Australia’s Partner Visas are one of the most popular options for couples wishing to either reside in Australia for a while or permanently relocate there. As this particular visa involves the presence of not 1 but 2 people, there is a lot of preparation for both applicants. 

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Without sufficient preparation, there are high chances of applicants’ partner visas being refused. This can occur due to various reasons as the Australian government maintains an extremely high standard for inviting legitimate applicants to Australia. 

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If you and your partner have experienced a Partner Visa refusal, here are some reasons why that may have occurred, and what are the next steps you can take. 

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Partner Visa Overview 

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There is not 1 type of Partner Visa for applicants, but 4. The 4 kinds of Partner Visas cater to the unique needs and circumstances of different applicants. Here is a brief overview of the different kinds of Partner Visas. 

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If your de facto partner or spouse (same or opposite sex) is a citizen of Australia, a permanent resident of Australia or an eligible New Zealand citizen, you are eligible for a partner visa. Your application and circumstances will determine your eligibility for one of the four partner visa categories. 

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If you are in Australia while applying for a partner visa, you will be eligible to apply for: 

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• Partner Temporary Visa Onshore (Subclass 820)
• Partner Permanent Visa Onshore (Subclass 801)

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If you are outside Australia while applying for a partner visa, you will be eligible to apply for: 

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• Partner (Provisional) Visa Offshore (Subclass 309)
• Partner Migrant Visa Offshore (Subclass 100) 

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To understand more about this visa category, click here. 

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Partner Visa Refusal 

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Here are some reasons why your Partner Visa may be refused by the Department of Home Affairs (DHA). 

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Lack of Sufficient Evidence

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This is one of the most common reasons for the refusal of one’s Partner Visa application. If the DHA believes that there is certain documentation missing or that the documentation provided cannot be considered evidence, it can impact the outcome of an application. 

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Evidence is required for several aspects of the visa application:

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• Financial aspect: Proving that both applicants have shared finances 
• Social aspect: Proving that other people are aware of the applicants’ relationship 
• Nature of household: Proving that both applicants are living together or not living separately at all times 
• Nature of commitment: Proving that both applicants are genuinely committed to one another and are making efforts in the relationship 

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Along with the correct documentation, the DHA will also consider the testimonies given by both applicants regarding their relationship. Any inconsistencies in the testimonies may also impact the DHA’s final decision. 

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If the applicants provide fraudulent documents/information in their visa application, their visas will be refused. It is important to note that the DHA can verify all the documents and information provided in the visa application.

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Non-Eligibility 

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Sometimes the reason for a visa refusal is very simple - the applicants do not meet the eligibility criteria for the visa. This error may occur if the applicants do not have complete clarity on the particular visa category and its requirements. 

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It is not only about preparing the correct array of documents, but understanding one’s personal circumstances appropriately before applying for the correct visa. As mentioned above, there are 4 categories under the Partner Visa itself, and more often than not, applicants apply for the wrong visa only to have it refused. 

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It is highly recommended that applicants seek out a migration agent to aid them with their case and ensure that they apply for the correct visa and have a smooth, hassle-free application process. 

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Character Requirements 

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No matter the visa, meeting the Australian government’s character requirements is mandatory for all applicants. An applicant may not meet the character requirements if:

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• They have a substantial criminal record 
• Are a member of, or have been in association with a person/group suspected of being involved in criminal conduct
• Their past and present criminal conduct shows a lack of enduring moral character
• There is a risk that they will engage in criminal conduct, harassment, molestation, intimidation or stalking of another person/community - thereby leading to discord in Australia

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Australia’s character requirements are complex and have highly detailed criteria. To understand more about it, click here. 

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Not Responding to the Immigration Officer 

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In certain circumstances, an Immigration Officer might contact applicants with requests such as providing evidence or documentation that was initially missing, or completing the medical assessment. 

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Failure to respond to those requests within the stipulated amount of time may result in visa refusal as well. 

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Failing the Interview

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Applicants may be required to appear for an interview with the DHA during their visa application process. The interview may take place in person, online or via phone call. The applicants will be questioned on various aspects of their relationship such as:

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• How they met their partner 
• Important dates in their relationship
• People that know or are involved in the relationship 
• Details about the partner’s parents, their jobs, interests, etc 

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If applicants cannot answer basic questions about their relationship, it may cast doubt over the authenticity of their relationship - resulting in visa refusal. Applicants should take this interview seriously and prepare for it beforehand. 

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Failure to Meet Schedule 3 Criteria 

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Schedule 3 is a provision for unlawful non-citizens to obtain the opportunity to reside in Australia. In order to reside in Australia, unlawful non-citizens must meet the Schedule 3 criteria, or have it waived under compelling reasons. 

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Failure to meet the requirements can result in a Partner Visa refusal. As Schedule 3 has extensive information and requirements pertaining to it, you may read more about it here. 

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Sponsorship Approval

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The partner/spouse of the applicant must fulfil certain criteria to be approved as a sponsor. The criteria include but are not limited to the partner/spouse’s income, character, citizenship and residency status in Australia. Failure to meet the criteria may result in visa refusal. 

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There may be certain limitations to the applicant’s sponsorship approval if their partner/spouse:

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• Have themselves previously been granted a Partner Visa
• Have previously sponsored someone else for a Partner Visa 
• Hold a certain visa class 

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Preventing a Visa Refusal

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We all are aware of the famous quote, “Prevention is better than cure”. Here are a few simple steps applicants can take to ensure that their Partner Visa application is not refused. 

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• Double-check and confirm their eligibility for a particular visa
• Gather the correct documentation for the application process
• Practice answering interview questions about their partner/spouse and the relationship 
• Ensure that they have cross-checked all the important dates for their application process 
• Hire a migration agent to ensure a streamlined and hassle-free process 

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Steps After a Visa Refusal 

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There are several options applicants can opt for if their Partner Visa application is refused. 

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They can either re-apply for the visa and begin the process from scratch, or they can apply to the Administrative Appeals Tribunal (AAT). 

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The AAT conducts independent merit reviews on administrative decisions made by the Australian government. Like the DHA, the AAT will also review an array of information submitted by the applicant to determine whether their application should be reviewed again by the DHA or whether the original decision was correct. 

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To strengthen their case, applicants may submit documents such as:

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• A statement about their current circumstances
• Proof of joint financial arrangements
• Household arrangements between the couple 
• A timeline of significant events in the relationship
• Evidence of those significant events 
• Proof of ongoing contact between the couple 
• Evidence that the couple presents themselves socially as well 
• Evidence that explains why the DHA’s decision may be incorrect

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 

Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case. 

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