The most common reasons for partner visa refusals in Australia

The Australian Partner Visa plays a crucial role in reuniting couples from different countries, allowing them to live together and build a life in Australia, thereby promoting family cohesion and cultural diversity.

Are you thinking about applying for a Partner Visa? Are you afraid about making mistakes that might jeopardize your application? Look no further, in this piece, we will identify the typical pitfalls in the Partner Visa application process that could result in refusals and provide you with valuable insights on how applicants can avoid these common pitfalls. 

What is a Partner Visa?

The Partner Visa allows the partner or spouse or de facto partner of an Australian citizen,  Australian permanent resident, or eligible New Zealand citizen, to live in Australia. There are essentially two main types of partner visas.

For onshore applicants (Subclass 820/801)

Subclass 820 is a temporary partner visa, which is the first step to the two-step process of a Partner Visa. This temporary visa is specifically applicable to applicants who are in Australia and in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. This step is then followed by applying for the Subclass 801, that is the permanent partner visa. Subclass 801 allows you to live, work and study in Australia indefinitely and apply for Australian citizenship, if eligible. 

For offshore applicants (Subclass 309/100)

Subclass 309 is similar to Subclass 820, except this visa is specifically applicable to applicants who are outside Australia. This step is followed by an application for Subclass 100, which is a permanent partner visa. 

Simplified outline of the application process

Step 1: Check your eligibility for this visa

Step 2: Apply for both subclass temporary and permanent visas

Step 3: Await outcome for the temporary visa application

Step 4: Supply the Department of Home Affairs with further documentation after 2 years

Step 5: Await outcome for the permanent visa application

Prior to applying, it is vital to check your eligibility for the visa to ensure that you are applying for the correct visa category. In applying for a Partner Visa, it is important to gather and prepare your documents and provide all required information with your application, or as soon as possible after you apply as this will reduce the processing delays. The necessary documents include identity documents, evidence of relationships and health checks. Understanding the criteria is crucial to avoid mistakes and ensure a successful application. Missteps due to lack of knowledge of the prerequisites  may lead to delays, additional requests for information or even visa refusals.

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Why do Partner Visas get rejected in Australia?

Partner visas in Australia can be rejected for several reasons, often related to failure to meet specific eligibility requirements or failure to provide sufficient evidence to support the application. 

The most common reason for Partner Visa refusal in Australia is a lack of evidence to prove a genuine and committed relationship. Another reason, which is the most important aspect of the partner visa application, is not meeting the eligibility criteria. It is crucial to first establish your eligibility for the relevant visa you wish to apply for, this means that you should have a clear and sufficient understanding of all the eligibility requirements and how to prove these to the Department of Home Affairs to be able to qualify for visa grant. 

Inadequate proof of relationship

Inadequate proof of relationship is a common and significant reason for Partner Visa refusal. The Department of Home Affair requires sufficient evidence to ensure that relationships are genuine and not fabricated for immigration benefits. It is important to thoroughly prepare and present comprehensive documentation to meet the requirements. Where couples go wrong here is that they merely provide lots of photos together at events with family and friends but do not provide sufficient or a variety of relationship evidence. Partner visa applications require substantial evidence across four main aspects of your life together: financial responsibilities, nature of the household and social recognition of the relationship and the nature of the commitment.

What constitutes adequate evidence

Factor 1: Financial Aspect of the relationship

These are documents that show that you and your partner share financial responsibilities, some examples:

•   joint mortgage or lease documents showing joint ownership or rental of property
•  joint loan documents of major assets such as homes, cars or major appliances in both names
• joint bank accounts
•  household bills in both names

Factor 2: The nature of the household 

These are documents that show that you and your partner share domestic responsibilities, some examples:

• a statement about the way housework is distributed
• household bills in both names
•  mail or emails addressed to both of you
•  joint responsibility for children
• your living arrangements

Factor 3: Social recognition of the relationship

These are documents that show that your relationship is known by others, some examples:

• joint invitations, going out together, friends and acquaintances in common
• proof that you and your partner have declared your relationship to government bodies, commercial or public institutions
• proof of joint sporting, cultural or social activities
• proof of joint travel
• statements from 2 witnesses – Complete Form 888 – Supporting statement in relation to a Partner or Prospective Marriage visa application

Factor 4: The nature of the commitment

These are documents that show that you are committed for a long-term relationship, some examples:

•   documents that show you have combined your personal matters
•  knowledge of each other’s personal circumstances such as background and family situation.
•  documents that show you have combined your personal matters
• you are not related by family

letters and phone bills that show you have been in contact when apart

Inconsistencies in application details

Inconsistencies in the information provided can significantly impact the success of your application as it can raise doubts about the authenticity of the relationship. Applying for this visa requires you to submit a variety of documents for which some of the information requested may seem repetitive or identical. Whether it is an honest mistake or oversight, immigration officials treat such information as visa evidence and will use them to determine the strength of your application so it is important to be consistent across all documents.

Tips to avoid inconsistencies in application details

•  Record each date and event
•  Regular reviews of documents prior to submission
•  Ensure that both partners’ narrative and statements align when recounting key events and timelines

Insufficient documentation

Insufficient documentation is a common pitfall leading to Partner Visa refusal.It is imperative that applicants satisfy the precise legal requirements, including documentation formats, in terms of evidentiary standards. Providing comprehensive documentation minimises the likelihood of requests for additional information, reducing delays in processing. In addition, correctly formatted and organised documentation make the process run more smoothly and make it easier for case officers to review the application.

