Do You Have A Complex Partner Visa Case?
Complex Unit Team
(Partner Visa)
Partner visa used to be an easy and straightforward application in the past. However, the pandemic has seen an increased of vexatious partner visas being lodged. At present, it’s one of the most refused permanent visa. It’s also one of the most expensive Australian visas.
With the increasing number of refusals and losses at appeal, we’ve put together a dedicated complex unit team - specific to Partner Visas.
- We are the last line of defence
How to Prepare a Partner Visa Application?
Our complex unit only accepts a limited number of challenging partner visas each month. If your application is straightforward, please contact our regular team here: Contact Us
We pride in providing our clients cost-effective strategies. Therefore, we’ve put together a complimentary D.Y.I kit to help migrants prepare and lodge their own partner visas. Click here to download a free copy.
What are the requirements for Partner visa?
Partner visas require 2 applications to be lodged:
(a) Sponsorship application; and
(b) Visa application
SPONSORSHIP LIMITATION
STATISTICS: PARTNER VISA REFUSALS
Reading Material: Do you prefer reading?
Click on the following links to learn mowww.ahclawyers.com/subclass-300-re:
Do You Need a Lawyer Who Specializes With Partner Visas?
Speak to Angela De Silva, Accredited Specialist in Immigration Law
Angela has worked for global firms and specializes in the provision of immigration advice, strategy and compliance for corporate clients. Managing the visa populations for these clients goes beyond the procurement of a visa and requires forethought on the intersections of immigration law with the commercial realities of the client. Her experience in this space involves obtaining bulk subclass 400 and subclass 482 visas within short timeframes to meet client project demands, auditing visa programs to identify weaknesses/areas of risk, visa strategies for accompanying family members and assist with advice and action in response to Departmental monitoring requests for sponsors.
During her almost 7 years with a top 4 professional services firm, Angela mentored and trained graduates through the administration of the graduate program and presented externally to other Immigration Lawyers and Registered Migration Agents. Her strong technical knowledge was leveraged with her assisting in authoring the firm's client newsflashes and responses to Government via Senate Committee submissions on key immigration issues and proposed legislative changes.
To find out more about our dedicated and experienced team, learn more Angela here.
Ask Angela - Complex Partner Visa Cases Won
Can my partner visa be approved if I’ve provided fake documents?
Yes, the visa applicant used fake identify and passport. But we got her partner visa approved.
Can I get a bridging visa if I lodged an offshore partner visa?
Visa applicant lodged partner visa offshore, but we used a different law to get her a bridging visa. Generally, offshore applicants are not eligible for bridging visas.
Can I lodge a partner visa if I am still married to another person?
Sponsor and visa applicant were still married to their respective former partners
Can I get a partner visa if my Sponsor has a criminal record and I cannot show evidence we live together?
Visa applicant had little supporting documents because the sponsor was serving a 10-year prison sentence
Can I lodged an onshore partner visa if I am unlawful without a visa for many years?
Visa applicant was unlawful in Australia for over 10 years, and we won our Schedule 3 legal submissions
Can I still sponsor my new partner if I have previously sponsored more than 3 people?
Sponsor had previously sponsored 3 visa applicants on partner visa in the past
Can I sponsor a woman if I am gay?
Sponsor was initially sponsored on a partner visa himself on the basis of homosexual relationship. On being granted the partner visa, he enter into a new relationship with another guy and sponsored him. Some years later, he attempted to sponsor a woman from his home country but the Department refused on the basis they did not believe he had converted to a heterosexual relationship.
Will a huge age gap affect my partner visa application?
The Department flags this as a risk factor. However, we had a client where the sponsor was more than 30 years older than the visa applicant.
My partner broke up with me, can I get PR if there is no family violence?
Generally, no but we managed to help our client get his P.R even though his girlfriend broke up with him. She left him because he decided that he can no longer be in a relationship with a female.
Can I sponsor my friend on a partner visa if we are not in a romantic relationship?
