Can I Apply for a Partner Visa While My Protection Visa Is Pending?

Can I lodge a partner visa while my protection visa application is still being decided?

A person can lodge a partner visa while their protection visa application is still being decided, because the law does not stop a protection visa applicant from making a valid application for a different visa. The Department deals with each application on its own criteria. The protection visa asks whether Australia owes the person protection, while the partner visa asks whether the couple has a genuine and continuing relationship with an eligible sponsor. Our guide to the onshore partner visa and the firm's page on the Subclass 820 visa set out the basic requirements.

What happens to my bridging visa if I apply for a partner visa?

The bridging visa held for a protection visa application generally continues while that application is undecided, and a further bridging visa may also be granted in association with the partner visa application. Which bridging visa is in effect at any time, and its work and travel conditions, depend on the applicant's circumstances and the order in which the visas were granted. The applicant should confirm the position in writing before making plans that depend on it. Our article on the partner visa bridging visa explains how bridging visas attach to a partner application.

Does Schedule 3 apply to a protection visa applicant who applies for a partner visa?

Schedule 3 generally applies to a protection visa applicant who applies for a Subclass 820 while holding only a bridging visa, because the Schedule 3 criteria look at whether the applicant held a substantive visa at the time of application. The applicant must show that the criteria are met or that compelling reasons exist for not applying them. Departmental policy treats a genuine relationship and the hardship of separation as generally not enough on their own, so the submission needs more. Our article on the Schedule 3 partner visa waiver explains what the Department looks for.

Can my protection claims affect my partner visa?

Protection claims can affect a partner visa because the Department compares what the applicant said in the protection visa application with what they say in the partner visa application. If the protection application described the applicant as single when the relationship already existed, or gave a different account of travel, family or identity, the Department may ask for an explanation. Where information appears deliberately false, PIC 4020 can become an issue. Our article on partner visa conflicting statements explains how inconsistencies are assessed.

Should I withdraw my protection visa application?

Whether to withdraw a protection visa application is a decision to make only after advice, because withdrawal can affect the bridging visa, the person's lawful status and any later options. Some applicants keep both applications on foot, while others have good reasons to withdraw once the partner visa is lodged. Section 48A also prevents a further protection visa application in Australia after a refusal, so the order of decisions matters. Our article on a partner visa after a protection visa refusal explains the position where the protection application has already failed.

How does My Migration Lawyers handle a partner visa while a protection visa is pending?

My Migration Lawyers reads the protection visa application, the statement of claims and the applicant's full visa history before preparing the partner visa, so that the two applications give one consistent account. The firm then prepares any Schedule 3 submission that is needed and advises on bridging visa conditions and on the future of the protection application. Couples in this position can speak with our partner visa lawyers.