after refusal in Australia. Under the Schedule 1 validity requirements for the combined application, a person affected by section 48 cannot make a valid partner visa application if they have had a partner visa refused since they last entered Australia. The Department's policy explains that the purpose is to prevent serial applications on the basis of a claimed relationship.

In practical terms, an applicant whose Subclass 820 application was refused, who now holds only a bridging visa, and who has not left Australia since, generally cannot reapply for partner visa after refusal from inside Australia. A new onshore application lodged in that situation is generally invalid. An invalid application does not attract a bridging visa and does not protect the applicant.

Leaving and returning on a bridging visa does not change this. The law treats a person who leaves and re-enters Australia while holding a bridging visa as having been continuously in Australia, so the earlier refusal is still treated as having occurred since their last entry. Our article on the Bridging Visa B explains how travel on a bridging visa works.

Section 48 also applies where the earlier refusal was not a partner visa at all, such as a student visa or a visitor visa refusal. That situation is covered in our separate article on applying for a partner visa after a visa refusal. This article focuses on applicants whose partner visa itself was refused.

When you still hold another substantive visa

Section 48 applies only to a person who does not hold a substantive visa. An applicant whose partner visa was refused while they still held another substantive visa, such as a student visa, a skilled visa or a graduate visa that remains in effect, is not affected by section 48 while that visa continues. That applicant may be able to reapply for partner visa after refusal from inside Australia, provided the substantive visa does not carry condition 8503 or another no further stay condition, and provided they lodge before that visa ends. Timing is critical, because once the substantive visa ends, section 48 can apply.

After a refusal at the permanent stage

A refusal at the permanent Subclass 801 stage raises its own issues. A person who holds a Subclass 820 visa continues to hold it until they are notified of the Subclass 801 refusal, and the validity rules contain a specific provision aimed at preventing a new partner visa application immediately after such a refusal. For most applicants refused at the permanent stage, review is the main route. Our Subclass 820 vs Subclass 801 guide explains how the two stages relate.

Condition 8503 after an offshore refusal

Applicants whose offshore partner visa was refused sometimes later visit Australia. A visitor visa granted after a partner visa refusal may carry condition 8503 (No Further Stay). That condition continues to apply while the person remains in Australia, even after the visitor visa itself has ceased, unless it is waived. An onshore partner visa application lodged without a waiver is generally invalid. Couples who plan to reapply for partner visa after refusal from inside Australia after a visit should check the visitor visa conditions first. Our article on whether you can apply for a Subclass 820 visa with condition 8503 and our guide to moving from a tourist visa to a partner visa in Australia explain the waiver.

Schedule 3 if you hold no substantive visa

An applicant who can validly apply in Australia but does not hold a substantive visa at the time of application must generally meet the Schedule 3 criteria 3001, 3003 and 3004, unless the Department is satisfied there are compelling reasons for not applying them. This can arise, for example, where a person's last substantive visa ended after the earlier refusal process concluded and section 48 does not apply to them. Our pages on the Schedule 3 waiver, the Schedule 3 criteria for partner visa applicants and the Schedule 3 partner visa waiver explain each criterion and the compelling reasons case.

Bridging visa status after the refusal

The applicant's bridging visa should be checked before any decision to reapply for partner visa after refusal. A Bridging Visa A connected with a refused application generally continues during the period in which review can be sought and while a review is pending. If no review is sought, it ends after that period. A new application does not automatically extend the old bridging visa, and an invalid new application gives no bridging visa at all. Our guides to bridging visas in Australia, the Bridging Visa A and working while waiting for a Subclass 820 visa explain the conditions that apply.

Applying from outside Australia

Applying from outside Australia is another way to reapply for partner visa after refusal. The offshore Subclass 309 visa is applied for outside Australia, and section 48 does not prevent a valid application made outside Australia. Leaving Australia has its own consequences, including for a pending review and, for anyone who became unlawful, possible exclusion periods for future visas. The decision to leave should be made with advice, before a flight is booked. Couples who are engaged rather than married may also consider the Subclass 300 Prospective Marriage visa.

Fixing a genuine relationship finding before you reapply for partner visa after refusal

A genuine relationship finding is fixed by answering each specific concern in the decision with evidence across the four aspects of the relationship, not by adding more of the same documents. Most partner visa refusals involve this finding, and it is the area where couples who reapply for partner visa after refusal can usually make the greatest difference.

