Can Lodging a Partner Visa on Paper Make It Invalid?

Why does lodging a partner visa on paper matter?

Lodging a partner visa on paper matters because the method of lodgement is a validity requirement, not a matter of preference. Section 46 of the Migration Act says an application is valid only if it meets the requirements set out in Schedule 1 to the Migration Regulations, and for partner visas those requirements include the form and the manner of making the application. If the application is not valid, the Department has no application to decide. Our guide to the partner visa online application through ImmiAccount explains how a valid online application is made.

When can a paper partner visa application be valid?

A paper partner visa application can be valid only where the Department has authorised the use of the paper Form 47SP in writing. Departmental policy says the application must then follow the Department's written directions and be made by the date it specifies. These situations are uncommon. Downloading an old paper form from the internet and posting it to an office is not an authorised method, however carefully the form is completed.

What happens if my paper partner visa application is invalid?

If a paper partner visa application is invalid, the law treats it as if no application was made. No bridging visa arises from it, the Department does not assess the relationship, and there is no refusal decision that the Administrative Review Tribunal can review. The most serious risk is to people in Australia whose visa expires while they believe a paper application is pending, because they may become unlawful without knowing it. Our article on partner visas without a substantive visa explains the extra criteria that then apply.

Can an invalid paper application be fixed?

An invalid paper application cannot be fixed by sending more documents or a covering letter. The usual answer is a new, valid online application, prepared after checking whether the applicant's circumstances have changed since the first attempt. A person who held a substantive visa then but is now unlawful may face Schedule 3 criteria on the new application. Whether any charge paid with the paper application can be refunded depends on the circumstances and is a separate question.

How can I check that my partner visa was lodged correctly?

A partner visa was lodged correctly when it appears in ImmiAccount as a lodged application, the charge has been paid in full, and the Department has issued an acknowledgement. An acknowledgement alone does not prove validity, so the application should also be checked against the Schedule 1 requirements for the subclass applied for, including where the applicant was when it was lodged. Our partner visa application review article explains what a full check covers.

How does My Migration Lawyers help after a paper lodgement problem?

My Migration Lawyers starts by establishing exactly what was sent, when, and what visa the applicant held at each point, because those facts decide whether the person is now lawful and which criteria a new application must meet. The firm then prepares a valid online application through ImmiAccount, addresses any Schedule 3 or bridging visa issues that arose while the paper application was assumed to be pending, and explains the position to both partners in writing. Couples can speak with our partner visa lawyers or read about the firm's work on the Subclass 820 visa.