Common Issues May Arise with Partner Visa Applications

Applying for a Partner visa is often an emotional and overwhelming process. However, many applicants encounter unexpected issues that can cause delays, refusals, or complications. Knowing these challenges in advance can help you identify any possible issues early on and avoid unnecessary delays and unfavourable visa results.

What are the Common Issues that May Occur for a Partner Visa Application?

Ensure all required documents are submitted upfront. Partner visas are known for their lengthy processing times, which often stretch an average of 4 years to be granted for permanent residency (PR) status. Prepare a decision-ready visa application to avoid unnecessary delays.
Gather necessary supporting documents early. If the Department of Home Affairs (DoHA) requests further documents to be provided, failure to provide the correct and updated documents within the required timeframe is one of the most common issues.
If your relationship with your sponsor ends, changes, or even reconciles during the application process, you must notify the Department. In cases where the sponsor passes away, applicants must also notify the Department and provide relevant evidence. Failing to inform them promptly can affect your visa eligibility.
Unfortunately, some applicants experience family violence during the visa process. In these situations, you may still be eligible for a permanent Partner visa under the Family Violence Provisions. Seek legal advice immediately if you are experiencing family violence.
Declare any character convictions, including minor offences. Both sponsors and applicants must provide police checks. Missing or incorrect checks may result in delays or even a visa refusal.
Plan ahead if you wish to include your children in your Partner Visa application. Applicants often overlook the process of adding dependent children, and late additions may complicate the process. If the main Partner visa has already been lodged, the children may apply for a Dependent Child visa (Subclass 445), provided they meet the visa eligibility requirements.
Check your visa conditions in VEVO before making travel plans. If you are on a bridging visa while waiting for a decision, leaving Australia may affect your visa status. Special travel conditions apply depending on the type of visa you hold.

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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