The four aspects of the relationship

The Department assesses whether a relationship is genuine and continuing by reference to four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment. The decision record usually shows which aspects the officer was not satisfied about. The new application should be organised so that each weak aspect is addressed directly.

For financial aspects, that may mean joint accounts used for real household expenses, shared bills, joint leases or property, and evidence of how money moves between the couple. For the nature of the household, it may mean evidence of living together and sharing domestic responsibilities. For social aspects, it may mean evidence that friends, family and the community recognise the couple as a couple. For the nature of the commitment, it may mean evidence of time together, support during difficult periods and plans for the future. Our guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain each aspect in detail.

New evidence since the refusal

Evidence created after the refusal is often the most persuasive part of a new application. A marriage, a child, a joint purchase, a lease in both names, or a further period of living together are all developments the earlier officer could not consider. That does not mean older evidence is irrelevant. It means the new application should show how the relationship has continued and deepened since the earlier decision. Our 820 partner visa evidence checklist and our partner visa document checklist list the documents usually needed.

Building an evidence plan from the refusal decision

An evidence plan turns each finding into a list of documents to obtain before you reapply for partner visa after refusal. A practical way to build it is to take each sentence in the decision that expresses a concern and write beside it the evidence that answers it. If the officer found that the couple's finances were separate, the plan lists the joint account statements, shared bills and transfers that now exist. If the officer found that friends and family did not appear to know about the relationship, the plan lists invitations, photographs at family events, messages and Form 888 supporting statements from people who know the couple.

The plan should also record what cannot be obtained and why. Not every couple can have a joint lease, for example where one partner lives with family for cultural reasons. Where an expected type of evidence is missing, the explanation belongs in the relationship statement. Couples who reapply for partner visa after refusal with a clear plan usually present a more coherent application than couples who simply gather everything they can find. A short, well-organised application that answers the findings is generally more useful to the decision maker than a large one that does not.

The relationship statement and Form 888 supporting statements

There is one relationship statement, which is the couple's own account of how they met, how the relationship developed, how they live together and what they plan for the future. Before you reapply for partner visa after refusal, the statement should be reviewed against the earlier statement and against the findings in the decision. Where the earlier account was incomplete, the new statement should fill the gap honestly. Where the earlier account contained an error, the error should be identified and explained, not silently changed. The couple writes it in their own words, reviews it and corrects it, and My Migration Lawyers presents it in the form the law requires. Our guide to the partner visa relationship statement explains its structure.

Form 888 supporting statements come from Australian citizens or permanent residents who know the couple. Supporters who gave Form 888 statements in the earlier application may give new ones that describe the relationship as it is now. Our articles on Form 888 for a partner visa and on Form 888 example answers and common mistakes explain what a useful statement contains.

Fixing character, health, identity and document problems

Character, health, identity and document problems must each be resolved on their own legal terms before you reapply for partner visa after refusal, because better relationship evidence does nothing to answer them. These refusals are less common than genuineness refusals, but they are harder to fix.

Character

A partner visa refused because the applicant did not satisfy the character requirements needs a careful assessment before any new application. A refusal under section 501 of the Migration Act 1958 brings separate and stricter restrictions on further visa applications in Australia, and an applicant refused on that basis should not lodge any partner visa without specific advice. Where the earlier problem was missing police certificates or an incomplete Form 80, the fix is usually practical. Our guide to completing Form 80 without errors explains how the character form should be prepared, and our page on visa cancellations explains the related cancellation powers.

Health

A partner visa can be refused where the applicant or a family member does not meet the health requirement. Partner visas include a health criterion that can be waived in some circumstances. Where health was the reason for refusal, the new application should address the medical findings and, where relevant, the circumstances that support a waiver.

Identity and documents

An identity finding is serious. Under public interest criterion 4020, a visa refusal because the applicant did not satisfy the Department of their identity can prevent the grant of a later visa for a period of ten years, and there is no waiver for that period. Where the earlier problem was simply a missing or expired document, a new passport, a translated birth certificate or a properly certified document may resolve it. Where the Department doubted the authenticity of a document, the issue needs legal analysis before any new application.

Disclosure of the earlier refusal and consistency with the earlier application

Couples who reapply for partner visa after refusal must disclose the earlier refusal in the new application, and every answer must be consistent with what was said before, unless a change is explained. The application forms ask about previous visa applications and refusals, and the Department already holds that information. Failing to disclose a refusal the Department can see is one of the quickest ways to create a new problem.

