Can I Get a Partner Visa If I Have Used a Different Identity Before?

How does a previous identity affect a partner visa?

A previous identity affects a partner visa because the Department must be satisfied that the applicant is who they say they are, and it will compare the new application with every earlier record it holds. The Department considers biometrics, documents and the applicant's life story together, so a fingerprint or facial match to another name will usually be found. Our article on PIC 4020 for partner visas explains how the integrity criterion works.

What is the difference between the identity test and the false information test?

The identity test and the false information test are separate parts of PIC 4020. The identity test asks whether the Department is satisfied of the applicant's true identity now, and it cannot be waived. The false information test asks whether a bogus document or false information was given in the current application or in relation to a visa held in the 12 months before it, and that part can be waived in limited circumstances. An applicant who used another identity long ago may face the identity question without facing the false information question. Our article on the partner visa false information refusal explains the second test.

Should I disclose the identity I used before?

An applicant should disclose any identity used before, because the partner visa forms ask about other names and earlier applications, and an incorrect answer creates a fresh problem in the current application. Disclosure allows the explanation to be given on the applicant's own terms, with documents, rather than in response to a Department finding. Our article on partner visa false documents explains why concealment usually causes more damage than the original issue.

What documents help establish my true identity?

Documents that help establish true identity are those issued by official authorities and consistent with each other, such as a current passport, a birth certificate, a national identity card and records showing any name change. Where documents show different names or dates of birth, the applicant should explain each difference and provide evidence of how it arose. Our article on partner visa evidence translation explains how foreign documents should be prepared.

Can the Department cancel or refuse because of an earlier identity?

The Department can refuse a partner visa if it is not satisfied of the applicant's identity, and an earlier visa may also be exposed to cancellation if it was granted on incorrect information. Before refusing on PIC 4020 grounds, the Department must invite the applicant to comment on the information that would be the reason, or part of the reason, for refusal. That response is often the most important document in the case. Our article on the section 57 natural justice letter explains how to answer it.

How does My Migration Lawyers handle a partner visa involving a past identity?

My Migration Lawyers obtains the Department's records of every earlier application before advising, so the firm knows exactly what was said under each identity and when. The firm then prepares a disclosure that explains the history accurately, gathers the documents that establish the applicant's true identity and, where PIC 4020(1) is engaged, builds the waiver case around the Australian sponsor. Applicants can discuss the matter in confidence with our partner visa lawyers.