In this section, let's dive into the specific steps we took.

Here’s some context: If your visa application is refused while you have no other valid substantive visa in place at the time, and you want to maintain legal status in Australia, appealing within the prescribed time and retaining your Bridging Visa (BVA) is absolutely the best option.

With that in mind, here’s what we did:

17 April 2024: We helped our client submit an AAT appeal (before it was renamed last year).

26 April 2024: The client's BVA was reactivated.

29 April 2024: We submitted the Bridging Visa B (BVB) application.

01 May 2024: The BVB was granted.

At this point, you might ask: Why did we apply for a BVB after filing the appeal?

When a visa is refused, the S48 condition prevents applicants from submitting a new student visa application while still in Australia. Therefore, in order to maintain legal status in Australia, the client needed a BVB with travel facilities, allowing them to submit a new visa application from abroad and re-enter while awaiting the decision.

Another reason for this approach was that the client’s original refusal stemmed from an incorrect partner visa start date. This timing issue made it challenging to challenge the refusal in court.

We advised the client to apply for proof of a de facto relationship, using a new relationship start date, and then resubmit the student visa application.

14 June 2024: The couple applied for de facto relationship proof.

04 July 2024: We reorganized the partner relationship documents and arranged for the principal and secondary applicants to leave Australia and reapply for the student visa together.

14 February 2025: We proactively submitted additional relationship evidence.

25 February 2025: After more than 10 months, and without any further requests for additional documents, the visa was granted.

26 February 2025: We filed a request for ART (Administrative Review Tribunal) withdrawal on behalf of the client, uploading the granted visa letter. We requested a refund of the ART application fee, arguing that "the newly issued visa and the previously refused visa were of the same category."

Summary

If you are the principal applicant and plan to eventually bring your partner along for a visa application, be sure to include your partner's information in your most recent visa submission. Likewise, if you're a secondary applicant, always double-check the principal applicant’s recent visa application regarding their marital status before being added to the principal visa.