Australia is indeed a preferable country to move in for several reasons. And if you are thinking of lodging a partner visa application, you may be weighed down with queries to ensure that your application gets approved. But what if the Department refuses your partner visa application?
You must know all the basic requirements of applying for a partner visa to Australia to eliminate the refusal chances. So, to help you analyse the reasons why an Australian Partner visa may get refused we have done some deep research works and presented this article.
But before delving into the main topic, let us start off by understanding the partner visa, its requirements, and eligibilities.
What is a Partner Visa to Australia
An Australian spouse visa is sometimes known as an Australian Partner Visa. A partner visa allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
There are four pathways of this visa:
- Partner Visa (Provisional)- Subclass 309
- A temporary visa
- It leads directly to the permanent Partner visa
- You must be outside Australia when you apply
- Partner Visa (Migrant)- Subclass 100
- A permanent visa
- You must hold a temporary Partner visa (subclass 309)
- Partner Visa (Temporary)- Subclass 820
- A temporary visa
- 1st step to apply for the Subclass 801
- You must be in Australia at the time of application
- Partner Visa (Permanent)- Subclass 801
- A permanent visa
- You must hold a temporary Partner visa (subclass 820)
Requirements for Partner Visa
The Australian partner or spouse visa is complex and may require the investment of time as well as effort. That being said, you would not want your Australian partner visa to get refused after spending much time and energy. So, keep on reading this section to understand the requirements and eligibilities needed for applying for an Australian Partner Visa.
To ensure your visa application gets approved you must:
- be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen
- be outside Australia when you apply for this visa (Subclass 309)
- hold a temporary Partner (Provisional) visa (subclass 309) (to apply for Subclass 100)
- be in Australia at the time of visa application (Subclass 820)
- hold a temporary Partner visa (subclass 820) (to apply for Subclass 801)
- in most cases, continue to be in a married or de facto relationship with your sponsor
- abide by all legal criteria stipulated under Australian law
- meet the minimum health requirement set by the Australian Government
What is meant by Australian Partner Visa refusal?
Every year thousands of overseas applicants apply for the Australian Partner visa with the hope to get united and stay with their spouse or de facto partner. However, not all the applications get approved, as some of them get rejected due to the lack of eligibility and/ or required documents. But what exactly does Partner Visa refusal means?
In simple terms, your Australian Partner Visa getting refused means the Department had disapproved or rejected your visa application. In a more elaborate way, it means the Immigration department of Australia does not think you qualify to get the relevant partner visa to settle in the country.
You must understand that the consequences for such refusal may have some serious implications on your ability to apply for any future visa application. But you should not be heartbroken, as you may challenge such refusal by applying to the Administrative Appeals Tribunal (AAT) to conduct a review. However, your eligibility to apply to AAT will depend on your circumstances.
However, you must remember that any such action will delay your visa application further. So, to avoid any such hassle, you should be informed with the right information. In addition, you can also list out the factors that may lead to your visa refusal or rejection.
Common causes for Australian Partner Visa Refusals
Now that you have understood the basic eligibilities and requirements to apply for an Australian Partner Visa, let us explore the factors that may lead to its rejection.
The foremost reason that your Australian Partner Visa may get refused is your being ineligible to apply for it. Therefore, you must have complete knowledge of all the necessary eligibility before you apply for this visa. Not only this, your inability to demonstrate your eligibility before the Department may also lead to the refusal of your visa application.
The basic eligibility to apply for a partner visa is that you must be in a genuine and long-term relationship with your spouse. The relationship must be at least 12 months old. For other eligibilities, you can refer to the above section.
Lack of evidence
Another important reason behind visa refusal is the lack of evidence. At the time of visa application, if you fail to provide the following evidence, the chances are high that your application will get refused.
- Marriage certificate
- Financial documents
- Social aspect
- Temporary or Provisional visa evidence- for the permanent visa
- Dependent child visa, if applicable
- Certificate of a genuine and continuing relationship
- Sponsorship document
- Nature of your household
You can refer to homeaffairs.gov.au to learn more about the documents you would need to provide at the time of your partner visa application.
Poor immigration interview
Interview for your visa application is very crucial. So, at the time of the interview, if you fail to recall basic facts like your marriage date, your partner’s birthday, and the way you met your partner, among others, the immigration Department may reject your application. You should also know that your answers must not contradict your partner’s responses or else the Department may consider your relationship with your partner as non-genuine.
Not meeting Schedule 3 criteria
Schedule 3 allows unlawful non-citizens of Australia to apply for an Australian visa. So if you fall in this category and fail to meet Schedule 3 of the Migration Regulations, your Australian Partner visa may get refused. Therefore, before lodging your visa application as a non-citizen or a holder of a Bridging Visa, you should ensure that you have a compelling case to make.
You must have enough evidence to state your reasons that can meet Schedule 3.
Failed character test
If you fail to meet the Character test, your Australian Partner Visa may get refused. Factors that may cause your failure may include:
- A criminal record
- Association with illegal or criminal person/group
- Lack of enduring moral character
- Your potentiality to engage in illegal conduct like molestation, intimidation, stalking, etc. in Australia
Lack of Sponsorship
At the time of your visa application, you must be in a relationship with your partner who sponsored you for the temporary visa. A lack of sponsorship may lead to the rejection of your visa application. Here you should know that your de facto partner or spouse must be able to approve himself as your Sponsor.
That being said, if you have a change in relationship, like have break-up or your sponsor dies and you fail to notify the Department, you may face visa refusal. To learn how you can act if there is a change in your situation refer to homeaffairs.gov.au.
Last but definitely not least- avoid providing any misleading information in your visa application or during the immigration interview. You must remember that before approving your application, the Department will conduct your background check and if they find any misleading information, your Australian Partner Visa may get refused.
Misleading information on the following can lead to your visa refusal:
- Wrong information about your relationship with your de facto partner or spouse
- Provide incorrect or insufficient information about yourself or your partner
- Provide bogus documents
- Misleading information about your identity
Advice to get best results
By now you have understood the factors that may lead or potentially lead to your Australian partner visa denials. So, it is very crucial for you, as a visa applicant, to be meticulous at the time of feeling the visa application form and submitting the supporting documents.
However, the whole process can be cumbersome and weigh your shoulder with queries and doubts. So, to ensure that you take the right path, and get informed about the dos and don’ts of the Australian Partner Visa, you can seek professional help. To learn more about this visa and eliminate the chances of getting your Australian Partner Visa refused, visit the website of Australian Visa Lawyer today.