Can I Get a Partner Visa If I Owe Money to the Australian Government?

What kinds of government debt affect a partner visa?

The kinds of government debt that affect a partner visa are debts owed to the Commonwealth, which include debts owed to the Department of Home Affairs and debts owed to other Commonwealth agencies. Debts to the Department commonly arise from removal from Australia, legal costs awarded in court proceedings and overpaid support payments. Debts to other agencies can also be relevant. Our article on partner visa immigration debt explains how each type arises.

Do I have to pay the whole debt before the visa is granted?

An applicant does not always have to pay the whole debt before the visa is granted, because PIC 4004 can be met by an approved instalment arrangement. Departmental policy does, however, generally expect the debt to be paid in full before grant, and an applicant who cannot pay must apply for an instalment plan. Failing to pay or to enter into an acceptable arrangement leads to refusal. Our article on the partner visa cost explains the other amounts a couple should budget for.

My debt was written off. Does it still count?

A debt that was written off still counts for PIC 4004, because writing off a debt is only a decision not to pursue recovery at that time and the debt remains payable. Written-off debts stay on the Department's alert list until paid, waived or the person becomes an Australian citizen. Only a formal waiver extinguishes the debt, and that power sits with the Department of Finance. Our article on partner visa refusal reasons explains why unresolved debts lead to avoidable refusals.

Can my sponsor pay the debt for me?

A sponsor or family member can pay the debt on the applicant's behalf, because PIC 4004 is concerned with whether the debt has been paid or properly arranged, not with who pays it. Payment should be made using the invoice details so that it is matched to the right record, and proof of payment should be kept and given to the Department. Our article on partner visa financial evidence explains how money paid by one partner for the other can also support the relationship case.

When should I deal with the debt?

An applicant should deal with the debt as early as possible, ideally before lodging, because the Department will identify it during processing and ask for payment before deciding. Starting early allows time to confirm the amount, arrange payment or an instalment plan and avoid a refusal on an issue that could have been resolved. Debts often arise alongside removal history, which our article on a partner visa after overstaying also covers.

How does My Migration Lawyers help with a debt to the Commonwealth?

My Migration Lawyers confirms the debt with the client's records and the Department's file, works out whether it is paid, arranged, written off or waived, and advises how to satisfy PIC 4004 before the partner visa is decided. Where the debt is linked to an earlier removal, the firm also checks the special return criteria for the Subclass 309. Clients can speak with our partner visa lawyers about clearing the debt in time.