Being one of the favourite destinations for emigrants, Australia offers a variety of visas to people with various cultural, religious, financial, and academic backgrounds. Each visa comes with its special requirements, costs, and processing time. Due to their increased flexibility, partner visas are now one of the mostly-wanted visas. Partner visas have two types, onshore partner visa and offshore partner visa. The prospective marriage visa also suits those who intend to marry within nine months after their visa is approved. The 2021-22 budget allows for 70000 partner visas but, not all applicants manage to get one. Many partner visas are rejected each year due to overlooking one or several requirements. In this article, we are going to tell you about the main causes of partner visa refusal and how to avoid them.
Not being eligible
Simply put, many applicants mistakenly assume that they are eligible for a certain type of partner visa and apply for it. The result is always the same, rejection. Having a genuine and continuing relationship is not the only thing you should prove. There are certain requirements that an applicant must meet before they could get a visa. Given your current situation and how you intend to continue your relationship with your partner, you might be eligible for one of the partner visas offered by the Australian government. In many cases, due to being misinformed, applicants may apply for the wrong visa and get shocked when they are rejected! In order to prevent this, you are highly recommended to consult a good migration agency and preferably have a Registered Migration Agent or lawyer to handle your case. This way, you will receive accurate information regarding all partner visas and will be able to make the perfect decision.
Not providing sufficient evidence
More often than not, applicants are rejected because they have provided insufficient documents to the Department of Home Affairs. It might be because the applicant did not attach all the required documents or provided documents that seem fake or misleading. As an example, one way you could prove that you have been in a long relationship is to provide travel tickets or shopping bills. If there are any mismatches regarding the dates or places you visited, then your evidence might be regarded as misleading or insufficient. The required documents could be concerned with one of the following:
- Financial aspects
- Social aspects
- Nature of the household: Documents showing house-related responsibilities each partner takes.
- The nature of the commitment
To ensure that you are providing sufficient documents, it is highly recommended you have a Registered Migration Agent to handle your case.
If you have decided to lodge the application yourself, you had better take these steps. First, contact a Registered Migration Agent and learn about different partner visa types and their eligibility criteria. They can help you choose the right partner visa(s). Then, make a checklist of all the documents you must provide and gather as much supporting evidence as you can. It would be wise to have a final check with a migration agent before you submit your application.
Failing the character test
An applicant may fail the character test if they have:
- served 12 months or more imprisonment.
- Been sentenced to death or life imprisonment.
- Committed an offence, but the court did not find them fit to plead, and they were consequently held in custody in an institution.
- Been a member of or in contact with a criminal group or organisation.
- Engaged in human smuggling, murder, torture, sexual assault, or child abuse activities.
You can find more information here: https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character
It is very important to contact a migration agent if you have any substantial criminal record in or outside Australia.
Failing the interview
As a part of your visa application process, you may be invited to an interview. Unfortunately, many applicants do not take the interview session as seriously as they should and perform poorly. In many cases, this results in visa rejection. The interview might be held in person, online, or via phone call, depending on your situation. They may ask you questions regarding your relationship with your partner in order to make sure that your relationship is a genuine one. Plan ahead and get prepared for questions regarding:
Special dates such as when you and your partner met for the first time or the date you got engaged or moved in together.
- How and where you met.
- People knowing about or involved in your relationship.
- Gifts exchanged between you and your partner.
- Details about your partner’s parents such as their job, age, interests and so forth.
Please make sure you and your partner are clear on all these points so that the information you provide is consistent.
Nominator ineligibility
Applying for a partner visa requires your partner to sponsor you. Your partner should meet several eligibility criteria to be able to sponsor you. Before nominating your partner as your sponsor, make sure that they meet all the eligibility criteria.
Violating the Public Interest Criteria (PIC) 4020
As previously mentioned, one of the things applicants should be cautious about is the information they provide regarding themselves and their partner. To satisfy the Public Interest Criteria 4020, also known as PIC 4020, you must provide accurate information. If an applicant provides false or misleading information or bogus documents, they will fail to satisfy PIC 4020.
Failing to satisfy the PIC 4020 can have serious consequences, a 3-10 years ban.
What should I do if my partner visa is refused?
If your visa application has been refused, you may still have a chance to appeal to the AAT and ask for your application to be reviewed again. AAT is an independent organisation that reviews the decisions made by the Department of Home Affairs. The primary duty of the AAT is to determine whether or not the immigration department has made the right decision regarding your visa refusal.
How to avoid partner visa refusal?
Seeking consultation from a migration agent can help increase your chances of avoiding a visa refusal. We, at Migration Door Australia, can provide you with valuable guidance to ensure that your application is complete, accurate, and meets all the necessary requirements.
Here’s how we help you avoid visa refusal:
Knowledge of immigration laws: Our migration agents have a deep understanding of immigration laws and policies. They stay up-to-date with any changes or updates that may impact visa applications. By consulting with a migration agent, you can ensure that your application adheres to the current requirements, reducing the risk of refusal due to lack of compliance.
Assistance with document preparation: We guide you through the process of gathering and preparing the required documents for your visa application. We help you compile the necessary evidence, ensuring that it is comprehensive, relevant, and meets the specific requirements of your visa subclass. This can help strengthen your application and minimize the chances of refusal due to insufficient or incorrect documentation.
Application review and quality control: Our migration agents can review your visa application before submission, checking for any errors, inconsistencies, or omissions. They can provide valuable feedback and suggest improvements to enhance the quality of your application. This attention to detail can help minimize the risk of refusal based on technical grounds.
Addressing complex issues: Some visa applications may involve complex issues such as health or character requirements, relationship authenticity, or meeting financial obligations. Our migration agents are experienced in handling such complexities and can provide guidance on how to address them effectively. Their expertise can help you navigate potential pitfalls and minimize the chances of refusal.
Communication with immigration authorities: If there is a need for communication or clarification with the Department of Home Affairs during the application process, our migration agents can act as your representative. They can handle correspondence, address any concerns, and provide additional information as required. This can help ensure clear and accurate communication, reducing the risk of misunderstandings that could lead to refusal.
Avoid the Heartbreak of Refusal
One small mistake can lead to a rejection. Check your “Red Flag” risk factors before you lodge.
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My husband is australian citizen he applied partner visa offshore 309/100 for me
Everything which is required for my partner visa v provided 15 months has been passed
Will My husband submit his bank statement?or my I mean wife bank statement should b submitted???
My spounce visa got refused cause it didnt show hmrc website my income as accountant entered wrong date of birth so immigration thought I’d falsified income which wasnt right but after contacting my accountant he said he had entered wrong dob that’s why it didnt show income on hmrc but now after the accountant rectified this it showed the right hmrc information but now I have appealed which can take up to 12 months to see if I was successful or not but that was the only ground immigration refused my application if it wasnt for my accountant entering the wrong dob it would of been approved
My husbands partner visa got refused. I really need some assistance as he only has 34 days on bridging visa B.
Could you please provide your quote on your assistance if I have to lodge my partner visa application.
I need information for subclass 476 spouse visa
Hello, how are you? My partners visa was refused what shouted do