Every day I get to meet and work with amazing couples and help them gain clarity on how to move forward with their visa application. So often these couples reach out to our team initially with ‘just one question,’ but if there’s one thing I’ve learnt, it’s that there’s no such thing as ‘just one question.’ Particularly where you and your partner have been together for a long time, it’s easy to feel confident about the strength of your case, but you might be surprised to learn what makes a Partner Visa complex.
I always say, “you don’t know what you don’t know” and this applies both to me and the couples I work with. For my part, it’s ensuring I have all the relevant information before I can provide tailored advice or identify areas of complexity that may be encountered through the application process. For the couples I work with, it’s understanding what makes a Partner Visa complex so they have the information needed to choose how to proceed.
So what makes a Partner Visa complex?
For many, the world of visa applications is a completely novel experience and unfortunately you aren’t going to find all of the information you need online or from friends and family who have been through the process. No two love stories and therefore no two Partner Visa applications will be the same.
We have a lot of clients reach out to us who are completely unaware they have a more complex case or of the higher level of risk associated with their application because the Department of Home Affairs website doesn’t specifically mention the complexity relevant to their case.
This includes circumstances such as mistakes or incorrect information provided in a previous visa application, a history of previous visa refusals, where you hold a bridging visa, have health issues or criminal history (even when it doesn’t amount to a conviction), have sponsored multiple partners, or obtained Permanent Residence or citizenship through the Partner Visa process and are wanting to sponsor a new partner.
It also encompasses interpreting key legal definitions for a Partner Visa, presenting evidence to support your case which includes addressing subjective criteria, anticipating reasons that might cause increased scrutiny of an application or lead to a potential Partner Visa refusal, and addressing these in advance with submissions and detailed statements to explain the circumstances.
I’ve seen more than my fair share of Partner Visa refusal stories for couples in genuine relationships that simply didn’t provide enough (or the right type) of evidence to support their claims.
Pro Tip! Law in Real Life: A marriage certificate or relationship registration certificate alone does not demonstrate that you meet the legal definition of spouses or de facto partners. In fact I’ve even seen refusal notices where the case officer has stated that they have given little weight to the certificate within the context of the overall evidence presented.
Having a marriage certificate or a registered relationship certificate is like signing up for a gym membership—it proves you joined, but it doesn’t prove you actually go to the gym or are serious about fitness. Immigration wants to see evidence that you’re actually “working out” together—living together, sharing finances, supporting each other emotionally, and making joint life decisions. To get that Partner Visa approved, you need to show more than just the sign-up paperwork—you need to prove you’re actually putting in the work!
Understanding the basics
A Partner Visa application is by no means a simple administrative process. It’s a labour of love and you can expect to dedicate several hours to information gathering, organising, formatting, and cross checking. It’s not for the faint of heart that’s for sure! For a visa to be granted, you need to ensure you follow all the right steps. This includes understanding how to use the online portal, accurately completing the forms, paying fees on time, uploading documents in the right format, and receiving or responding to additional requests or correspondence.
Sadly, it is not uncommon for me to hear stories of Partner Visa refusals which could have been avoided. Something as simple as ticking a wrong box, misunderstanding a question, or inadvertently providing the wrong documents (e.g. a different type of police check that is only accepted for employment purposes) can all lead to a Partner Visa refusal.
Wait…What?! Law in Real Life: It’s no wonder couples struggle and often feel overwhelmed when they start researching the Partner Visa application forms and process. The online system is a minefield and the Department’s website is definitely not a one stop shop where you can expect to find everything you need to know about a Partner Visa! Guess what else? Just because you’ve paid a lot of money for the visa application, that doesn’t mean you should expect a follow up call or reminders for anything you got wrong or that is missing. In fact, the Department have ZERO obligation to request additional documents and there refund policy is almost non-existent!
Real stories from real couples
Below I’m sharing some real life stories of cases where couples’ relationship history and documentation seemed straightforward, but there were other factors that made their application more complex. Whilst these complexities weren’t deal breakers I think they all fall into the category of “things you wish you knew before starting.”
Complex Case Files: Health Concerns
Despite living with this health condition for over 10 years which was well managed and stable with medication, this client was shocked to receive a natural justice letter advising their Partner Visa might be refused based on the outcome of their visa medical unless they were successful with a health waiver.
They had been living in Australia for 4 years already, arriving first on a Working Holiday Visa before transitioning to a short term sponsored work visa. Throughout this time they were covered by Medicare under a Reciprocal Health Care Agreement which meant they received a subsidy for their medication under the Pharmaceutical Benefits Scheme (PBS). Because of the subsidy they, were completely unaware of the full cost of their medication (roughly $15,000 per year).
Because their previous visa applications were only for a 1 or 2 year visa, the health assessment only takes into consideration the cost of the condition over the visa validity period. When you apply for a permanent visa, and you have a permanent condition with a reasonably predictable prognosis, the costs are calculated over a 10 year period. That’s why this client had previously passed the medical assessment, but this time around it wasn’t the same.
If you have a known medical condition or take regular prescription medication, it’s always advisable to seek professional advice before lodging your visa application to make sure you have a thorough understanding of how the health criteria works, and whether or not you are likely to meet the criteria or need a waiver as part of your visa application process.
