Why is your Partner visa refused?
So, what are the Partner visa refusal reasons?
With my job as an Australian immigration lawyer, I come across a lot of couples full of hopes and dreams together, such as plans to buy a house, start a family, and start a career and achieve financial goals. To make all of this happen, a partner visa is a very important first step.
Seeing your visa application being refused is definitely heartbreaking and stressful and the consequence of it will unfortunately delay all of your earlier mentioned plans.
There are many reasons as to why a visa application can go wrong. In this article we will specifically deal with the three most common reasons for Partner visa refusal, either offshore or onshore.
If you are preparing your visa application yourself, and you are reading this article, you will learn what to avoid.
Otherwise, if you’ve already applied for a partner visa yourself but it was unfortunately refused, this article will provide some tips on what you can do next.
If your visa application was recently refused, you can also read our other article on what to do when a visa application is refused by clicking here.
3 Common Reasons for Partner Visa Refusal
Jay Son – Australian Immigration Lawyer
Jay Son is our Principal Immigration Lawyer and Director of Hummingbird Legal, admitted to the Supreme Court of Queensland and the High Court of Australia. Jay is based in Queensland, Australia and practises exclusively in Australian immigration law.
Jay is a strong migration advocate and is highly experienced in complex partner visa cases as well as challenging government decisions in relation to Australian immigration law. He solves difficult migration matters and visa problems including visa refusals, Schedule 3 submissions, health waiver and character concerns, and so on.
If you want to learn more about Jay, click here.
Reason #1 – Your Relationship Status Matters
So, as you would normally expect, partner visa is all about your relationship and so you will need to provide a good amount of relevant relationship evidence to prove to the Department that your relationship is genuine and continuing. However, this is not the only thing that you need to worry about.
Before you start thinking about collecting your proof of relationship, there is one step before this that you should worry about first.
This pre-conditional step is that you must first prove that you are either married to your Australian sponsor or in a de facto relationship with your Australian partner. Now this is a very important step, because if you don’t have proper evidence that you are either married or in a de facto relationship, it does not matter how well crafted your relationship evidence is before the Department.
If you are married, whether your marriage took place overseas or in Australia, it must be recognised in Australia, or on the other hand, if you are in a de facto relationship, you must have lived together for at least 12 months or your relationship must be registered with an Australian state or territory that recognises civil relationship registration for migration purposes.
Reason #2 – Your information was not consistent
Consistency is everything when it comes to Partner visa applications. Any inconsistency will be a red flag to the visa processing officer reviewing your application so this is very important.
So this includes all of the key dates and places that you’ve been together in your relationship.
When you prepare your application, you will write a relationship statement. Now, one document that holds substantial weight in your application is the relationship statement. This is a document which explains the genuine nature and uniqueness of your relationship in your own words. It is vital that date-specific information is consistent between the applicant and sponsor.
A common mistake is thinking that because you know your relationship very well, you expect that the Department will easily agree your view. But please remember immigration officers do not know your relationship like you do, and you have to make an effort to make sure that whatever information you provide about your relationship is as consistent as possible.
A few areas of critical consistency that you should be aware of are:
- The date and how you and your partner started talking to each other
- The date and place you and your partner first met in person;
- The date you and your partner first considered your relationship to be official and why
- And all other key dates like buying gifts for each other, when you moved to live in together, when you got married or any date with special events that occurred in your relationship
So it’s very important to double check that all of the dates in your relationship statement match up not only with your partner’s relationship statement, but also with all of the other evidence you’ve submitted for the application.
Reason #3 – You didn’t realise you had a complex partner visa case
So as much as I try not to say this too often, Australian immigration is complicated.
When it comes to a partner visa in Australia, obviously it is mostly about your relationship. The Department will be interested in knowing a lot about your relationship when they assess your application. However, it is not always just about your relationship.
What it means is that the reason why your partner visa may get refused may not be because of your relationship but because of other visa requirements given your and your Australian sponsor’s individual circumstances. Because of these other visa requirements, you might actually have a complex case without knowing it.
These other visa requirements include, for example, the health and character requirements, identification requirements, and your Australian sponsor’s eligibility for your partner visa as well as meeting the Schedule 3 criteria, if you are applying from a non-substantive visa such as bridging visa.
If you are looking for more information about Schedule 3 requirements, we have a different article specific to that topic. You can click here to read our Schedule 3 related article, or you can watch our video about it here.
Yes, you may have a very strong and long standing relationship with your Australian sponsor which will obviously help with satisfying the relationship requirement of your application, but if you don’t satisfy any one of those other visa requirements listed above or you didn’t know that you had to satisfy these requirements, you may not be granted your visa altogether.
You can find out about your full visa eligibility for all of these other requirements as well as your relationship requirements by just talking to an experienced Migration Lawyer. Your Migration Lawyer will listen to what you have to say and can advise you on the likelihood of success with your partner visa surrounding all applicable visa requirements. From initially understanding your relationship, all the way to discussing every nitty gritty detail about your other visa eligibility requirements. Your lawyer will discuss your case with you in full and make sure that you are able to get the desired outcome as long as you are eligible.
So, these are the three (3) common reasons why your partner visa application may be refused.
If you have any questions about your partner visa eligibility or you wish to discuss about your partner visa refusal, we can help you.
We have helped many clients get their complex partner visa applications approved. We assist our clients by identifying their most compelling arguments, compiling all relevant evidence, and drafting persuasive submissions on their behalf. We will talk to you and other relevant people around you to understand your case and gather the required evidence.
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