How Do Previous Visa Refusals Impact Your Partner Visa Application?
If you were previously refused a visa, this could significantly affect your Partner visa (subclass 820/801) application. The exact impact depends on the circumstances of the refusal and your current situation.
How do Visa Refusals Affect Your Partner's Visa Application?
Section 48 bar
If you are in Australia and have had a visa refusal, you may be subjected to Section 48 bar. Section 48 bar will restrict you from applying for most types of substantive visas while in Australia. There are some additional steps and processes the applicant may need to take to apply for an Onshore Partner Visa (Subclass 820/801) to overcome Section 48 bar.
Understand the Previous Refusal Matter
The reason(s) for your prior visa refusal may directly affect how the case officer evaluates your application. Common refusal reasons include Genuine Temporary Entrant (GTE), failure to meet visa criteria, providing false and misleading information (PIC 4020), or if you do not meet character or health requirements.
Schedule 3 Criteria
If you are in Australia on a Bridging Visa due to a past refusal, you may be subjected to Schedule 3 criteria, which require you to provide compelling reasons to address your circumstances despite being an unlawful non-citizen or bridging visa conditions.
What can I do if I want to Apply for a Partner Visa?
We highly suggest scheduling a time with an Accredited Specialist in Immigration Law for professional advice and assistance. Immigration lawyers can help you build a strong case and address Section 48 and Schedule 3 issues for your Partner Visa applications.
Related
How Can Agape Henry Crux Assist
Speak with an Accredited Specialist Immigration lawyer at Agape Henry Crux to have tailored advice on your complicated circumstances. The team specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
