In Australia, many immigrants are finding a new place to call home, thanks to the attractive visa benefits offered by the government. Among these options, the subclass 820 and 801 partner visas stand out as a pathway - especially for those wanting to be with their loved ones!
While the government is extending a helping hand, it is crucial to understand that not all partner visa applications are being granted. In fact, many applicants are spending up to $7000 in visa fees, only for their applications to be rejected. Others pay a similar amount, wait for additional two years for the same decision. And the reasons behind those rejections are valid as well.
So in this blog, we will delve into the world of partner visa applications, shedding light on everything there is to know! So that you are equipped with all the necessary knowledge to avoid the common pitfalls and achieve your visa successfully. But before getting started let us understand what it is meant by a partner visa rejection -
What does a partner visa rejection mean?
A rejected de facto visa means that your partner’s application for permanent citizenship is denied.
However, your partner can apply again unless the rejection specifically instructs them not to try again.
Partner Visa Rejections: Important Insights
Understanding the reasons behind visa rejections is crucial for a successful visa application. In this segment, we will provide insight into the common factors related to partner visa, thus equipping you with valuable knowledge to navigate the process successfully -
Types of Partner Visa
Partner Visa Subclass 820 and 801, also known as onshore partner visas, are the most sought-after partner visa options for immigrants. Although both of these visas are lodged at the same time, they are assessed and granted in two separate stages.
Subclass 820 Partner (Temporary) Visa
Temporary or Subclass 820 partner visa is valid until the permanent or Subclass 801 visa is granted. You will be assessed for the permanent visa, only after at least 2 years since you had been granted your temporary visa.
Subclass 801 Partner (Permanent) Visa
Permanent or Subclass 801 partner visa is valid for 5 years including travel facility. You are also eligible for Australian Citizenship after 4 years since you had been granted your permanent visa.
Visa Processing Time
The average processing time for Subclass 820 and 801 Partner Visa depends on the individual circumstances of the applicant i.e. partner and the sponsor. Quality of the application filed also affects the overall processing time. Many visas are actually processed much faster than average.
The average processing time of Partner Visa Subclass 820 and 801 have been provided separately -
Subclass 820 Partner (Temporary) Visa
The processing times for approximately 25%, 50%, 75%, and 90% of all Temporary Partner 820 Visa applications are around 6 months, 11 months, 17 months, and 23 months respectively.
Subclass 801 Partner (Permanent) Visa
The processing times for approximately 25%, 50%, 75%, and 90% of all Permanent Partner 801 Visa applications are around 3 months, 5 months, 9 months, and 18 months respectively.
Visa Checklist
Strong evidence, such as financial commitments, proof of shared finances, and proof of continuous cohabitation at the same address, are required for processing partner visas. Below listed is a comprehensive list of documents that you need to submit along with your visa form in order to get your partner visa approved -
Forms
- Character assessment of applicant (Form 80)
- Minimum 2 Statutory Declarations by third parties supporting relationship (Form 888)
Documents
- Passport of the applicant
- Two copies of passport-sized photographs
- Birth Certificate of the applicant
- Marriage/Divorce/Death Certificate (where relevant)
- Evidence of shared accommodation (Mortgage documents, Utility bills, Bank statements)
- Evidence of joint financial commitments (Joint bank accounts, credit/debit cards, insurance, car loans)
Sponsor Documents
- Passport of the sponsor
- Two copies of passport-sized photographs
- Birth Certificate of the applicant
- Evidence of employment (during past 2 years)
- Evidence of Australian Citizenship or Permanent Residency (PR)
- Australian Federal Police Clearance
Partner Visa Rejections: Common Reasons
There are numerous reasons why a partner visa application can be denied. Most often, the reason is lack of enough evidence as strong evidence is required to get a partner visa approved in particular. Other common reasons why your partner’s visa application can be denied include the following:
Lack of external recognition
There is no evidence that family and friends recognize your relationship. This means no photographic, text, or telephonic evidence.
Document Falsifiaction
You faked evidence, falsified documentation such as divorce certificates, or did something similar.
Lack of Interview Preparation
An interview was conducted about your relationship with your partner and you failed to answer their questions adequately.
Inaccurate Document Submission
You failed to provide the correct documentation with your application.
Exceeding Partner Sponsorship Limit
An Australian citizen or resident can financially support no more than two partners. Unless there are unique, compelling circumstances, any further defacto visa applications will be denied.
Partner Visa Rejections: Appeal Procedure
Most common way to appeal a partner visa refusal decision is through the Administrative Appeals Tribunal (AAT). There is a deadline mentioned in your visa refusal letter which is strictly maintained. After which, the AAT do not accept any appeal nor do they extended the deadline.
The AAT can review certain decisions related to visas made under the Migration Act 1958. To find specific information about the type of decision one wants to have reviewed, the AAT provides a help tool on its website to guide applicants accordingly.
It can be a bit challenging to find out that your partner’s visa has been denied. But it is important to know the reasons for the initial refusal before appealing. Additionally, you should provide additional supporting evidence with your appeal to make your case strong.
To Summarize!
In conclusion, we have summarized the entire discussion in three concise sentences -
- Have a clear understanding of the factors related to a partner visa - type of visa, processing time, documents required, and more.
- Ensure to be fair and provide accurate information throughout the entire process.
- In case of an appeal, make sure you know the reasons behind the refusal and provide additional supporting evidence.
At the end of the day, it is your responsibility to ensure thorough preparation when applying for permanent immigration to Australia. Taking the time to gather all necessary documentation and ensuring everything is in order, greatly enhances your chances of a successful application. So avoid rushing the process and focus on submitting an error-free application. And if you need any assistance in doing so, please feel free to reach us, PFEC Global, at +880 1730785457 for more details. Our expert visa consultants have already helped a number of dreamers achieve their dreams of living in Australia and they can help you do the same as well!
Frequently Asked Questions (FAQs)
Can a partner visa be denied without reason?
Yes, a spouse visa can be denied without reason, but applicants can request an explanation from immigration authorities.
Can I apply for partner visa after refusal?
Yes, but it is important to know the reasons for the initial refusal and provide additional supporting evidence in the new application.
What is the difference between temporary and permanent partner visa?
Temporary partner visa is valid until the permanent visa is granted. Permanent partner visa is valid for 5 years and is eligible for Australian Citizenship after 4 years.
How long does it take for a partner visa to be approved?
On average, it takes 5 months for 50% of partner visa applications to be approved, but it can range from 3-18 months depending on individual circumstances.
How do I appeal a partner visa rejection?
To appeal a partner visa rejection, go to the Administrative Appeals Tribunal (AAT). Check your visa refusal letter for the appeal deadline.Please reach out to us at
01730785457 or
096 09 800 300 for more details.
