Can I Get a Partner Visa After Being Deported?

Is being deported the same as being removed from Australia?

Being deported is not the same as being removed from Australia, although many people use the two words interchangeably. Removal under section 198 is what happens to an unlawful non-citizen who must leave, while deportation under section 200 follows a deportation order, which is usually connected to criminal conduct. The difference decides which special return criterion applies to a later partner visa, so the departure records should be checked before anything else is done. A freedom of information request can confirm how the Department recorded the departure.

How does a removal affect a partner visa?

A removal affects a partner visa through special return criterion 5002, which prevents grant of a Subclass 309 within 12 months of the removal unless the Department is satisfied that compelling circumstances affecting Australia, or compassionate or compelling circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen, justify the grant. The Australian sponsor's own circumstances are therefore central to any waiver. Our article on the offshore partner visa explains how the Subclass 309 is lodged.

What about the cost of my removal?

The cost of a removal is usually a debt to the Commonwealth, and PIC 4004 prevents grant of a partner visa while the debt is outstanding unless appropriate arrangements for payment have been made. Departmental policy generally expects the debt to be paid in full before grant, although an approved instalment arrangement can satisfy the criterion. Our article on partner visa immigration debt explains how these debts arise and how they are repaid.

Can I get a partner visa after a deportation order?

A partner visa after a deportation order is very difficult because special return criterion 5001 applies to a person deported under section 200, and departmental policy confirms that this criterion cannot be waived. A similar bar applies where a visa was cancelled under section 501 and the cancellation has not been revoked. Before any partner visa is lodged, the exact legal basis of the departure must be confirmed from the records. Our article on the partner visa and section 501 explains the character provisions.

Will my immigration history be assessed in other ways?

An applicant's immigration history will also be assessed under the character requirement and PIC 4020, so any earlier overstay, removal and information given at the time must be disclosed accurately. The Department holds its own records and compares them with the new application. A complete and honest account is far safer than one that leaves out an earlier removal. Our article on partner visa character requirements explains the wider test.

How does My Migration Lawyers act for sponsors after a removal or deportation?

My Migration Lawyers works with the Australian sponsor to obtain the departure records, identify which special return criterion applies and confirm whether any removal debt is outstanding. Where the 12-month exclusion period is still running, the firm prepares a waiver submission built around the sponsor's circumstances and lodges the Subclass 309 application online. The firm's page on the Subclass 309 visa explains the offshore pathway, and sponsors can speak with our partner visa lawyers about timing.