Can a Lawyer Help With an Invalid Partner Visa Application?

Why are partner visa applications found invalid?

Partner visa applications are found invalid when they do not meet a Schedule 1 requirement for the subclass. Common causes are lodging the onshore application while outside Australia or the offshore application while inside Australia, a failed or reversed payment, using an unauthorised paper form, and an applicant being barred from making the application, for example by section 501E. Our article on partner visa offshore lodgement explains the location rules.

Can an invalid partner visa application be fixed?

An invalid partner visa application cannot usually be fixed, because validity is tested at the moment the application is made and the law treats an invalid application as never made. The answer is almost always a new, valid application. Where the Department's finding of invalidity appears wrong, the reasons should be examined carefully and raised with the Department, because a valid application wrongly treated as invalid is a different problem. Our article on the partner visa online application explains how a valid application is made.

What happens to my visa status after an invalid application?

After an invalid application, the applicant's visa status depends on what visa they held before and whether it has since ended. An invalid application gives no bridging visa, so an applicant whose substantive visa expired while they believed the application was pending may now be unlawful. That changes the criteria for the new application, including Schedule 3. Our article on partner visas without a substantive visa explains what changes for an applicant who is now unlawful.

Can I get my application charge back?

An applicant may be able to obtain a refund of the application charge where the application was not validly made, but refunds depend on the circumstances and the regulations, and the request is made separately to the Department. A refund should be pursued alongside the new application, not instead of it. Our article on the partner visa cost explains the charges involved.

Can the Administrative Review Tribunal review an invalid application?

The Administrative Review Tribunal cannot review an invalid application in the way it reviews a refusal, because there has been no decision to refuse a visa. The usual path is a new, valid application. Our page on partner visa refusals explains the review options that apply when a valid application is refused, which differ from the steps after invalidity. Where the applicant is in Australia and their status is uncertain, the new application should be lodged only after that status is confirmed, so that the right criteria are addressed from the start and the applicant is not exposed to detention while the position is worked out.

How does My Migration Lawyers help after an invalid application?

My Migration Lawyers reads the invalidity notice against the Schedule 1 item for the subclass, confirms the exact reason, and maps the applicant's visa status from the original lodgement date to today. The firm then prepares a new valid application from the correct location, with the charge paid and any Schedule 3 submission needed because of the gap, and pursues any available refund. Applicants can send the invalidity notice to our partner visa lawyers, or read about the firm's Subclass 820 visa work.