Can I Apply for a Partner Visa After a Visa Refusal?

Does a previous visa refusal stop me applying for a partner visa?

A previous visa refusal does not by itself stop a person applying for a partner visa. The partner visa is assessed on its own criteria, and the refusal of a student, visitor or skilled visa is not a reason to refuse a genuine partner application. What matters is how the refusal affects where and how the applicant can lodge. Our article on a partner visa after a visa refusal explains the common situations.

How does section 48 affect a partner visa after a refusal?

Section 48 affects a partner visa after a refusal by limiting which visas a person can apply for in Australia once a visa was refused and they do not hold a substantive visa. Partner visas are generally among the visas that remain available, provided the additional requirements are met. Our article on the section 48 bar explains how the bar works and which visas it leaves open.

Will Schedule 3 apply if I am on a bridging visa after the refusal?

Schedule 3 will generally apply to a Subclass 820 applicant who is on a bridging visa or has no visa at all when lodging, because the applicant does not hold a substantive visa. Schedule 3 is waived only for compelling reasons, and departmental policy treats a genuine relationship and the hardship of separation as generally not enough on their own. Our page on Schedule 3 waivers explains how a waiver case is built.

What if my refused visa had condition 8503?

If the refused visa or the visa held before it carries condition 8503, the holder generally cannot lodge a partner visa in Australia until the condition is waived. A waiver requires compelling and compassionate circumstances that developed after that visa was granted, beyond the holder's control, and causing a major change in circumstances. A new relationship alone often does not meet this test. Our article on the partner visa condition 8503 waiver explains the request.

Do I need to disclose the earlier refusal in my partner visa application?

An applicant needs to disclose an earlier refusal in a partner visa application, because the application asks about previous refusals and the Department already holds its own records. Leaving it out can lead to refusal for false or misleading information. Our article on PIC 4020 explains the integrity requirement and why consistency with earlier applications matters.

Is an offshore Subclass 309 easier after a refusal in Australia?

An offshore Subclass 309 can be a safer path after a refusal in Australia for some couples, because section 48 and Schedule 3 do not apply to an application made outside Australia. The applicant must leave Australia lawfully, and leaving can create other problems, so this choice should be assessed first. Our page on the Subclass 309 visa explains the offshore requirements.

How does My Migration Lawyers plan a partner visa after another visa was refused?

My Migration Lawyers plans a partner visa after another visa was refused by working out the applicant's exact visa status, any conditions on past visas and whether review of the earlier refusal is still running. The firm then decides whether an onshore or offshore application is safer and prepares any Schedule 3 or waiver submission together with the relationship evidence. Couples can speak with our partner visa lawyers before lodging.