What Extra Lodgement Requirements Apply After a Previous Refusal?

Does section 48 apply to my new partner visa application?

Section 48 applies to a new partner visa application where the applicant is in Australia, does not hold a substantive visa and has had a visa refused or cancelled since last entering Australia. Section 48 limits the visas that can be applied for, but partner visas generally remain available to applicants affected by it if they meet the additional requirements. Our article on the section 48 bar explains how it works.

Will Schedule 3 apply to my new onshore application?

Schedule 3 will apply to a new Subclass 820 application where the applicant does not hold a substantive visa when applying, which is common after a refusal. The applicant must then meet the Schedule 3 criteria or show compelling reasons for a waiver. Our page on Schedule 3 waivers and our article on the Schedule 3 criteria explain what is required.

What if my current visa has condition 8503?

A current visa with condition 8503 No Further Stay prevents the grant of a partner visa in Australia unless the condition is waived, so the waiver should be obtained before any onshore application is lodged. A waiver requires compelling and compassionate circumstances that developed after the visa was granted, beyond the holder's control, causing a major change in circumstances. A new relationship alone often does not meet that test. Our article on the 8503 waiver explains the request.

Do I need to disclose a previous refusal?

A previous refusal must be disclosed in the new partner visa application, in Australia or overseas. The application forms ask about earlier refusals and cancellations, and the Department already holds the records. Failing to disclose a refusal can lead to a finding of false or misleading information. Our article on PIC 4020 explains the consequences of incorrect information.

Does a character refusal affect a new partner visa application?

A character refusal under section 501 can seriously affect a new partner visa application. Section 501E generally prevents a person whose visa was refused on character grounds while in Australia from applying for most other visas while still in Australia. A new application must also deal with the character issue directly. Where the person is outside Australia, an offshore application may be possible, but the character concern will still be assessed and must be answered with evidence such as court records, rehabilitation material and references. Our article on the partner visa section 501 explains how character is assessed, and why early advice matters before any new application is lodged.

How does My Migration Lawyers check lodgement requirements after a refusal?

My Migration Lawyers checks lodgement requirements after a refusal by obtaining the client's visa history from the Department's records, identifying every refusal, cancellation and visa condition, and testing a new application against section 48, Schedule 3, condition 8503, section 501E and PIC 4020 before any charge is paid. Where an onshore application is blocked, the firm advises on the offshore path. Couples can speak with our partner visa lawyers before they lodge.