Why PIC 4020 matters to a new application

Public interest criterion 4020 is the integrity criterion. It requires the applicant to satisfy the Department that they have not given a bogus document or information that is false or misleading in a material particular in relation to the current application, or a visa held in the 12 months before the application. It also contains non-grant periods. Where an earlier visa was refused because of a bogus document or false or misleading information, a later visa generally cannot be granted for a period of three years from that refusal, unless the requirement is waived. The waiver can apply where there are compelling circumstances affecting the interests of Australia, or compelling or compassionate circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. In a partner visa matter, the sponsor's circumstances can be relevant to that waiver.

The Department's policy also records that a refusal under PIC 4020 cannot rest on an innocent mistake. If an applicant can show that incorrect information was a genuine error, the criterion may still be satisfied. That is why errors in the earlier application should be identified and explained openly when you reapply for partner visa after refusal.

Consistency across every application

Consistency extends beyond the earlier partner visa. Visitor visa applications, student visa applications and any other application can contain statements about marital status, employment and the purpose of travel. Before you reapply for partner visa after refusal, those earlier statements should be compared with the new one. Where they differ, the reason should be explained. Our guide to responding to a section 57 natural justice letter explains how the Department puts adverse information to an applicant, and our article on responding to a section 56 request explains requests for further information.

Sponsorship issues when you reapply for partner visa after refusal

A sponsorship that was connected with a refused application does not count toward the sponsor's limit, because the limitation counts sponsorships that resulted in the grant of a visa. That means a sponsor who supported a refused application can generally sponsor the same partner again when the couple reapply for partner visa after refusal.

The sponsorship limitation still matters in other situations. In general terms, a sponsor may have at most two approved partner sponsorships, and cannot have a new sponsorship approved within five years of an earlier partner sponsorship or within five years of their own partner visa application, unless compelling circumstances affecting the sponsor justify approval. Where the earlier refusal was caused by the sponsorship limitation, the passage of time or new compelling circumstances may change the position. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain the rules.

Where the applicant now has a different partner, the new partner is a different sponsor and the new relationship must be assessed on its own evidence. The earlier refusal remains part of the applicant's visa history and must still be disclosed. Same-sex couples are assessed on the same terms as all other couples, as our page on the LGBTI partner visa explains.

Invalid applications are not refusals

An application that was invalid was never refused, so it does not give review rights and does not in itself trigger the section 48 consequences of a refusal. Some couples believe they were refused when the Department in fact treated their application as invalid, for example because condition 8503 had not been waived or because a validity requirement was not met. The distinction matters when they reapply for partner visa after refusal, because the starting point is different.

The consequences of an invalid application can still be serious. The applicant may not have received a bridging visa and may have become unlawful when their previous visa ended. The cause of the invalidity must be fixed before a new application is lodged. Our guide to urgent immigration lawyer advice explains what to prepare when the position is urgent.

Relationship breakdown and family violence after a refusal

If the relationship has ended, a new partner visa application based on that relationship is not available, because the relationship must be genuine and continuing. The special provisions for family violence apply in defined circumstances and have their own evidence requirements. An applicant whose relationship ended because of family violence by the sponsor should seek advice on whether those provisions can be relied on, either in review or otherwise. Our page on the family violence provisions for partner visas and our article on what happens to a Subclass 820 application if the relationship breaks down explain the general position.

A couple whose relationship is continuing but went through a difficult period before the refusal should address that period openly when they reapply for partner visa after refusal. A separation that has ended, a period of living apart for work or family reasons, or a reconciliation after a conflict is not fatal in itself. What matters is that the new application explains it honestly and shows, with evidence, that the relationship is genuine and continuing now. Applicants who reapply for partner visa after refusal and leave such a period unexplained invite the same finding again.

The visa application charge and timing when you reapply for partner visa after refusal

The visa application charge is payable again when you reapply for partner visa after refusal, because a new application is a separate application. The charge paid for the refused application is not carried over. Our article on Subclass 820 partner visa costs explains the government charges.

That is a practical reason to lodge only when the application is ready. A couple should reapply for partner visa after refusal when:

• every finding in the earlier decision has a written answer supported by evidence;
• the applicant's visa status has been checked and the new application will be valid;
• the relationship statement and Form 888 supporting statements are complete and consistent with the earlier application;
• identity, character and health documents are current; and
• the question of review has been decided, so that the two routes do not undermine each other.

