Can I Re-Apply for a Partner Visa if I Withdrew or was Previously Refused?

For many couples, a Partner Visa is the golden solution to build a life together in Australia. However, what happens if your Partner Visa journey hits an obstacle with a prior withdrawal or refusal? Can you reapply, or is your dream of staying together with your partner turned to ashes? If you are in this situation, it is complicated, but not necessarily the end of a dream.

Withdrawal vs. Refusal: What is the Difference?

Withdrawal: If you withdraw your application, it is generally viewed more favourably than a refusal. However, it also depends on which stage of the visa application you decided to withdraw.
Refusal: A refusal leaves a formal record indicating that your application did not meet the legal requirements at the time of assessment.

What Should I Consider Before Reapplying for a Partner Visa?

It is good to understand the limits on how many times a person can sponsor someone and how soon they can re-sponsor after a previous approval.

Sponsors can be approved for a maximum of two sponsorships in their lifetime. If you are to sponsor for the third time, you will need to engage professional assistance to overcome this restriction.
If you were granted a Partner Visa (SC820/801 or SC309/100) pathway, you cannot be approved to sponsor another partner for at least 5 years from the date your own initial partner visa application was lodged.
If you are in Australia and do not hold a substantive visa when reapplying, the Schedule 3 criteria will apply, resulting in a visa refusal. You will need to seek a waiver to overcome Schedule 3 with professional assistance.

How to Overcome Schedule 3 with a Waiver?

If you think you are affected by Schedule 3, we strongly suggest you speak with an Accredited Specialist in Immigration Law to identify whether your circumstances have strong, compelling reasons for the waiver. Additionally, to support your compelling reasons, you must provide supporting documents and evidence. Be honest and transparent in your reason to ensure it doesn’t affect your future application under Public Interest Criterion (PIC) 4020, and our lawyers can assist you. Note: Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence.

What if My Partner Visa is Refused?

If your partner visa has been refused, seek legal guidance from Jason Ling or Angela De Silva for a tailored visa pathway; you may have the right to appeal the decision to the Administrative Review Tribunal (ART).

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Assist

If you are in a similar circumstance and wish to apply for a new Partner Visa, that is not the end of building a life together in Australia. Consider speaking with one of our immigration lawyers at Agape Henry Crux. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment 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.

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