Should I Mention My Partner on My Visitor Visa Application?
Key points
- A visitor visa applicant must genuinely intend to visit Australia temporarily.
- PIC 4020 allows refusal where false or misleading information has been given in an application or in certain earlier applications.
- A visitor visa may carry condition 8503 No Further Stay, which limits applying for another visa in Australia.
- The Department can compare answers in a visitor visa application with those in a later partner visa application.
Do I have to tell the Department about my partner on a visitor visa application?
A visitor visa applicant has to tell the Department about a partner whenever a question asks about relationship status, family members, contacts in Australia or the purpose of the visit. Each answer is given under a declaration that it is true and complete. Leaving out a spouse or de facto partner is not a neutral choice, because the Department treats an incomplete answer as misleading. Our article on partner visa false information refusal explains how these issues arise.
Will mentioning my Australian partner cause my visitor visa to be refused?
Mentioning an Australian partner does not of itself cause a visitor visa to be refused, but the Department will consider whether the applicant genuinely intends to visit temporarily. An applicant with strong reasons to return home, such as work, study, property or family, and a clear plan for the visit is in a better position. A refusal for honest reasons is far easier to deal with later than a finding of false information. Our article on partner visa after visitor visa refusal explains the options if a visitor visa is refused.
How can hiding my partner affect a later partner visa?
Hiding a partner on a visitor visa application can affect a later partner visa because the Department compares the relationship history given in each application. If the partner visa shows the relationship already existed when the visitor visa form said otherwise, the Department may raise PIC 4020 or question the credibility of the relationship evidence. Our article on partner visa PIC 4020 explains the integrity criterion, and our article on the partner visa undeclared relationship covers relationships left off earlier forms.
Can I visit my partner on a visitor visa and then apply for a partner visa in Australia?
A visitor can sometimes apply for a partner visa in Australia, but only if the visitor visa does not carry condition 8503 No Further Stay, or a waiver is obtained, and the other onshore criteria are met. Applicants who plan this should get advice before they apply for the visitor visa. Our guide to moving from a tourist visa to a partner visa and our article on the partner visa no further stay condition explain the limits.
What if I already left my partner off an earlier visitor visa application?
An applicant who already left a partner off an earlier visitor visa application should get advice before lodging a partner visa. The answer is usually to deal with the earlier omission honestly and explain how it happened, rather than repeat it. Our page on partner visa refusals explains how integrity findings are reviewed if a refusal follows.
How does My Migration Lawyers advise couples on a visitor visa before a partner visa?
My Migration Lawyers advises couples on the visitor visa and the later partner visa together, so that the answers given in the first application are accurate and consistent with the relationship history in the second. The firm checks whether condition 8503 is likely, plans the timing of any onshore application and, where an earlier form was inaccurate, prepares a full explanation for the Department. Couples can speak with our partner visa lawyers before either application is lodged.
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