Things to note for partner visas
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Level 35, 31 Market Street, Sydney NSW 2000 Australia
Unit 1-6, 25/f, building 1, chengdu international financial center, no.1, section 3, hongxing road, jinjiang district, chengdu city, sichuan province, zip code 610021
Partner visa applications are relatively straight forward with minimal risk of failure. That being said, we are still surprised and perplexed by the number of clients contacting us on a daily basis telling us that their partner visa had failed due to external reasons such as insufficient preparations by their previous migration lawyers. Below are some key points to note for a successful partner visa application.
On-shore or off-shore application?
Partner visa could be applied inside or outside of Australia. Their requirements and basically identical but they constitute different types of visa altogether and should not be confused for one another. The respective rights conferred by these 2 types of visas are also different – so it is important to understand which is your preferred pathway.
4 major categories of evidentiary materials
Although the 4 major categories of evidence (evidence of cohabitation, evidence of joint finances, evidence of social acceptance and evidence of domestic union) are not mandatory requirements, the Department of Home Affairs still pay very detailed attention in making sure that evidence of all 4 categories should be submitted. If, for any reason whatsoever, you are unable to provide evidence of the said categories, you should get us to make very detailed submissions as to the reason for your inability to do so.
Home visits and interviews
The Department of Home Affairs CAN and WILL send officers to visit your home and/or to call you for interviews. Adverse findings during the said visits and/or interviews will fatally affect the success of your visa.
This is a somewhat strange situation. While the Australian family law regime fully recognises the legitimacy and legal status of relationships outside of your normal matrimonial settings (e.g. a married person having a lover outside his/her marriage; open relationships etc), the migration law regime does not allow for the existence of non-exclusive relationships when a person is attempting to migrate through the partner pathway. This is, unfortunately, one of the most ‘popular’ reason for the refusal and cancellation of partner visas and it should be handled with utmost care .
Bad migration history
Bad migration history poses an unqiue form of challenge for visa applicants. You should speak to us immediately if you feel that your migration history had certain adverse qualities (past visa cancellation; refusal; criminal history; deportation etc) and you are considering the application for a partner visa.
If you have any enquiries relating to partner visas, please contact us using the information below to book a consultation with our migration lawyers.