Can a Lawyer Help With a Partner Visa Sponsorship Refusal?

Why would a partner visa sponsorship be refused?

A partner visa sponsorship is usually refused because the sponsor exceeds the sponsorship limits in regulation 1.20J without a waiver, because the sponsor has convictions for relevant offences and a significant criminal record, because the sponsor did not provide police checks when asked, or because of child protection concerns where children are included. Our page on partner visa sponsorship limitations explains the limits.

Is a sponsorship refusal a separate decision I can appeal?

A sponsorship refusal for a partner visa is not a separate decision, because the Department treats approval of the sponsor as part of the decision on the visa itself. The challenge is therefore made against the visa refusal, generally by applying to the Administrative Review Tribunal within the strict time limit. Our article on the ART review process explains the steps.

How does a lawyer challenge a refusal based on the sponsorship limits?

A lawyer challenges a refusal based on the sponsorship limits by first checking the dates and records of every earlier sponsorship, because the limit may have been applied wrongly. Where the limit does apply, the lawyer builds a case of compelling circumstances affecting the sponsor for the Tribunal to consider. Our article on when a sponsor cannot sponsor explains how the limits are counted.

What if the sponsor has a criminal record?

Where the sponsor has a criminal record, a lawyer checks whether the convictions are relevant offences of the kind the regulations describe and whether the record is significant, because not every conviction leads to non-approval. Even where the rules apply, the decision-maker may still approve the sponsorship after considering the relevant matters. Our article on the partner visa criminal record explains how criminal history is assessed.

What if the sponsor did not provide police checks in time?

Where the sponsor did not provide police checks in time, a lawyer gathers the missing checks and shows the Tribunal why they were delayed. Non-approval on this ground depends on the sponsor having had a reasonable time and opportunities to provide them, which can be tested in review. Our article on the AFP police check for a partner visa explains how checks are obtained.

Should we review the refusal or change sponsor?

Whether to review the refusal or rely on a different sponsor depends on the relationship, because only the applicant's genuine partner can sponsor a partner visa. Where the sponsor's position can be fixed or a waiver argued, review is usually the path. Where it cannot, other visa options should be considered before the bridging visa ends. Our page on partner visa refusals explains the firm's approach.

How does My Migration Lawyers handle a refusal caused by the sponsor's position?

My Migration Lawyers handles a refusal caused by the sponsor's position by establishing exactly which sponsorship rule was applied and whether it was applied to the correct facts. The firm then works with the sponsor directly on records, police checks or waiver evidence, while acting for the applicant in the Tribunal review so both partners understand the case. Couples can speak with our partner visa lawyers.