Partner Visa Immigration Debt: Can You Still Be Granted?

A partner visa immigration debt is an amount owed to the Commonwealth that must be paid, or covered by an appropriate arrangement for payment, before a partner visa can be granted. A partner visa immigration debt does not, by itself, make a person ineligible. However, if the debt is not resolved, the visa must be refused, however genuine the relationship. The rule is public interest criterion 4004, and it applies to partner visas.

This guide explains what counts as a partner visa immigration debt, where these debts come from, how the Department identifies them, what an appropriate arrangement looks like, and what happens if a visa is refused because of a debt. For the wider partner visa picture, see our complete guide to partner visas in Australia. For advice on your own situation, our partner visa lawyers can assess the debt and the application together.

Can you get a partner visa if you owe a debt to the Commonwealth?

Yes, if the debt is resolved. A person with a partner visa immigration debt can be granted a partner visa if the debt has been paid in full, or if the decision maker is satisfied that appropriate arrangements have been made for payment. If neither is the case, the person does not satisfy public interest criterion 4004 and the visa cannot be granted.

Public interest criterion 4004 is one of the public interest criteria in Schedule 4 to the Migration Regulations 1994. It provides, in substance, that the applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment. It is a criterion for the grant of partner visas, including the Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 visas.

The important word is "outstanding". A person who once owed a debt and has paid it does not have an outstanding debt. A person who owes a debt and is paying it under an approved arrangement has made appropriate arrangements. In both cases, public interest criterion 4004 can be satisfied.

Why public interest criterion 4004 exists

Public interest criterion 4004 exists to protect the Commonwealth's interest in recovering money it is owed. A person who owes the Commonwealth money, and wants to be granted a visa, is expected to pay it or arrange to pay it first. The criterion does not judge the person's character or the genuineness of the relationship. It simply requires that the Commonwealth's debts are dealt with before a visa is granted.

That purpose explains how the criterion works in practice. It is not about whether the debt was fair, how it arose or whether the person can afford it. It is about whether, at the time of decision, the debt has been paid or an appropriate arrangement is in place. A partner visa immigration debt is therefore a practical problem with a practical solution, as long as it is identified in time.

What is a partner visa immigration debt?

A partner visa immigration debt is any amount owing to the Commonwealth by a person to whom public interest criterion 4004 applies. Under the Department's policy, the term "debt to the Commonwealth" refers to any debts or amounts owing to the Commonwealth, not only those owed to the Department of Home Affairs. That is broader than many people expect.

Debts owed to the Department of Home Affairs, which includes the Australian Border Force, are the most common partner visa immigration debt. Under the Department's policy, a person may incur a debt to the Department in various ways, including:

• the costs of removal from Australia;
• detention costs, which under current policy are recorded as debts only for illegal foreign fishers and people smugglers;
• legal costs awarded to the Commonwealth by a court;
• overpayments of Status Resolution Support Services payments;
• chargebacks; and
• cargo or customs duty.

Debts owed to other Commonwealth agencies are also debts to the Commonwealth. The Department's policy gives examples such as tax debts owed to the Australian Taxation Office, including study loan debts, and debts owed to the agency that administers social security and child support, such as overpaid benefits.

What is not a debt to the Commonwealth

Debts owed to state and territory governments are not debts to the Commonwealth. The Department's policy gives traffic infringements and hospital debts as common examples. A person with unpaid traffic fines or a bill from a state public hospital does not have a debt to the Commonwealth for the purposes of public interest criterion 4004, although those debts may have other consequences. Private debts, such as credit cards, personal loans and rent arrears, are also not debts to the Commonwealth.

This is a point that is often misunderstood. Many applicants worry about debts that are irrelevant to public interest criterion 4004, while overlooking a Commonwealth debt that is directly relevant.

How a partner visa immigration debt usually arises

A partner visa immigration debt usually arises from an earlier stage of the applicant's migration history rather than from the partner visa itself. The typical patterns are easy to recognise once they are known.

