Partner Visa Tips & Tricks - How to avoid a Partner Visa Refusal
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Are you looking to bring your partner to Australia to live together in the land down under?
As an immigration law practice in Australia, our experienced immigration lawyers have helped countless couples navigate this journey, including assisting them with complex Partner visa applications.
We have also consulted with numerous couples who have unfortunately had their Partner visa applications refused, and have successfully represented them in appealing the refusal of their Partner visa.
At Inclusive Migration, we understand that the refusal of a partner visa application can be devastating, and we are here to support you through the Partner visa process by providing you with as much assistance as possible, so that you can lodge the strongest Partner visa application possible and avoid the refusal of your Partner visa application.
While the Partner visa application process can be complex and overwhelming, with the right approach, and by following our 5 Tips on How to Avoid a Partner Visa Refusal, you can increase your chances of being successfully granted a Partner visa and also minimise the processing times in your Partner visa application.
What is the Partner Visa and what are the most common reasons for refusal?
The Partner Visa is available for individuals who are in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
There are broadly two “different” types of Partner visas you can apply for, which consist of the following four (4) visa subclasses for the Partner visa:
Partner (Subclass 820/801) visas: An onshore application for temporary and permanent Partner visas (i.e. for applicants in Australia).
Partner (Subclass 309/100) visas: An offshore application for provisional and permanent Partner visas (i.e. for applicants outside Australia).
While the requirements for these visas are broadly similar, the process and specific requirements vary depending on the individual circumstances of each case, including your immigration status, immigration history and the length of your relationship.
Partner Visa applications can also be refused for reasons relating to such the completeness of the application, the quality of supporting evidence, and the applicant's satisfaction of the legislative and regulatory requirements for the grant of a Partner visa.
Common reasons for refusal of a Partner visa application include:
Insufficient Evidence of Your Relationship: A lack of compelling evidence demonstrating the genuineness and continuity of your relationship;
Failure to Meet Health or Character Requirements: Not meeting the necessary health standards or having a criminal history that does not meet the requisite character criterion;
False or Misleading Information: Errors or omissions in your application, such as missing documents or incorrect information, as well as the provision of bogus documents or information;
Insufficient Compelling Reasons: A lack of compelling reasons in your case to waive Schedule 3 criterion (where you did not hold a substantive visa at the time of lodgement); and/or
Insufficient Evidence of Family Violence: A lack of evidence to demonstrate that you experienced family violence perpetrated by your Sponsor during your relationship (i.e. where you are pursuing your Partner visa application on family violence grounds after your relationship ends).
-amongst other reasons.
We have published a free guide on what to do and how you can navigate your next steps after you have been refused a Partner Visa. If you have received a partner visa refusal or have any questions about the review process, please contact us for a confidential consultation so that we can not only support you but also get you back on a pathway to obtaining permanent residency in Australia.
5 Tips to Avoid a Partner Visa Refusal
Tip 1: Check and Understand the Eligibility Criteria
Before lodging your Partner visa application, you must make sure that both you and your sponsor (your Australian de facto partner or spouse) meet the basic eligibility requirements to apply for a Partner visa. These basic eligibility requirements include:
Genuine and Ongoing Relationship: You must prove that you are in a de facto or married relationship relationship which is genuine and ongoing, through demonstrating the financial aspects of your relationship, the nature of your household, the social aspects of your relationship and the nature of your commitment to each other.
If you are not married, you must have been in a de facto relationship with your sponsor for at least 12 months, unless you have registered your relationship with an Australian authority such as a Registry of Births, Deaths and Marriages.
Visa Status: If you are applying for a Partner visa onshore (i.e. applying for Partner (Subclass 820/801) visas), you must hold a substantive visa (not including a bridging visa) which is not subject to Condition 8503 (No Further Stay).
If you currently hold one of the following visas, you must have held this visa for at least 2 years before applying for a Partner visa:
Skilled – Independent Regional (Provisional) (Subclass 495) visa
Skilled – Regional Sponsored (Subclass 475) visa
Skilled – Regional Sponsored (Subclass 487) visa
Skilled Regional Sponsored (Provisional ) (Subclass 489) visa
If you currently hold one of the following visas, you must have held this visa for at least 3 years before applying for a Partner visa:
Skilled Work Regional (Provisional) (Subclass 491) visa
Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa
If you do not presently hold a substantive visa (i.e. you hold a bridging visa or you are unlawful), you may need to provide compelling reasons (amongst other additional criteria) for the grant of a Partner visa.
