What Happens to My Partner Visa Application If My Current Visa Is Cancelled?

Does a visa cancellation end my partner visa application?

A visa cancellation does not, in most cases, end a partner visa application that was validly lodged before the cancellation. The Department continues to assess the Subclass 820 or Subclass 309 against its own criteria, including the relationship, health and character. The facts that led to the cancellation, however, may now form part of that assessment. Our article on partner visa after visa cancellation explains how the two processes interact.

Will I still be lawful in Australia after my visa is cancelled?

Whether an applicant remains lawful in Australia after a cancellation depends on the visa that was cancelled, the power used, and whether a bridging visa connected to the partner visa application is affected. Some applicants keep a lawful bridging visa, while others become unlawful and need to apply for a new bridging visa, such as a Bridging Visa E, to remain lawful while the partner visa is processed. This should be checked on the day the cancellation notice arrives. Our guide to bridging visas in Australia and our article on a partner visa on a Bridging Visa E explain the options.

Does the reason for the cancellation affect my partner visa?

The reason for the cancellation affects a partner visa because the Department can take the same facts into account when it decides the partner visa. A cancellation for breach of a work or study condition raises different issues from a cancellation for false information, which may engage PIC 4020, or a cancellation on character grounds under section 501. A character cancellation is the most serious and can affect other visas and pending applications. Our article on the partner visa and section 501 covers that situation.

Should I seek review of the cancellation itself?

An applicant should consider seeking review of the cancellation itself when review is available, because a cancellation left in place can affect lawful status, future applications and the partner visa assessment. Many cancellation decisions made in Australia can be reviewed by the Administrative Review Tribunal, and the time limits are short and strictly applied. Our articles on the partner visa cancellation notice and partner visa cancellation review explain the steps.

Do I need to tell the Department handling my partner visa about the cancellation?

An applicant should make sure the officer handling the partner visa knows about the cancellation, because section 104 of the Migration Act requires applicants to notify changes that make an answer in the application incorrect. Telling the Department early, with an explanation and evidence, is usually better than leaving the case officer to find the cancellation alone.

How does My Migration Lawyers handle a cancellation during a partner visa?

My Migration Lawyers treats a cancellation during a pending partner visa as two linked matters that must be managed together. The firm first confirms the client's lawful status and any bridging visa needed, then assesses whether the cancellation should be challenged at the Tribunal, and finally prepares the partner visa file so the Department sees a full explanation of the cancellation alongside the relationship evidence. Clients with a pending Subclass 820 visa can speak with our partner visa lawyers about both decisions at once.