Australian visa application

Australian Visa Application for Partner-Reasons for Refusal

Australian Visa Application – Partner Visa To Australia

The Australian Partner Visa – Australian Visa Application – allows the applicant/spouse/partner of an Australian citizen, Australian permanent resident or New Zealand eligible citizen live in Australia permanently. The partner visa stream remains one of the most common methods of achieving permanent residency within Australia.

Many couples that were once divided across countries or state borders will often seek to bridge that gap and live together in Australia on a more permanent basis. While for many this is a dream that they wish to have fulfilled, it is often one that is not without some known pitfalls or difficulties that can be known to plague it.

If a pair of partners are attempting to settle within Australia as a couple, there are naturally several potential issues that can easily emerge that can result in an Australian visa application ending up as being refused.

Evidence of Genuine and Continuing Relationship for an Australian Visa Application

The first and most common pitfall that is often encountered has to do with proof of the relationship. Many partners that have chosen to live together in Australia often fail to produce suitable proof that the relationship is genuine and continuing. This is one of the main requirements of any Australian partner visa being applied for and must be fulfilled.

The visa applicant and the Australian sponsor must be able to show proof of the seriousness of the relationship to show that it is a continuing and genuine relationship. This is to ensure that the relationship has not been started under false pretences, or that the applicant is simply seeking to enter Australia with a relationship that is perhaps not as serious as both applicants had originally thought it would be.

As such, evidence of the continued relationship has become a mandatory requirement to ensure that the applicant and sponsor are both prepared to be in a long-term committed relationship without any potential consequences that could cause regret. In order to prove this, often there will be a variety of items made to prove that the relationship is serious.

One of the first, for those that have been in a long-distance relationship, is the evidence of ongoing communication that has continued between the couple while they were living apart. This is done using shared chat-logs, social media posts, emails and other video or written communications.

If the visa applicant and the sponsor live together, further proof is found in things like shared bills, proof of shared lodging and other items that prove that the relationship is continuing.

Marriage certificates and, depending on where you are situated, registering the relationship can also contribute to proof but there does need to be solid evidence that the relationship has been ongoing for some time prior to the marriage or registration. Without this, a relationship may be taken to not be genuine and the Australian visa application is likely to fail. 

Sponsorship Limitation for a Partner Visa Application

The second area that often trips up an application for a partner visa has to do with the sponsoring partner. First and foremost, a partner may only sponsor 2 partners maximum throughout their lifetime in Australia. This means that in the event that someone has already sponsored two partners, they are not able to do so a third time.

There does exist, in some cases, exceptions to this limit but they are dependent on specific circumstances that must be proven to the case managers and ensure that the sponsor is only choosing to sponsor an applicant that he has a genuine and ongoing relationship with.

This has been a point that has tripped many applicants up as they did not understand this sponsorship limitation. But, alongside the limits that have been placed on sponsors having sponsored more than two applicants there is another limit that is often even more of an issue in these circumstances.

This issue has to do with the amount of time that has passed since the previous application was lodged, as there is a time limit on how long must have passed before a sponsor is able to successfully sponsor another applicant after a previous successful partner visa application.

If an Australian permanent resident or citizen or a New Zeeland eligible citizen chooses to sponsor another applicant for an Australia partner visa, they must wait at-least five years since their previous Australian visa application.

Much like with the evidence, this is to ensure that the sponsor and applicant are both in a continuing relationship and that the application is not being made under false pretenses.

Must Be A Person of Good Character

The final issue that can regularly be a hurdle for both sponsor and applicant is to do with the character requirements. Specifically, to do with past criminal activity and time in prison. An applicant has strict character requirements that they must meet to ensure they are granted a visa and are allowed entry into Australia.

This can be negatively affected by things such as: criminal offences, time in prison and unpaid debts. However, for Australian sponsors, there are similar conditions in place to ensure that the applicant is not going to be placed into a dangerous situation should they enter a continuous relationship with them.

The sponsors must first and foremost ensure that they have not been in jail for a period of more than 12 months, they have not been involved in serios legal matters concerning domestic violence or traffic of illegal substances, just to give some examples. In other words, they must prove they do not have a substantial criminal record. This is to ensure that they are not responsible for any serious offenses that could present a failure of character.

There are also certain criminal acts that can immediately cause a sponsor to be disregarded as a suitable sponsor. The first is if they have been responsible for any crimes that might present them as harmful to their partner. This includes crimes such as stalking, history of partner abuse, breaches of any apprehended harm order and even more serious offences that present a greater harm to others. This includes child endangerment, and even more grievous offences such as sexual assault.

As such, when an Australian sponsor is seeking to bring the partner to Australia, they are required to lodge a police check with the Australian visa application to ensure that they are a suitable sponsor. In some cases, depending on the nature of the sponsors offence, this restriction may be waived provided two conditions are met.

The first is that the offence had occurred five years ago before the lodging of the sponsorship application. The second, and an important aspect of getting this waived, is that the sponsor must not have reoffended and been convicted of another offence.

Additionally, compelling circumstances will need to be presented to show that the sponsor will no longer be a threat. Finally, it is important to remind applicants that this is only in the event of convictions. If the charge was withdrawn, dismissed, or disposed of this condition will no longer be an issue as long as it has been proven to no longer be the case for the sponsor to be involved in an ongoing case. These conditions are also requirements for the applicant, and failure on their part to meet these requirements can result in the application being refused by the authorities.  

Many applicants are rejected every year because of unnecessary errors despite actually meeting the partner visa criteria – don’t let yourself become the next to fail.

Contact VISA LOUNGE AUSTRALIA today to confirm your eligibility for Australian Partner Visa and start the preparation of your Australian visa application!

High success rate, FREE 20 minutes consultation, stress free application!

Published by Maddie Phillips

Australian Immigration Law Specialist with over 12 years experience, I provide high touch immigration solutions for businesses and individuals, all aspects of Australian immigration law. OMARA Licenced, Member Migration Institute of Australia and Australian Human Resources Institute.

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