Do I Need to Disclose a Previous Visa Refusal on My Partner Visa?

Which visa refusals do I need to disclose?

The visa refusals to disclose are those the application questions ask about, which include earlier Australian visa refusals and cancellations, and in some forms refusals by other countries. An applicant should read each question carefully and answer it fully, rather than deciding a refusal was too minor to mention. Our article on Form 80 for a partner visa explains the detailed history questions.

What happens if I do not disclose a previous refusal?

If an applicant does not disclose a previous refusal, the Department will usually find it in its own records and may invite comment under section 57 before considering refusal under PIC 4020. A PIC 4020 refusal can carry an exclusion period that affects future applications. Our article on PIC 4020 explains how the integrity test works.

Does an old or short visitor visa refusal still count?

An old or short visitor visa refusal still counts if the application question covers it, because the questions are not limited by age or visa type. A refusal many years ago may have little effect on the partner visa, but leaving it out can create a far larger problem. Our article on a partner visa after a visitor visa refusal explains how these refusals are viewed.

What if my previous agent left out a refusal?

If a previous agent left out a refusal, the applicant should correct the answer with the Department as soon as they become aware of it, as section 104 requires. Correcting it openly is far safer than waiting for the case officer to find it, and the explanation can be supported by evidence of what the applicant told the agent. Our article on partner visa false information refusal explains the risk.

Should I explain the earlier refusal in the application?

An applicant should usually explain the earlier refusal briefly in the application, setting out why the earlier visa was sought, why it was refused and how the circumstances differ now. A short explanation avoids leaving the case officer to draw their own conclusions. Where documents from the earlier application are relevant, such as the refusal letter, they can be attached so the explanation is supported rather than simply asserted. Our page on visa refusals explains how earlier refusals are approached.

Does disclosing a refusal make the partner visa harder?

Disclosing a refusal does not usually make the partner visa harder by itself, because the relationship is assessed on its own evidence. The refusal can matter where it affects lodgement, for example through section 48 or Schedule 3, or where the earlier application said something inconsistent with the relationship. Our article on partner visa conflicting statements explains how inconsistencies are handled.

How does My Migration Lawyers deal with earlier refusals on a partner visa?

My Migration Lawyers deals with earlier refusals on a partner visa by confirming each refusal from records, including the Department's file where needed, and then answering every history question accurately. Where an earlier answer was wrong, the firm prepares the correction and an explanation. Couples can speak with our partner visa lawyers before answering the questions.