Processing of the new application starts again from lodgement. Our article on Subclass 820 processing times explains what affects how long an application takes, and our 820 visa requirements guide and Subclass 820 partner visa guide set out the requirements the new application must meet. Changes in circumstances during processing must be notified, as our article on Form 1022 explains. The new application is lodged online, and our guides on how to create an ImmiAccount and on Form 956 and 956A explain account set-up and the appointment of a representative.

What the Tribunal has looked at in matters involving an earlier refusal

Tribunal decisions show that a refusal history is not the end of a partner visa matter, and that findings can be reconsidered when the evidence is properly presented. The decisions below are matters that were remitted or set aside. They are described only by the issues reported, and each was decided on its own facts.

• In Nguyen (Migration) [2024] AATA 354, a Subclass 309 matter, the reported issues were a previous refusal on another ground, a finding of credibility and commitment, a genuine and continuing relationship, and a valid marriage.
• In Tang (Migration) [2026] ARTA 374, a Subclass 820 matter, the reported issues were a genuine and continuing relationship, a valid marriage in the home country, a previous application that had been refused, the sponsor's regular visits and the applicant's arrival on a visitor visa.
• In 1803906 (Migration) [2021] AATA 2023, a Subclass 300 matter, the reported issues were false or misleading information, previous refused visa applications, outstanding debts to the Australian Government and waiver of the requirement.
• In 1620095 (Migration) [2019] AATA 400, a Subclass 309 matter, the reported issues were false information, inconsistent information submitted, the Tribunal being satisfied of the applicant's identity, and a genuine and continuing relationship.
• In Rogers (Migration) [2020] AATA 4743, a Subclass 309 matter, the reported issues were the sponsorship limitation, the five years not having lapsed since the earlier visa application, and the five years having elapsed during the review process.

These matters illustrate the kinds of findings that can be revisited: genuineness after an earlier refusal, inconsistent information, identity and the sponsorship limitation. They also show why a couple who intend to reapply for partner visa after refusal should first ask whether review is the better forum for the same issues.

Choosing who acts when you reapply for partner visa after refusal

A couple who reapply for partner visa after refusal are dealing with a legal problem as well as an evidence problem, because section 48, PIC 4020 and the validity rules can decide the matter before the relationship is considered. Our article on when you need an immigration lawyer for a partner visa, our guide to the partner visa lawyer vs doing it yourself question and our article on whether to use a migration agent or a lawyer for a partner visa explain the practical differences. Our guide to booking an immigration lawyer consultation explains what happens in a first consultation.

My Migration Lawyers acts for couples throughout Australia, and every consultation is conducted by video. Couples can read about our partner visa lawyers in Sydney, Parramatta, Melbourne, Brisbane, the Gold Coast, Perth, Adelaide, Canberra and Hobart. Those comparing firms can read our guides to choosing a partner visa lawyer in Australia and, by city, in Sydney, Melbourne, Brisbane and Perth. The location of the couple does not change the law. The refusal history and the applicant's visa status do.

How My Migration Lawyers handles applications to reapply for partner visa after refusal

My Migration Lawyers deals with complex partner visa matters and acts in many cases where couples need to reapply for partner visa after refusal or decide between a new application and review. The firm is capable of handling refusals involving genuineness findings, section 48, condition 8503, Schedule 3, PIC 4020, sponsorship limitations and character or identity issues. Its approach is to understand exactly why the application was refused before any new application is prepared.

In practice, the firm's work when a couple wants to reapply for partner visa after refusal includes:

• Reading the refusal decision and listing every finding, the evidence relied on and the criterion each finding relates to.
• Obtaining the applicant's visa history through VEVO, Department records and, where relevant, a freedom of information request for the earlier file, so the couple does not need to find old documents themselves.
• Advising, within the review period, whether Tribunal review, a fresh application or both is the right course, and what each would mean for the applicant's bridging visa.
• Confirming whether a new application can be validly made, including the effect of section 48, any condition 8503 and the Schedule 3 criteria, and whether an offshore Subclass 309 application is the better route.
• Rebuilding the relationship evidence across the four aspects, with the couple's own relationship statement and Form 888 supporting statements reviewed against the earlier application for consistency.
• Addressing PIC 4020, character, health, identity and sponsorship issues directly, including preparing a waiver case where the law allows one.
• Lodging the new application only when it is complete, and managing section 56 requests, natural justice letters and Form 1022 notifications through to a decision.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about the onshore application is on our Subclass 820 visa page, and more about the firm is on our about page.

If your partner visa has been refused and you want to know whether to seek review or reapply for partner visa after refusal, and what to fix first, book a consultation online or call 1300 040 300.