We Got a Notice of Intention to Refuse Our Partner Visa. Who Can Help?

What is a notice of intention to refuse a partner visa?

A notice of intention to refuse a partner visa is a letter from the Department explaining that, on the information it holds, it is considering refusal and inviting the applicant to respond. In partner visa matters it is commonly a section 57 natural justice letter, but similar letters are sent on character, false information and other issues. Whatever its title, the letter means the decision is not yet made. Our guide to the section 57 natural justice letter explains how these letters work.

What concerns do these notices usually raise?

The concerns these notices usually raise are doubts about whether the relationship is genuine and continuing, inconsistencies with earlier visa applications, statements from third parties, documents the Department suspects are not genuine, and character matters. Our article on common adverse information in section 57 letters gives examples, and our article on the non-genuine relationship refusal explains the most frequent concern.

Is a notice about false information more serious?

A notice about false information is more serious than most, because public interest criterion 4020 can lead to refusal and, in some cases, a period during which further visas cannot be granted. The response must address whether the information was in fact false or misleading and, if so, the circumstances. Our article on the false information refusal explains the criterion and the consequences.

Who should respond to a notice of intention to refuse?

The applicant responds to a notice of intention to refuse, usually through a lawyer or registered migration agent appointed with Form 956. The sponsor often provides evidence and a supporting statement, because many concerns relate to the relationship as a whole. Where the concern is about character, our article on partner visa character refusal explains the further material that may be needed.

What should we avoid when responding?

When responding to a notice of intention to refuse, a couple should avoid general assurances without evidence, new inconsistencies, angry or accusatory language and late lodgement. Each concern should be answered on its own terms with documents. If a mistake was made in an earlier application, it is usually better to explain it honestly than to deny what the records show. Couples should also keep a record of exactly what was lodged and when, including the upload confirmation from ImmiAccount, so there is proof that the response reached the Department within the period if this is ever questioned.

How does My Migration Lawyers help couples facing a notice of intention to refuse?

My Migration Lawyers helps couples facing a notice of intention to refuse by acting quickly on the deadline, obtaining the full context of the concern and preparing a response that answers it as a decision-maker would test it. The firm, led by Principal Lawyer Weiwei Zhang, works with both partners by video and email so that the evidence each holds is captured, and explains candidly where the risks remain. Couples can contact our partner visa lawyers, and if a refusal still follows, the firm advises on partner visa refusals and review.