Australian Partner Visa Rejection Or Refusal Reasons

May 25, 2023    Migration Lawyer Perth
Australian Partner Visa Rejection Or Refusal Reasons

What are the Reasons behind Partner Visa Rejection?

When settling in Australia for business, education or any other purpose, you cannot leave your family behind. A visa allows your spouse to come and reside legally in Australia. The name of the visa is a partner visa which you can grant temporarily or permanently according to your requirement.

But there are certain causes that can get your visa cancelled. If you want this process to be perfect, read the blog to know the partner visa rejection reasons. Breaching visa rules or inability to meet the conditions can be one of the major reasons.

What Is the Use of a Partner Visa?

The partner visa allows the spouse of an individual citizenship holder to reside in the country legally. It also applies to eligible New Zealand citizens or permanent residents. Whether you are living here for the purpose of work or starting up a new business, you can include your spouse through the visa.

It has both temporary and permanent residing opportunities. Mainly the following visas fall under this category of partner visa.

  • Subclass 300 (Fiancé Visa)
  • Subclasses 309 (Partner Visa Offshore)
  • Subclass 100 (Partner Visa Offshore)
  • Subclass 801 (permanent, Partner Visa Onshore)
  • Subclass 802 (temporary, Partner Visa Onshore)

Each of them carries different values. But some of the standard allowances have no difference. For instance, it can give your partner the allowance to work. know types of partner visas with working rights. You are also allowed to pursue education and apply for jobs. The temporary visa has more privileges than the permanent one.

Can It Get Dismissed?

The number of visa rejections has significantly increased in Australia since 2014. In the present fiscal year, 390 visas have been cancelled, while 65 were rejected under Migration Act 1958 section 501(3A). Thus, your visa can also get refused for any fluctuation in the application process.

  • Your inability to provide valid relationship proof.
  • Incapable of characterizing relationships and family responsibilities.
  • Presenting wrong information.
  • Lack of readiness in finishing a partner’s assessment.
  • Failure in the character inspection.
  • Giving incorrect details about the children.

The above-depicted reasons can put your partner’s visa to an end. Apart from that, failure to choose the correct visa type and inefficiency in researching the requirements and conditions can also be the reasons for your partner’s visa rejection.

The visa comes with a high cost of AUD8,085 for most applicants, which indicates achieving it takes work. There are other sponsorship charges as well that your partner needs to provide. The refusal of it can cause significant loss for both of you.

Can Your Visa Get Rejected for Not Meeting the Australian Partner Visa Requirements?

Before you apply for a visa, you must be aware of their requirements. Negligence of it can be one of the Australian partner visa refusal reasons. Here are the requirements that you must fulfil while you are applying for the visa.

  • While applying for it, your relocation to Australia is a must.
  • You need to follow the legal requirements of the Australian Immigration Authorities.
  • Following the legal requirement of the Australian Government is also necessary.
  • It is your responsibility to bear all the expenses associated with the visa application.
    You must meet the medical requirement and fulfil the costs.
    You also need to satisfy the requirement in the police verification.

You have to fulfil all the requirements if you do not want your visa to be refused. Managing it all at once is nothing less than carrying an unnecessary heavyweight. But you can consider yourself fortunate as there are experienced partner visa lawyer to help you with the correct process.

Is Meeting the Eligibility Criteria Necessary for a Partner Visa?

Only fulfilling requirements is not sufficient. It would help if you met all the criteria to stand eligible for the visa application. Otherwise, it can result in a rejection of your application. If you want to avoid that, do not forget to check the following points.

  • Your Australian partner has to sponsor your application for a visa over residency in Australia.
  • Both of you must be above 18 years to lodge your applications.
  • Your sponsor must be a permanent or temporary citizen of Australia or an eligible New Zealand citizen.
  • You and your spouse must be in a relationship for at least 12 months.
  • Your partner must have solid marriage or relationship evidence.
  • You and your partner must pass all the documentation.

Meeting these criteria is necessary as your visa can get rejected anytime in failure to satisfy the criteria. To avoid the risks, taking the guidance of an expert would be an intelligent choice. You can get no expert as resourceful as the lawyers.

What If Your Relationship Ends?

You may think your visa can get rejected if you and your partner get separated. Well, it is true if you both agree on undertaking the visa application, but it is imperative for you to know that your sponsor partner has no right to cancel your application.

Once you have applied, the only person who can refuse it is the officer. Therefore, even if your relationship breaks, refusal is not possible from your partner.

As mentioned earlier, the cost can be so high in the permanent as well as temporary partner visa that its rejection can endorse you into a loss. Also, the process is pretty daunting, which can result in a waste of time and energy at the same time. Now it is self-evident you would not want your visa to get cancelled. It is thus immensely crucial for you to do the right things.

The Bottom Lines

In conclusion, the partner visa is one of the most critical subclass visas that require valid documentation. If you fail to meet the criteria, the case officer can refuse your partner visa. In that case, you can hire a visa lawyer to avoid the Australian partner visa refusal reasons. They would ensure nothing can stop you from achieving what you deserve.

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