One pattern involves an earlier period of unlawful stay that ended in removal. The removal costs were invoiced, the person was outside Australia and did not pay, and the debt has remained on the Department's records since. A second pattern involves an earlier refusal that the person challenged in court without success, followed by an order to pay the Minister's legal costs. A third involves support payments received while waiting for an earlier visa outcome, part of which turned out to be an overpayment. A fourth involves ordinary life in Australia on an earlier visa, during which a tax or study loan debt was left unpaid when the person departed.

In each pattern, the debt is connected to events that may have happened years before the partner visa. The applicant may have forgotten it, assumed it was cancelled, or never received the invoice. That is why every partner visa applicant with a past connection to Australia should review their history for possible Commonwealth debts before lodging.

Removal costs as a partner visa immigration debt

The costs of an earlier removal or deportation are one of the most significant sources of a partner visa immigration debt. A person who was removed from Australia, or deported, is generally liable to the Commonwealth for the costs of that removal or deportation, under provisions in Division 10 of Part 2 of the Migration Act 1958. The Department records these debts and issues an invoice.

This most often arises where a person was in Australia unlawfully, was removed, and later forms or continues a relationship with an Australian citizen or permanent resident and applies for an offshore partner visa. The removal debt remains outstanding until it is paid, and it must be resolved before the partner visa is granted.

A person who was removed may also be affected by other provisions, such as an exclusion period that limits when they can be granted a further visa. That is a separate issue from the debt and must be assessed separately. Paying a partner visa immigration debt arising from removal resolves public interest criterion 4004, but it does not by itself resolve any exclusion period, and the reverse is also true. Both questions should be answered before the partner visa is lodged. Our guide to partner visa refusals explains related refusal grounds, and our guide on applying for a partner visa after a visa refusal covers earlier refusals.

Court costs as a partner visa immigration debt

Court costs are another common source of a partner visa immigration debt, and one that applicants often forget. Where a person applied to a federal court for judicial review of a migration decision and was unsuccessful, the court may have ordered them to pay the Minister's legal costs. Those costs are a debt to the Commonwealth.

Applicants who have previously been involved in court proceedings about a visa should check whether a costs order was made and whether the costs were paid. An unpaid costs order can resurface years later as a partner visa immigration debt. Our page on judicial review explains how court proceedings in migration matters work.

Support payment overpayments

Some people who have been in Australia while waiting for a visa outcome have received support payments under the Status Resolution Support Services program. Where an overpayment occurred, it can be recorded as a debt to the Department. Overpayments of social security payments by another Commonwealth agency are also debts to the Commonwealth. Either can become a partner visa immigration debt.

Customs duty and other border debts

The Department of Home Affairs includes the Australian Border Force, and some debts arise at the border rather than in the visa system. Under the Department's policy, cargo or customs duty and chargebacks are among the ways a debt to the Department can arise. An applicant who has imported goods, run a business that dealt with imports, or had a dispute about duty may have a debt of this kind. It is less common than a removal or court costs debt, but it counts in the same way for a partner visa immigration debt, and should be checked where the applicant's history makes it possible.

Tax and study loan debts

Tax debts and study loan debts owed to the Australian Taxation Office are debts to the Commonwealth. A partner visa applicant who has worked or studied in Australia may have an outstanding tax debt or study loan debt. The Department's policy notes that it does not hold records of other agencies' debts in the same way it holds its own, but where it becomes aware of a debt to another agency, for example because the applicant discloses it, the applicant should be asked to provide evidence of a suitable repayment arrangement.

Applicants should answer honestly if asked about debts, and should check their position with the relevant agency before lodging. An applicant who knows of a tax or study loan debt should be ready to show that it is being paid under an arrangement.

