If your 820 is refused, can you get banned from applying?

iamabee · #1 (**permalink**) 01-19-2015, 02:51 AM

Just as the title says, if you get your onshore 820 refused, are you able to reapply again (immediately) or are you banned from doing it for a certain period of time?

CollegeGirl · #2 (**permalink**) 01-19-2015, 03:02 AM

There's not a ban on applying for a partner visa if you get rejected, but there MIGHT be a ban on applying ONSHORE. I'm not 100% on this, but I believe Schedule 3 comes into play in situations like these, and it's no longer easy as it was to waive Schedule 3 due to compassionate circumstances (i.e., a longstanding relationship is no longer a reason to get it waived, like it used to be). Hopefully an agent can comment and confirm/deny whether what I've just said is correct.

rani · #3 (**permalink**) 01-19-2015, 03:02 AM

There are a couple of options but it would depend on why it was refused. We didn't have enough evidence and were told that we could apply for a review at the Migration Review Tribunal (MRT) which is what we did. However we were not aware of a condition my husband was under (schedule 3) which for us would have been better to go offshore and reapply for the partner visa rather than do the MRT. So the answer is no you aren't banned from reapplying but it would depend on the circumstances what would be in your best interests. Also there is no use applying straight away if you do not have more evidence that addresses the reason why it was refused.

rani · #4 (**permalink**) 01-19-2015, 03:08 AM

If the applicant was illegal or had a bridging visa at the time of the application then schedule 3 applies. And if I'm correct an exclusion period applies if you are in this situation too if you do eventually have to go offshore I believe. Which may prevent them returning on visitor visas etc to be with their partner unless they can get a waiver. Best to talk to an agent if this happens and you are facing these things.

CCMS · #5 (**permalink**) 01-19-2015, 06:22 AM

If your sc. 820 visa is refused and you are not the holder of a substantive visa (e.g. if you are on a bridging visa), you cannot apply for another sc. 820 visa onshore, unless you leave and re-enter on another substantive visa.

If you have had a visa cancelled or refused since you last entered Australia, there are four criteria that you will need to meet to be able to lodge a valid Partner visa application in Australia. These are:

1. You must not have had a partner visa refused since you last entered Australia.
2. You must not have had a visa refused or cancelled on character grounds under section 501 of the Act.
3. You must provide with your application a form 40SP Sponsorship for a partner to migrate to Australiacompleted and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner.
4. You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.

CollegeGirl · #6 (**permalink**) 01-19-2015, 08:10 AM

Thanks for that, Nick. So if someone were on a student visa, their BVA hadn't activated yet, and their partner visa were rejected - they could just apply again because they're still on a substantive visa. But if they were on a student visa, applied for the 820, got the BVA, and their student visa ran out, activating their BVA - and THEN they got their partner visa rejected, they would have to apply offshore?

Of course, that's assuming they can't get another substantive visa (like a tourist visa or a student visa to get back onshore) - because it would most likely be difficult to prove they were a genuine temporary entrant right after they've had a partner visa rejected. Is that correct?

CCMS · #7 (**permalink**) 01-19-2015, 08:22 AM

The issue is section 48. If you are s. 48 barred, there is only a limited number of visas you can apply for. Sc. 820 is one of them, but you cannot apply for another sc. 820 if you already had a sc. 820 refusal since last entering Australia.

So the first thing to establish would be if the applicant is subject to s. 48.

CollegeGirl · #8 (**permalink**) 01-19-2015, 12:48 PM

Ah, thanks Nick.

wrussell · #9 (**permalink**) 01-19-2015, 10:55 PM

Quote:

Originally Posted by iamabee

Just as the title says, if you get your onshore 820 refused, are you able to reapply again (immediately) or are you banned from doing it for a certain period of time?

You cannot apply for another 820 without departing Australia and returning. If refused for character reasons, or false or misleading information, a non return period, possibly permanent, would apply.

wrussell · #10 (**permalink**) 01-19-2015, 11:18 PM

Quote:

Originally Posted by iamabee

Just as the title says, if you get your onshore 820 refused, are you able to reapply again (immediately) or are you banned from doing it for a certain period of time?

You cannot apply for another 820 without departing Australia and returning. If refused for character reasons, or false or misleading information, a non return period, possibly permanent, would apply.