Applying for a Partner Visa After a Protection Visa Refusal – Is It Possible?
When you face a Protection Visa (subclass 866) refusal, but you’re in a genuine relationship with an Australian partner, you might wonder: can I apply for a Partner Visa now?
The short answer is yes, but it’s not a straightforward process. You may face legal hurdles, such as the Section 48 bar, which limits your ability to apply for certain visas while in Australia, and the Schedule 3 criteria, which sets specific requirements for your Partner Visa application due to holding a non-substantive visa when submitting your Partner Visa application.
Here’s what you need to know about the intricate and multifaceted process of applying for a Partner Visa after a Protection Visa refusal.
Section 48 Bar and Schedule 3 Criteria on Partner Visa application after Protection Visa refusal
If your Protection Visa was refused and you remain in Australia, you will be subject to the Section 48 bar, which prevents you from lodging most substantive visa applications onshore. But thankfully, the Partner Visa is exempt from the Section 48 Bar, which means you still have an opportunity to lodge an onshore Partner Visa (subclass 820).
Additionally, you will be subject to the Schedule 3 Criteria because you don’t hold a substantive visa when submitting the Partner Visa application. The combination of Section 48 Bar and Schedule 3 Criteria will make your Partner Visa far more complex, requiring more detailed documentation to show your genuine relationship.
Can I waive the Section 48 Bar or Schedule 3 Criteria?
The Section 48 Bar cannot be waived. Meanwhile, Schedule 3 Criteria can be waived under certain conditions, which require you to show compelling and compassionate reasons why you must submit your Partner Visa onshore and why the application must be granted.
Here are some examples of compelling and compassionate reasons for your reference:
- You and your partner have a child together,
- Your partner (Australian citizen or permanent resident) will suffer mentally or financially if you’re not granted a Partner Visa, or
- You and your partner face situations that are beyond your control, like a terminal illness, etc.
Many applicants struggle with this requirement, and applications can be refused if the case isn’t strong enough. But this guide may help you: Schedule 3 Waiver: What You Need to Know & Guide
Is it better to apply for a Partner Visa offshore after a Protection Visa refusal?
It depends. If you’re not confident that your situation is compelling or compassionate enough, applying for a Partner Visa offshore (subclass 309) may be better.
However, you can also consider submitting another temporary visa offshore, such as the Visitor Visa (subclass 600) to come to Australia, then apply for the Partner Visa onshore (subclass 820).
However, leaving Australia while on a Bridging Visa may trigger:
- Re-entry bans, especially if you’ve stayed unlawfully after the Protection Visa refusal
- Visa refusal risks if you don’t have strong supporting documents
So, the situation is quite complex and challenging here. It isn’t easy to get the best answer, as your situation may differ.
Realistic options forward
If you’re in a genuine relationship after your Protection visa was refused, your best options are applying for a Partner Visa offshore (subclass 309), to avoid the Section 48 Bar and Schedule 3 Criteria, as well as engaging a Registered Migration Agent to back your application.
Applying for a Partner Visa after a Protection Visa refusal is possible, but only with meticulous preparation, legal expertise, and robust documentation. The risks are real, but the pathway exists, and it’s crucial to navigate it with caution.
We understand that navigating a Partner Visa application after a Protection Visa refusal is very complex. So, don’t hesitate to book a consultation with our Registered Migration Agent if you need further discussion by clicking the picture below:
We are here to help you.
Our visa specialists at ONEderland Consulting will assist you in choosing the best pathway to sponsor your partner to Australia. With a 98% success rate and as one of Australia’s most highly recommended migration agents, you can trust our expertise. Read our 4.9* score customer reviews to see the difference we’ve made for others.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and contact us. Our team members are honest, accountable and professional. Contact us via email at visa@onederland.com.au, phone at 1300 827 159, or WhatsApp at +61494367258. Alternatively, you can book your consultation online, and it is backed by our 100% Money-Back Guarantee Program, which ensures that if you are not satisfied with our service, you will receive a full refund.
