My Visa Expired Before My Application Was Declared Invalid. What Now?

Am I unlawful if my visa expired before the invalidity notice?

A person whose visa expired before the invalidity notice may be unlawful, because the invalid application could not support the bridging visa they thought they held. The exact position depends on what VEVO shows and on any bridging visa the Department actually granted, so status must be checked on the day the notice arrives. Our article on bridging visas in Australia explains how bridging visas attach to applications.

What should I do first after the invalidity notice?

The first step after the invalidity notice is to make sure the person is lawful, usually by applying for a Bridging Visa E if no other visa is held. Being lawful reduces the risk of detention and gives time to prepare a valid partner visa application. Our article on a partner visa on a Bridging Visa E explains how the Bridging Visa E and the partner visa application work together.

Can I lodge a new partner visa application now?

A person in this position can usually lodge a new Subclass 820 partner visa application, because the invalid application is not a refusal and section 48 does not apply because of it. The new application will be assessed as one made by a person without a substantive visa, which brings in Schedule 3. Our article on a partner visa without a substantive visa explains how these applications are assessed.

How does Schedule 3 apply in this situation?

Schedule 3 applies in this situation because the applicant is in Australia without a substantive visa at the new lodgement date. Unless the new application falls within the period Schedule 3 allows, the Department must be satisfied there are compelling reasons for not applying the criteria. The fact that the person believed in good faith that the first application was valid is relevant to explaining the gap in lawful status. Our page on Schedule 3 waivers and our article on compelling reasons explain how waivers are assessed.

Is an offshore partner visa a better option now?

An offshore partner visa can be a better option for some applicants now, because Schedule 3 does not apply to the Subclass 309. The applicant would need to leave Australia and lodge from outside Australia, which means separation while the application is processed and possible difficulty returning on a visitor visa. Our article on the offshore partner visa explains how the offshore pathway works for the Australian sponsor.

How does My Migration Lawyers act when a visa expired before invalidity?

My Migration Lawyers acts when a visa expired before invalidity by working out the applicant's status for every day since the substantive visa ended, securing a Bridging Visa E where needed, and then preparing a new application with Schedule 3 submissions that explain the reliance on the first application. The firm documents the timeline with the lodgement receipt, the invalidity notice and the steps taken since, so the Department sees a clear account of how the gap arose. Applicants can read our guide to the Schedule 3 waiver submission and request a consultation through the form on this page.