Why Are Australian Partner Visas Refusals Increasing?
Until recently, the average of success rate for Australian Partner Visas was about 50%. In the last year however, we have anecdotally seen this rate dramatically decline as more and more partner (both de facto and spouse) visas are refused.
In November 2016, the Department of Home Affairs released a change in the way they process Australian partner visas which meant that applications with insufficient or poor evidence may be refused without you ever being contacted or given the opportunity to provide further information.
It may seem obvious, but when applying for a partner visa, the main thing you need to be able to demonstrate is that you are in fact in a real De facto or Spousal relationship. The way to do this is with clear, consistent and sufficient evidence. If your application is not up to the standard that the case officer deems fit, your application will fail.
At Timpson Immigration Lawyers we’ve helped hundreds of couples start their lives together in Australia, and we take all our cases personally, as we know how important this one application is to your future and we’re proud of our 100% success rate.
We have options for all budgets (including our $495 Check It service) and clear and transparent fee structures so you always know where you stand. We can do as little or as much as you want, from simply checking your evidence to ensure it will measure up, to a full service where we look after everything for you.
Partner Visa Application Fee
The Australian Department of Home Affairs fees alone are over $7,000, therefore a rejected visa turns into a very expensive exercise. So to ensure you don’t lose risking your money and your future life in Australia, make sure your application is watertight.
Why Many Applications Are Refused - The Genuineness Reason
For all Partner Visas, the relationship will be thoroughly reviewed. In no case will an application be granted simply because a marriage has taken place.
Many applications fail to deliver on ‘genuineness,’ as measured by the case officers at the Department of Home Affairs, and as a result a lot of refusals are being delivered to hopeful couples. It is critical that you effectively demonstrate that the marriage or de facto relationship is in fact genuine.
What Can You Do?
You need to forensically break-down the entire history and timeline of your relationship and corroborate it with supporting evidence.
There are a number of factors which expand on the definition of what a genuine relationship in the regulations.
What Will Case Officers Be Looking For?
Everything is relevant but there are certain aspects which they look at closely including:
- Conflicting evidence
- Insufficient evidence
- The Financial Aspect:
- How you share money? Who pay bills etc.
- The Household Aspect:
- Where do you live? What is your household routine?
- Social Aspect:
- What do you do for fun as a couple? What do you do on the weekend? Do you have mutual friends?
Your One Chance To Get It Right
If an application is made, you generally only get one chance to succeed, so it is very important to make sure you get it right the first time. You don’t want to be in a situation of a review or refusal if you can avoid it. It’s important that your claims are strong, consistent and compelling.
Applying for a Same Sex Partner Visa is a two-stage process in which applying for a temporary and permanent visa occurs at the same time.
Prior to 9th December 2017, same sex couples were only able to apply for a partner visa on the basis of a de-facto relationship, requiring gay and lesbian couples to prove they have lived together for 12 months in order to qualify. Now that same sex marriages are recognised under Australian law, LGBTQI couples can marry and, instead of relying on the relationship being registered, they can apply for a partner visa regardless of where they live. For more information see our LGBTQI Partner Visa Page Here
Australian visas can be subject to a requirement which commits applicants to demonstrating that they meet certain health criteria.
- Visa applicants are assessed against a number of different health requirements:
- Whether the non-citizen is free from tuberculosis; and
- Whether the non-citizen is free from a disease or condition that is, or may cause him/her to be, a threat to public health in Australia or danger to the Australian community; and Whether the non-citizen is free from a disease or condition (including HIV) which would be likely to require health care or community services or, meet the medical criteria for the provision of a community service and that the provision of such services would be likely to:
- Result in a significant cost to the Australian community in the areas of healthcare and community services; or
- Prejudice the access of an Australian citizen or permanent resident to health care or community services.
So is it possible to live permanently in Australia if the non-citizen is HIV positive?
The answer to this is maybe. This depends on what type of visa the person has applied for and whether they can obtain a health waiver. At Timpson Immigration Lawyers we have a lot of experience obtaining health waivers, so if any of the above health concerns apply to you or your partner, please CONTACT US to find out your options.
The number of partner visa refusals based on character grounds has increased dramatically due to recent changes in legislation .
The Character requirement is extremely important and applies to both the Applicant and their Sponsor. The Department will thoroughly assess the character of the applicant and to do this police certificates will need to be provided for their countries of residence and origin. The Sponsor will also need to provide a police certificate from the Australian Federal Police, as well as police certificates from any other relevant country they have resided in for more than 12 months.
We have a special interest and in-depth experience when it comes to Visa Character Concerns, so if this applies to you please contact us to discuss your options.
What Do I Do Next?
Don’t leave your application to chance. We can help and we have options for all budgets.
In case you missed it, we’ll tell you again, with the Department partner application fee alone being over$7,000, it’s important to give yourselves the best chance of success. After all, you have a lot invested in your application which is why it’s so crucial to ensure the visa process is as trouble-free as possible.
The best place to start is by checking in with us to ensure you get started on the right foot, so you don’t waste time and money.
HOW WE CAN HELP YOU
Are you unsure of where to start and need some help? Timpson Immigration Lawyers are experts in this area, specifically specialising in partner visas.
- Get peace of mind with our 100% Success Rate
- We have options to suit almost every budget including our $495 Check It service
- We take away the risk, stress and uncertainty
- Clear and transparent fee structure
- We have in-depth experience with Character, Health and LGBTQI visas
- We understand how important these cases are to each individual
- Our single goal is to get you that YES
With all the changes in the Department of Home Affairs, getting a visa in Australia can be a daunting and confusing process.
With the right help, you can be starting your new life in Australia together. For us, it’s personal.
1300 193 326 (Australia)
+ 61 1300 193 326 (International)
or fill in your details below and a member of our team will be in touch
If I knew then what I know now I would 100% go through Timpson Immigration.
I couldn’t have done it on my own or with another agency that didn’t know the system as intimately, especially for when difficulties arise, and they will!
I would always recommend Richard, He helps you every step of the way and makes sure your application is as perfect as it gets
Yay, got our Permanent Residents Visa. Richard and his team provide excellent, friendly and efficient service and their knowledge and experience ensures that the client will always be looked after no matter how big or small the task. You always know what is happening every step of the way and they go above and beyond to help get the result want. If you want the best look no further than Timpson Immigration Lawyers.
Richard and his team were very professional, supportive, helpful and friendly throughout the whole process. They did everything possible to ensure that everything was straight forward and ran smoothly for us so that the best possible outcome was achieved. I would definitely recommend the fantastic service that Richard and his team provide.
FOR US IT'S PERSONAL
Richard Timpson – Director & Principal Lawyer
“My focus is to get all our clients the right outcome”
Richard is one of a small handful of accredited specialist Immigration lawyers in the State of Queensland.
Richard is a qualified as a solicitor in 1999 in the Republic of Ireland. He achieved the status of an Accredited Specialist in Immigration Law in Australia in 2012.
- Accredited immigration law specialist
- Nearly 20 years legal experience
- Expert in complex immigration law
- Innovative in his approach
- Migrant himself from Ireland
- His visa was granted in 2 days
Richard and his partner founded Timpson Immigration Lawyers. The company specialise solely in immigration law focusing more on complex immigration law cases.
Richard’s expertise and commitment are extremely well respected in the industry. In addition to running his own legal firm, he helps to advise other legal firms and migration agents on complex immigration matters.