Can I Get a Partner Visa If I Have Been Asked to Leave Australia?

What does being asked to leave Australia usually mean?

Being asked to leave Australia usually means the Department has told the person that they have no visa allowing them to stay, or that their bridging visa was granted only so that they can make arrangements to depart. The request may follow a visa refusal, a cancellation or the Department locating a person who has overstayed. The exact document matters, so the letter or bridging visa grant notice should be read closely. Our article on the partner visa on a Bridging visa E explains the most common situation.

Can I still lodge a partner visa in Australia?

A person who has been asked to leave can often still lodge a partner visa in Australia if they meet the Subclass 820 requirements and no statutory bar applies. A refusal or cancellation may trigger section 48, but partner visas are among the visas still available. A person without a substantive visa must also deal with Schedule 3. Our articles on the section 48 bar and the Schedule 3 criteria explain each test.

Does lodging a partner visa stop my removal?

Lodging a partner visa does not guarantee that a person will not be removed, although a valid application for a substantive visa changes the person's position and may support the grant of a further bridging visa. The application must be valid, and the person must meet the requirements for that bridging visa. A rushed or invalid application gives no protection at all. Our article on a partner visa on a bridging visa explains how bridging visas follow a valid application.

What if I leave Australia as asked?

A person who leaves Australia as asked can later be sponsored for an offshore Subclass 309 partner visa by their Australian partner. Departing before any removal avoids the removal exclusion period under special return criterion 5002 and the removal costs that follow a removal under section 198. The earlier compliance history will still be considered, and any debt owed to the Commonwealth must be paid or covered by an approved arrangement before grant. A planned departure also gives the couple time to prepare the relationship evidence properly rather than in a hurry. Our article on the offshore partner visa explains how the Subclass 309 works.

Why does acting quickly matter?

Acting quickly matters because departure dates, bridging visa expiry dates and the Schedule 3 assessment all depend on time. A person who misses a departure date may become unlawful, and a later removal brings consequences that a planned departure or a timely application would have avoided. Our page on urgent immigration lawyer advice explains what to have ready for an urgent consultation.

How does My Migration Lawyers act when a client has been asked to leave?

My Migration Lawyers treats a departure request as a priority matter, reviewing the Department's letter, the current bridging visa and the relationship evidence before advising whether an onshore Subclass 820, a planned departure followed by a Subclass 309, or another step gives the couple the clearest path. Where an onshore application is viable, the firm prepares the Schedule 3 submission together with the application. Couples can speak with our partner visa lawyers.