Will Your Visa Be Affected If the Primary Application’s Visa Is Refused?
Applying for a visa as a dependent of a primary applicant can be an exciting yet uncertain process. Many applicants worry about what will happen if the primary visa applicant is refused—will the refusal also affect the dependent’s visa?
How Dependent Visas Work?
When applying for an Australian visa as a secondary applicant (such as a spouse or child), your visa status is directly linked to the primary applicant’s visa. There are various visas that allow dependent visas, including but not limited to the following:
If the primary applicant is granted a visa, the secondary applicants will also receive their visa grants. However, if the primary applicant’s visa is refused, the secondary applicants’ visas will likely also be refused.
What Happens If the Primary Applicant’s Visa is Refused?
If the Department of Home Affairs refuses the primary visa application, these are some steps you can expect and future action for you to consider:
Automatic Refusal of the Dependent Applications
Once the primary visa application is refused, the dependent visa application will generally be refused at the same time. This occurs due to the secondary applicants’ visas rely on the primary applicant’s grant.
Your Right to Appeal
Ensure to read your refusal decision carefully. This is so you can ensure that you have the rights to appeal for merits review for the refusal to the Administrative Review Tribunal (ART). Seek for an Accredited Specialist in Immigration Law for any assistance and creative strategies for your visa pathway as you may be subjected to further issues such as section 48 bar.
Alternative Visa Options
If your visa has been refused as a dependent, you may consider applying for another visa independently, such as a partner visa (Subclass 820/801), we have listed some visas that are exempted from Section 48.
Related:
Does it mean I, as a dependent, will also be Section 48 bar?
As the secondary applicant follows the primary applicant, your visa application will most likely follow the primary applicant and may be subjected to Section 48 bar. If that is the case, then you are limited in your options to apply for the next visa.
How Can Agape Henry Crux Assist
If the primary applicant’s visa is refused, it is highly likely that the dependent applicants will face a similar result. Agape Henry Crux has a team of immigration lawyers and registered migration agent who works together with our Accredited Specialists Immigration Lawyers. The team specialises in handling highly complex matters, and if you are unsure of what to do next. Schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
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This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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