Can I Lodge a Partner Visa While Another Visa Application Is Pending?

Can I hold two visa applications at the same time?

A person can hold two visa applications at the same time, for example a pending skilled, student or protection application and a new partner visa application. Each application is assessed on its own criteria and each needs its own charge. The Department can see every application the person has made, so the two must tell a consistent story about the person's circumstances. An earlier application that described the person as single, or gave a different address or work history, can lead to questions under PIC 4020 when the partner visa is assessed. The earlier form should therefore be checked before the partner visa is written. Our guide to how to apply for a partner visa explains the basic process.

Why does a bridging visa matter when lodging a second application?

A bridging visa matters when lodging a second application because a bridging visa is not a substantive visa. An onshore Subclass 820 applicant who holds only a bridging visa from the earlier application must generally meet Schedule 3 criteria, unless an exception applies. Schedule 3 is waived only for compelling reasons, and a genuine relationship and the hardship of separation are generally not compelling reasons on their own under departmental policy. Our article on applying for a partner visa on a bridging visa and our page on Schedule 3 waivers explain the test.

Should I lodge the partner visa before my substantive visa expires?

An applicant should usually lodge the partner visa before the current substantive visa expires, because lodging while a substantive visa is still held generally avoids Schedule 3 altogether. An applicant whose substantive visa is about to end, while another application is still pending, should get advice quickly rather than waiting for the first application to be decided. Our article on Schedule 3 criteria explains the timing rules.

What if my other application is a protection visa?

An applicant with a pending protection visa can generally lodge a partner visa as well, but the protection application, and any statements made in it, will be read alongside the partner application. Claims about relationships, family members and travel must be consistent across both. Our article on a partner visa after a protection visa refusal explains how the two interact once a decision is made.

What if my earlier application is refused while the partner visa is pending?

An earlier application being refused while a partner visa is pending does not cancel the partner visa application, which continues to be processed. A refusal may affect the applicant's bridging visa and lawful status, and the refusal decision may have its own review deadline. Partner visas generally remain available to applicants affected by the section 48 bar, as explained in our article on the partner visa section 48 bar.

How does My Migration Lawyers handle a partner visa with another application pending?

My Migration Lawyers handles a partner visa with another application pending by reading the earlier application first, so that the partner visa is consistent with every statement already given to the Department. The firm then works out which visa the applicant holds on the lodgement date, whether Schedule 3 applies and which bridging visa will govern work and travel. Applicants can speak with our partner visa lawyers before lodging a second application.