If you’re considering lodging a partner visa application to join your Australian partner, understanding the requirements and preparing your application thoroughly is essential. By addressing all necessary aspects, you can significantly increase your chances of success and avoid a potential partner visa refusal.
In this article, we’ll explain the most common reasons for partner visa refusals, guide you through the partner visa process, and provide tips to help you successfully navigate your application.
What Is a Partner Visa?
A partner visa allows individuals to live in Australia with their Australian citizen, permanent resident, or eligible New Zealand citizen partner. The partner visa class includes several visa options, each designed to suit specific relationship situations.
- Subclass 820/801 Partner Visa (Onshore): If you are in a genuine marriage or de facto relationship with an Australian partner, you may apply for this combined visa. It includes both a temporary and permanent visa.
- Subclass 309/100 Partner Visa (Offshore): For those applying from outside Australia, this visa also offers a temporary and permanent visa combination.
- Subclass 300 Prospective Marriage Visa (Offshore): If you are engaged to an Australian citizen or permanent resident, you may apply for this visa while offshore. It allows you to marry and then transition to a partner visa.
Relationship Requirement: What Does It Mean?
The core of any partner visa application is your relationship. Whether applying as a married couple or in a de facto relationship, your application must demonstrate that your relationship is genuine, ongoing, and legally recognized.
For a spouse visa, your marriage must be legally valid under Australian law, meaning that marriages performed overseas might not always be recognized. For a de facto relationship, it must meet the Australian migration provisions, which may differ from how de facto relationships are understood in other countries.
Additionally, a de facto relationship has extra eligibility criteria that need to be met to qualify for a partner visa.
What Is a Partner Visa Refusal?
A partner visa refusal means that your visa application has been rejected by the Department of Home Affairs. This could happen for various reasons, including not meeting eligibility criteria, insufficient evidence, or submitting incorrect or false documentation.
The consequences of a visa refusal can be significant. Not only does it delay your plans to live in Australia, but it can also affect your ability to apply for other visas. In some cases, you may have the option to appeal the decision to the Administrative Review Tribunal (ART), but this process can take years and doesn’t guarantee a successful outcome.
Therefore, it’s crucial to submit a complete and well-prepared application from the beginning to avoid delays and potential refusals.
Common Reasons for Partner Visa Refusal
1. You Are Not Eligible for a Partner Visa
The most critical step in the partner visa application process is confirming your eligibility. Each visa subclass has specific requirements that must be met, and if you fail to establish your eligibility, your application may be rejected.
We highly recommend consulting with a migration agent who can assess your individual situation, ensuring that you meet all the eligibility criteria and guiding you throughout the application process.
2. Insufficient Evidence
One of the most frequent reasons for partner visa refusal is a lack of evidence proving that your relationship is genuine. The Department of Home Affairs needs to assess various aspects of your relationship, including:
- Financial aspect (shared finances, joint accounts)
- Social aspect (socializing together, attending events as a couple)
- Nature of your household (living arrangements)
- Commitment to each other (long-term plans, children, etc.)
It’s crucial to provide detailed and consistent evidence that covers the entire history of your relationship. This includes photos, bank statements, joint leases, and social media profiles. Inconsistent or conflicting information could raise doubts about the authenticity of your relationship, leading to a refusal.
3. Failure to Meet Schedule 3 Criteria
If you are applying from within Australia and are an unlawful non-citizen or on a Bridging Visa, you must meet Schedule 3 of the Migration Regulations. This schedule applies to individuals who have overstayed their visa or have not complied with visa conditions. Failing to meet these criteria could result in a visa refusal.
4. Poor Interview Responses
In some cases, the Department may ask you to attend an interview. If you or your partner cannot recall key details about your relationship, such as when you met, important dates, or family details, it may raise concerns that the relationship is not genuine.
5. Public Interest Criteria 4020
If you submit misleading, false, or incomplete information or documents, your visa application could be refused under Public Interest Criteria 4020. This could also lead to a ban on applying for visas for several years, so it’s critical to ensure all your documents and information are accurate and verifiable.
6. Character Test
If you or your partner have a substantial criminal record or pose a risk to the Australian community, your application may be refused. It’s essential to pass the character test, which assesses your moral standing and criminal history.
7. Sponsor Issues
Your sponsor must meet specific requirements, including their income, character, and citizenship status. If your sponsor fails to meet these criteria, your application will be rejected. Sponsorship changes may also delay the process, so it’s important to ensure your sponsor is eligible before applying.
8. Incorrectly Adding Children
If you are including children in your application, ensure they meet the dependency criteria. Children aged 18–23 must meet dependency requirements, and if your child no longer qualifies when the decision is made, they may be excluded from the visa.
Tips to Avoid Partner Visa Refusal
- Start with Professional Advice: Consult a registered migration agent before starting your application to understand your eligibility.
- Provide Thorough Evidence: Submit all required documents, including detailed evidence of your relationship.
- Ensure Consistency: Ensure that all details in your application, documents, and interviews match. Any inconsistencies may lead to doubts about your relationship.
- Meet All Visa Requirements: Double-check that all visa criteria, such as character requirements and sponsorship eligibility, are met.
Get in Touch with Us Today
Navigating the partner visa application process can be challenging, but with the right preparation, you can avoid the common pitfalls that lead to refusals. If you’re ready to apply or need assistance with your application, get in touch with us today. Our team of experienced migration agents is here to guide you through every step of the process, ensuring you submit a strong, complete application.
For more information on partner visas and expert advice tailored to your unique situation, contact us today to start your journey toward living with your partner in Australia.
