Can I Get a Partner Visa After a Protection Visa Refusal?

Does a protection visa refusal block a partner visa?

A protection visa refusal does not block a partner visa. Section 48A stops a person whose protection visa was refused from making another protection visa application without the Minister's intervention, but it does not apply to partner visas. The partner visa is assessed on its own criteria. Our article on a partner visa after a protection visa refusal explains the common pathway.

Why does Schedule 3 matter after a protection visa refusal?

Schedule 3 matters after a protection visa refusal because most former protection applicants hold a Bridging visa E or another bridging visa rather than a substantive visa. A Subclass 820 lodged without a substantive visa must generally meet Schedule 3, which is waived only for compelling reasons. A genuine relationship and the hardship of separation are generally not compelling reasons on their own. Our article on partner visa Schedule 3 refusal explains how refusals arise.

Will the Department compare my protection claims with my partner visa?

The Department will compare protection claims with the partner visa, because both applications contain statements about identity, family, marital status and travel. A protection applicant who said they were single, or who claimed to fear return to their country, may need to explain later travel or a relationship that began earlier than previously stated. Our article on partner visa conflicting statements explains how inconsistencies are handled.

Can I apply for the partner visa while my protection review is still pending?

A partner visa can usually be applied for while a protection review is still pending at the Tribunal, although the timing affects the bridging visa in effect and whether Schedule 3 applies. Some applicants lodge the partner visa early, while others wait for the review outcome. Our article on bridging visas in Australia explains how bridging visas interact.

Is an offshore Subclass 309 an option after a protection refusal?

An offshore Subclass 309 can be an option after a protection refusal for some couples, because Schedule 3 does not apply offshore. Leaving Australia can carry serious risks, including exclusion periods for people who leave unlawfully or are removed, and a person who sought protection may face real danger in their country. Our page on the Subclass 309 visa explains the offshore requirements.

What if I owe the Commonwealth money from detention or removal?

An applicant who owes the Commonwealth money from detention or removal must generally repay the debt or make an approved arrangement before a partner visa can be granted, under PIC 4004. The debt should be identified early so that it does not delay the grant. Our article on partner visa immigration debt explains how this criterion works.

How does My Migration Lawyers approach a partner visa after a protection refusal?

My Migration Lawyers approaches a partner visa after a protection refusal by reading the protection file alongside the couple's relationship history, so that dates, family details and travel are explained before the case officer finds a difference. The firm assesses whether a Schedule 3 case exists, plans the timing around any pending review and prepares the submission and evidence together. Applicants can speak with our partner visa lawyers.