Real partner visa refusal stories

Despite being married for 18 months before submitting their partner visa application, Massimo and Lucinda had their partner visa refused because their application didn’t satisfy evidence requirements. This was surprising to Massimo and Lucinda, who didn’t think they needed to include so much relationship evidence to support their application. They’d already included their marriage certificate and had an official marriage ceremony!

Massimo and Lucinda approached the PAX Migration team for help. We lodged an appeal with the Administrative Review Tribunal (ART) to get their partner visa refusal reviewed. Our first step was to work with Massimo and Lucinda to identify the different types of evidence they could provide, dating all the way up to when they received notice of their partner visa refusal.

Since the ART is required to take additional evidence into consideration, we were able to work with Massimo and Lucinda to put together dozens of pages of additional evidence to show how their relationship met the requirements for a partner visa. The ART was so satisfied with the documentation that they approved the application without calling for a hearing. Massimo and Lucinda were granted their visa two weeks later.

Andreas lodged his partner visa application while on a Bridging Visa A (BVA), which meant his application was also subject to schedule 3 criteria.

After Andreas faced a schedule 3 partner visa refusal for having “insufficient compelling reasons” on his visa application, we began working with him to find another pathway to getting his partner visa. First, we considered lodging an application for a review with the Administrative Review Tribunal. But the standard for compelling reasons is high, usually reserved for people who have a child in Australia, an Australian who needs care, or important employment that is in the interests of Australia, and none of these reasons applied to Andreas’ case.

So, we sat down with Andreas to talk through the circumstances of his case and find another visa pathway that better suited his circumstances. We agreed that, with his onshore partner visa refused, an offshore partner visa application would give him the best chance at a successful partner visa grant. We were able to manage Andreas’ ART review application and facilitate his short trip overseas to lodge a new offshore partner visa application. Most importantly, while Andreas was waiting for a decision on his new partner visa application, he was able to re-enter and remain in Australia with Megan, and to continue working throughout the review period. Despite the initial schedule 3 partner visa refusal, we were thrilled that with our help, Andreas’ offshore partner visa application was successful, and he was soon granted a partner visa.

Mario and Mia were married in Adelaide before they applied for Mario’s partner visa, but were surprised to find that their partner visa was refused. The Department of Home Affairs wasn’t satisfied that they were in a genuine spousal relationship after Mario’s performance in an interview with a Senior Migration Officer. They felt that Mario’s responses were inconsistent, including not knowing where Mia had gone to school or previously worked, key dates of their relationship and other important facts. As well as this, the officer placed little value on the supporting relationship evidence Mario and Mia had provided, and argued that the absence of other kinds of evidence pointed to the fact that this application was not genuine.

The PAX Migration team crafted a detailed review submission to the Administrative Review Tribunal (ART) where we picked apart every allegation raised by the migration officer, providing evidence or arguments that proved otherwise. For the questions answered incorrectly in the interview, we were able to argue that insufficient evidence had been provided by the Department – there was no material provided about how the interview was conducted, the order of the questions asked, the quality of the translating, or context of how the case officer arrived at their decision generally. Without these details, the claims the officer made couldn’t be verified. We suggested that the visa applicant, Mario, be interviewed by the Tribunal again, and they agreed.

Leading up to the new hearing, we worked with Mario and Mia to prepare for answering questions in a formal setting, something they hadn’t been prepared for the first time. We went over the types of questions they could expect to receive and any curveballs that might be thrown their way. We also submitted additional evidence for their application review to address any concerns that the Tribunal had about the genuine nature of their relationship. We collected statutory declarations from people in Mario and Mia’s life, making sure they were detailed enough to be useful, and gathered extra evidence of communication between Mario and Mia.

The hearing couldn’t have gone more smoothly! In less than two hours, the Tribunal interviewed both Mario and Mia and determined that they met the criteria for a visa grant. Today, Mario and Mia live together in Adelaide and have since celebrated the birth of their first child.

