What If I Got a Bridging Visa Before My Application Was Found Invalid?

Why does an invalid partner visa application affect my bridging visa?

An invalid partner visa application affects the bridging visa because the bridging visa application is made on the same form and depends on a valid substantive application. When the Department later finds that the partner visa application was never validly made, the foundation for the bridging visa falls away. The applicant may then be told that they do not hold a lawful visa, even though a grant notice was issued earlier. Our guide to bridging visas in Australia explains how each bridging visa is linked to its substantive application.

Am I unlawful if my bridging visa had no proper basis?

An applicant whose bridging visa had no proper basis may be unlawful, depending on whether they held any other visa at the time and on the Department's position in the invalidity notice. This is the most urgent issue to resolve, because an unlawful non-citizen can be detained and has fewer options. A person who is unlawful may be able to apply for a Bridging Visa E to restore lawful status while a fresh application is prepared. Our article on a partner visa on a Bridging Visa E explains the conditions that usually apply.

Can I lodge a new partner visa application after an invalidity finding?

An applicant can generally lodge a new partner visa application after an invalidity finding, provided the new application is valid and the applicant meets the requirements at the time of lodgement. Because an invalid application is not a refusal, the section 48 bar does not arise from the invalidity alone. The new application must be correctly lodged, and the charge must be paid in full. Our article on reapplying for a partner visa covers the practical steps for a fresh lodgement.

Will Schedule 3 apply to my new partner visa application?

Schedule 3 will usually apply to a new Subclass 820 application if the applicant does not hold a substantive visa when the new application is lodged. The applicant must then meet the Schedule 3 criteria or show compelling reasons for them to be waived. Under departmental policy, a genuine relationship and the hardship of separation are generally not compelling reasons on their own. Our article on partner visa Schedule 3 criteria and our Schedule 3 waiver page explain what the waiver requires.

Can I challenge the finding that my application was invalid?

An applicant can sometimes challenge a finding that an application was invalid, for example where the Department misread the form, the payment record or the applicant's location. An invalidity finding is not a refusal, so it is not reviewed by the Administrative Review Tribunal in the usual way. A prompt written request to the Department, supported by evidence, is often the first step.

How does My Migration Lawyers act when an invalidity finding removes a bridging visa?

My Migration Lawyers acts on two fronts when an invalidity finding removes a bridging visa. The firm first confirms the client's lawful status and, where needed, applies for a bridging visa so that the client is protected. It then reviews why the original application was invalid, decides whether the finding can be challenged, and prepares a fresh application with any Schedule 3 submission required. Clients facing this problem can obtain urgent immigration lawyer advice through our partner visa lawyers.