Social security and child support debts

Overpaid social security payments are a common Commonwealth debt among people who have lived in Australia, and the Department's policy lists social security and child support debts among its examples of debts to other Commonwealth agencies. A partner visa applicant who previously held a visa with access to Commonwealth benefits, or who received payments they were not entitled to, may have an outstanding overpayment.

Child support debts are a sensitive area. Where an applicant owes child support for a child from an earlier relationship, the debt may be relevant as a Commonwealth debt, and it may also be relevant to how the applicant's earlier relationship and family circumstances are presented in the application. Advice should be obtained before lodgement, so that the debt and the family history are both dealt with accurately.

Common myths about a partner visa immigration debt

Several myths cause applicants to misjudge a partner visa immigration debt.

Only debts to the Department count

Debts to any Commonwealth agency can be relevant, not only debts to the Department of Home Affairs.

Any debt will stop the visa

Only debts to the Commonwealth count, and even those do not stop the visa if they are paid or covered by an appropriate arrangement.

An old debt will have expired

A debt does not disappear because time has passed or because the Commonwealth stopped chasing it. A written off debt still counts.

The relationship will outweigh the debt

Public interest criterion 4004 is not weighed against the relationship. It is a separate criterion that must be satisfied. A genuine relationship does not overcome an unresolved debt.

The debt can be dealt with after grant

The criterion must be satisfied at the time of decision. A promise to pay after grant is not enough unless it is an approved arrangement already in place.

Which partner visas require public interest criterion 4004

Public interest criterion 4004 is a criterion for all the main partner visas. It applies to the onshore Subclass 820 temporary visa and the Subclass 801 permanent visa, the offshore Subclass 309 temporary visa and the Subclass 100 permanent visa, and the Subclass 300 prospective marriage visa. For several of these visas, the Department's policy explains that members of the family unit must satisfy it as well.

Because the criterion applies at both the temporary and permanent stages, a partner visa immigration debt can affect a partner visa twice: once when the temporary visa is decided, and again when the permanent visa is decided. A debt that is resolved before the first decision does not need to be resolved again, but any new Commonwealth debt incurred in between will need attention before the second. Our pages on the Subclass 820 visa and our Subclass 820 partner visa guide explain the onshore pathway.

When a partner visa immigration debt is discovered late

A partner visa immigration debt is sometimes discovered late in processing, when the Department checks its records before deciding. The applicant then receives a letter identifying the debt and asking for payment. Where this happens, the applicant should act quickly. The letter will usually set a time for a response. The applicant should confirm the debt, decide whether to pay in full or apply for an instalment arrangement, and tell the Department what is being done.

If the applicant disputes the debt, for example because they believe it has already been paid or was raised in error, they should say so promptly and provide evidence. Disputing a debt does not, by itself, satisfy public interest criterion 4004. Where the dispute cannot be resolved quickly, paying under protest or entering an arrangement while the dispute is pursued may be the safer course, so that the partner visa is not refused while the dispute continues. Advice should be obtained on the best approach in the circumstances.

How the Department identifies a partner visa immigration debt

The Department identifies a partner visa immigration debt mainly through its own records. Under the Department's policy, debts owed to the Department by non-citizens are recorded on the Department's alert system, and the visa decision maker must check with the Department's debt management area for the status of any debts before granting a visa. The debt management area provides details of all known debts, including the amount, the type of debt and the customer reference number, and advises whether a payment arrangement is in place or whether a previous arrangement has been breached.

Debts owed to other Commonwealth agencies are not recorded in the same way. The Department's policy notes that each agency manages its own debts on its own systems, and there are no links between them. A decision maker may still become aware of a debt to another agency, for example where the applicant discloses it or it appears in other information. In that case, the applicant will be asked for evidence of a suitable repayment arrangement.

The practical consequence is that a partner visa immigration debt owed to the Department will almost always be found. A debt owed to another agency may or may not be, but the applicant must answer honestly if asked, and it is better to deal with it in advance.