Chris had lodged an application to sponsor his wife Maricel for her Australian partner visa, but his sponsorship application was refused because he had already sponsored another person in the last five years. However, we knew that if Chris could provide compelling reasons why he should be allowed to sponsor Maricel, we could request a ministerial intervention to waive the 5-year restriction. After meeting with Chris to talk about his situation, we determined that his child had formed meaningful bonds with Maricel and that refusal of the sponsorship (and subsequent visa) would result in harm to the child. As a signatory to the UN Convention on the Rights of the Child, the Australian government has a duty to put the rights and well-being of children first. Using this as the foundation for our argument, we submitted a request to have the partner visa sponsorship refusal reviewed.

The matter was brought before the Administrative Review Tribunal. In the opening remarks, the Tribunal praised our submissions, and from there, the hearing was simple. They made the decision to dismiss the matter by the end of the hearing (something that doesn’t happen often!). Chris’s sponsorship was approved, and Maricel’s visa was granted six weeks later.

The most important part of your partner visa application is to make sure that you’re eligible for the partner visa you’re applying for. Make sure you:

• Can prove that you meet the visa requirements
• Have an eligible sponsor
• Follow lodgement guidelines

This is one of the most common reasons for a partner visa refusal. The evidence you submit alongside your partner visa application needs to demonstrate that your relationship is genuine.

Your evidence should cover the nature of your commitment to each other and the financial, social and household aspects of your relationship. If you’ve applied for a prospective marriage visa, there are additional evidence criteria that you’ll need to meet, including being able to prove that you and your partner have met in person since turning 18 and are known to each other personally.

Read Massimo and Lucinda’s story.

If you lodge a partner visa application within Australia while on a bridging visa or other non-substantive visa, you need to meet additional schedule 3 criteria (unless these requirements have been waived).

Read Andreas and Megan’s story.

If you supply documents in your partner visa application that are bogus, false or misleading – whether deliberate or accidental – or if the Department is unable to verify your identity, you may face a partner visa refusal for failing to meet Public Interest Criteria 4020.

It’s important to make sure that you submit accurate, complete and genuine information and documents with your partner visa application. Failing to meet the Public Interest Criteria 4020 requirement could result in a 3-10 year ban on being granted another visa to Australia.

You might be required to attend an interview with the Department of Home Affairs to answer questions about your application, either in person or by phone. If you can’t recall basic information about your partner and relationship, this may result in your relationship being found to be non-genuine.

Read Mario and Mia’s story.

Passing a character test is part of all visa entries to Australia. A substantial criminal record or anything that leads the Department to believe that you are or will be involved in illegal criminal conduct means you could fail the character test.

Your de-facto partner or spouse (or fiancé) needs to meet certain requirements to be approved as your sponsor, including income, character, citizenship and residency status in Australia. A sponsor can only sponsor up to two people in their lifetime, and there must be at least five years between sponsorships.

Read Chris and Maricel’s story.

There are age limits that apply if you’re including a child in your application. For a child aged between 18 and 23, they’ll need to meet a dependency requirement to be eligible for a visa grant as your dependent.

There are no reliable statistics published on current partner visa refusal rates, but it’s likely that around 5-20% of partner visa applicants face a refusal. For relationships under two years, the partner visa refusal rates will be higher than with long-term relationships.

The application fee to get your partner visa refusal reviewed with the Administrative Review Tribunal is $3,580. Bear in mind that extra costs may apply if you work with a migration agent or lawyer.

If your partner visa is refused, it doesn’t necessarily mean that you won’t be able to settle in Australia. You might be eligible to appeal for a review, reapply, or lodge an application for a different visa. Speak to one of our migration experts for advice on how to achieve your immigration goals.

There are a few simple steps you can take to minimise your chances of a partner visa refusal:

• Make sure that you meet the eligibility requirements of the partner visa you’re applying for
• Supply plenty of thorough and accurate relationship evidence to support your application
• Work with a migration agent to get tailored advice and expert assistance on your visa application from start to finish

It’s possible to be granted a temporary partner visa (subclasses 820 or 309) but still have the second stage partner visa refused (subclasses 801 or 100). When it’s time for your permanent partner visa to be assessed, you need to demonstrate that you continue to meet visa requirements: that you are in a married or de-facto relationship and have documented evidence of meeting relationship criteria.