Last Update

September 26, 2024

Why Was Your Australian Partner Visa Refused? Insights and Actions

You live in the beautiful Gold Coast, Queensland, Australia. You just got back from a wonderful vacation in a tropical paradise, spent a few months there and met someone.

You find yourself daydreaming of the next time you will have a chance to go back, but it is not only that. There is this one person, named Angela, that you can’t stop thinking about.

You then decided to sponsor Angela for a partner visa after being in a long-distance relationship for quite some time, so she can come live with you Down Under and meet your family.

The process was lengthy and a lot of requirements had to be submitted. However, Angela’s partner visa was denied.

Why exactly was it refused? Let’s delve deeper into the different reasons for partner visa refusals in Australia alongside the steps you can take as your best course of action.

Partner Visa Refusal Australia: Top Reasons

Partner visa refusal stories happen and it can be disheartening. What are some of the most common partner visa refusal reasons and what can you do about it? Read on to know more.

Insufficient Evidence of a Genuine and Ongoing Relationship

A partner visa covers two kinds of relationships a married relationship and a de facto relationship. The requirements for proving these relationships for the purpose of migration will vary.

First is a Married Relationship: A solid evidence would be a valid marriage contract that is recognised under Australian law.

Second, a De Facto Relationship: Needless to say, more documentary evidence is needed to prove your genuine relationship. Some of the key requirements are:

You and your partner must have been together for at least twelve (12) months before the application or the de facto relationship must have been registered before lodging your application
Either one of you must be an Australian citizen.
You must be living together. If living apart, it must only be temporary and that you intend to be together before or after the visa is granted.
Both of you must show a genuine and continuing relationship and the intention to live a shared life.

You can support your application by submitting pictures, shared financial statements, joint accounts, etc. Submitting these documents, provided they are true and accurate, gives you a higher chance of getting your partner visa approved.

Failure to meet health or character requirements.

When processing your Australian partner visa, it is also important that your partner meets the health or character requirements. This means that your partner is not diagnosed with any communicable disease and that your partner will be cleared during medical examinations. The doctor may request additional tests that may be necessary.

Meanwhile, the partner visa application may also be refused by the Department if they find that the applicant does not pass the character test. Having a criminal record or a history of engaging in criminal activities are grounds for the refusal of your partner visa.

Inconsistencies in the documents submitted.

Once the documents have been submitted, the application will be reviewed. The inconsistencies in your documents may also be a ground for the denial of the partner visa. Therefore, the applicant must ensure that the documents are complete and accurate.

Any mistake in the documents, be it minor or major errors in any personal information given, can be a ground for a partner visa refusal.

Lack of evidence for the length and nature of the relationship:

The length and nature of the relationship must be proven for a partner visa to be approved. If the partners are married, they must be married under a valid contract for the purposes of the Migration Act.

The relationship must be genuine, continuing, and there must be a showing that they live together (or apart but not on a permanent basis). Your de facto relationship can be proven through documents such as joint liabilities and shared property ownership.

Additionally, your friends and family must know and attest that you both are, as a matter of fact, in a genuine and continuing relationship. Apart from that, the length of the relationship, the degree of companionship, and emotional support that the partner draws from each other must be evident.

Previous immigration history or visa violations by either partner:

Among the partner visa refusal reasons is a previous immigration history or a visa violation of either partner. Some of the examples are overstaying in the destination country, working without a proper working visa, and engaging in activities that are not allowed under the visa being held by the partner.

A change in the relationship status between the partners is also a ground for a partner visa refusal.

Immediate Steps to Take After Refusal

A notice of refusal, accompanied by another document, will be sent to the partner visa applicant. Here are two main steps you can take immediately after receiving the visa decision.

Reviewing the Decision

What went wrong? Reviewing the decision and what caused the refusal is very important to help you take your next legal step. Receiving a negative result can be really heartbreaking but there are actions you can take to reverse the decision or reapply for another one.

Consider the Appeal Options

Appeals for visa refusal may be made with the Administrative Appeals Tribunal or AAT. The AAT will conduct an independent review of the refusal case and has the power to overturn a decision if it finds that it is unfair or contains errors. Appeal must be made within 21 to 28 days upon receipt of the notice of refusal.

An appeal may also be made with the Minister of Immigration for humanitarian and public interest grounds.

Consultation with a Migration Agent or Lawyer

After identifying the cause of refusal, a visa reapplication or appeal is your next best step. Consider consulting with a migration lawyer on what is the best way to appeal your case or if reapplication would be the most suitable option for your specific circumstances.

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Can You Reapply After a Refusal?

Don’t fret because reapplication is still possible even after the refusal. Once the notice of refusal is received, it is important to review the reasons for refusal provided by the Department of Home Affairs.

Identify and understand the reasons why your partner visa was refused and start preparing additional evidence that will aid to build a stronger application next time.

When to Consider Reapplication

Once you have identified and examined the reasons for the partner visa refusal, there’s no harm in trying again. Once you feel that you have gathered sufficient evidence to prove the relationship, you may consider reapplication.

In case health concerns are the reason, reapplication may be made once the applicant is eligible under the health requirement. Financial requirements can also be one of the reasons for a partner visa to be denied, therefore, once the partner is more financially stable, reapplication can be made.

Preparing a Stronger Application

Once you have identified the reason for the refusal and you have been advised by a registered migration agent that reapplication is the best pathway, make sure to gather sufficient and complete evidence.

You prove that you and your partner are in a genuine and continuing relationship, and that all the other eligibility requirements are fully satisfied without missing documents.

Conclusion

Partner visa refusal cases like yours happen frequently. It’s important to know the most common reasons why partner visas get denied, and to take these in mind to prevent similar outcomes from happening in the future.

It’s likewise important to know which immediate steps after a refusal you can take with professional advice from an immigration specialist.

We at Parish Patience Immigration Lawyers can provide a helping hand in resolving your case and fight for it. Contact our office today for consultation and tailored assistance.

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