How Do I Read an Invalidity Notice for My Partner Visa?

What does an invalidity notice for a partner visa say?

An invalidity notice for a partner visa says that the Department considers the application was never validly made, and it usually cites section 46 of the Migration Act and the Schedule 1 item or subitem that was not satisfied. Common reasons are the applicant's location at lodgement, a visa condition such as 8503 No Further Stay, the form used or an unpaid charge. The notice is different from a refusal letter, which is explained in our article on the partner visa refusal letter.

How do I find the reason my application was declared invalid?

The reason an application was declared invalid is found in the paragraph that names the Schedule 1 requirement and explains how the Department applied it to the facts. Applicants should check whether those facts are correct, for example whether the Department has recorded the right date of departure or arrival, or the right visa condition. A factual mistake by the Department can change the outcome entirely, and our article on a partner visa application review explains how lodged applications are checked.

What does the notice mean for my bridging visa?

The notice means that any bridging visa connected to the partner visa application needs urgent attention, because an invalid application cannot support a bridging visa. An applicant who still holds a substantive visa remains lawful on that visa. An applicant whose substantive visa has already expired may be unlawful and may need a Bridging Visa E. Our articles on the partner visa bridging visa and a partner visa without a substantive visa explain these situations.

Can I appeal an invalidity notice to the Tribunal?

An invalidity notice cannot be appealed to the Administrative Review Tribunal, because the Tribunal reviews decisions to refuse or cancel visas and an invalid application produces no such decision. Where the Department has made a legal error in finding the application invalid, the finding can be raised with the Department or tested by judicial review in the Federal Circuit and Family Court, which looks only at legal error. Our article on partner visa judicial review explains that process.

What should I do after reading the invalidity notice?

After reading the invalidity notice, the applicant should confirm their current visa status, keep the notice and the ImmiAccount record, and plan a new valid application without delay. If the applicant is now without a substantive visa, a new Subclass 820 application will face Schedule 3, explained in our article on the partner visa Schedule 3 criteria. A refund of the charge may be available in some cases and should be requested separately.

How does My Migration Lawyers act on an invalidity notice?

My Migration Lawyers acts on an invalidity notice by testing the Department's reasoning against the Schedule 1 item and the applicant's actual records, then advising whether the finding is open to challenge or whether a fresh application is the faster route. The firm protects the applicant's lawful status first, then prepares the replacement application and any Schedule 3 submissions. Applicants can read about our partner visa lawyers and request a consultation through the form on this page.