Can a Lawyer Help With a Partner Visa While My Protection Visa Is Pending?

Can I apply for a partner visa while my protection visa is pending?

A person can apply for a Subclass 820 partner visa while a protection visa application is pending, because nothing in the Migration Act stops two applications for different visas from running at the same time. The partner visa is assessed on its own criteria, including the relationship, health, character and the Schedule 3 criteria where they apply. Our page on the Subclass 820 visa sets out the onshore pathway.

Does Schedule 3 apply if I am on a bridging visa from my protection application?

Schedule 3 generally applies to a partner visa applicant who holds only a bridging visa from a protection application, because a bridging visa is not a substantive visa. Whether the criteria can be met depends on the applicant's visa history, including when the last substantive visa ended. Where they cannot be met, the applicant needs a waiver for compelling reasons. Our article on partner visas without a substantive visa explains the position.

Can my protection claims affect my partner visa?

Protection claims can affect a partner visa where the information given in the protection application is inconsistent with the partner application. The Department will compare relationship status, dates, addresses and identity details across both applications. A protection application that described the applicant as single, or gave different dates, will need explanation, and serious inconsistencies may raise PIC 4020 concerns. Our article on partner visa conflicting statements explains how these are handled.

Should I withdraw my protection visa application?

A protection visa application should not be withdrawn without advice, because withdrawal can affect the bridging visa that relies on it and the applicant's lawful status. The right decision depends on the strength of each application, the applicant's visa history and the risk if the partner visa is refused. In many cases both applications continue until one is decided. Our article on bridging visas in Australia explains how bridging visas are tied to applications.

What if my protection visa has already been refused?

If the protection visa has already been refused, section 48A prevents a further protection visa application in Australia without the Minister's intervention, but it does not bar a partner visa. Section 48 may also apply, although partner visas generally remain available to people affected by it. Our article on the partner visa after a protection visa refusal explains the options and our article on the partner visa section 48 bar explains the overlap.

How does My Migration Lawyers handle a partner visa alongside a protection claim?

My Migration Lawyers reviews the protection application and the applicant's visa history before preparing the partner visa, so that any differences between the two are explained openly rather than discovered by the Department. The firm prepares the Subclass 820 application with a Schedule 3 submission where needed, and advises on how the two applications should run together. The firm, led by Principal Lawyer Weiwei Zhang, can consult in Mandarin. Applicants can contact our partner visa lawyers about their situation.