Applying for an 820 Partner Visa after Visa Refusal

This article is also available in Spanish.

If you are in Australia and have you have had a visa refused (for example a student visa), you may still be able to apply for an onshore partner visa. Applying for a subclass 820 Partner Visa after a visa refusal can be challenging, but with careful preparation and compliance with requirements, you can increase your chances of success. Here’s what you need to know.

Key Requirements for Reapplying

1. Complete the Sponsorship Form on the Same Day

You must submit the sponsorship form through ImmiAccount on the same day as your partner visa application.

Be aware of potential ImmiAccount shutdowns and plan accordingly to avoid delays.

2. Submit Two Statutory Declarations

Along with your application, you must include two statutory declarations that:

• Clearly state that [Partner's Name] and [Your Name] are in a de facto or married relationship.

• Must be provided by Australian permanent residents (PR), citizens, or certain New Zealand citizens.

• Declarations must be less than six weeks old at the time of submission (but not dated on the exact day of application).

• Do not use the current version of Form 888, as it is no longer considered a statutory declaration.

3. Additional Considerations for Bridging Visa Holders

If you are applying while on a Bridging Visa, you may need to meet additional requirements under Schedule 3 of the Migration Regulations.

Schedule 3 requirements can be complex, so ensure you review them carefully or seek legal guidance. You can read more about this here.

4. Prior Partner Visa Refusal Considerations

In some circumstances, you must not have been refused a partner visa since your last arrival in Australia, unless you were not on a bridging visa at that time.

Final Thoughts

Applying for an 820 Partner visa after a refusal requires meticulous preparation and strict adherence to Immigration guidelines. Ensure all documents are correctly formatted, up-to-date, and submitted on time. If you need assistance with your application or navigating Schedule 3 requirements, contact Mandeville Migration for professional advice to strengthen your case.

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Written by: Laura Mandeville

MARN: 2117601