Can you apply for a partner visa after refusal, after overstaying your visa, or while holding a Bridging Visa E?
Sometimes, yes. These are complex Partner visa cases.
Three questions need separate answers: can you make a valid application, does section 48 affect you, and will Schedule 3 apply?
A Bridging Visa E (BVE) can keep you lawful while it is in effect, but it is not a substantive visa.
Holding one does not automatically solve the Partner visa problem.
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- A previous visa refusal does not automatically prevent a Partner visa application.
- Section 48 can restrict which visas a person without a substantive visa can apply for after a refusal or certain cancellations.
- Partner visa classes are among the visa classes prescribed as exceptions to the section 48 restriction.
- A BVE is not a substantive visa, so an onshore Subclass 820 applicant may still face Schedule 3.
- Subclass 820 rules allow certain Schedule 3 criteria not to be applied where there are compelling reasons.
- A genuine relationship alone does not automatically establish compelling reasons.
Partner visa after refusal: does section 48 stop you applying?
Section 48 can apply if you are in Australia without a substantive visa after certain refusals or cancellations since your last entry.
It does not cover every refusal or cancellation in the same way.
When section 48 applies, the person can generally apply only for visa classes specifically prescribed in the Migration Regulations.
Regulation 2.12 prescribes Partner (Temporary) (Class UK) and Partner (Residence) (Class BS).
Section 48 therefore does not necessarily prevent a partner visa after refusal.
All other application-validity and visa criteria still matter.
This distinction matters. People sometimes hear “section 48 barred” and assume no further visa can be lodged in Australia. That is not always correct.
Partner visa after refusal: check application validity first
The section 48 exception is not permission for every person to lodge a valid application.
Schedule 1 item 1124B(3)(e) adds requirements where section 48 applies, subject to its exceptions.
- Specified previous Partner visa refusals since last entry can prevent a valid application.
- The partner must complete the prescribed sponsorship form, provided at the same time and place as the application.
- Two statutory declarations must also be provided at lodgement, each made no more than six weeks before the application.
- The declarants must be Australian citizens, permanent residents or eligible New Zealand citizens other than the partner.
- Each declaration must confirm the married or de facto relationship.
Home Affairs says Form 888 does not satisfy this statutory-declaration requirement.
Check the evidence of the partner’s and declarants’ qualifying status too.
Other application bars or visa conditions may also matter; do not assume the section 48 exception overrides them.
Partner visa after refusal while holding a BVE
A BVE can be relevant after unlawful stay, a finalised visa matter, or while seeking review or resolving immigration status.
Home Affairs describes the BVE as a temporary visa for eligible people finalising immigration matters or arranging departure.
It lets the holder remain lawfully while it is in effect.
A BVE is a bridging visa rather than a substantive visa.
Subclass 820 criteria specifically address applicants who do not hold a substantive visa.
A partner visa after refusal while holding a BVE may be legally possible.
Check validity and Schedule 3 before assuming the case is straightforward.
Unlawful status and Schedule 3
Schedule 3 of the Migration Regulations 1994 contains additional criteria for unlawful non-citizens and certain bridging visa holders.
For applicants using the usual spouse or de facto pathway without a substantive visa, clause 820.211(2)(d) addresses Schedule 3.
It generally requires criteria 3001, 3003 and 3004 unless there are compelling reasons not to apply those criteria.
Special applicant categories can differ.
Criterion 3001 requires a valid application within 28 days after the defined relevant day.
The definition depends on immigration history, including when a substantive visa ended and specified other events.
A BVE grant does not itself restart this clock.
This is not a universal permission to remain unlawful for 28 days.
After months or years without a substantive visa, directly meeting the applicable criteria can be difficult.
In a partner visa after refusal case, compelling reasons may become central to whether those criteria need to be applied.
- Substantive visa ends: check the exact date and any other visa in effect.
- If no visa remains in effect: the person may be unlawful and needs prompt status advice.
- BVE granted and in effect: lawful stay under its terms, but still no substantive visa.
- Considering 820: assess application validity and applicable Schedule 3 criteria before lodgement.
Illustrative sequence only. A BVE grant is not a fresh 28-day period under criterion 3001.
What are “compelling reasons”?
The Regulations do not provide a simple checklist where one fact automatically equals compelling reasons.
The decision-maker must consider the particular case.
Consequences for the Australian partner or family, children, relationship history and strength, and serious hardship may be relevant.
These are matters to assess and evidence, not an approved checklist of automatic exemptions.
