What To Do After Partner Visa Refused and Relationship Breakdown

Options for Partner Visa Refusal after being refused & after a relationship breakdown

The process of obtaining this visa in Australia can be a challenging and daunting procedure. Unfortunately, not all applications are successful, and even after successfully obtaining a visa, relationships may break down. Facing a refusal of this visa in Australia and a relationship breakdown can be complex and overwhelming, but the important thing you should know, there is still an option to navigate this situation.

Can I lodge a visa after a refusal?

If you have applied for a visa and it has been refused, you may be on a bridging visa or currently have no visa, unfortunately, you won’t be able to lodge another visa whilst in Australia. The Department of Immigration and Border Protection refers to this as a Section 48 Bar. However, an exception is that you may be able to lodge a Partner visa even if a Section 48 bar has been imposed.

Read more: What does The Section 48 bar mean?

What is a Substantive visa? Can I still lodge a visa application if I don’t have one?

A substantive visa is any visa except a Bridging visa, a Criminal Justice visa, or an Enforcement visa. If you don’t have a visa at all or if you are a bridging visa holder then you do not have a substantive visa.

If you want to lodge a further visa application in Australia you would be required to meet additional criteria, reasons may be that you do not have a Substantive visa due to reasons beyond your control and/or the time frame is still within the 28 days of your last Substantive visa expiring.

A Schedule 3 within the immigration regulation may apply and you would have to show compelling reasons for this requirement not to apply such as there are dependent children in your relationship or your relationship with your sponsor has been 2 years or longer.

Still have any questions? You can book a consultation with our registered migration agent and it is backed by our 100% Money Back Guarantee Program.

What are my options if the relationship breaks down?

You have an obligation to notify the Department of Immigration and Border Protection if your relationship breaks down. Your obligation to notify DIPB will continue until a decision is made on your permanent visa, generally 2 years after your initial application has been lodged.

Listed below are some scenarios depending on what stage your Partner visa is up to if your relationship breaks down:

1. If you have lodged your partner visa and waiting for a decision to be made on your Temporary Partner visa, the Temporary and Permanent Partner visa application will be refused.
2. Your current Bridging visa would expire after 28 days as well as a period of notice once they have made a decision.
3. If you have already received your Temporary Partner visa your Permanent Partner visa will be refused and your Temporary Partner visa will expire immediately, You would still have your Bridging visa which would expire after 28 days as well as a period of notice once they have made a decision.
4. If you have been granted your Permanent Partner visa, there would be no impact and your Permanent visa would be still in effect.

You may still be granted a Permanent Residency if your relationship ended prior to the grant of the Permanent Partner visa due to family violence or if you have children whom you both have custody or access rights to or if you are in the Second Stage of your Permanent Partner visa.

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