If you have been refused a visa in Australia, you may need to provide at least 2 statutory declarations from Australian citizens and/or permanent residents in Australia with personal knowledge of your de facto or married relationship, declared less than 6 weeks before the lodgement of your Partner visa application.
Sponsorship: Your Australian partner must be an eligible sponsor who is not prohibited from sponsoring you for a Partner visa e.g. for the following reasons:
Your Sponsor was sponsored for a Partner Visa in the last 5 years.
Your Sponsor has sponsored another person for a Partner Visa in the last 5 years.
Your Sponsor has already previously sponsored 2 persons for a Partner Visa.
Your Sponsor was granted a Contributory Parent (Subclass 143) visa in the last 5 years.
Your Sponsor holds a Woman at Risk (Subclass 204) visa granted in the last 5 years and you were in a de facto/married relationship prior to the grant of the Subclass 204 visa which was not disclosed to the Department of Home Affairs.
Your Sponsor has a significant criminal record for a relevant offence whether in Australia or overseas, i.e.:
violence, including murder, assault, sexual assault or the threat of violence
harassment, molestation, intimidation or stalking
the breach of an apprehended violence or similar order
firearms or other dangerous weapons
people smuggling
human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement
attempting to commit any of these offences
aiding, abetting, counselling or procuring such offences.
Health Requirement: You will need to undergo visa medical examinations to demonstrate that you meet the health requirement for the grant of a Partner Visa.
Where you do not meet the health requirement (e.g. due to any medical condition), you will need to demonstrate that there are compelling reasons for the waiver of the health requirement.
Character Requirement: You will need to provide police clearance certificates from all countries in which you have spent 12 months or more over the last 10 years (or since you turned 16 years of age, whichever is sooner) to demonstrate that you meet the character requirement.
Where you have a significant criminal record, your Partner visa application may be refused for your failure to satisfy the character test.
Tip 2: Provide Sufficiently Clear and Comprehensive Relationship Evidence
One of the most important aspects of a successful Partner visa application is the strength of the evidence you provide to demonstrate that your relationship is genuine.
Examples of relationship evidence you should provide include:
Photographs: Include personal photographs of you and your sponsor together at different times and in different settings (family events, vacations, holidays).
Communication records: Provide evidence of past and ongoing communication such as text messages, emails, and phone call logs.
Joint financial responsibilities: Provide evidence of your shared finances, such as through joint bank accounts, utility bills in both names and/or joint lease agreements.
Social and family recognition: Provide documents showing that your friends and family recognise your de facto or married relationship as genuine, such as letters/statements from them or invitations to family events.
Travel evidence: Provide proof of your joint travel or living together for extended periods, such as through flight itineraries or accommodation receipts.
We have published a free guide about the information and documents you should provide in support of your Partner visa application, which provides a general outline of relationship evidence which may be helpful towards your Partner visa application. Nonetheless, the exact documentation you should gather may vary depending on your individual circumstances.
The more detailed and comprehensive the evidence, and the more it aligns with the timeline of your relationship, the stronger your application will be. If you are unsure about whether you have provided sufficient information and documentation in support of your Partner visa application, you should seek professional assistance and/or legal advice from a specialist immigration lawyer to discuss your case in more detail.
Our experienced immigration lawyers can provide you with personalised legal advice about the types of documentation you can gather to demonstrate the financial aspects of your relationship, the nature of your household, the social aspects of your relationship and the nature of your commitment to each other.
Tip 3: Make Sure Your Application is Complete and Accurate
One of the most common reasons for visa refusals is submitting an incomplete or inaccurate application.
It particular, it is imperative that:
Your forms are completed accurately: Double-check each section of your visa application forms to avoid any errors or omissions and ensure that they are consistent with all of your supporting documentation, as well as information and documents you may have previously provided to the Department in another visa application (including your sponsor’s previous visa applications).
Supporting documents are properly collated, organised and clearly labelled: Present all your supporting documents in an organised and easily understandable manner so that it substantiates all the claims you are making in your Partner visa application.
