Can a Lawyer Help With a Partner Visa After My Visa Was Cancelled?

Why does the type of cancellation matter for a partner visa?

The type of cancellation matters for a partner visa because each cancellation power has different consequences for later applications. A cancellation for breach of a visa condition, for example under section 116, triggers section 48, which still generally allows a Subclass 820 application. A cancellation under section 501 on character grounds engages section 501E, which generally bars an onshore partner visa application altogether. Our article on the partner visa after visa cancellation explains the difference.

Should I seek review of the cancellation first?

Seeking review of the cancellation is often the first question, because a successful review restores the cancelled visa and can remove the section 48 and Schedule 3 problems entirely. Review time limits for cancellation decisions are short and strictly applied, so the cancellation notice should be read at once. Our article on partner visa cancellation review and our page on visa refusals and cancellations explain how review works.

Can I lodge a Subclass 820 after an ordinary cancellation?

A person whose visa was cancelled other than on character grounds can generally lodge a Subclass 820 application in Australia, because partner visas remain available to applicants affected by section 48 if the additional requirements are met. As the person no longer holds a substantive visa, Schedule 3 criteria will generally apply unless a waiver is granted for compelling reasons. Our page on Schedule 3 waivers explains what that submission involves. Timing also matters, because the person may need a bridging visa to remain lawful while the application is decided, and that depends on the application being valid when it is lodged.

What are the options after a character cancellation?

After a character cancellation under section 501, the main options are review or revocation of the cancellation, depending on how the decision was made. While the cancellation stands, section 501E generally prevents an onshore partner visa application, and the person will also face the character test in any later application. Our article on the partner visa and section 501 explains how character decisions are made.

Will the earlier cancellation affect my partner visa assessment?

An earlier cancellation will be considered in a later partner visa assessment, because the Department reviews the applicant's immigration history and the reasons for the cancellation. The applicant must disclose the cancellation in the new application, and the explanation given should be consistent with the cancellation record. An account that differs from what the applicant told the Department at the time of the cancellation can raise credibility concerns and, in some cases, PIC 4020 questions about false or misleading information. Our article on partner visa character requirements explains how past conduct is weighed.

How does My Migration Lawyers act after a cancellation?

My Migration Lawyers reads the cancellation decision to identify the power used, checks whether a review deadline is still open, and advises on whether to seek review, lodge a Subclass 820 or do both in the right order. Where a partner visa can be lodged, the firm prepares the relationship evidence and the Schedule 3 submission together. Couples should send the cancellation notice to our partner visa lawyers as soon as it is received.