A “Partner Visa,” as the name suggests, is a kind of immigration visa that enables the spouse or the partner of a permanent resident of a country or a citizen to live, continue work, and gain citizenship in that country. It is vital as it allows the couple to stay together in one country and support each other. It promotes stability in a relationship as well as family reunification. For this, the first step that needs to be taken is getting a temporary visa, and if it gets approved, it will lead to getting a permanent one. But it is not as simple as it seems to be. Several partner visas are getting rejected every year. It is quite challenging to navigate a partner visa after being reviewed by a migration agent.
It is a stressful situation when a partner visa gets rejected. If someone wants to get a partner visa, they need to meet special criteria. It could be time-consuming, and one needs to be patient during the whole process.
Let’s understand what could be the reason for rejection and what action needs to be taken for hassle-free partner visa approval.
Reasons for Partner Visa Refusals
Getting a partner visa might seem very simple and easy if your spouse is a citizen or permanent resident of a country, but the reality is far from this. It is quite difficult to get one, and the whole procedure is quite complex. To get the partner visa approval, a certain specification is required, and along with it, the procedure needs to be followed. But even after following all specific criteria, the visa gets rejected, and the key reasons are as follows:
Insufficient evidence to prove a genuine relationship with the partner
The main reason for a partner visa refusal or rejection is a lack of genuineness in a relationship. The validity or pillar of any relationship lies in genuineness, and not being able to prove that in front of the Department of Home Affairs can eventually lead to the rejection of a partner visa. It is quite important to have strong evidence or proof to provide the authority for the approval. Having enough documents to prove that you are in a committed relationship can solve the problem. There are ways to prove your genuineness in relation to what can help you during the process.
- Having a joint bank account with your partner or loan documents.
- Having a common billing address or mailing address or statement that proves shared domestic matters.
- Having proof of people who know about your relationship, or having joint invitations, etc.
- Having a good knowledge of your partner’s background will give you an edge while getting the partner visa.
Incomplete or inaccurate application
While filling out forms for partner visas, it is important to go through the forms and fill out every information correctly. Along with it, one needs to provide documents to justify the genuineness of the relationship. Providing inaccurate information or leaving the form incomplete can be the reason for visa refusal. While feeling the form making errors, missing required documents, submitting incorrect documents or data can lead to rejection. Ensure everything you fill in is correct and accurate.
Partner Visa Ineligibility
Satisfying the eligibility criteria for a partner visa is very important, and if you are not eligible, it will automatically get rejected. First of all, you need to meet the minimum age requirements that are above 18 years and have a valid relationship which is valid for the country you are applying; you need to be sure of having plans to live together with your partner and, most importantly, your partner should be a citizen or permanent resident of the country where you are applying for your partner visa.
Failure in the Character Test
Even if you meet all eligibility criteria, you have records that question your overall character and can lead to the rejection of your visa—like having any past criminal records, being a member of a criminal organization, or being suspected of having been involved in international crime, etc. After having any charges that are mentioned, it is almost impossible to get a partner visa.
Previously Failed Visa Applications
If you or your partner have a history of failed visa applications, especially partner visas, it can negatively impact your current application. So go through the reason for refusal and make sure you have the correct and relevant information to support your argument for reconsideration or appeal. It’s important to address and rectify any issues that led to previous refusals. Don’t make the previous mistakes, and be confident about your visa request. Showing genuine intent to get a visa will help you throughout the process.
Failure to Attend Interviews or Medical Examinations
Missing scheduled interviews, medical examinations, or any other required appointments can lead to a visa refusal. Always adhere to the immigration department’s requests and be attentive during the interview process. If you fail to meet their requirements, it will be difficult to get visa approval. Be on time and provide the original and relevant documents which are needed during the process. The interview process is vital for visa approval, and to make sure the visa gets approved, you need to be well prepared.
Make sure to consider the above-mentioned points before applying for a partner visa. Having the right information is vital during the process. For your support, make sure you have all the documents and evidence to prove you are genuine and for a hassle-free visa approval process. Don’t hesitate to consult a migration expert if needed so that you will get the legal knowledge to get a partner visa.
What to Do If Your Partner Visa Is Refused
If your Partner visa application is refused, don’t lose hope. You still have a chance to get one if you are genuine. Firstly, you need to appeal to the authorities like the Administrative Appeals Tribunal (AAT) to review your application, which will review whether the decision of the Department of Home Affairs is right or wrong. If your appeal is genuine, then they will get it approved, and you will also have the option of reapplication and eradicating those mistakes which are previously made during the visa application process.
However, dealing with visa rejection is a stressful situation, and one needs the support of his loved ones. Reach out to your family and friends and share your thoughts. Be calm and positive during the process, and there is always scope for improvement. So be ready to fill out a genuine visa application next time.
Options for Appeal or Re-application
Every country has different criteria for appealing and reapplication. The most common options to be considered are AAT ie, the administrative appeal tribunals, or the federal circuit court, where you can appeal after a visa refusal. Choosing to appeal after rejection has its pros and cons, like
Pros: As AAI is an independent body, they asses if the decisions made by the department of home affairs were legally right or not. For this, you get the opportunity to provide evidence in your support.
Cons: It is a time-consuming process that requires patience, and it can even take a month or so. Even after waiting for months, it is not necessary for your visa to get approved and overturn the refusal decision.
Some Tips for Preparing a Strong AAT Case:
- Provide relevant and compelling evidence for your support.
- Consult a migration lawyer or expert to obtain legal representation.
- Parenting a well-structured written submission will give an edge.
How to Prepare a Reconsideration Request
It is very important to understand that your reconsideration request for your visa depends on your genuine evidence and the strength of your argument. The argument must address the reason for the previous refusal and provide evidence that also supports your case. You need to review the refusal letter, gather additional evidence for appeal, understand the guidelines and policies, craft a well-structured written letter for reconsideration or appeal, address each reason for refusal with strong supporting evidence, be calm during the process, and seek guidance from experts if needed.
In a Nutshell,
The whole procedure of getting a partner visa is time-consuming and lengthy. You need to take the right steps during the process. Whether it is an application process or an interview, you need to be genuine and calm. You must provide all the documents and evidence that support your genuineness and will help you get a hassle-free visa approval. Always seek help from friends and family, and having a migration expert will give you the legal support you need. Make sure you fulfill the eligibility criteria, and the wait is no longer to be united with your loved ones.
Ausyes Migration can help in getting a spouse visa by providing assistance with the application process for either a temporary or permanent Australian partner visa. Ausyes Migration’s partner visa consultant in Adelaide helps gather evidence for all the required documents and ensures that all eligibility criteria are met. With our help, applicants can increase their chances of getting a hassle-free visa approval.
