Everyone wants to be with their partner, and if they’re in a distant country, you may have to work your way out to wherever they are. While it’s all about getting a visa and joining them abroad, it’s not always easy to get a partner visa approval. The refusal rates are higher than you thought, and your application may not even go through.
For instance, if you’re lodging an Australian partner visa application, be ready for some obstacles along the way. Not that it’s completely difficult to get one, but you should adhere to all the requirements for you to succeed. Usually, with this type of visa, missing out on a single procedure will earn you a refusal.
Well, in case you’re planning to apply for a partner visa, then you should know of the following requirements.
Partner Visa Eligibility Requirements
To be eligible for a partner visa, you must either be married to or in a de
facto relationship with an Australian citizen, Australian Permanent resident, or Eligible New Zealand Citizen at the time of application.
So, what’s a defacto relationship? An applicant and their partner is in a de
facto relationship if all the following applies.
- They’re not legally married to each other
- They’re committed to a shared life to the exclusion of all others
- Their relationship is genuine and continuing
- They live together or do not live separately or apart permanently
- They’re not related by blood or family
In Australia, both the same sex and hetero sex relationships are acceptable. So, these requirements apply to both.
For one to qualify for a partner visa on a de facto relationship, the relationship must have existed for at least 12 months before the applicant lodges the visa application. Keep in mind that time spent dating or being in an online relationship isn’t always counted, but rather how long you’ve been together as a de facto couple. Well, you might still qualify for a partner visa if your de facto relationship has existed for less than a year, but you need to find out with the migration department whether you qualify for an exemption. Registered relationships.
Apart from missing out on the eligibility requirements, something else that might earn you a refusal is the failure to provide sufficient documentation. Remember, you need to provide sufficient proof of your relationship to qualify for a partner visa. If you’re married, you’ll have to provide a marriage certificate to prove your relationship.
For the de facto relationship, you also need to provide documentation to prove your relationship. This makes it a little daunting, but once you have all the required documents you set things running. So, what type of documentation do you need?
Let’s have a look below.
- A marriage or civil union certificates
- Birth certificates for any children born out of the relationship
- Any cards, letters, emails and social media conversations you shared during the 12 months
- Photos showing you and your partner together at various occasions
- Evidence that other people recognize your relationship
- Evidence that you make decisions and plans together
- Proof that you spend leisure time together
- A joint rental agreement or home loan
- A mail addressed to you together at the same place and time
- Joint lease agreements, joint local authority registration under the
- And more
Well, we’ve got more to the list, but basically, these are the types of evidence you need to provide to prove a de facto relationship. It’s not always easy to prove a de facto relationship, and you might end up with a refusal. Therefore, be ready with these proofs before you lodge your visa application.
Other Reasons Why Partner Visas Can Be Refused
- Failure To Meet Schedule 3 For A Partner Visa
In case you’re lodging your visa application from Australia and you’re unlawful or hold a bridging visa, you must meet a ‘schedule 3’. Well, this can be waived, but only if an applicant has genuine reasons for holding their current visa status. In case you do not satisfy this requirement, you may get a refusal. As such, make sure you have a compelling case to warrant a ‘schedule 3’ before lodging your visa application. Check the types of reasons that are considered to meet Schedule 3 and check whether you meet the requirements.
- Poor Performance During Spousal Visa Interview
The qualification for a partner visa goes beyond providing the right documentation. At some point, you’re required to attend an interview in person or via telephone to answer questions regarding your application. If you’re unable to recall basic information such as your partner’s date of birth, how you met, their family details, and details about how your relationship developed, your visa application may not go through. Additionally, if you provide answers that conflict with those of your partner, the immigration department may consider your relationship to be non-genuine. You may end up getting a refusal.
- Failure To Meet Character Test
For your partner visa to be approved, you must pass the character test. Failure to meet any of the given requirements will earn you a refusal. Factors that can lead to failure to pass the character test include:
- A substantial criminal record
- Being a member or having an association with a person/group suspected of being involved in criminal conduct
- Your past and present criminal conduct show a lack of enduring moral character
- There is a risk that you will engage in criminal conduct, harass, molest, intimidate or stalk another person, vilify or incite discord in Australia
Now that you have an idea about the requirements of a partner visa, you can go ahead and lodge your application. Be sure to meet all these requirements if you’d like your application to go through.
Need help with your Visa?
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