Can I Fix an Invalid Partner Visa Application or Must I Lodge Again?

Why can an invalid partner visa application not simply be corrected?

An invalid partner visa application cannot simply be corrected because an application that fails a Schedule 1 requirement is treated as never having been made. There is nothing for the Department to amend, so uploading further documents or paying later does not turn it into a valid application once invalidity has been found. Our article on the partner visa online application explains the lodgement steps where these errors most often occur.

Will the Department let me fix a problem before finding the application invalid?

The Department may let an applicant fix a problem before finding the application invalid where the defect can be corrected quickly and easily, and departmental policy gives an unpaid or underpaid charge as an example. Where the problem cannot be quickly corrected, such as an offshore application made while the applicant was in Australia, the Department will generally find the application invalid. Any request from the Department about validity should be answered within the time it gives. Our article on the partner visa cost explains the charges that must be paid at lodgement.

What must I check before lodging again?

Before lodging again, the applicant must check that they meet the validity requirements and the criteria for the subclass on the day of the new lodgement. The applicant's location decides whether the Subclass 820 or the Subclass 309 is available, and a substantive visa that has ended since the first attempt may mean Schedule 3 now applies. A condition 8503 No Further Stay on a current visa must also be dealt with first. Our articles on the partner visa without a substantive visa and the condition 8503 waiver explain these issues.

Does lodging again mean paying the charge again?

Lodging again means paying the full application charge again, because the new application is separate from the invalid one. Whether any amount paid for the invalid application can be refunded depends on the refund provisions in the Migration Regulations and the reason the first application failed. The refund question should be handled separately so that it does not delay the new lodgement. A partner visa application review before relodging can also catch any other defect.

Can I reuse the evidence from my invalid application?

The evidence prepared for an invalid application can usually be reused in the new application, but it must be uploaded again and brought up to date. The relationship evidence should run up to the new lodgement date, and Form 888 statements and the relationship statement should be checked so that dates and details remain accurate. Our partner visa document checklist is a useful starting point for the second application.

How does My Migration Lawyers help couples lodge again after an invalid application?

My Migration Lawyers identifies exactly why the first application failed, confirms which subclass the applicant can validly apply for now, and checks the applicant's present visa status before anything is lodged. The firm then prepares the new application so that every Schedule 1 requirement is met on the day of lodgement and the earlier mistake cannot happen again. Couples can talk to our partner visa lawyers about relodging.