Are you planning to apply for a partner visa application? The greatest chance of a good outcome and avoiding a partner visa denial is to be well-informed regarding the requirements and to ensure that you fully meet these in your request.
Sadly, there have been shocking figures about the number of partner visas that the Department of Home Affairs has denied. In 2016–2017, about 39% of partner visas, including onshore and offshore, were rejected; in 2017–2018, this number rose to about 42%.
In the period from July 2019 to December 2019, the Administrative Appeals Tribunal (AAT) upheld 21% of its rulings to deny spouse visas equally onshore and offshore.
Why Are Partner Visas Get Denied by the Australian Government?
Your Australian partner visa can get denied for the following reasons:
# Reason:1 Your Relationship With Your Partner is not Real in the Perspective of Australian Immigration
The most frequent justification for denial of partner visas is an absence of evidence or proof of a sincere and serious relationship.
The following four requirements must be supported by documentation from both candidates and their partner/spouse sponsor. Your application may be rejected if you don’t offer a valid proof for each of the following points:
- Financial Aspect
- Your Level of Devotion to One Another
- Social Aspect
- Structure of Your Household
The Australian Department will evaluate every aspect of your relationship and use that information to determine how much importance to give to each of these four elements.
Another issue that prevents the approval of partner visas is the statements’ absence of uniformity. Additionally, if you give the Department of Home Affairs false or fraudulent documents or information, you can meet the PIC4020 public interest criterion. It’s possible that you unintentionally submitted false information or documentation, but this might result in a visa denial. Keep in mind that the department can check any papers or information submitted with a visa application.
Reason #2: Failed to Comply With Immigration Case Officer’s Demands
In order to continue reviewing your partner visa application, you may have not complied with requests from the Embassy or Immigration case officer for more information or supporting paperwork, or you have not finished your medical exam.
This would imply that you did not present sufficient paperwork, and your visa application might be turned down as a result.
Reason #3: Failed to Uphold the Moral Standards
If the candidate does not meet the character standards for the visa, the application may be rejected.
Test of Character
You might fail the character test for the following reasons:
- Having a significant criminal history
- Being linked to individuals or organisations that Immigration believes to be engaged in criminal activity
- Past and present criminal behavior that demonstrates an absence of sustaining moral character
- Posing a significant risk of engaging in criminal activity in the future
- Harassing, molesting, intimidating, or stalking another person
- Defaming a segment of the Australian community
- Causing division in the Australian community
- Posing a threat to Australia
Sponsorship Acceptance
To be authorised as your Sponsor, your partner or spouse must satisfy a number of standards. Income, moral character, citizenship, and Australian resident status are all included. Your request will be rejected if you don’t fulfil these requirements.
Significant modifications to the companion visa application procedure are also in the pipeline and may become law at any time. These modifications imply that prior to your visa application being submitted, the sponsorship must be accepted.
Your application’s delay can have further effects.
Sponsorship restrictions could also be present if your spouse or companion:
- Owns a specific visa class
- Have already received a Partner visa for themselves
- Has already sponsored another person for a Partner visa
The sponsors’ salary, character, and citizenship or residency status in Australia are also taken into consideration, in addition to the individual’s character and eligibility. It may be more difficult for the present applicant to be approved if the sponsor has already funded or admitted someone on a Partner visa in the past.
There are two alternatives available if a partner visa application is denied: reapplying or filing an appeal with the AAT.
How can I avoid a Partner visa Refusal?
Ghothane Lawyers provides expert advice and migration services and solutions for businesses and individuals in Australia. To avoid your visa refusal, get expert advice for your partner visa application.