Can a Lawyer Help With a Partner Visa After a Previous Visa Refusal?

What does a lawyer check first after a previous refusal?

A lawyer first checks the applicant's current visa status, the visa that was refused, any conditions on past visas and whether a review of the refusal is still running. These facts decide whether a Subclass 820 can be lodged in Australia and which extra criteria apply. Our article on extra steps for a partner visa after a refusal explains the common situations.

Why does a lawyer request the Department file?

A lawyer requests the Department file because it shows exactly what the applicant said in the earlier application and what the case officer found. The partner visa must be consistent with those statements, and applicants rarely remember every answer they gave years earlier. Our article on the partner visa FOI request explains what the file contains.

How does a lawyer deal with Schedule 3 or condition 8503?

A lawyer deals with Schedule 3 or condition 8503 by assessing whether genuine compelling reasons exist and then preparing a submission supported by evidence. For condition 8503, a waiver must be granted before the partner visa is lodged, and the test looks at circumstances that developed after the visa was granted. Our page on Schedule 3 waivers and our article on the 8503 waiver explain each test.

Can a lawyer explain the old refusal to the Department?

A lawyer can explain the old refusal to the Department in a submission, setting out why the earlier visa was sought, why it was refused and why the partner relationship is genuine and separate from that history. A clear explanation can reduce the risk that a case officer reads the partner visa as a last attempt to stay in Australia. Our article on complex partner visa applications explains how such cases are presented.

What if the earlier refusal involved false information?

Where the earlier refusal involved false information, a lawyer assesses whether PIC 4020 may apply to the partner visa and whether an exclusion period is running. The lawyer also checks whether the issue was caused by a previous representative and how to address it honestly. Our article on partner visa false information refusal explains the risk.

Should we apply onshore or offshore after a refusal?

Whether to apply onshore or offshore after a refusal depends on the applicant's visa status, the strength of any Schedule 3 case and the risks of leaving Australia. Offshore lodgement avoids section 48 and Schedule 3, but the applicant must leave lawfully and wait outside Australia for the decision. This choice should be made with advice before any travel.

What does My Migration Lawyers do when a previous refusal is on the record?

My Migration Lawyers takes a previous refusal on the record as the starting point of the partner visa, not a footnote. The firm reads the earlier decision and file, confirms which lodgement rules now apply, prepares any waiver or Schedule 3 submission and drafts the relationship evidence to match the history. The firm works on fixed fees agreed before work starts, and couples can speak with our partner visa lawyers or read about visa refusals.