Can I Get a Partner Visa After My Previous Partner Visa Was Refused?

Can we apply again after our partner visa was refused?

A couple can apply again after their partner visa was refused, and nothing in the law prevents a second partner application with the same sponsor. The second application must be better than the first. If the refusal reasons are not answered directly, the Department will usually reach the same view. Our article on reapplying for a partner visa after refusal explains how a second application should be prepared.

Is review or a new application better after a partner visa refusal?

Review is usually the better step after a partner visa refusal where the review deadline has not passed and the applicant is in Australia, because the Tribunal can consider new evidence without a new charge and the bridging visa generally continues. A new application may suit couples whose circumstances have changed or who are offshore. Our article on appeal versus reapplication compares both paths.

Why was my first partner visa refused?

A first partner visa is most often refused because the Department was not satisfied the relationship was genuine and continuing, because a de facto couple did not meet the 12-month requirement, because of a lodgement problem such as Schedule 3, or because of health, character or integrity concerns. The refusal letter states the criterion that was not met and the evidence relied on. Our article on partner visa refusal reasons explains each reason.

What changes in a second partner visa application?

A second partner visa application changes by answering every finding in the first refusal, adding evidence created since then and correcting any gap the case officer identified. The relationship statement and Form 888 statements should be prepared again, not copied. They must still match the facts given the first time. Our article on partner visa relationship evidence explains what strong evidence looks like.

What extra hurdles apply to a second partner application in Australia?

A second partner application made in Australia often faces extra hurdles, because after a refusal the applicant usually holds only a bridging visa. Schedule 3 then generally applies, and section 48 limits the visas available, although partner visas generally remain open. Our page on Schedule 3 waivers explains how compelling reasons are presented.

Does a refused partner visa affect the sponsor?

A refused partner visa can affect the sponsor, because the sponsor's statements in the first application will be compared with the second, and the sponsorship limits must be checked again for the new application. Where the sponsor has sponsored anyone before, the dates under regulation 1.20J should be confirmed from records rather than memory. Our page on partner visa sponsorship limitations explains the limits.

How does My Migration Lawyers rebuild a case after a partner visa refusal?

My Migration Lawyers rebuilds a case after a partner visa refusal by obtaining the full Department file, setting each refusal finding against the evidence that answers it and deciding whether the Tribunal or a fresh application is the safer forum. The firm then prepares new statements and evidence so the couple's account is complete and consistent with what was said before. Couples can read how the firm handles partner visa refusals.