Options for Partner VISA REFUSAL after being refused & after relationship breakdown
Can I lodge a visa after a visa 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 wont be able to lodge another visa whilst in Australia. The Department of Immigration and Border Protection refers to this as a Section 48 Bar. Although an exception is that you may be able to lodge a Partner visa even if a Section 48 bar has been imposed.
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 are wanting 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.
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:
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 would be refused.
Your current Bridging visa would expire after 28 days as well as a period of notice once they have made a decision.
If you have already received your Temporary Partner visa your Permanent Partner visa would be refused and your Temporary Partner visa would 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.
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 you relationship ended prior to the grant of the Permanent Partner visa, if due to family violence or you have children whom you both have custody or access rights too or you are in the Second Stage of your Permanent Partner visa.