Reasons That Your Partner Visa Application May Be Delay or Refused
When applying for a Prospective Marriage Visa (Subclass 300), Onshore Partner Visa (Subclass 820/801) or Offshore Partner Visa (Subclass 309/100), it is important to be aware of potential issues that may lead your applications to significant processing delays or even refuse the visa application. Below is a list of some key factors or reasons for you to consider before making an application:
1. Insufficient Time Spent Together
Face-to-Face Meetings: The Department of Home Affairs often looks for evidence of extensive in-person meetings before the visa application, especially for applicants in long-distance relationships. A lack of such history can lead to scepticism regarding the authenticity of the relationship.
2. Prior Sponsorship Attempts
History of Sponsorship Applications: If the sponsor has previously tried to sponsor or sponsored their previous offshore partner(s) to Australia, this may complicate the ongoing application. A sponsor is permitted to hold a maximum of two sponsorships throughout their lifetime, otherwise it may lead to sponsorship limitation. Authorities may investigate past attempts to find patterns of behaviour. If you are in this situation, it is best that you consult with an Accredited Specialist in Immigration Law.
3. Prior Visa Applications by the Fiancée (Applicant)
Fraud or Misrepresentation: If the applicant has previously applied for a visa and committed fraud (e.g., using a false identity). Any attempts to avoid immigration rules will be taken seriously, and lead to lead to visa refusal.
4. Records of Overstaying a Visa
Previous Overstays: If the applicant has a previous overstayed record, this could negatively impact the current application. Your Partner Visa application could be affected by Schedule 3 criteria, which the applicant is required to address when making a Partner Visa application. Otherwise, the application will lead to a visa refusal. Note that to waive Schedule 3 is technical and complex, and it is highly suggested to speak with an immigration lawyer regarding this matter.
5. Applicant with Criminal Record(s)
Background/Character Checks: The visa application could be referred to the Visa Applicant Character Consideration Unit (VACCU) or be rejected if the applicant or the sponsor has a criminal record, particularly for serious offences. This is because the applicants may not meet the character test.
6. Health Concerns
Communicable Diseases: Certain communicable diseases (e.g., HIV, hepatitis, tuberculosis, etc.) can impact the applicant’s visa eligibility, as health assessments are part of the application process. The applicant may not meet PIC4005 and/or PIC 4007.
7. Deportation History
Prior Deportations: A history of being deported from the sponsor’s country can severely hinder the chances of approval for a new partner visa (Subclass 820/309 or 801/100) application.
8. Insufficient Proof of Relationship
Documentary Evidence: Failing to provide adequate documentation to prove the relationship's legitimacy referencing the four pillars guidelines (e.g., photographs, communication records, joint travel) can lead to scepticism from immigration officials.
How Can Agape Henry Crux Help
Contact us at Agape Henry Crux if you have a complex partner visa today; our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents can assist you with the next steps. Our team specialises in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.