Top Partner Visa Refusal Reasons and How to Avoid Them
Applying for any Australian visa is a huge step, and Partner visas are no different; understanding the common mistakes and being prepared can lead to a more favourable result to meet your visa objective. There are two main Partner Visa subclasses:
Onshore Partner Visa (Subclass 820/801): For couples already in Australia.
Offshore Partner Visa (Subclass 309/100): For couples where the visa applicant is outside Australia.
Regardless of which pathway you choose, it's important to understand the common refusal reasons to navigate your application effectively.
Top Reasons for a Partner Visa Refusal
Not Meeting the Initial Requirements:
Key Mistake: Failing to meet the 12-month relationship requirements.
How to Avoid: You must be married, register your relationship, or demonstrate that you have lived together in a genuine de facto relationship for at least 12 months before lodging your application.
Lack of Supporting Evidence:
Key Mistake: Applying without attaching sufficient supporting documents.
How to Avoid: Ensure your application includes comprehensive evidence to meet the criteria of the four pillars. We have put together an article on how to demonstrate the Partner Visa Four Pillars Document Checklist, which covers all the following categories:
Financial Aspects
Social Aspects
Nature of the Household
Nature of Commitment
Character Test Issues
Key Mistake: Either the applicant or the sponsor fails to meet the character requirements.
How to Avoid: Disclose any criminal history fully and honestly in your application. Note that if a criminal conviction is for more than 12 months, it may be considered a complex visa matter; we highly recommend seeking advice from an Accredited Specialist in Immigration Law on the legal options of a waiver of conditions.
Key Mistake: Applicants do not meet the health requirements (PIC4005 or PIC4007) of the visa application.
How to Avoid: Ensure that you meet the required health criteria. However, if you have ongoing health issues, you may be eligible to apply for a health waiver.
Additional Tips for a Successful Application
Gather all documents at the time of visa lodgement; this ensures that your decision-ready application is processed faster. An incomplete application can lead to processing delays.
Ensure that your application and all of the documents are clear and legible.
Related:
How Do Previous Visa Refusals Impact Your Partner Visa Application?
How to Prove a Genuine Relationship for Partner Visas – Beyond the Basics
How Can Agape Henry Crux Assist
Seeking the professional guidance of one of our immigration lawyers before lodging your application can ensure that all aspects of your application meet the Department's criteria and are presented in the strongest possible way. The team works closely with two of our Accredited Specialists in Immigration Law, as they specialise 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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