Partner Visa Refusal

Partner Visa RefusalPartner visa refusal is on the increase according to migration industry insiders.

Australian Immigration Department crackdown on fake or ‘sham’ marriages and ‘contrived relationships’ has resulted in some innocent and genuine couples being caught up in the drag net.

This is a deeply troubling consequence of recently implemented measures to clamp down on migration fraud involving de facto and spousal sponsorship for partner visas.

The three types of partner visa to Australia are Onshore (combined subclass 820/801); Offshore (combined subclass 309/100); and Prospective Marriage (subclass 309).

Across all three subclass of partner visa refusal is on the rise. Although there are different grounds for refusal for each of the three types of Partner Visa, a consistent trend across all three is lack of satisfactory evidence of relationship.Emergency consult visa problems

The primary reason for partner visa refusal is inadequate evidence of genuine relationship and long term commitment.

Typically in the past, evidence of shared utility bills, lease agreements, phone records and photographs, etc, would suffice. Nowadays, these forms of evidence are increasingly viewed as easy to manufacture for a contrived relationship.

Unfortunately, because of the sheer numbers of contrived relationships, otherwise known as ‘sham marriages’, the departmental officers now require a more broad-based, holistic approach to reviewing evidence. This means that traditional forms of evidence that once would have been enough to guarantee a successful grant of Partner visa, now this is less the case.

Naturally, there are exceptions to this trend. Some applicants can still see a successful grant of Partner visa on the basis of a collection of traditional documentary evidence, such as photographs, signed statements, phone bills, etc.

However, anecdotal evidence from migration industry forums of migration agents and lawyers confirm a growing trend of Partner visa refusals, even where on the the surface the applicants having a seemingly strong case.

The key thing to remember when lodging partner visa applications, is that each case is unique and individual. Case officers are also individuals so what will work for one application will not necessarily be the same for another application.

When gathering evidence of relationship, try think as broadly as possible to document the relationship from multiple angles. The key is to think outside the box.

For advice or assistance, contact us or call us on the phone number on the home page of our website.


Family Violence Partner Visa Rules

Family Violence Partner Visa Rules

Provisions in law for family violence applies to partner visas where a relationship has ended, or is ongoing, but is subject to domestic violence. However, there are specific rules governing the process of applying for visa grant on the grounds of domestic violence (otherwise known as ‘family violence’).

family violence visaThe rules govern the type of evidence to be submitted to the department when claims are made of violence by a sponsoring partner. The law also provides for dependents of a sponsored partner who have been victims of violence by a sponsor to be granted full permanent residence together with the sponsored parent.

The type of violence considered under Australian immigration law is confined largely to physical forms of violence, however, in some cases other forms of violence may be considered by the Department.

Evidence Requirement

The types of evidence required to be submitted with application for grant under domestic violence provisions include judicially or non-judicially determined evidence.

Judicially Determined Evidence 

  • court injunctions under the Family Law Act 1975;
  • court orders issued under Australian state or territory law;
  • a registered conviction (or recorded finding of guilt) for violence perpetrated the sponsored partner and/or dependants.

It is important to note that evidence needs to show the domestic violence had occured whilst the relationship was ongoing and not after the relationship had already broken down and both parties separated.

Non-Judicially Determined Evidence 

  • A joint statement made in a court by the victim and the abusive sponsor declaring that an act of violence against the partner has taken place. The statement must set out details of alleged violence, by whom, against whom and circumstances before, during and after the events took place;
  • Statutory declaration using Form 1410. As above, the statutory declaration sets out the allegation of family violence and names the person alleged to have committed it;
  • at least two documents from an acceptable the list of evidence specified by the Department (in the relevant legislative instrument – Contact Us for the current list if required).

Be aware that if evidence of family violence is insufficient there is still a chance to avoid visa refusal or cancellation. We have proven expertise in assisting clients who have suffered domestic violence and are facing visa refusal or cancellation. For a no obligation consultation contact us to find out how we can help.