What happens when a partner visa immigration debt is found

When a partner visa immigration debt is found, the Department's policy requires the decision maker to inform the applicant of the debt and to ask the applicant to pay it in full. The applicant is usually given the customer reference number, which identifies the debt in the Department's financial system, and directed to the invoices for payment instructions. Applicants who do not have their invoice, or want further information, are referred to the debt management area.

Under the Department's policy, in most circumstances it is expected that a debt be paid in full before the visa is granted. If the applicant is unable to pay in full, they should be told that they will need to apply for an instalment plan. Failure to pay the debt or enter into an acceptable arrangement will result in the applicant not satisfying the criterion, and the visa will be refused.

This process usually happens late in the application, when the Department is preparing to decide. An applicant who has known about the debt from the start, and has already paid it or arranged to pay it, avoids delay and risk at that stage.

Appropriate arrangements for a partner visa immigration debt

An appropriate arrangement for a partner visa immigration debt is, under the Department's policy, either payment of the debt in full or an approved instalment arrangement. Under the Public Governance, Performance and Accountability Act 2013, the Secretary and delegated officials have authority to recover outstanding debts by instalment payments or to defer recovery, and the Department's debt management area negotiates and approves instalment plans.

An instalment arrangement should be applied for as early as possible, with honest information about the applicant's financial position. Once approved, the arrangement must be kept. A breached arrangement may no longer be an appropriate arrangement, and the Department's policy notes that the debt management area advises decision makers if a previous arrangement has been breached.

Can someone else pay the debt?

Often the Australian partner, or family members, help pay a partner visa immigration debt. There is no rule against that. What matters for public interest criterion 4004 is that the debt is paid or covered by an appropriate arrangement. Payments should be made in a way that clearly identifies the debt, using the reference number, and receipts should be kept.

Evidence of payment or arrangement

The applicant should keep evidence that the debt has been paid or that an arrangement is in place: payment receipts, the approval of the instalment plan, and records of instalments paid. This evidence should be provided to the decision maker, and kept for the permanent stage.

Applying for an instalment arrangement

An applicant who cannot pay a partner visa immigration debt in full should apply for an instalment arrangement as early as possible. The application usually requires information about the applicant's income, expenses, assets and other debts, so that a realistic repayment amount can be agreed. The information should be accurate and supported where possible. Where the Australian partner supports the applicant financially, the household's overall position may be relevant.

The proposed instalment amount should be one the applicant can actually maintain. An ambitious arrangement that is quickly breached does more harm than a modest one that is kept. The approval should be in writing, and the applicant should keep the approval and records of every payment. Where circumstances change and the instalments become unaffordable, the applicant should contact the debt management area before missing a payment, rather than after.

An approved arrangement that is being kept is an appropriate arrangement for public interest criterion 4004. The applicant should provide evidence of it to the visa decision maker when asked, and again at the permanent stage.

Asking for a waiver of the debt

A waiver extinguishes a debt completely, and a waived debt does not count for public interest criterion 4004. Under the Department's policy, the power to waive a debt sits with the Minister for Finance and delegates within the Department of Finance, not with the Department of Home Affairs. A person who believes their debt should be waived must apply to the Department of Finance.

Waivers are discretionary and exceptional. A waiver request should not be relied on as the way to satisfy public interest criterion 4004 for a partner visa, because the outcome is uncertain and may take time. Where a waiver is sought, the applicant should usually also pay the debt or enter an instalment arrangement in the meantime, so that the partner visa is not held up.

Write-off is not the same as waiver

A written off debt is still a debt for the purposes of public interest criterion 4004. This is one of the most important and least understood points about a partner visa immigration debt.

Under the Department's policy, a debt may be written off where it is considered uneconomical to pursue or not legally recoverable. Write-off is an accounting decision not to take further recovery action. The person is not told, and the debt remains payable. Written off debts remain on the Department's records until paid in full, until the person becomes an Australian citizen, or until the debt is waived, and the policy states expressly that written off debts must still be taken into account in deciding whether a visa applicant satisfies public interest criterion 4004.