Marriage to an Australian citizen or a genuine relationship does not automatically remove Schedule 3.
Nor does a preference to remain together in Australia.
Hossain v Minister for Immigration and Border Protection [2018] HCA 34 records an important timing error.
The Tribunal had considered compelling reasons only at application time instead of at its decision.
The judgment records that this was conceded to be an error, applying Waensila.
Circumstances arising after lodgement can therefore be relevant before the visa decision.
Hossain also illustrates that another unmet visa criterion can independently prevent grant.
Family circumstances can change while a partner visa after refusal is being assessed.
Keep relevant evidence current; do not assume later events guarantee a favourable decision.
Previous refusal does not disappear
Even where a partner visa after refusal can validly be lodged, the previous immigration history remains relevant.
Home Affairs may examine why the earlier visa was refused and whether the new information is consistent with earlier applications.
Periods of unlawful stay and compliance with visa or bridging visa conditions also matter.
Earlier information about relationships, employment, study or personal circumstances may need reconciling with the Partner visa evidence.
Do not change the story simply because the previous information is inconvenient.
Any genuine error or change in circumstances should be explained transparently.
What if you are currently unlawful?
Being unlawful means you do not currently hold a visa permitting you to remain in Australia.
Get prompt advice about your status and options for becoming lawful.
A BVE may be relevant, but its grant does not automatically remove Schedule 3 or other subclass 820 problems.
Planning a Partner application does not itself make an unlawful person lawful.
A person who is unlawful should not delay getting advice simply because they intend to lodge a Partner visa eventually.
The longer immigration history can become relevant when preparing a partner visa after refusal or unlawful stay.
Do not leave Australia on a BVE without checking first
Home Affairs states that a Bridging Visa E ceases if the holder leaves Australia.
A BVE does not provide travel-and-return permission like a BVB.
A BVE holder cannot simply obtain a BVB on that basis; BVB eligibility requires holding a BVA or BVB.
Departure may require another substantive visa before you can return.
Get advice before departing to pursue an offshore partner visa after refusal.
Leaving can affect visa status, review matters and the ability to return.
These cases should be assessed before lodgement. Millennium Migration can review section 48, Schedule 3 and your immigration history.
Message Millennium Migration on WhatsAppThe general quiz covers 820/801, 309/100 and Prospective Marriage 300.
A quiz does not assess every refusal or unlawful-status issue. Get individual advice before lodging.
DO THE QUIZ & SEE YOUR CHANCE →FAQs: partner visa after refusal
Can I apply for an 820 after another visa has been refused?
Potentially. The prescribed Partner classes may remain available despite section 48.
Other validity rules still apply, including restrictions concerning earlier Partner visa refusals.
Can I apply for a Partner visa while on a BVE?
Potentially, but a BVE is not a substantive visa.
Check application validity and the Schedule 3 criteria for your onshore 820 case.
Does a genuine relationship waive Schedule 3?
No automatic waiver exists simply because the relationship is genuine.
Compelling reasons must be assessed from the circumstances of the individual case.
What if I overstayed for several years?
A lengthy unlawful period does not automatically make a Partner visa impossible.
Immigration history, Schedule 3 and the reasons for unlawful stay need careful assessment.
Can circumstances after lodgement help my Schedule 3 case?
Yes. Relevant circumstances can arise after lodgement.
Hossain records the error in restricting assessment to application-time circumstances.
Other applicable visa criteria must still be met.
Do not lodge first and investigate later
A refusal, BVE or unlawful period can change your onshore Partner visa strategy.
Millennium Migration can review the history before you decide how to proceed.
Free Visa AssessmentBook Consultation 📥 Full Service Package DIY Review PackageSam Lotfollahi, MARN 0901704, is the founder of Millennium Migration.
Millennium Migration assists with Partner visa eligibility, refusal issues, immigration history and Schedule 3 matters.
Sources
- Migration Act 1958 — section 48 and immigration status
- Migration Regulations 1994 — regulation 2.12, Schedule 1 validity rules, clause 820.211 and Schedule 3
- Home Affairs — Bridging Visa E
- High Court — Hossain v Minister for Immigration and Border Protection [2018] HCA 34
- Home Affairs — subclass 820 eligibility and validity information
- Home Affairs — expired visas and staying lawful
- Home Affairs — providing accurate information
General information only, current as at 29 October 2026.
Previous refusals, cancellations, unlawful status, BVE status and Schedule 3 are highly fact-specific.
Obtain individual advice before lodging an application or leaving Australia.