Why Are Partner Visas Refused?

Why are partner visas refused for relationship reasons?

Partner visas are refused for relationship reasons when the Department is not satisfied that the couple have a mutual commitment to a shared life to the exclusion of all others, and that the relationship is genuine and continuing. The Department weighs the four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. Thin evidence in one aspect, or evidence that conflicts across documents, is a common trigger. Our article on a non-genuine relationship refusal explains how these findings are made.

Why are de facto partner visas refused?

De facto partner visas are refused when the couple cannot show they were in a de facto relationship for 12 months before lodgement and no exception applies, or when the evidence does not show they lived together or did not live apart permanently. Registering the relationship on a state or territory register can remove the 12-month requirement. Our article on the de facto partner visa explains the rule and its exceptions.

Why are onshore partner visas refused under Schedule 3?

Onshore partner visas are refused under Schedule 3 when the applicant did not hold a substantive visa at lodgement and cannot meet the Schedule 3 criteria or show compelling reasons to waive them. A genuine relationship and the hardship of separation are generally not treated as compelling reasons on their own. Our article on a Schedule 3 refusal explains what the Department looks for.

Can false information or documents cause a partner visa refusal?

False information or documents can cause a partner visa refusal under PIC 4020, even where the relationship is genuine. This includes false statements in earlier visa applications that the Department later compares with the partner visa. A refusal on this ground can also lead to an exclusion period for later applications. Our article on PIC 4020 for partner visas explains the risk.

What other reasons lead to partner visa refusals?

Other reasons that lead to partner visa refusals include character concerns, failing the health requirement, sponsorship limits or sponsor criminal history, condition 8503 on a previous visa, an invalid application, and not responding to a request for information or a natural justice letter in time. Our article on partner visa refusal reasons sets out each ground in more detail, and our article on why partner visas get refused covers common mistakes made before lodgement.

Can a refused partner visa be reviewed?

A refused partner visa can usually be reviewed by the Administrative Review Tribunal, which decides the case afresh and can consider new evidence. The time limit for applying is short and strictly applied. For a Subclass 309 refusal, the visa applicant applies for review in their own name, from anywhere. Our page on partner visa refusals explains the options.

How does My Migration Lawyers reduce the risk of a partner visa refusal?

My Migration Lawyers reduces refusal risk by checking each legal criterion before lodgement, comparing the new application with the applicant's earlier visa history, and organising relationship evidence so each of the four aspects is clearly shown. Where a refusal has already happened, the firm identifies the exact finding and the evidence that answers it. Couples can speak with our partner visa lawyers at either stage.