Can I Withdraw My Partner Visa Application and Reapply?

Why would someone withdraw a partner visa and reapply?

Someone would withdraw a partner visa and reapply where the existing application cannot succeed as lodged, for example because the wrong subclass was chosen, a de facto relationship had not yet met the 12-month requirement in regulation 2.03A, or serious errors were made that cannot be corrected. In those cases a fresh, correct application may be better than a likely refusal. Our article on a partner visa application review explains how problems are usually identified.

What do I lose by withdrawing a partner visa application?

An applicant who withdraws a partner visa application generally loses the visa application charge already paid, the place in the processing queue and any review rights that a refusal would have given. The bridging visa linked to the application also ends a short time after withdrawal. Our article on bridging visas in Australia explains how bridging visas end, and our guide to partner visa cost explains what a new application will cost.

Can I reapply onshore after withdrawing?

An applicant can reapply onshore after withdrawing only if the new Subclass 820 can be validly lodged at that time. An applicant who no longer holds a substantive visa must generally meet Schedule 3 criteria, which are waived only for compelling reasons. The safest order is often to lodge the new application before withdrawing the old one, while still holding the visa that allows a valid lodgement. Our page on Schedule 3 waivers explains the test.

Does my sponsor need to sponsor me again?

The sponsor needs to sponsor the applicant again in a new partner visa application, because each application has its own sponsorship. The sponsor provides fresh details and documents, and the sponsorship limits in regulation 1.20J are checked again. Where the sponsor has sponsored a partner before, those limits should be confirmed before the new application is paid for, as explained on our page on partner visa sponsorship limitations.

Is it better to withdraw or wait for a refusal?

Whether it is better to withdraw or wait for a refusal depends on the reason the application is likely to fail. A withdrawal avoids a refusal record and the section 48 bar. A refusal may carry review rights at the Administrative Review Tribunal, which can be valuable where the problem is evidence that can be fixed during review. Our article on partner visa appeal versus reapplication compares the two paths.

Does the new application have to repeat the same information?

A new partner visa application must give accurate and complete information, and it will be compared with the withdrawn application. Corrected details should be explained rather than silently changed, because unexplained differences can lead to concerns under PIC 4020. Our article on partner visa conflicting statements explains how the Department treats inconsistencies.

How does My Migration Lawyers manage a withdraw and reapply strategy?

My Migration Lawyers manages a withdraw and reapply strategy by preparing the new application in full first, confirming it can be validly lodged, and only then advising on the timing of the withdrawal, so that the applicant is never left without an application or a lawful visa. The firm explains any changes from the earlier application in a way the Department can follow. Applicants can speak with our partner visa lawyers before withdrawing.