Common documentation errors

•  Missing required application forms
•  Improperly notarised documents
• Outdated information

Failure to meet health requirements

The Immigration Department will not grant a Partner Visa unless a valid health assessment is provided. The applicant and family members who apply for a visa with the applicant might be subject to have a health examination. In some circumstances, family members who are not coming to Australia with you may also be required to have health examinations.
Generally, permanent and provisional visa applicants are required for the following health examinations:

• medical examination  chest x-ray
• HIV test
• serum creatinine/eGFR
• hepatitis B if you were born in a country with a higher risk of hepatitis B
  

Note: Additional tests may be required depending on your circumstances. 

Why an applicant must meet the health and character requirement
Meeting the health and character tests are crucial for the granting of a Partner Visa, because these aspects guarantee the safety and welfare of the Australian populace while upholding the integrity of the country's immigration system. Therefore, failing to meet these requirements can result in a Partner Visa refusal.
Why are medical examinations necessary?

Medical examinations are a crucial component of a visa application for several reasons. They help Immigration Case Officers to ensure that incoming immigrants do not pose a public health risk, are not likely to place excessive demand on healthcare systems, and are generally fit to integrate into the Australian community. The Department Home Affairs is bound by the legislation to test all applicants against the criteria regardless of their intention to actually use any publicly available health services.

Failure to meet character tests

Why are character tests or police checks necessary?
Police clearances and character checks are necessary to guarantee national security, public safety, and efficiently operating immigration procedures. Immigration authorities aim to safeguard communities and facilitate the effective integration of newly arrived immigrants by carefully evaluating the character and background of applicants.

Incorrect visa application or category

Applying under the wrong visa subclass or misunderstanding the criteria for the visa category can lead to a visa refusal, delays, and financial costs. Many assume eligibility or have eligibility misconceptions, and not meet all the visa requirements, resulting in refusals. 

Consequences of applying under the wrong visa subclass or misunderstanding the criteria for the visa category

Visa Refusal 

Applying for a visa subclass that does not match your circumstances or qualification can result in a direct refusal. Each visa subclass has specific eligibility criteria and failure to meet them can lead to refusal. Furthermore, as your circumstance or qualification do not match the criteria, it would just lead to non-compliance with criteria and will eventually be refused. For instance, applying for a Prospective Marriage visa when you are already married. 

Financial Costs

You will incur the cost of the visa application fee for the incorrect subclass, which may not be refundable. There are also additional costs you may also face such as fees for reapplication, medical examination, and character clearances. 

Consulting with an Immigration Lawyer or Registered Migration Agent, can help in ensuring that you are applying for the right visa category.

Application timing and visa conditions

The visa application process can take many weeks or even months. It is crucial to plan ahead and use the services of professionals to ensure that you are applying for your visa promptly.

Applying too early for a Partner Visa can cause complications if the applicant and sponsor do not provide sufficient evidence of genuine and continuing relationships. Therefore, certain criteria may not be met if the application is submitted prematurely, for example, the length of the relationship criteria. On the same note, applying too late can also be problematic especially if the applicant’s current visa is about to expire.

To avoid such mistakes, it is helpful for couples to plan ahead and strategically, perhaps, evaluate their relationship duration and provide evidence covering the history of the genuine relationship and ensure that evidence is well-documented. Given the complexity and nuances of immigration law, consulting with an immigration lawyer or registered migration agents can assist with the preparation of your application and ensure that all necessary documents are submitted on time.

Legal and procedural misunderstandings

Lack of understanding of the visa process, including both legal and procedural aspects, can lead to application errors that can significantly impact the outcome of your application. While it is true that some applicants are rejected due to ineligibility, many applications are rejected due to procedural error rather than ineligibility.

Some procedural errors include, but are not limited to, providing insufficient documentation, inconsistencies, mistakes in the application, underestimating deadlines etc. Immigration processes involve strict timeline and procedural steps. Missing deadlines such as lodging an application before the current visa expires or failing to respond to requests for further information, can lead to automatic rejection of the application. 

In addition, not recognising visa conditions and restrictions is one of the common legal misunderstandings. Visa holders may not be aware of attached restrictions on their current visa and apply for another. For instance, attempting to apply for a Partner Visa onshore without realising a “No Further Stay” (condition 8503) exists can result in the application being invalid. 

Given the complexities of Partner Visa applications, professional legal guidance in navigating this visa is highly valuable. Our team at Australian Migration Lawyers is a team of qualified Australian lawyers, ready to help you to ensure that your Partner Visa application is compliant with all the legislative requirements for the grant of your visa.

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How Australian Migration Lawyers can help

The Partner Visa application process can be intricate and challenging, with significant emotional and financial stakes. Australian Migration Lawyers offer invaluable assistance. We will help you figure out the relevant partner visa that is applicable to your situation to have a higher chance of a successful outcome. We understand that some challenges in visa processing vary and may not always be within the applicants’ control. Hence, we aim to enhance our clients’ chances by submitting comprehensive applications with credible evidence, ensuring that all the required documents are submitted and that requests are promptly responded to. We always aim for “decision-ready” submissions.