No. However, there are judicial decisions which we’ve used to present to the Department how courts interpret partner visa laws. It’s not called a “spouse” or “de fator” visa for a reason. We recently helped a visa applicant living in Australia get her partner visa approved. The sponsor was her childhood friend, living in Sydney. They were both females, merely good friends. No romance and not living together.
What was the fastest you’ve gotten a PR?
In the last month? Partner visa approved in less than 30 days. Both temporary and permanent stage.
The fastest? A client came to us asking whether we had any strategies to expedite the approval. With a little creativity, we got his approval in under 7 days.
Do I need to have 12 months relationship? Or do I need to have a de facto relationship certificate?
Generallly yes, but we helped a sponsor and visa applicant who have only been in a relationship for 3 months, and have not registered their de facto relationship but their visa was expiring. We lodged the partner visa without de facto relationship registration and it was approved without 1 year relationship.
Do I need my sponsor to provide and sign documents for 2nd stage PR?
Yes - but we helped our client who was the visa applicant get his subclass 801 (PR) approved without the Sponsor’s signature because she was in a psychiatric institution and he had not means of contacting her.
Can I get PR directly?
Yes, we usually help our clients go directly for the PR without having to wait out theTR stage.
I’m having difficulty putting together the supporting documents listed on the Immigration’s website. Are there any other methods that are legal?
Clients usually come to us without much documents to support their relationship. Setting up a joint bank account no longer meets the requirement because the Department considers them to be ‘new’ and for the purpose of securing a migration outcome. People hardly receive mails to the same address. Without having to be creative, we’ve advised clients on evidentiary building. We didn’t have to thing outside the box. We merely read up on how other applicants have succeeded in their appeal to the AAT and courts.
Can you help me create a story or come up with creative ideas to increase my chance of getting PR?
No, please do not call us. However, if you run into trouble after learning your lesson, you may contact our complex unit - ask for the ‘aftermath’ service.
We’d like to think that we’re smart enough to use common law to get around the traditional rigid partner visa assessment. We are stroing believers that if you’re genuine, you do not need to be worried. Reading judicial appeals to the Tribunal and courts helps us write legal submissions to case officers, it adds authority to your supporting evidence.
I have a no futher stay condition and my first request to waive 8503 was refused, do I have any other options?
You can only seek a waiver request once. The Department declined to waive our client’s 8503: no further stay condition twice but we managed to figure a way and her partner visa was granted.
How can Our complex unit help?
Each circumstance of issues and difficulties must be considered on its own merits and we can guide you on the most appropriate strategy to move forward. We’ll present several options and help you choose an option that best suits your needs. The 3 main things to consider:
How cheap or how expensive?
How fast or how slow?
How easy or how difficult?
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Case Study: PIC 4020 Waived and Partner Visa Granted
The client did not know his USA tourist visa had been revoked in the year before he applied for another Australian visitor visa. As a result, on his Australian visitor visa, he answered “NO” to the question in relation to whether he had ever been cancelled or refused a visa.
Intel information was received from the Department of Home Affairs in relation to his US visa and this adverse information pointing towards a refusal of PIC 4020 was put forward to the client. This was the first time he knew of his USA visa being revoked.
He made inquiries with the embassy and US immigration but received no clear answer as to why his visa had been revoked.
His visitor visa was subsequently refused based on PIC 4020(1) of providing false or misleading information. He also had a pending partner visa application already at this time which we advised would also be affected by this PIC 4020 refusal.
The client and his Australian partner had been separated for many years. The Australian partner is unable to get a visa to enter his home country, and he was not allowed to come to Australia. As such, they had been moving from country to country to be together.
In this case, we worked quickly to ensure they could reunite as soon as possible by putting in submissions through to the Tribunal and to the Department, and also relodged another Visitor visa application for them. Even though the client could not get answers from the US immigration on why his own visa was revoked, we conducted inquiries, investigations, and research which confirmed our suspicions that his US visa was revoked as a result of the blanket Trump policy targeting Mexicans.
A few months later, we received the grant for his temporary partner visa (First stage – Subclass 309) resulting from a successful waiver of PIC 4020 3 year exclusion period.