Complex Case Files: Not your first rodeo?
In a cruel twist of fate, this person’s Partner Visa was granted only a few months after the visa was lodged when their partner passed away in a tragic accident. A few years on, she was lucky enough to have found love again, but her new partner would need to be sponsored for a Partner Visa. She’d been through the process once before, so she thought she could handle it. What she didn’t know was that her happy ending could potentially be overshadowed by a dark cloud and time limits of sponsorship limitations.
I recently had a good laugh with my sister about the origins of the saying “this ain’t my first time at the rodeo.” I’ve been to a rodeo, and bull riding certainly doesn’t appear to be easy regardless of the level of experience you have. A second, third, tenth or twentieth time riding looks to be just as hard!
Applying for a Partner Visa when you’ve previously been a sponsor or a sponsored partner isn’t your first rodeo—but that’s exactly why you need expert advice! Just like a seasoned rider knows that no two bulls buck the same way, past experience doesn’t guarantee a smooth ride this time around. Immigration laws change, sponsorship limits apply, and previous applications can come back to bite if you’re not prepared.
Complex Case Files: Criminal History
This person had been waiting 3 years for an outcome on their Partner Visa and heard nothing back after providing police checks. They shared their remorse and stress over a silly decision which lead them to receiving a good behaviour bond after being caught with possession of an illicit substance at a music festival.
Their application was referred to the Visa Application Character Consideration Unit which was the cause of delays. Substantial submissions and character references needed to be provided and eventually the visa was granted – but not without a formal warning letter from the Department! Essentially the warning letter said: On this occasion we have decided not to refuse your visa, but that doesn’t mean we won’t cancel it if you do something again.
The character test for an Australian visa is purposefully broad and subjective to allow discretionary refusal of a visa in order to protect the Australian Community. There are also certain types of offences and sentences that will automatically lead to a refusal unless you can present sufficiently compelling arguments that would justify the granting of a visa. If you or your sponsoring partner have found yourselves on the wrong side of the law, you need to be prepared for the potential impact it may have on your visa application.
Common mistakes we see are non-disclosure of historical or youth offences. Several countries operate under a ‘step down’ model which means after a certain number of years, depending on the type of offence, if you have had no further dealings with the law, the details of any previous offences won’t actively show on your police check. Another mistake I often see is non-disclosure of convictions related to driving offences. Many people believe these are treated separately to criminal convictions.
Even if you aren’t convicted, when it comes to any charges or offences that have occurred in Australia, these are taken incredibly seriously. Anyone being granted a visa to remain in Australia permanently or temporarily is expected to uphold Australian values and community standards. The ministerial direction for assessing character concerns clearly states that any type of conduct involving violence or the threat of violence or that puts the safety of our community at risk (e.g. drink driving), regardless of the sentence imposed, can expect to be denied the privilege of staying in Australia.
Now that’s not to say that one black mark on your record will equal a visa refusal, but a word of warning, that any criminal history is likely to require additional documentation, and potential delays in processing, your straight forward Partner Visa might be a lot more complicated than you think!
Complex Case Files: Changing Strategies
This visa applicant was caught in the crossfire of a number of changes. They had actually lodged an application for permanent residence under the employer nomination scheme, however, things with their employer were going downhill and the business went into administration. This person had been on a Bridging Visa A for over 12 months when they realised their employer sponsored visa wasn’t going to be approved, so they decided to apply for a Partner Visa instead.
The Partner Visa had always been a back up plan as the original sponsoring employer had paid all of the fees for the original visa sponsorship, so it seemed liked a good deal. When the business hit financial trouble, this couple jumped the gun in applying for their Partner Visa. They’d recently married and had been together for over 4 years, so it seemed like a straight forward application. Unfortunately they had no idea about the Schedule 3 requirements or the strategies that could have been utilised to avoid it.
Complex Case Files: False Farm Work
This client confessed during her consultation that the reason she was most worried about her Partner Visa was because she had lied about completing farm work in order to qualify for her second Working Holiday Visa and didn’t know if this would cause issues later down the line. She was just a few days shy of meeting the 88 days required, but due to storms and adverse weather they were washed out and unable to work for approximately 4 days.
In a desperate panic as her visa was soon to expire, she changed the dates on her first payslip and submitted the application with the incorrect dates. At the time she thought she had nothing to lose – she just wanted one more year before continuing her travels and the visa was granted in just a few days. It was during this second Working Holiday Visa she met her partner and plans soon changed!
Unfortunately the false farm work is a serious problem. Where you provide false or misleading information in a visa application this can lead to a refusal and a 3 year ban!
Staying One Step Ahead
A Partner Visa is one of the biggest investments you will make into your future. To make the process as stress free as possible, stay one step by getting tailored advice to map out your future together before diving straight into the application process. A Partner Visa consultation will help you to understand the visa framework in more detail and prepare you for potential pitfalls in the application process. Once you know what you need to be prepared for based on your unique circumstances, you’ll be in a better position to decide if you want to continue with the application alone or if you could use some extra assistance!
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.
