Can I Travel Overseas While My Partner Visa Refusal Is Under Review?

What happens to my bridging visa if I leave Australia during review?

If an onshore applicant leaves Australia during review on a Bridging visa A, the bridging visa ceases on departure and the applicant has no visa to return on. The review may continue, but the applicant would need another visa to come back, and a refusal on the record can make that difficult. Our article on partner visa travel after refusal explains the risks in detail.

Can I get a Bridging visa B while my review is pending?

A Bridging visa B can generally be applied for while a review is pending, where the applicant holds a bridging visa linked to the partner visa application and has a substantial reason to travel. The Department decides each request, and it can be refused. The travel should not be booked until the Bridging visa B is granted. Our article on the partner visa Bridging visa B explains how to apply.

What counts as a substantial reason to travel during review?

A substantial reason to travel during review is usually a serious family event, such as the illness or death of a close relative, an important work obligation, or another reason the Department accepts as significant. A holiday is less likely to be accepted. Evidence of the reason, such as a medical letter, strengthens the request. Our article on partner visa overseas travel explains common situations.

What if the Tribunal hearing is set while I am overseas?

If the Tribunal hearing is set while the applicant is overseas, the applicant must tell the Tribunal immediately and ask how to proceed. A failure to attend a hearing can lead to a decision without the applicant's evidence being heard. Couples should plan travel with the likely hearing period in mind and keep the Tribunal informed. Our article on the partner visa ART hearing explains why attendance matters.

Why must a Subclass 820 applicant be in Australia at grant?

A Subclass 820 applicant must be in Australia at grant because that is a requirement of the visa itself. If the Tribunal remits the case and the Department is ready to grant while the applicant is overseas, the grant cannot be made until the applicant returns. Our page on the Subclass 820 visa explains the location requirements.

Is travel different for an offshore Subclass 309 review?

Travel is different for an offshore Subclass 309 review, because the applicant is usually already outside Australia and applies for review in their own name from wherever they are. A visit to Australia during the review needs a separate visa, and the Subclass 309 is generally granted while the applicant is outside Australia. Our page on the Subclass 309 visa explains the offshore rules.

How does My Migration Lawyers plan travel during a partner visa review?

My Migration Lawyers plans travel during a partner visa review by checking which bridging visa is in effect, whether a Bridging visa B is realistic for the reason given and how the trip fits the Tribunal's timetable. Where travel is essential, the firm prepares the Bridging visa B request with evidence and keeps the Tribunal informed. Applicants can raise travel plans with our partner visa lawyers before booking.