Can the Wrong Subclass, Form or Pathway Make My Application Invalid?

Which pathway mistakes make a partner visa application invalid?

The pathway mistakes that make a partner visa application invalid are those that breach a Schedule 1 requirement for the visa class chosen. The most common is location: a Subclass 820 lodged while the applicant is overseas, or a Subclass 309 lodged while the applicant is in Australia. Our article on which partner visa pathway to choose explains how location and visa status decide the correct class.

Can using the wrong form make my partner visa application invalid?

Using the wrong form can make a partner visa application invalid because Schedule 1 requires the form specified by legislative instrument, which for partner visas is the online form in ImmiAccount unless the Department has authorised a paper form in writing. A paper application lodged without that authority, or an application made through a form for a different visa, does not meet the requirement. Our guide to the partner visa online application explains the correct lodgement process.

Does choosing married or de facto change the validity of the application?

Choosing married or de facto does not usually change the validity of a partner visa application, because both relationship types are applied for in the same visa class. The choice matters at the decision stage instead. A couple who claims to be married must show a marriage recognised in Australia, and a de facto couple must generally meet the 12-month requirement in regulation 2.03A unless an exception applies. Choosing the wrong basis can lead to refusal rather than invalidity.

What other validity rules catch partner visa applicants?

Other validity rules that catch partner visa applicants include a visa condition such as 8503 No Further Stay, which prevents a valid application in Australia unless it is waived first, and failing to pay the visa application charge in full at lodgement. Our article on the no further stay condition explains when a waiver is needed. Applicants lodging offshore should also read our article on offshore lodgement mistakes.

What should I do if I lodged under the wrong pathway?

An applicant who lodged under the wrong pathway should first confirm whether the Department has declared the application invalid and then check their current visa status, because an invalid application gives no bridging visa. The usual fix is a new, valid application under the correct class. The timing of that new application matters, as an onshore applicant whose substantive visa has since expired may now face Schedule 3. Our articles on the onshore partner visa and the offshore partner visa compare the two pathways.

How does My Migration Lawyers check the pathway before lodgement?

My Migration Lawyers checks the pathway before lodgement by confirming where the applicant will physically be on the day of lodgement, the conditions on the current visa and any earlier refusal or cancellation, and then matching those facts against the Schedule 1 item for the chosen class. Where an application has already been lodged under the wrong pathway, the firm identifies the safest replacement application and the order of steps. Couples can compare the Subclass 820 visa and Subclass 309 visa pages before requesting a consultation.