Why Partner Visas Are Hard to Get – And How to Avoid Rejection?

Is it hard to get a partner visa in Australia?

Getting a partner visa in Australia can be challenging, with refusal rates increasing in recent years. While not impossible, it requires careful attention to detail and strong evidence to demonstrate a genuine and sustained relationship. Refusal can occur due to simple mistakes, inconsistencies, or insufficient evidence.

Here’s a more detailed look at why it can be difficult and what to expect:

1. Higher Refusal Rates:

• Refusal rates have been on the rise for partner visas, both spouse and de facto.
• This means more applications are being denied, and it’s important to be fully prepared for the process.

2. Proving a Genuine Relationship:

• The Australian government scrutinizes evidence to ensure relationships are genuine, not just for visa purposes.
• You need to demonstrate a sustained and meaningful relationship, not just a short-term one.
• This includes providing evidence like joint financial commitments, shared accommodation, and evidence of ongoing contact.

3. Comprehensive Requirements:

• Beyond proving the relationship, you also need to meet other requirements, such as health and character requirements.
• This involves medical examinations, police checks, and demonstrating that you meet general character standards.

4. Common Mistakes:

• Many applications are refused due to simple mistakes, inconsistencies in evidence, or incorrect information.
• This can be very costly, as the application fee is non-refundable.

5. Potential Challenges:

• De facto relationships: Proving a de facto relationship can be particularly difficult, as it requires demonstrating a level of commitment like a married couple.

• Sponsorship: Your sponsor (the Australian citizen or permanent resident) also needs to meet certain requirements and demonstrate their ability to support you.
• Processing times: Processing times can vary significantly depending on whether you apply onshore or offshore.

Tips for Success:

• Thorough preparation:Ensure you have all the required documents and evidence ready.
• Accuracy and consistency:Be meticulous in your application and avoid any inconsistencies.
• Consider professional assistance:If you’re unsure about the process or requirements, consider seeking help from a registered migration agent or lawyer.
• Meet all requirements:Ensure you meet all eligibility criteria for the specific partner visa you are applying for.

To sponsor your partner, you must:

• Be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Be in a genuine and continuing relationship with your partner.
• Meet the requirements outlined by the Department of Home Affairs, including demonstrating that you have a mutual commitment to your partner and that you are not related by family.
• Provide adequate accommodation and financial support to your partner for the initial two years of their stay in Australia.

There are different types of Partner visas:

• Onshore Partner Visa (Subclass 820/801):For partners who are already in Australia and wish to stay.
• Offshore Partner Visa (Subclass 309/100):For partners who are applying from outside of Australia.
• Prospective Marriage Visa (Subclass 300):For individuals who are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and intend to marry them.

Important Considerations:

• Sponsorship Limitations: There are limitations on how many times you can sponsor a partner for a Partner or Prospective Marriage Visa. You can only sponsor a maximum of two partners in your lifetime, and there is a 5-year waiting period between sponsorships.

• Evidence of a Genuine Relationship: You will need to provide evidence to demonstrate the genuine nature of your relationship, such as financial commitment, social acceptance, emotional support, and the nature of your household.

• Financial Support: You must be able to demonstrate that you can provide adequate financial support to your partner for the initial two years of their stay in Australia.

• Application Process: You will need to complete the required forms and provide the necessary documentation for your visa application.

Disclaimer: This information is for general guidance only and does not constitute legal advice. It is recommended to consult with a migration agent or lawyer to obtain specific advice tailored to your circumstances.

How long does a partner visa last in Australia?

In Australia, a partner visa typically involves a two-stage process. The first stage is a temporary visa, usually valid for around 2 years, while the second stage leads to permanent residency. The temporary visa lasts until a decision is made on the permanent visa application.

• Temporary Partner Visa: This visa, such as subclass 820 (onshore) or 309 (offshore), allows you to live, work, and study in Australia while you wait for the permanent visa application to be processed.

• Permanent Partner Visa: After 2 years (or potentially less if specific criteria are met), you can apply for the permanent visa, which can be subclass 801 (onshore) or subclass 100 (offshore). This visa grants you permanent residency, allowing you to live, work, and study in Australia indefinitely, and you can eventually apply for Australian citizenship.

• Duration: The temporary visa is generally valid until a decision is made on your permanent visa application, which usually takes around 12-18 months. The permanent visa, once granted, lasts indefinitely.
• Relationship Breakdown: If the relationship between the applicant and their Australian partner breaks down, it could lead to the refusal of the permanent visa, and the temporary visa would cease. You must seek initial consultation from experienced registered migration agent such as BMS GLOBAL with 25 years of expertise on partner visa cases.

Do I need a job to sponsor my spouse in Australia?

DO I NEED TO HAVE A JOB TO SPONSOR MY SPOUSE? While having a job can contribute to meeting the income threshold, there are other sources of income that can be considered, such as investments or rental income.

How much is agent fee for partner visa Australia

The fee for a migration agent to help with an Australian Partner Visa application can range from $6,000 to $12,000 or more, depending on the complexity of the case, the agent’s experience, and the type of service they provide. Fees can vary between initial consultations, full application management, and additional services like ART appeals.

• Initial Consultation: Consultation fees can range from $250 to $550, depending on the duration and method (in-person, phone, or video).

