What if my Partner Visa gets refused?

So, what happens if you receive a letter informing you of the rejection of your Partner Visa application?

Absolute devastation. Your heart feels like it’s leapt from your stomach to your mouth. “OH NO!!…” you respond (maybe), and “What now?” you ask. Well, we FEEL for you. We’ve seen it happen. We’ve helped clean up the pieces for numerous couples who have put their own application together only to have it refused. From meeting with couples who have experienced a refusal, we are aware that getting a rejection letter is a bit like being kicked when you’re down, and we understand your response. We understand you may be discouraged and confused, especially if a Home Affairs officer concludes the relationship with your partner is not deemed genuine after having considered ALL of the documents, evidence, statements and photos you submitted. 

However, you are not alone as there is always a chance of an application being refused with any lodgement. In the 2017 financial year, there were around 27,000 (twenty-seven thousand) appeals lodged with the Migration Review Tribunal across the board, with Partner Visa appeals making up a large percentage of these. Your journey does not end when you receive the rejection letter.

What should you do if your Partner Visa gets refused?

1. First off, DON’T panic; help is available.
2. Do not waste time considering the refusal; act QUICKLY.
3. You will only have a set period of time to lodge a review of your refusal. (On average, we find most applicants who seek advice from us after the rejection letter have already spent a week or so worrying about it).
4. Appeals can take time to come before the Tribunal. Accept that while you need to prepare your appeal response as soon as possible to avoid any further delays, you will probably have to wait a while for a decision.
5. Seek advice from a registered migration agent who is able to assess the application and refusal alongside you, accept your emotional response and offer practical support with all the document preparation any appeal involves.
6. Ask for guidance on your options moving forward. For example, if you are appealing the decision in an onshore application, you MUST be in Australia when the appeal application is lodged.
7. Work with the professional who represents you and in this way ensure they are making every effort to help you get the visa you need.
8. If you can’t afford to hire an agent, your next best bet is to get your questions answered by people who are knowledgeable about the appeal process. You could also research and review cases from previous Administrative Appeal Tribunal decisions to better understand what you may be up against. You can use this information to your advantage.
9. And last but not least, don’t lose heart if a Home Affairs officer doubts the validity of your relationship.  The criteria for deciding a partner visa is subjective, one person’s opinion may differ from another. Learn from your mistakes. Unfortunately, migration officials need to be cautious as well. Some spousal visa applications are fraudulent so officers are extra vigilant.

We hope you found this information useful. We welcome your questions and look forward to helping in any way we can.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.