A Melbourne Partner Visa Specialist Explains: Why do Partner Visas Get Refused?

The partner visa (onshore and offshore) is designed to allow the partner of an Australian citizen, Australian permanent resident, or eligible New Zealand resident to live in Australia. Both the onshore and offshore partner visas are granted first on a temporary basis, (partner visa 309 or partner visa 820), and following this, a permanent partner visa may be granted (partner visa 100 or partner visa 801), subsequent to meeting the appropriate requirements. These visas allow couples to begin and establish their lives together in Australia. Because of this, navigating the partner visa application process can come with stress and anxiety, as well as a certain emotional toll. As a Melbourne partner visa specialist, I understand this, and I understand how much each couple wants their application to be approved. That’s why I have put together this article which outlines some of the reasons I have seen partner visas refused. This list is designed to arm you with important knowledge you need before you apply for the partner visa, and to show you where to find a registered migration agent in Melbourne when you require assistance.

happy partners with their backs turned

Reason #1: Ineligibility for the Partner Visa

This is one of the most basic reasons for a refusal. Simply put: sometimes people apply for visas that they are not eligible for, and if this is the case, the visa will be rejected automatically. Before applying for any visa, you must ensure that you meet each of the basic eligibility requirements for that particular visa. When it comes to the partner visas, some of the criteria that must be met include:

  • Be the spouse or de facto partner of an Australian citizen, an Australian permanent resident, or eligible New Zealand citizen
  • Be over the age of 18
  • Be committed exclusively to your partner
  • Live together with, or have clear plans to live together with your partner in the immediate future
  • Have a relationship that is valid under Australian law

Reason #2: An Inconsistent Application

Inconsistencies in a partner visa application is another reason that I have seen applications refused. This is why it is critical that your application is consistent in every way, from each form and every piece of evidence to all written statements and your answers in the interview. When going through the application process, it is your responsibility to maintain this consistency. Examples of key information that must be consistent within your application includes, but is not limited to: when you met your partner, when your relationship became official, and other key dates such as important trips you took together, and when you moved in together.

Reason #3: Insufficient Relationship Evidence

A further reason for application refusal is that you have not provided sufficient evidence to the Department of Home Affairs. If this is the case, the department will not be able to make an affirmative decision. One of the most critical areas of evidence required for a partner visa application is evidence that supports or demonstrates the authenticity of your relationship. Put simply, you must show that your relationship is a genuine one.

There are several different types of evidence you are required to provide to prove this, including but not limited to:

  • Detailed personal statements or statutory declarations
  • Statutory declarations from your family and friends
  • Financial evidence
  • Social matters evidence
  • Household evidence
  • Commitment evidence

If you do not provide sufficient evidence in one or more of these subcategories, this could be a reason for a refusal of your partner visa application.

Reason #4: You Did Not Pass the Interview

A possible reason for refusal is that you and your partner progressed to the interview stage of the application process, and you failed to answer questions correctly. Remember, this interview is also designed to confirm the genuineness of your relationship with your partner, so this is another area where consistency is key.

Reason #5: You Failed to Meet the Health or Character Requirements

The health and character requirements are basically prerequisites that you agree to meet when you apply for the partner visa, and there are many reasons that you may fail to meet them. It is important to note that if you do not meet any of these standard requirements, this is grounds for refusal.

Some reasons you may not meet the health requirements include but are not limited to:

  • It is found that you have a significant health condition that is likely to threaten public health
  • You have a health condition that is likely to result in significant healthcare and community costs

Some reasons you may not meet the character requirements include but are not limited to:

  • You have a substantial criminal record
  • You have been convicted of, had a charge proven for or have been found guilty of a sexually based crime involving a child
  • You have been convicted of escaping from immigration detention
  • It is found that you have not declared, or been completely honest about your criminal history

Do You Need a Melbourne Partner Visa Specialist?

When you need help to navigate the partner visa process, it is important get professional help from an expert in the immigration field. If you need a partner visa specialist in Melbourne, you don’t have to look any further than Australian Immigration and Visa Services – AIVS. Our consultants have the knowledge and the expertise to guide you through not just a partner visa application, but any visa process.

To give yourself the best chance of a positive outcome, contact us today via our website, or via phone on +61 430 534 697, for help with all your partner visa needs.