A waiver is different. A waiver extinguishes the debt completely, so the Commonwealth cannot pursue it later. Under the Department's policy, the power to waive a debt is vested in the Minister for Finance and delegates within the Department of Finance, and has not been delegated to the Department of Home Affairs. A person seeking a waiver must apply to the Department of Finance. Waived debts are removed from the Department's records and must not be taken into account for public interest criterion 4004.

A person who assumes that an old debt has disappeared because no one has asked for it for years may be wrong. The safest course is to check.

Family members and a partner visa immigration debt

Public interest criterion 4004 can apply to family members as well as the main applicant. For the Subclass 309 and Subclass 300 visas, the Department's policy explains that the primary applicant cannot be granted the visa unless each member of the family unit who is also an applicant satisfies public interest criterion 4004, and in many cases each member of the family unit who is not an applicant must also satisfy it. Similar requirements apply to secondary applicants for the permanent partner visas.

This means a partner visa immigration debt owed by a family member, such as an adult child included in the application, can affect the whole application. Every family member's debt position should be checked before lodgement.

The sponsor and a partner visa immigration debt

Public interest criterion 4004 is a criterion that the visa applicant, and in some cases family members, must satisfy. It is not a criterion the sponsor must satisfy for the partner visa. However, the Department's policy on debts recognises that the person liable for a debt may be a sponsor, and debts owed by a sponsor can be relevant to other matters. A sponsor with an outstanding Commonwealth debt should obtain advice, particularly if the debt arose from earlier immigration matters.

Partner visa immigration debt and onshore applications

For onshore applicants, a partner visa immigration debt can sit alongside other issues. An applicant who was previously unlawful, detained or the subject of court proceedings may face Schedule 3, condition 8503 or other bars as well as a debt. Our guides to the Schedule 3 criteria, the Schedule 3 partner visa waiver and the no further stay condition 8503 explain those issues. Our Schedule 3 waivers page explains how the firm acts in those matters.

Partner visa immigration debt and offshore applications

For offshore applicants, a partner visa immigration debt most often arises from an earlier removal or departure from Australia. The Subclass 309 visa and Subclass 300 visa both require public interest criterion 4004 to be met. Because offshore applicants are outside Australia, arranging payment or an instalment plan may require the Australian partner's help. The Australian partner, as sponsor, should be involved in resolving the debt early.

How to find out whether you have a partner visa immigration debt

The best way to find out whether you have a partner visa immigration debt is to check before lodging. Start with your own history. Have you ever been removed or deported from Australia? Have you been involved in a court case about a visa that you lost? Have you received support payments while waiting for a visa outcome? Have you worked or studied in Australia and possibly left tax or a study loan unpaid? Have you received social security payments?

Then check with the relevant agency. For debts to the Department of Home Affairs, the Department's debt management area can confirm whether a debt is recorded, its amount and its reference number. For tax and study loan debts, check with the Australian Taxation Office. For social security and child support debts, check with the relevant agency. Keep a record of each enquiry and the answer.

Old invoices and letters are useful. The Department's policy notes that people should be aware of their debts through previously issued invoices, and that, depending on the age and type of debt, reminder notices may have been sent. Anyone who has received such letters in the past should assume the debt is still outstanding until they confirm otherwise.

When to deal with a partner visa immigration debt

The right time to deal with a partner visa immigration debt is before the partner visa is lodged, or as early as possible after. Paying a debt or arranging an instalment plan can take time, and the Department will not grant the visa until it is done. Leaving the debt until the Department raises it adds delay at the end of a long process, and creates a risk that the arrangement is not in place when the decision is made.

There is also a credibility benefit. An applicant who discloses a partner visa immigration debt and shows that it has been paid or is being paid presents as honest and organised. An applicant whose debt is discovered by the Department, after saying nothing about it, presents very differently.