• Full Application Management: The most common fee range for managing a full partner visa application is $6,000 to $12,000 or more, depending on the complexity of the case.

• Stage 1 (309/820) and Stage 2 (100/801): Agents may charge a separate fee for each stage of the visa, with the second stage often being around $2,000 or more.

• Complex Cases: Agents specializing in complex or difficult cases may charge more, as they require specialized expertise.

• Additional Services: Some agents offer additional services like legal advice or help with ART appeals, which may incur extra fees.
• Payment Plans: Some agencies offer payment plans to help spread the cost of their services.

Why is a partner visa so expensive?

The high cost of a partner visa, like the subclass 820/801 in Australia, is primarily due to its high demand and the complex application process, which allows the government to charge substantial fees. The visa grants permanent residency and access to Medicare and full work rights, further contributing to its popularity and inelastic demand. The application process is demanding, requiring thorough preparation and submission of various documents, including police checks and medical exams, which adds to the overall cost.

• High Demand: Partner visas are a popular pathway to Australian permanent residency, with a large number granted annually. This strong demand allows the government to set higher application fees without significantly impacting demand.

• Complex Application Process: The application process involves extensive documentation, including proof of relationship, character checks, and meeting health requirements. This complexity can be a deterrent, and the government can charge more to cover the cost of processing these applications.

• Permanent Residency Benefits: The subclass 820/801 visa grants permanent residency, which includes immediate access to Medicare and full work rights. These significant benefits are likely a factor in the visa’s high demand, allowing the government to charge higher fees.

• No Specific Caps: Unlike some other visa categories, the Australian government doesn’t set specific caps on the number of partner visas granted each year. This “demand-driven” approach allows for a higher application fee as demand fluctuates.

• Government Revenue: The high fees collected from partner visa applications are a significant source of revenue for the government, helping to fund the immigration system.

• Cost of Living in Australia: While the visa itself has a high cost, it’s important to consider the overall cost of living in Australia, which can be substantial. Factors like accommodation, transportation, and healthcare can add to the total expense.

In conclusion, the high cost of a partner visa is a result of its high demand, complex application process, the significant benefits it provides, and the government’s ability to charge higher fees due to the lack of specific caps.

 

Can a partner visa be rejected in Australia?

Yes, a partner visa application in Australia can be rejected. Common reasons for refusal include insufficient evidence of a genuine relationship, failure to meet eligibility criteria, or errors in the application.

• Insufficient Evidence of a Genuine Relationship: A key reason for refusal is a lack of convincing proof that the relationship is genuine, continuous, ongoing, mutually committed and exclusive to all others – these four factors are to be understood in-depth to apply for partner visa applications. Many applicants and agents overlook these factors because either they do not understand deep meaning these factors or they neglect these factors considering them ordinary factors. Failure to meet proof of these factors will lead to visa refusal. BMS GLOBAL has come across large numbers of partner visa applicants who were either having NO ENGLISH or having VERY LITTLE ENGLISH. BMS GLOBAL has achieved expertise from these applicants to achieve success in their partner visa applications as how best above four factors can be met for partner visa applications.

• Failure to Meet Eligibility Criteria: Applicants must meet specific requirements, such as being in a valid relationship (married or de facto), and be over 18 years of age.

• Errors in Application: Missing or incomplete forms, inaccurate information, or failure to provide required documentation can lead to delays or refusals.

• Character Issues: If an applicant has a criminal record or is deemed to pose a risk to the community, their application may be refused.

• Procedural Mistakes: Missing deadlines, inconsistencies in information, or misunderstanding visa conditions can also result in refusal.

• Health and Character Requirements: Applicants must meet health and character requirements.

What to do if your application is refused:

• Review the refusal letter: Understand the specific reasons for the refusal.
• Determine if you can appeal: If you believe the decision was incorrect, you may be able to appeal to the Administrative Appeals Tribunal (ART).
• Seek legal advice: Consider seeking advice from a registered migration agent or lawyer.
• Prepare supporting evidence: If appealing, you may need to provide additional evidence to support your case.
• Be thorough and organized: Ensure your application is complete and accurate and provide all necessary documentation.

 

If you and your ex have shared parental responsibility, then you may be eligible to stay in Australia. So, if you came to Australia on a temporary or prospective marriage visa, and you have had children together, then you may be eligible to stay after a breakup.

 

What are the 4 aspects of partner visa?

The four main aspects of a relationship considered for a partner visa are financial, household, social, and commitment. These aspects help determine the genuineness and ongoing nature of the relationship.

1. Financial: This includes evidence of how the couple shares financial responsibilities, such as joint bank accounts, shared utility bills, or joint ownership of assets.

2. Household: This focuses on how the couple lives together, including joint tenancy agreements, shared housing expenses, and evidence of shared household chores.

3. Social: This aspect considers how the couple is recognized socially, including evidence of shared holidays, social events attended together, and supportive family and friends.

4. Commitment: This involves demonstrating a mutual commitment to the relationship, including evidence of a desire to live together, raise a family, and share a future together.

You are welcome to contact BMS GLOBAL anytime suitable to you. You can contact us by email at satish.patel@bmsglobal.com.au OR by mobile + 61 416 014 257 OR fill out form in website www.bmsglobal.com.au and we will respond to your query as soon as possible.