What Should I Do If My Partner Visa Is Outside Published Processing Times?
Key points
- The Department publishes processing times for each partner visa subclass and updates them regularly.
- Published processing times describe past processing, not a legal deadline for any single application.
- The applicant must keep contact details and circumstances up to date with the Department.
- An applicant can request the Department's file under the Freedom of Information Act 1982.
What does it mean when a partner visa is outside published processing times?
A partner visa that is outside published processing times has taken longer than most recent applications of the same subclass. The published figure is a guide based on past cases, not a promise or a legal deadline, so being outside it does not mean anything has gone wrong. It does mean the applicant should check that nothing on their side is holding the case up. Our article on partner visa processing times explains how the figures are calculated.
What should I check first in ImmiAccount?
The first thing to check in ImmiAccount is whether any request, invitation or health referral is outstanding, and whether every uploaded document shows as received. Applicants should also confirm that their email address and residential address are current, because requests sent to an old address still count. Our article on partner visa change of address explains how to update details, and our article on how to create an ImmiAccount helps applicants who need access.
Should I upload new evidence while I wait?
New evidence should be uploaded while waiting, because the Department decides the application on the evidence at the time of decision. Recent joint financial records, household documents and evidence of the couple's social life show the relationship is continuing. Our article on partner visa relationship evidence explains which documents carry most weight.
How do I make an enquiry with the Department?
An applicant makes an enquiry with the Department through its online enquiry channels, giving the application reference, the date of lodgement and a short statement of the concern. A focused enquiry about a specific issue, such as a document the applicant believes was not received, is more effective than a general request for a decision. Our article on partner visa processing delays explains when to follow up.
When can I ask for priority processing?
An applicant can ask for priority processing when there are compelling circumstances, such as serious illness or significant hardship affecting the applicant, the sponsor or a child. The request should explain the circumstances and include independent evidence. Our article on partner visa priority processing explains how these requests are assessed.
How can I find out why my application is taking so long?
An applicant can find out more about why an application is taking long by requesting the Department's file under the Freedom of Information Act 1982. The file can show outstanding checks, internal notes and requests that may not have reached the applicant. Our article on the partner visa FOI request explains how to make the request.
How does My Migration Lawyers act on a partner visa outside published processing times?
My Migration Lawyers acts on an overdue partner visa by checking the application against the Department's record, then fixing what can be fixed: missing checks, outdated evidence, unreported changes and unanswered requests. The firm makes a focused written enquiry and, where the facts justify it, a priority request with evidence of the hardship. Couples can ask our partner visa lawyers to review an overdue application, and can read about the firm's Subclass 820 visa work.
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