Provide any additional documents required: Ensure you meet the specific requirements of the Partner visa subclasses you are applying for and submit the correct forms, including any additional documents required for secondary applicants (e.g. dependent children included as secondary applicants).
At Inclusive Migration, our experienced immigration lawyers go to great lengths to consider and review as much of a Partner visa applicant and sponsor’s previous immigration records as possible, so as to ensure that their Partner visa application is consistent with what was previously provided to the Department of Home Affairs and/or other government organisations. In particular, the Department of Home Affairs can review a visa applicant and/or sponsor’s previous Incoming Passenger Cards and/or visa applications to determine whether they are telling the truth. The Department often invites Partner visa applicants and their sponsors to comment on alleged inconsistencies and/or adverse information they have come across when cross-checking their Partner visa applications against other records.
If you are unsure about whether your application is complete, or how you might be able to address certain gaps in your Partner visa application, you should seek professional assistance and/or legal advice from a specialist immigration lawyer to discuss your next steps.
Even if you intend to lodge your Partner visa application independently without professional assistance, our experienced immigration lawyers can advise you about potential shortcomings in your case and provide you with pragmatic advice about you can pre-emptively address these issues in your Partner visa application.
Tip 4: Be Honest and Transparent
It is essential to be forthcoming throughout the application process and account for all information truthfully and accurately in your Partner visa application. For instance, all previous de facto and married relationships which you and your sponsor have been in, as well as any adverse immigration history or previous visa refusals (both in and outside of Australia) should disclosed truthfully in your visa application forms.
In particular, the Department of Home Affairs may not only take a dim view of any omissions of adverse information or the provision of any false statements, but may also refuse a Partner visa application under Public Interest Criterion (PIC) 4020 of the Migration Regulations 1994 (Cth) where they find that you have provided false or misleading information (including through bogus information or documents).
Additionally, a 3-year exclusion period may apply to people who have been refused a visa on the basis of PIC 4020, preventing you from being granted a visa for at least 3 years.
If you are concerned about how your immigration history, or your sponsor’s immigration history may affect your Partner visa application, you should seek professional assistance and/or legal advice from a specialist immigration lawyer to discuss your next steps.
Our experienced immigration lawyers can not only advise you about how you should address and/or disclose any adverse information in your Partner visa application, but also represent you and make legal submissions to the Department of Home Affairs to advocate for you.
Tip 5: Keep Track of Your Application
Even after you have lodged your Partner visa application with the Department, you must monitor the status of your application, as you may be asked to provide additional documents or attend an interview in support of your Partner visa application. You will generally be provided with around 28 days to respond to requests for more information, although the exact timeframe for your response may vary. You should also continue to provide updated relationship evidence, so as to demonstrate that you and your sponsor are still in a genuine and continuing relationship for the grant of your Partner visa.
Not all Partner visa applicants are invited to attend a Partner Visa Interview. In fact, most Partner visa applicants are not asked to attend an interview, and being invited to a Partner Visa Interview may indicate that the your application is being closely scrutinised by a decision maker to resolve any concerns or doubts in your Partner visa application. We have published a free guide on the 3 Things to Know for your Partner Visa Interview, and we urge all Partner visa applicants and sponsors who have been invited to attend an interview to seek professional advice about the interview process, so that you can go into the interview fully informed and prepared.
At Inclusive Migration, our experienced immigration lawyers monitor the status of all of our clients’ Partner visa applications, and we take steps to follow up on the status of an application where it is outside of the Department’s general processing times. We also assist with updating the Department any changes to a Partner visa applicant and sponsor’s contact details, personal details, passport details and/or circumstances, while also advising about any developments that occur during the processing of a Partner visa application.
Summary
Lodging a successful Partner visa application requires not only the completion of visa application forms and provision of relationship evidence, but also careful preparation and attention to detail to ensure that all of your supporting documents substantiate (c.f. contradict) your relationship claims.
By following our 5 Tips on How to Avoid a Partner Visa Refusal and seeking professional advice and assistance with your Partner visa application, you can improve your chances of being granted a Partner visa, and also minimise the processing times for your Partner visa application.
If you are unsure of where to start, or if you need assistance with the Partner visa process, our team of experienced immigration lawyers is here to guide you every step of the way. Should you wish to discuss your eligibility for a Partner visa, please email us at info@inclusivemigration.com.au, submit an enquiry through our contact form or send us a message on WhatsApp.
