In this blog, we outline some of the factors which contribute to a visa being denied.
There are many reasons why Partner Visa applications are refused but the easy answer is that either the Visa Applicant and/or the Sponsor simply don’t meet the visa requirements.
As with each type of visa, whether it is the Partner Visa or the Prospective Marriage Visa, there are legislative requirements regulated by the Department of Home Affairs (Department) which have to be fulfilled.
We liken it to a recipe where many ingredients are needed to produce the ultimate dish; so it is with the Partner Visa where there are many requirements which have to be met. If just one of the elements is missing, this may be grounds for the visa to be refused.
When it comes to the Partner Visa or the Prospective Marriage Visa refusals, one of the most common explanations for the visa denial is that the decision makers feel the relationship lacks the GENUINE FACTOR.
The decision from the Department really comes down to whether they believe your relationship is a ‘genuine and continuing’ relationship aka the ‘GENUINE FACTOR’. Unfortunately, we have seen many visa refusals where couples have put their own application together and, in retrospect, we see the Visa refusal could have been avoided if their presentation had been better prepared. So it’s often a case of couples being in an authentic relationship, but sadly not knowing how to present their case in a believable manner to prove it to the Department.
As you know, it’s not the Department’s job to guide you or ask you for more evidence; they aren’t going to contact you and say, “Hey, I’m just not too sure about this. Could you give me a little bit more of X, Y, Z?” This is not their responsibility.
The obligation lies with you, or your Registered Migration Agent, if you are working with a representative, to work out how much evidence is enough to prove that you’re in a genuine and continuing relationship.
Another reason we see which results in regular Visa refusals, is where people have provided FALSE or MISLEADING information or BOGUS documents in an application. This is an absolute NO-NO!! Unfortunately, it seems to be on the increase.
This must be avoided at all costs as it’s really hard one to come back from if you have lied in an application or provided false or misleading information. It’s all there on record!
And so in our video presentation, we have summarised a couple of factors which contribute to the refusal of Partner Visas or Prospective Marriage Visas. There are many reasons why visas are denied but with these particular visas, the overriding factor seems to be the decision maker who denies the visa is not convinced the relationship is ‘true’.
Please feel free to comment below, we love getting your feedback. We read all your remarks and will reply if we can answer any questions. We may even use your comments to form the next blog topic.
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.
Emma is the founder and principal migration agent at Freedom Migration. She is extremely passionate about uniting partners and families with their loved ones overseas. It might be because she's a product of a partner visa family.
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