Disclosure and honesty

Applicants must answer the questions in the partner visa forms honestly. Where the forms or the Department ask about debts to the Commonwealth, the answer must be accurate. Public interest criterion 4020 applies where an applicant gives information that is false or misleading in a material particular in relation to the application. A false answer about a debt could engage that criterion, which carries its own serious consequences, in addition to the debt itself.

Honesty also matters in an instalment application. The information provided about income and expenses should be accurate, because an arrangement based on false information may not be an appropriate arrangement.

If a partner visa is refused because of a debt

If a partner visa is refused because the applicant has not satisfied public interest criterion 4004, the refusal can usually be reviewed by the Administrative Review Tribunal. The application for review must generally be made within 28 days after the day the person is notified of the decision, and that time limit cannot be extended.

The ART decides the matter afresh and considers the position at the time of its own decision. That is important for a partner visa immigration debt refusal. If the debt has been paid, or an appropriate arrangement has been made, by the time the Tribunal decides, the criterion may then be satisfied. A refusal for an unresolved debt is therefore often one that can be cured, provided the review is lodged in time and the debt is resolved before the Tribunal decides. Our partner visa refusals page, our guide to partner visa refused appeal options and our guide to what to expect at ART review explain the review process. For refused visas generally, see our visa refusals page.

Where a refusal relies on more than one ground, such as a debt and a relationship finding, every ground must be addressed. Paying the debt will not, by itself, overcome a finding that the relationship is not genuine.

A partner visa immigration debt at the permanent stage

Public interest criterion 4004 must also be satisfied at the permanent stage, for the Subclass 801 and Subclass 100 visas. A partner visa immigration debt incurred after the temporary visa was granted, such as a new tax debt or an overpayment of a Commonwealth benefit, will need to be resolved before the permanent visa is granted. An instalment arrangement that was in place at the first stage must still be in place, and up to date, at the second. Our guide to Subclass 820 and Subclass 801 explains how the two stages connect.

Applicants should keep their Commonwealth debts under control throughout the waiting period. A tax return lodged late, a benefit received after circumstances changed, or a missed instalment can each create a new partner visa immigration debt or undermine an existing arrangement, and each is easier to fix before the permanent visa is decided than after. Changes in circumstances should be notified to the Department using Form 1022.

A partner visa immigration debt after an earlier unlawful stay

Many applicants with a partner visa immigration debt have a history of unlawful stay in Australia. A person who overstayed a visa, was located, and was removed will usually have a removal debt. A person who was located and granted a bridging visa while their status was resolved may have received support payments. A person who challenged a decision in court and lost may have a costs order.

That history affects more than the debt. It can affect whether an onshore application can be made, whether Schedule 3 applies, whether an exclusion period applies after removal, and how the decision maker reads the relationship and visa history. A partner visa immigration debt in this context should be seen as one part of a wider set of issues, all of which need to be assessed together before the application is lodged.

What a partner visa immigration debt does not affect

A partner visa immigration debt does not affect the assessment of whether the relationship is genuine. The decision maker assesses the relationship on the relationship evidence, and the debt is assessed separately under public interest criterion 4004. A couple whose relationship is strong but who have an unresolved debt will be refused on the debt, not on the relationship, and the remedy is to resolve the debt.

A partner visa immigration debt also does not prevent an application from being lodged. A valid application can be made while a debt is outstanding. What it prevents is grant. That is why the debt should be resolved during processing, well before the decision is made.

Common mistakes with a partner visa immigration debt

The same mistakes appear in many matters involving a partner visa immigration debt.

Assuming an old debt has gone

A debt that has not been mentioned for years may have been written off, but a written off debt still counts. Check rather than assume.

Worrying about the wrong debts

State traffic fines, state hospital bills and private debts are not debts to the Commonwealth for public interest criterion 4004. Commonwealth debts, such as removal costs, court costs and tax debts, are.

Forgetting court costs

Applicants who lost a court case about a visa often forget that costs may have been ordered against them. Those costs can be a debt to the Commonwealth.

