Partner Visa Application: Common Mistakes to Avoid
Do you want to maximise your chances of securing a Partner (Subclass 801/820 or 100/309) visa? It is vital to ensure that your application is lodged correctly by avoiding the following mistakes.
What are the common mistakes to avoid for Partner Visa (Subclass 820/801 or 309/100)?
Failing to meet the additional criteria under Schedule 3 (if applicable)
If you are applying for an onshore Partner (Subclass 801/820) visa and you do not hold a substantive visa – for example, if you hold a bridging visa or are unlawfully in Australia – you will need to meet additional criteria before your visa can be granted. These criteria can be found under Schedule 3 of the Migration Regulations 1994 (Cth), and if you cannot meet these requirements, then you will need to demonstrate compelling reasons not to apply them.
If Schedule 3 applies to you, then you will need to:
Make your application within 28 days after entering Australia unlawfully or your last substantive visa ceasing
Show that the circumstances leading to you being in Australia without a substantive visa were beyond your control
Show that you have substantially complied with previous visa conditions
Show that there are compelling reasons for granting your visa
Related: Does Schedule 3 Only Apply to Partner Visas?
Not providing enough evidence of your relationship
Whether you are applying as a spouse or de facto partner, you will need to provide evidence of the ‘four pillars’ of your relationship – the financial, social and household aspects and a genuine commitment to each other. Due to concerns with fraudulent partner visa applications, you should provide plenty of evidence to prove that you are in a genuine relationship. If you are suspected of falsely applying for a partner visa, you could face 2 years imprisonment and be subject to visa cancellation.
Related: How Does Mandatory Character Cancellation Work?
Common Mistakes in Partner Visa Application Process
These next mistakes relate to the making of the application itself. If you do not follow the correct procedure when lodging an application, then it may be invalid, meaning that your partner visa application will not even be decided.
Failing to pay the visa application charge
There will be a prescribed fee that you will need to pay whenever you apply for a new visa. The fees are usually updated annually; you can find them on the Department of Home Affairs’s website. As of today, you will need to pay AUD9,095 when lodging your partner visa application, which covers both temporary and permanent visas.
Filling out the wrong application form
You will need to make sure that you fill out the correct application form for your partner visa. This will usually be a Form 47SP made online unless you have permission to make a written application. If you hold a Dependent Child (Subclass 445) visa, you will need to instead complete Form 1002 for a permanent partner visa application.
Failing to provide 2 statutory declarations
Alongside your application, you will need to provide 2 statutory declarations from Australian citizens or permanent residents declaring that you are in a relationship with your partner. Previously, a Form 888 would be used to meet this requirement. However, it is no longer considered a statutory declaration. As such, you should be aware that you cannot simply submit Form 888 with your application.
How Can Agape Henry Crux Assist
By avoiding these common mistakes, you can increase the chances of your visa being granted so that you can be in Australia with your partner. Our team of immigration lawyers and registered migration agents works with 2 of our Accredited Specialist Immigration Lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. To seek professional advice, schedule an appointment with one of our solicitors by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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.
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