Can a Complex Partner Visa Still Be Granted?

What makes a partner visa complex?

A partner visa is complex when some part of the applicant's or sponsor's history engages a legal test beyond the ordinary relationship criteria. Common examples are an expired or cancelled visa, an earlier refusal, condition 8503, a criminal record, a significant health condition, an earlier sponsorship or a relationship with limited evidence. Each of these brings its own law and its own evidence. Our article on the partner visa requirements explains the ordinary criteria that every application must meet first.

Which partner visa problems can be overcome with a waiver?

Several partner visa problems can be overcome with a waiver if the applicant shows the circumstances the law requires. Schedule 3 can be waived for compelling reasons, the health criterion can be waived where granting the visa would not cause undue cost or undue prejudice to access to health care or community services, condition 8503 can be waived on narrow grounds, and sponsorship limits can be waived for compelling circumstances affecting the sponsor. Our Schedule 3 waivers page and our article on the partner visa health waiver explain two of the most common.

Which partner visa problems are hardest to overcome?

The hardest partner visa problems are those where the law gives the Department little or no discretion, or where the applicant's own credibility is in doubt. A finding under PIC 4020 that false or misleading information was given, a cancellation under section 501, and serious inconsistencies between earlier applications and the current one are difficult to answer. These cases call for careful assessment before anything further is lodged. Our article on the partner visa PIC 4020 explains why.

Does a complex partner visa take longer to decide?

A complex partner visa often takes longer to decide, because the Department may need further information, health or character assessments, or a separate decision on a waiver. Requests under section 56 and natural justice letters under section 57 are more common in complex matters, and each has a short deadline. A complete application that answers the known issue at lodgement, with the waiver submission and supporting documents already attached, gives the Department less reason to come back with questions. Couples should also keep the application up to date while it is pending, because new evidence of the relationship continues to count. Our article on partner visa processing delays explains the usual causes.

What if a complex partner visa is refused?

If a complex partner visa is refused, the applicant may be able to apply to the Administrative Review Tribunal, which reconsiders the case on the facts and can accept new evidence. Review time limits are short and strictly applied. In some cases a fresh application is the better path. Our partner visa refusal page and our article on partner visa appeal versus reapplication explain the choice.

How does My Migration Lawyers approach a complex partner visa?

My Migration Lawyers identifies every legal test the couple's history engages before lodgement, rather than discovering the problem when the Department raises it. The firm checks the applicant's earlier visa applications for inconsistencies, prepares any waiver submission with the evidence the law calls for, and tells the couple plainly where a risk cannot be removed. Couples can discuss their history with our partner visa lawyers.