What Are The Reasons Behind Partner Visa Rejection?

March 24, 2023    Immigrationlawyers
What Are The Reasons Behind Partner Visa Rejection?

A partner visa enables the spouse of an eligible Australian permanent resident, Australian citizen, or citizen of New Zealand to stay and resides in Australia. If the application is accepted, a temporary visa (Subclass 820) will be issued.

This is the first step in getting a partner visa, which then progresses to obtaining a permanent visa subclass 801. Things can get challenging while exploring and comprehending the partner visa application procedure right from the start to the end.

Plus, numerous visa applications are rejected by the Australian authorities every year. If you, too, want to learn what can go wrong and why partner visas are rejected, this article is for you.

Reasons for Partner Visa Rejection –

1. Your Relationship

The most typical justification for the rejection of partner visas is a failure to provide evidence of a sincere and monogamous relationship.

The following four requirements must be supported by documentation from both you and your spouse/partner sponsor. Your application may be rejected if you do not present evidence for all of the mentioned points:

  • Nature of your household,
  • The economic and social factors, and
  • Your degree of dedication to each other.

You should be aware that the Department will evaluate all the details of your relationship and use those details as a reference to decide how much weight to give to every one of these elements.

Another aspect that impacts the approval of partner visas is the absence of coherence in all the claims.

Also, submitting fake or forged documents to the Home Affairs Department may make you eligible for the PIC4020 public interest criteria.

It’s possible that you unintentionally submitted false information or documentation, but this could result in business visa rejection reasons. Keep in mind that the department can check any paperwork or data submitted with the visa application.

2. Ineligibility

Your visa request will be immediately denied if you seek a visa for which you’re not eligible. You must fulfil the following fundamental requirements to be eligible for this visa:

  • Being married to, or living with, an eligible Australian and New Zealand citizen, or permanent resident.
  • Be fully devoted to your lover.
  • Live together now or have concrete intentions to do so soon.
  • You must be over 18 and have a legally recognized relationship as defined by Australian law.

Also, if you were staying in Australia on a visa that was revoked or rejected during your stay, you wouldn’t qualify for a partner visa.

3. Sponsorship Approval

Your spouse or partner must adhere to several conditions to be accepted as your Sponsor. This includes information on topics like income, personal integrity, citizenship, and identity as an Australian resident.

If these prerequisites aren’t met, your partner visa request will be refused. Substantial changes to the partner visa application procedure are also being considered and might be introduced at any point. Because of these changes, you cannot submit your visa application until the sponsorship is authorized.

The postponement of your partner’s visa application may have other effects. For example, it can imply that you’re obligated to follow Schedule 3 guidelines.

Nevertheless, when your spouse awaits for their sponsorship to be approved, you may have to apply for a new temporary visa. There may be restrictions on sponsoring if your partner or spouse:

  • Has a Partner visa that they’ve already secured;
  • Formerly arranged for a partner visa for someone; or
  • They fall under a particular category of visas.

4. Lack of Adherence With Schedule 3 Criteria

If you file a partner visa application while you are an unlawful citizen or in possession of a Bridging Visa, you must comply with Schedule 3 of the Migration Rules. If there are strong reasons for your present visa status, then this can be lifted.

Partner visas may be denied if this criterion is not properly met. Thus, make sure you have a strong argument before filing a visa application on these grounds. Know exactly what constitutes Schedule 3 eligibility before determining whether you meet that standard. Possessing comprehensive and verified proof is also crucial.

5. Failure To Meet Character Traits

One of the most significant partner visa rejection cases is failing to meet the character requirements. If the applicant does not meet the character standards for the visa, the application may be rejected.

Character Test –

The following are instances of reasons for failing the character test:

  • Being related to individuals or organizations that Immigration believes to be engaged in illegal activity;
  • Having a significant criminal history;
  • Previous or current criminal behaviour demonstrating a dearth of sustaining a sense of morality; or
  • A significant risk of being involved in unlawful activity; harassing, molesting, intimidating, or stalking some other person; defaming a segment of the Australian community; inciting disharmony in the Australasian community.

6. Interview Failure

You can receive an invitation to an interview as part of the visa application procedure. Regrettably, a lot of candidates underperform during the interview due to their tendency to not take it seriously enough. This usually leads to the rejection of visas.

Depending on your circumstance, the interview may be conducted in person, over the phone, or virtually. They could inquire about your relationship with your spouse or partner to determine whether or not it is a sincere one.

Get ready in advance for queries about important occasions, like the day you and your spouse first met, the day you got married, or the day you started living together.

  • Where and how did you meet?
  • Those who are aware of or participating in your relationship.
  • Gifts that you & your spouse or partner exchange.
  • Information about the parents of your spouse or partner, like their profession, age, hobbies, etc.

To ensure consistency in the details you offer, you and your companion must be clear on each of these areas.

7. Children Not Being Added Correctly

If you’re applying on behalf of a child who falls between the ages of 18 and 23, they should satisfy a “dependency” condition. They are no longer qualified for the partner visa as your dependent after they turn 23.

Given the present lengthy processing periods, even if the youngster could be qualified for a partner visa grant when your application is filed, they may not do so by the point a decision is reached because this age restriction is a time of decision criterion.

Furthermore, as was previously said, if the application is rejected, the AAT’s decision-making process can be prolonged by years. It’s additionally important that the youngster is accurately represented if they are near to turning 18 or are 18 when your application goes in.

Failing to do so may result in them losing the opportunity to be issued a visa as your dependent, which might have a serious impact on their chances of obtaining how to get permanent residency status in Australia if they fail to satisfy the conditions for another visa.

Final Thoughts: What To Do?

If your application for a partner visa has indeed been refused, you must choose between starting over and appealing the decision to the AAT or Administrative Appeals Tribunal.

To prevent a further denial of your application or appeal, it is advisable to speak with a migration agent now. Quickly determining the cause of your visa denial and recommending the best line of action are the skills of an experienced immigration agent.

For the best chance of success, get in touch with Immigration Lawyers Perth as soon as you decide to apply for a partner visa or How to Appeal Against Visa Rejection. Application and appeals for partner visas are specialities of its team.

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