What are the Common Reasons for Partner Visa Refusals?
Applying for a partner visa (Subclass 820/801 or 309/100) can be a complex process to bring your partner to live together in Australia. However, not all applications will be successful as expected. Understand the common mistakes partner visa applicants may make to prevent your visa from getting an unfavourable decision.
What are the Common Reasons for Partner Visa Refusals?
One of the main reasons for partner visa refusals is the lack of sufficient evidence demonstrating a genuine and continuing relationship.
The Department of Home Affairs (DoHA) requires detailed supporting evidence that the relationship is legitimate, committed, and ongoing. If documents and/or information provided are bogus, false or inconsistent, the visa application may be refused due to Public Interest Criterion (PIC) 4020.
Ensure that the visa requirement is met, especially that the visa applicant is holding a substantive visa while lodging the application to satisfy Schedule 3 criteria and avoid a visa refusal.
The sponsor's eligibility is equally critical in the assessment process. Reasons for a sponsorship limitation include:
Failure to meet character requirements due to having a criminal record or a sexual offence.
All visa applicants must meet health and character requirements to be granted a visa. If one of the applicants does not meet the criteria, a “one fail, all fail” visa refusal decision may result.
DoHA may request additional information or clarification during the processing of a visa application. Failure to respond promptly or adequately to these requests could result in a refusal.
What Can I Do If I Receive a Partner Visa Refusal?
If your visa has been refused, you may have the right to appeal to the Administrative Review Tribunal (ART). If you wish to proceed with this pathway, speak with an expert for professional guidance, as the process may be technical and complicated.
Related:
What Happens if I Don't Apply for the Partner Visa Second Stage (Subclass 801 or Subclass 100)?
Navigate the Transition from Skills in Demand Visa (Subclass 482) to Partner Visa
How Can Agape Henry Crux Assist
Each circumstance is unique, and getting advice from an Accredited Specialist in Immigration Law at Agape Henry Crux may be beneficial for you to meet your visa goals and avoid a refusal. The team specialises in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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