Applying for a Partner visa (Subclass 820/801) when you’re subject to Section 48 of the Migration Act can be stressful enough. But what happens when your application is deemed invalid because of issues with your statutory declarations? This is a situation that catches many applicants off guard, and understanding the requirements can save you from a costly mistake.
What Is the Section 48 Bar?
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Section 48 of the Migration Act prevents a person who has had a visa refused or cancelled while in Australia from making a further visa application onshore, with some limited exceptions. One of those exceptions applies to Partner visa applications – but there are strict conditions that must be met.
If your previous visa (such as a Subclass 485) was refused and you’re now on a Bridging Visa A, you may still be able to lodge a Partner visa application. However, you must meet specific eligibility criteria and timing requirements, and you must ensure all the application requirements are met precisely.
Why Statutory Declarations Matter So Much
When applying for a Partner visa with the s48 bar, two statutory declarations from Australian citizens or permanent residents are required to support the claimed de facto relationship. These are not just a formality – if they don’t meet the specific requirements, your entire application can be deemed invalid.
Migration agents have reported cases where applications were invalidated because the statutory declarations:
- Did not specifically use the term “de facto relationship” or identify the type of relationship
- Were too vague or generic in their content
- Did not adequately confirm the nature and genuineness of the relationship
- Used the wrong form or format
Getting Your Statutory Declarations Right
To avoid having your Partner visa application deemed invalid, your statutory declarations should:
- Clearly identify the relationship type – The declaration should specifically state that the applicant and sponsor are in a de facto relationship (or married relationship, as applicable)
- Be made by appropriate people – The declarants should be Australian citizens or permanent residents who have personal knowledge of your relationship
- Use the correct form – Form 888 (Statutory Declaration by a Supporting Witness) is the standard form used for Partner visa applications, and it should be completed thoroughly
- Provide specific details – Rather than generic statements, the declarations should include specific observations about your relationship, living arrangements, and commitment to each other
What If Your Application Has Already Been Deemed Invalid?
If you’ve received notification that your Partner visa application is invalid due to issues with your statutory declarations, time is critical. An invalid application is treated as though it was never made, which means:
- You may not receive a Bridging Visa from this application
- Your 28-day window to lodge under the s48 exception may have already passed
- You may need to explore other options such as a Ministerial Intervention request
In some cases, the Department may allow you to correct the issue and resubmit, but this is not guaranteed. Getting professional advice immediately is essential to understand what options remain available to you.
Prevention Is Key
The best approach is to ensure your application is complete and correct before lodging, especially when the s48 bar is involved. The margin for error is extremely small, and the consequences of an invalid application can be severe. A registered migration agent can review your application and statutory declarations before lodgement to help ensure everything meets the Department’s requirements.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Every immigration matter is unique, and outcomes depend on individual circumstances. For advice tailored to your specific situation, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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