My 801 Was Refused. What Happens to My 820 and My Right to Stay?

Do I still hold my Subclass 820 after my Subclass 801 is refused?

A Subclass 820 holder generally still holds the Subclass 820 after the Subclass 801 is refused, because the temporary visa continues until the permanent application is finally determined. An application is finally determined when the time to seek review passes without a valid review application, or when the review is decided. During that period the holder keeps the work and travel rights the Subclass 820 gives. Our article on the Subclass 820 versus 801 explains how the two stages are linked.

Why are Subclass 801 applications refused?

Subclass 801 applications are usually refused because the Department is not satisfied the relationship continued to be genuine and continuing up to the decision, or because the couple has separated and no exception applies. Refusals can also follow character concerns, PIC 4020 findings or failure to answer a request for information. Our article on the second-stage refusal explains the common reasons.

Can I seek review of a Subclass 801 refusal?

A Subclass 801 refusal can generally be reviewed by the Administrative Review Tribunal, and the review keeps the Subclass 820 in effect while it is pending. The review application must be lodged within the time limit in the refusal letter, which is short and strictly applied. The Tribunal decides the case again and can consider new evidence about the relationship. Our article on appeal options after a refusal explains the steps.

What if our relationship ended before the Subclass 801 decision?

A relationship that ended before the Subclass 801 decision does not always end the case. The regulations allow the permanent visa to be granted in limited circumstances after the relationship ends, including where the applicant or a family member suffered family violence by the sponsor, where the sponsor died, or where there is a child of the relationship and the applicant has custody or other parental responsibilities. Our page on partner visa family violence explains that pathway.

What happens to my right to stay if the refusal becomes final?

If the Subclass 801 refusal becomes final, the Subclass 820 ends and the person has no right to remain unless they hold or obtain another visa. A person in that position may be affected by section 48, which limits the visas that can be applied for in Australia after a refusal. Our article on the section 48 bar explains those limits. Planning before the review is decided avoids becoming unlawful without warning.

How does My Migration Lawyers act on a Subclass 801 refusal?

My Migration Lawyers acts on a Subclass 801 refusal by first confirming the review deadline and the effect on the client's Subclass 820, then testing whether the refusal can be answered with evidence about the relationship or with one of the exceptions after a relationship ends. The firm lodges the review, prepares the case for hearing and plans the client's next step if the review does not succeed. Clients can read more about the firm's work on partner visa refusals and the Subclass 820 visa.