Partner Visa Refusals – Demystifying Partner Visa Refusals – What Could Cause a Partner Visa Refusal???

Do I have your attention??? I think so . If you are applying for a partner visa this is the most important question you are likely to ask on the subject matter…….“What is the most common cause of a partner visa refusal and how can I avoid it?”

Now, if you listen to the crowd and the social media influencers then here are some of the most common top 5 reasons I see and hear:

1. “It’s my agent or lawyer’s fault”

2. “My agent or lawyer didn’t prepare a strong application, didn’t advise me correctly. I am completely innocent.”

3. “It’s a mistake, the Department got it wrong, I am completely innocent.”

4. “I come from the wrong country, and I hold the wrong passport”

5. “They hit their quota for the program year and I got a refusal”.

Let’s dispel some of the Myths

Now I suggest for the most part the crowd and the social media influencers’ top 5 are more often than not – completely wrong. Let’s dispel some of the myths and provide some real meaningful information:

· The Department does not determine whether you get a partner visa on the basis of the passport you hold.

· Program year quotas do not result in partner visa refusals.

· For the Program year 2024-2025 – There were 68,105 new partner visa applications lodged. For the Program year 2024-2025 the Refusal Rate was only 6.1%. Only a small number of partner visas in total are refused.

· Most Migration Agents and Lawyers I know have a very high success rate with Partner Visas.

· Anecdotal evidence indicates that DIY partner visas have a high success rate.

The “Real” Common Reason for a Partner Visa Refusal

Having practiced as a migration consultant for over 18 years, I have seen a lot of partner visa refusal decision records (only 2 of them being mine ). Most often decision records tell you everything you need to know as to why a decision maker has refused a visa application. The decision record sets out the legislation upon which the delegate is relying upon and the clause(s) in law they believe are not satisfied. Thankfully for me, I have only seen 2 decision records in 18 years of practice, that were related to my contracted clients (1 x 309-100 and 1 x 300 prospective marriage visa -lost on appeal was originally a DIYed application). Of the many partner visa refusal decision records I have seen, the majority relate to 2 common sub clauses in the 820 & 309 Visa criteria, see below:

(2) The applicant meets the requirements of this subclause if the applicant is

the spouse or de facto partner of:

(a) an Australian citizen; or

(b) an Australian permanent resident; or

(c) an eligible New Zealand citizen.

309.211(2) – Refusal On the basis of not meeting the definition of spouse or de facto partner.

820.211(2) – Refusal On the basis of not meeting the definition of spouse or de facto partner.

Now hang on a moment, it is not as simple as the case officer claiming you don’t meet the definition of “spouse” or “de facto partner” – the case officer will go on to say that The Migration Act and the Migration Regulations define and articulate the characteristics of spousal and de facto relationships. For the purpose of this post, let’s use the common criteria of “de facto partner” as the case study. The case officer will be required to justify or explain the refusal by assessing the relationship evidence against s5CB of The Migration Act and Regulation 1.09A of The Migration Regulations. s5CB of the Act will be assessed to ensure all of the following are accounted for:

· The parties are not married to one another

· Mutual commitment to a shared life to the exclusion of all others

· The relationship is genuine and continuing

· The parties live together, or do not live separately and apart on a permanent basis

· The parties are not related by family* – see 5CB(3)

· The Regulations may set the parameters as to what characteristics evidence the exists of the above elements.

Subsection s5CB(3) requires the decision maker to review and assess the existence of the de facto relationship by assessing and weighing evidences against Regulation 1.09A. Regulation 1.09A is used to weigh and assess the relationship evidences against the 4 pillars:

· the financial aspects of the relationship;

· the nature of the household;

· the social aspects of the relationship;

· and the nature of the persons’ commitment to each other.

So in a nutshell, the most common reason for a partner visa refusal for a de facto or Spouse is failing to convince a case officer that the evidence provided with the partner visa application presents as wholistically strong, when referenced against the definition in the Act and when weighed in respect of the 4 pillars.

How to Minimise the Risk of a Partner Visa Refusal

To minimise the risk of an expensive partner visa refusal, you need to plan and plan and strategically plan to ensure that you know the 4 pillars intimately. You need to do your research and equip yourself with the knowledge of what evidences you need to provide and what evidences are deemed strong evidences when assessed in respect of the 4 pillars. You need to ensure that your relationship narrative is clear and concise and that you are able to validate your narrative with key corroborating evidences.

It does not matter whether you use an agent, lawyer or DYI it – strategic planning and acquiring the knowledge needed are the foundations that build strong partner visa applications. Forget what the crowd says, use your own brain and your instincts it will lead you towards preparing a better partner visa application.

Hope that Helps.

I and many of the RMA and Lawyer members of the group provide a free consultation and assessment. Reach out if you need help or some guidance.

Richard Quirin Moderator & Senior Immigration Consultant (MARN 0848935)