Can I Get My Application Charge Back If My Application Was Invalid?

Whether a partner visa application charge can be refunded after an application is found invalid depends on the refund provisions in regulation 2.12F of the Migration Regulations and the facts of the case. The charge is not refunded automatically, so a written refund request with evidence should be made promptly and kept separate from any new application.
Paid for an application that was found invalid? Tell us who paid the charge, when it was paid and the reason given in the invalidity notice.

Key points

  • The partner visa base application charge is AUD 11,710 for most applicants from 1 July 2026.
  • Visa application charges are refundable only in the circumstances set out in regulation 2.12F of the Migration Regulations.
  • An invalidity finding is not a refusal decision and cannot be reviewed by the Administrative Review Tribunal.
  • A new valid application requires the full charge to be paid again.

Is the partner visa charge refundable when an application is invalid?

The partner visa charge is refundable when an application is invalid only if the circumstances fall within the refund provisions in regulation 2.12F of the Migration Regulations. A refund is not automatic, and the Department decides each request on its facts. The base charge for most partner visa applicants is AUD 11,710 from 1 July 2026, so the question is worth raising formally rather than assuming the money is lost. Our article on the partner visa cost explains the charges involved.

Does the reason for invalidity affect a refund?

The reason for invalidity affects a refund because the refund provisions apply to particular situations rather than to every application that fails. An application that failed because of a payment problem is in a different position from one that failed because the applicant lodged from the wrong country or chose the wrong pathway. Where only part of the charge was paid, or the payment did not go through, there may be little or nothing to refund. Our article on offshore lodgement mistakes explains how location errors arise.

How do I ask for a refund of the application charge?

An applicant asks for a refund of the application charge by making a written request to the Department that identifies the application, the amount paid, the person who paid it and the reason a refund is sought. Proof of payment and a copy of the invalidity notice should be attached. The request should be accurate and complete, because a refund request is another document the Department will keep on the applicant's file. If the payment record is unclear, a freedom of information request can confirm what the Department holds.

Should I wait for the refund before lodging again?

An applicant should not usually wait for the refund before lodging again, because the refund process can take time while the applicant's eligibility may be changing. A substantive visa may expire, Schedule 3 may start to apply, or the relationship evidence may become out of date. The refund request and the new application are separate, and each should move on its own timetable. Our article on the partner visa without a substantive visa explains why timing matters for onshore applicants.

What if a previous representative lodged the invalid application?

Where a previous representative lodged the invalid application, the applicant should first obtain the full lodgement and payment record, including the receipt and the ImmiAccount details. Any question about the representative's professional obligations is separate from the Department's refund rules and does not change them. Our article on how to change immigration lawyer in Australia explains how a file moves to a new representative.

How does My Migration Lawyers help after an invalid application?

My Migration Lawyers works out why the application was invalid, whether the facts fit a refund provision and what must happen first to protect the applicant's visa status. The firm prepares the refund request where one is available and, at the same time, prepares a new valid application so that the couple does not lose ground while the refund is considered. Couples can speak with our partner visa lawyers about both steps.

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About the Reviewer

Who Reviewed This Page

Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang, Principal Lawyer at My Migration Lawyers

Weiwei Zhang

Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
October 8, 2026
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