Do you plan to submit a partner visa application? The best chance of a good outcome and avoiding a partner visa refusal is to be well-informed about the requirements and make sure that you fully address these in your application. In this essay, we outline the primary causes of partner visa denials to aid you in navigating this process. But first, let’s examine what the partner visa class involves and who might be qualified before we get into the reasons a partner visa might be denied.
A Partner Visa: What Is It?
The partner visa category consists of a number of choices, each of which is created to serve a particular function.
First off, you might be eligible to apply for a Subclass 820/801 Partner visa if you are married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen and you are onshore. This is a dual application for a visa allowing both temporary and permanent-term residency.
The Subclass 309/100 Partner visa is the comparable offshore application if you are not in Australia.
What Is a Refusal of a Partner Visa?
What precisely is a partner visa refusal now that we have a clearer understanding of a partner visa and who might qualify for one?
If you receive a refusal, it means the Department has rejected your partner visa. As a result of this decision, Immigration has determined that you are ineligible for the pertinent partner visa. Making such a decision could have major consequences, one of which is that it might apply it more difficult for you to get another visa for Australia.
You might be able to appeal the decision if your application for a partner visa has been rejected by submitting an application to the Administrative Appeals Tribunal (AAT) for a review. Your particular situation will determine whether or not you have any such choices if your partner visa application is rejected.
Even if you decide to explore one or more of your available options, keep in mind that doing so will impede your ambitions for an Australian visa track. For instance, partner visa refusal cases to the AAT may take a long time to conclude (several years in some partner visa refusal cases), and there is no assurance that the appeal will be successful.
To avoid a partner visa refusal altogether is therefore always preferable. The best way to do this is to arm yourself with the necessary knowledge, and then apply by submitting a full, accurate application that is accompanied by thorough supporting documentation to substantiate your claims only after you have conclusively established that you are eligible for the relevant partner visa.
What Could Cause a Partner Visa Application to Be Rejected?
The Partner Visa Is Eligible for You
Establishing your eligibility for the relevant visa you wish to apply for is the single most crucial step in the application process for a partner visa. This means having a thorough awareness of all the prerequisites for eligibility and knowing how to prove to the Department that you meet them and are thus eligible for visa issuance. If you don’t, you might result in a visa for which you are eligible, and the partner visa will be rejected as a result.
We advise that you begin the process by speaking with a migration specialist who can walk you through it, given the extremely complicated nature of the migration provisions. To determine your eligibility for a partner visa, they will look at your situation, including your migration goals and needs, and will carry out a thorough visa evaluation. These professionals are at the cutting edge of the most recent migration advancements, have received intensive training, and are working in the industry day in and day out.
Getting that advice upfront before you proceed to complete and submit your application on your behalf can be very helpful in putting you in the right direction and on the right path, helping to maximize your chances of a successful outcome, and preventing a potential partner visa refusal and the consequences that this may bring.
Approval of Sponsorship
To be approved as your Sponsor, your partner or spouse must meet several requirements. This covers things like earnings, moral character, citizenship, and Australian residence status. Your application will be rejected if these requirements are not met.
The application process for partner visas is also under consideration for significant modifications that may be implemented at any time. Due to these modifications, your visa application cannot be submitted until the sponsorship has been approved (whereas currently, both the visa and sponsorship applications are lodged concurrently).
Your application’s delay can have further repercussions. For instance, it can mean that you have to adhere to Schedule 3 requirements (as discussed above). Alternatively, you might need to apply for a different temporary visa while your partner waits for their sponsorship to be approved.
Limitations on sponsorship might also be present if your spouse or companion:
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