Waiting for the Department to raise it

Dealing with the debt only when the Department asks adds delay and risk at the end of the process.

Breaching an instalment arrangement

An arrangement that is not kept may no longer be an appropriate arrangement. Instalments should be paid on time throughout the process.

Overlooking family members

A debt owed by a family member included in, or affected by, the application can prevent grant. Every family member's position should be checked.

Preparing a partner visa with a debt step by step

A partner visa application involving a partner visa immigration debt is best prepared in a clear order:

• identify every possible Commonwealth debt for the applicant and family members;
• confirm the amount and reference number of each with the relevant agency;
• decide whether to pay in full or apply for an instalment arrangement;
• make the payment or obtain approval of the arrangement, and keep the evidence;
• prepare the partner visa application, including the relationship evidence, in the usual way;
• disclose the debt and the arrangement accurately if asked; and
• keep the arrangement up to date until both stages of the partner visa are decided.

The relationship evidence must still meet the legal test. Our guides to partner visa relationship evidence, the partner visa relationship statement, Form 888 for partner visas, the partner visa document checklist and the 820 partner visa evidence checklist explain that evidence. The application is lodged through ImmiAccount, and where a lawyer acts, the Department is notified using Form 956. A Form 80 may be requested, and it asks about earlier removals and visa history.

Getting advice on a partner visa immigration debt

Advice on a partner visa immigration debt is most valuable before lodgement, when the debt can be resolved without delay to the decision. An initial immigration lawyer consultation can identify debts the applicant may not have considered, and the other issues that often accompany them, such as earlier removals, Schedule 3 and exclusion periods. Where the Department has already raised a debt and time is short, our guide to urgent immigration lawyer advice explains what to prepare.

Our articles comparing a partner visa lawyer with doing it yourself, explaining when you need an immigration lawyer for a partner visa, and setting out the difference between a migration agent and an immigration lawyer may help with the choice of representation. Our articles on why partner visas get refused and the most common Subclass 820 refusal reasons explain the wider refusal risks. Where a visa has been cancelled in the past, our visa cancellations page explains how earlier cancellations can affect later applications.

How My Migration Lawyers helps with a partner visa immigration debt

My Migration Lawyers acts for couples where a partner visa immigration debt, or the history behind it, affects a partner visa. The firm deals with complex partner visa cases and acts in many matters of this exact type, including applicants who were previously removed, applicants with unpaid court costs from earlier litigation, applicants with support payment overpayments, and applicants with tax or study loan debts. It is capable of handling these matters from the first check of the debt position through to grant, and at review if a refusal has been made.

The work in a partner visa immigration debt matter usually includes:

• Identifying the debts. Reviewing the applicant's and family members' history to identify every possible Commonwealth debt, and distinguishing them from debts that do not count.
• Confirming the position. Advising how to confirm each debt's amount and status with the relevant agency.
• Resolving the debt. Advising on payment in full or an instalment arrangement, and on the evidence needed to show the arrangement is in place.
• Related issues. Assessing the other issues that often accompany a debt, such as an earlier removal, an exclusion period, Schedule 3 or condition 8503.
• The partner visa itself. Preparing the relationship evidence and the application so that the debt is the only issue to resolve, not one of many.
• Review. Lodging an application for review within time if the visa has been refused, and resolving the debt before the Tribunal decides.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our work as immigration lawyers in Australia. We act for couples throughout Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and our immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm's approach is practical. A partner visa immigration debt is rarely the most complicated part of a matter, but it is one of the easiest to overlook and one of the most frustrating reasons for a refusal. The firm makes sure it is identified, resolved and documented before the decision, so that the outcome turns on the relationship and the other criteria, not on an unpaid invoice from years ago.

A partner visa immigration debt is usually a problem that can be solved, if it is found early. Book a consultation with My Migration Lawyers online, or call 1300 040 300.