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Australian Partner visa – Things you need to know

by | Oct 14, 2024 | Migration

The Australian government thoroughly reviews all partner visa applications regarding your relationship to determine if it meets the relevant criteria.

Australian Partner visas, which include the Partner Visa 309, Partner Visa 100, Partner Visa 820, and Partner Visa 801, have complex legislative requirements that must be met for the visa to be granted.

Many Australian Partner visas are refused.  Outlined below are some common mistakes.  We recommend obtaining advice and assistance to ensure the outcome is successful.

  1. Failure to Disclose Information

Failing to disclose important information that leads to a partner visa refusal. The Department of Home Affairs (DHA) cross-references all information in Partner visa applications.  For example, if you do not  disclose criminal convictions, can lead to visa refusal.

You must also disclose any previous marriages or relationships and provide copies of divorce certificates

The DHA has access to information held by some other government departments so it is critically important to disclose relevant information to avoid Partner visa refusal.

  1. Inconsistent Documents and Information

Inconsistent documents and information may also lead to Partner visa refusal.  For example, this can include information that is inconsistent with the evidence that you submit in support of your application.  As a result, the DHA visa officer who processes your application can start to form a view that the relationship is not ‘genuine’. All information submitted on Forms, supporting evidence and statements from you and your family and friends must be consistent and truthful.

Nevett Ford Lawyers can assist you to ensure that appropriate document and information is prepared and submitted in support of the application and check for any inconsistencies before the visa application is lodged.  Beware – inconsistent information and documents has led may genuine couples to have their Australian Partner visa refused.

  1. Insufficient ‘Evidence of Relationship’

Even married couples with children must provide significant supporting documentation for an Australian Partner visa application.  It is important that a range of supporting documents are gathered, carefully reviewed and then submitted to the DHA in support of the visa application.  You must provide information regarding how you share your finances, your commitment to each other, the fact that family and/or friends support your relationship and that you share day-to-day living in all aspects of your relationship.

Nevett Ford Lawyers can provide advice on the documentary evidence that you need to prepare for the Partner vis application  Each couple is different so the type of documents provided will vary but there must be sufficient information and documentation to demonstrate that the relationship is ‘genuine’.

  1. The Important ‘Relationship Statements’

Both of you must provide a ‘Relationship Statement’ in support of the visa application.  This statement covers various aspects of your relationship and needs to be carefully drafted.  Nevett Ford provides guidance on the information required and will review and assist to finalise the documents so that they meet the requirements.  The Statements should cover information to explain how, when and where you met, the nature of your household, joint responsibilities and liabilities, joint travel, major milestones, future plans and financial aspects.

Expert advice from Australian immigration lawyers will help to ensure that this document meets the relevant standards and criteria.

  1. Update the Department of Home Affairs (DHA)

You must notify the Department of any changes.  For example, a change of address and/or contact details, change of passport and birth of a child.

Legal Advice and Assistance

Applying for an Australian Partner visa is an important aspect of your life and must be completed properly and to a high standard.  Therefore, obtaining expert legal advice and assistance from experienced immigration lawyers is highly recommended to ensure that the visa is approved.

Avoiding mistakes, ensuring consistent and sufficient information and documentation is critically important to ensure that you do not need to pursue an expensive visa refusal appeal process.

Need Australian immigration law & visa assistance?
Contact us today so we can help guide you

Nevett Ford Lawyers Melbourne

Telephone: +61 3 9614 7111

Email: melbourne@nevettford.com.au

Visit our website: www.nevettford.com.au