My Partner Visa Application Was Declared Invalid. Who Can Help Me Re-Lodge?

Who can help me re-lodge an invalid partner visa application?

A lawyer with a migration practice, or a registered migration agent, can help re-lodge an invalid partner visa application. A lawyer holds a practising certificate and answers to the legal profession bodies, and a registered migration agent answers to the Office of the Migration Agents Registration Authority. Both can lodge visa applications. Whoever acts should diagnose the invalidity from the Department's notice and the lodged form itself, not from the couple's memory of what was intended, because small details such as the lodgement time often decide the issue. Our article on choosing a migration agent or lawyer for a partner visa explains the factual differences.

What must be worked out before re-lodging?

Before re-lodging, the cause of the invalidity must be worked out precisely, because a new application lodged on the same facts will fail in the same way. The most common causes are the applicant's location at lodgement, a condition such as 8503 No Further Stay, the form used and an unpaid charge. The applicant's current visa status must also be confirmed, since the invalid application never supported a bridging visa. Our article on a partner visa application review explains how this check is done.

Does re-lodging change the criteria I must meet?

Re-lodging can change the criteria an applicant must meet, because the criteria are assessed against the new lodgement date. An applicant who held a substantive visa at the first lodgement but not at the second will face Schedule 3. A de facto couple may now meet the 12-month requirement more easily. Our articles on a partner visa without a substantive visa and on the Schedule 3 waiver submission explain the Schedule 3 position.

Can I reuse the documents from the invalid application?

The documents from the invalid application can be reused, but they must be uploaded again to the new application and brought up to date. Relationship evidence should run to the new lodgement date, and identity, police and health documents should be checked for currency. Our partner visa document checklist is a useful guide to what a complete new application contains.

Is it too late to bring in a lawyer after an invalidity notice?

It is not too late to bring in a lawyer after an invalidity notice. The notice is often the point where advice matters most, because the applicant's lawful status, the choice between onshore and offshore pathways and the timing of the new lodgement all need to be decided quickly. Our article on hiring an immigration lawyer after lodgement explains how a lawyer takes over at this stage.

How does My Migration Lawyers re-lodge a partner visa after invalidity?

My Migration Lawyers re-lodges a partner visa after invalidity by reading the invalidity notice against the Schedule 1 item, confirming the applicant's status that day, and choosing the class and lodgement moment that will satisfy every validity requirement. The firm then rebuilds the application with current evidence, adds Schedule 3 submissions where needed, and prepares any refund request for the earlier charge. Applicants who need to re-lodge can read about our partner visa lawyers and mention the invalidity notice when they request a consultation.