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You live in the beautiful Gold Coast, Queensland, Australia. You just got back from a wonderful vacation in a tropical paradise, spent a few months there and met someone.
You find yourself daydreaming of the next time you will have a chance to go back, but it is not only that. There is this one person, named Angela, that you can’t stop thinking about.
You then decided to sponsor Angela for a partner visa after being in a long-distance relationship for quite some time, so she can come live with you Down Under and meet your family.
The process was lengthy and a lot of requirements had to be submitted. However, Angela’s partner visa was denied.
Why exactly was it refused? Let’s delve deeper into the different reasons for partner visa refusals in Australia alongside the steps you can take as your best course of action.
Partner visa refusal stories happen and it can be disheartening. What are some of the most common partner visa refusal reasons and what can you do about it? Read on to know more.
1
A partner visa covers two kinds of relationships a married relationship and a de facto relationship. The requirements for proving these relationships for the purpose of migration will vary.
First is a Married Relationship: A solid evidence would be a valid marriage contract that is recognised under Australian law.
Second, a De Facto Relationship: Needless to say, more documentary evidence is needed to prove your genuine relationship. Some of the key requirements are:
You can support your application by submitting pictures, shared financial statements, joint accounts, etc. Submitting these documents, provided they are true and accurate, gives you a higher chance of getting your partner visa approved.
2
When processing your Australian partner visa, it is also important that your partner meets the health or character requirements. This means that your partner is not diagnosed with any communicable disease and that your partner will be cleared during medical examinations. The doctor may request additional tests that may be necessary.
Meanwhile, the partner visa application may also be refused by the Department if they find that the applicant does not pass the character test. Having a criminal record or a history of engaging in criminal activities are grounds for the refusal of your partner visa.
3
Once the documents have been submitted, the application will be reviewed. The inconsistencies in your documents may also be a ground for the denial of the partner visa. Therefore, the applicant must ensure that the documents are complete and accurate.
Any mistake in the documents, be it minor or major errors in any personal information given, can be a ground for a partner visa refusal.
4
The length and nature of the relationship must be proven for a partner visa to be approved. If the partners are married, they must be married under a valid contract for the purposes of the Migration Act.
The relationship must be genuine, continuing, and there must be a showing that they live together (or apart but not on a permanent basis). Your de facto relationship can be proven through documents such as joint liabilities and shared property ownership.
Additionally, your friends and family must know and attest that you both are, as a matter of fact, in a genuine and continuing relationship. Apart from that, the length of the relationship, the degree of companionship, and emotional support that the partner draws from each other must be evident.
5
Among the partner visa refusal reasons is a previous immigration history or a visa violation of either partner. Some of the examples are overstaying in the destination country, working without a proper working visa, and engaging in activities that are not allowed under the visa being held by the partner.
A change in the relationship status between the partners is also a ground for a partner visa refusal.
A notice of refusal, accompanied by another document, will be sent to the partner visa applicant. Here are two main steps you can take immediately after receiving the visa decision.
What went wrong? Reviewing the decision and what caused the refusal is very important to help you take your next legal step. Receiving a negative result can be really heartbreaking but there are actions you can take to reverse the decision or reapply for another one.
Appeals for visa refusal may be made with the Administrative Appeals Tribunal or AAT. The AAT will conduct an independent review of the refusal case and has the power to overturn a decision if it finds that it is unfair or contains errors. Appeal must be made within 21 to 28 days upon receipt of the notice of refusal.
An appeal may also be made with the Minister of Immigration for humanitarian and public interest grounds.
After identifying the cause of refusal, a visa reapplication or appeal is your next best step. Consider consulting with a migration lawyer on what is the best way to appeal your case or if reapplication would be the most suitable option for your specific circumstances.
Talk to one of our Visa Experts Now.
Don’t fret because reapplication is still possible even after the refusal. Once the notice of refusal is received, it is important to review the reasons for refusal provided by the Department of Home Affairs.
Identify and understand the reasons why your partner visa was refused and start preparing additional evidence that will aid to build a stronger application next time.
Once you have identified and examined the reasons for the partner visa refusal, there’s no harm in trying again. Once you feel that you have gathered sufficient evidence to prove the relationship, you may consider reapplication.
In case health concerns are the reason, reapplication may be made once the applicant is eligible under the health requirement. Financial requirements can also be one of the reasons for a partner visa to be denied, therefore, once the partner is more financially stable, reapplication can be made.
Once you have identified the reason for the refusal and you have been advised by a registered migration agent that reapplication is the best pathway, make sure to gather sufficient and complete evidence.
You prove that you and your partner are in a genuine and continuing relationship, and that all the other eligibility requirements are fully satisfied without missing documents.
Partner visa refusal cases like yours happen frequently. It’s important to know the most common reasons why partner visas get denied, and to take these in mind to prevent similar outcomes from happening in the future.
It’s likewise important to know which immediate steps after a refusal you can take with professional advice from an immigration specialist.
We at Parish Patience Immigration Lawyers can provide a helping hand in resolving your case and fight for it. Contact our office today for consultation and tailored assistance.
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Here is what some of them have said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
