Can a Failed Payment Make My Partner Visa Application Invalid?

Why can a failed payment make a partner visa application invalid?

A failed payment can make a partner visa application invalid because Schedule 1 to the Migration Regulations makes payment of the first instalment of the charge part of what a valid application requires. If the money does not reach the Department, the application does not meet Schedule 1 and section 46 of the Migration Act treats it as not validly made. Our article on the partner visa cost explains the charges that apply.

What kinds of payment problems cause trouble?

The payment problems that cause trouble are a card declined at lodgement, a payment later reversed or charged back, a payment from an account with insufficient funds, and an application left saved but unpaid in ImmiAccount. A saved application that has not been paid has not been lodged at all. A payment reversed by the bank after lodgement is especially dangerous because the applicant may believe for weeks that the application is pending. Our guide to the partner visa online application shows how lodgement and payment are completed.

What happens to my bridging visa if the payment failed?

If the payment failed and the application is invalid, no bridging visa arises from it. An applicant who was relying on that application to stay lawful in Australia may have become unlawful when their previous visa expired, sometimes without realising. Any new Subclass 820 application must then meet the criteria for applicants without a substantive visa, including Schedule 3 unless a waiver is granted. Our article on bridging visas in Australia explains how bridging visas arise from a valid application.

How do I check that my partner visa payment went through?

A partner visa payment went through when ImmiAccount shows the application as submitted with the payment recorded, a receipt has been issued, and the bank statement shows the charge as completed rather than pending. Applicants should also check that the Department has issued an acknowledgement and a bridging visa grant where one applies. If anything is unclear, the safest step is to check the position at once rather than wait for the Department to raise it.

Can a payment problem be fixed after lodgement?

A payment problem cannot usually be fixed by paying later, because validity is tested when the application is made. Where the original payment failed, the usual answer is a new, valid application with the charge paid in full. Timing then matters greatly, because the applicant's visa status may have changed in the meantime. Our page on the Subclass 820 visa explains the onshore requirements a new application must meet.

How does My Migration Lawyers deal with a failed payment problem?

My Migration Lawyers reconstructs the payment and lodgement history from ImmiAccount and bank records, establishes whether a valid application was ever made, and works out the applicant's present visa status from that point. The firm then prepares a valid application and any Schedule 3 submission needed because of the gap. Couples affected by a payment failure can contact our partner visa lawyers promptly.