Invalid Partner Visa Application - A growing concern
As immigration lawyers who specialise in complex migration matters, including Partner visa applications, we have noticed an increasing trend of visa applicants misunderstanding the requirements to lodge a Partner visa application, and the additional requirements which apply to persons who have been refused visas in Australia and who do not hold a substantive visa at the time of application. In particular, we have been contacted by an alarming amount of Partner visa applicants for assistance as they have inadvertently lodged invalid Partner visa applications, either on their own or with “help” from an inexperienced representative.
Why is my Partner visa application invalid?
If you have been refused a visa in Australia and did not hold a substantive visa when you were refused a visa, you are generally barred by section 48 of the Migration Act 1958 (Cth) from applying for another visa in Australia, with the exception of certain visas including the Partner (Subclass 820/801) visas.
On the other hand, persons who are s. 48-barred must generally meet additional requirements to lodge a valid Partner visa application, including the requirement to:
provide at least two (2) statutory declarations that are not more than 6 weeks old at the time of application, from an Australian citizen, permanent resident or eligible New Zealand citizen (not the applicant or sponsor) who declares that they are in a married or de facto relationship; and
the approved sponsorship form completed and signed by the sponsor.
Partner visa applicants who are s. 48-barred and who lodge their Partner visa application with the above documentation will not be eligible for the grant of a bridging visa, and will subsequently receive notification of their invalid visa application from the Department of Home Affairs.
In some cases, this notification may come after the visa you held at the time of application has already expired, which may result in you overstaying your visa and becoming an unlawful non-citizen in Australia until you are able to regularise your immigration status in Australia (e.g. where you lodge an invalid Partner visa application when your current visa is about to expire and only learn about its invalidity after your visa has expired). This is because you are not eligible for the grant of a bridging visa unless you have lodged a valid Partner visa application that can be granted to you in Australia.
Partner Visa Fun Fact
Did you know that the Form 888 used to be a statutory declaration that could only be completed by an Australian citizen, permanent resident or eligible New Zealand citizen, before an authorised witness?
What should the statutory declarations in support of my Partner visa application say?
It is important to note that the statutory declarations you provide in support of your Partner visa application must be completed by an Australian citizen, permanent resident or eligible New Zealand citizen other than your sponsor.
Each person completing a statutory declaration on your behalf must also be able to declare their personal knowledge your relationship, and whether you and your sponsor are in a de facto or married relationship, amongst other matters may be helpful to substantiating your genuine and continuing relationship with your sponsor. For instance, to avoid the inference that the statutory declarations have been contrived to secure a migration outcome for you, as opposed to being a truthful account from your friends and/or family about your relationship, it would generally be helpful for the declarant to elaborate on their relationship with you and what they have observed about your relationship with your sponsor.
At Inclusive Migration, our immigration lawyers have extensive experience with complex Partner visa applications, and can assist with reviewing your information and documentation to ensure that you can lodge a valid Partner visa application in Australia.
If you need assistance with the Partner visa process, our team of experienced immigration lawyers is here to guide you every step of the way. Should you wish to discuss your eligibility for a Partner visa, please email us at info@inclusivemigration.com.au, submit an enquiry through our contact form or send us a message on WhatsApp.
Does lodging a valid Partner visa application and getting a bridging visa mean that my Partner visa application will be successful?
Lodging a valid Partner visa application and being granted a bridging visa does not guarantee that you will be granted a Partner visa. In fact, many Partner visa applicants who are s. 48-barred (i.e. have been refused a visa in Australia prior to applying for the Partner visa) do not meet Schedule 3 criteria for the grant of a Partner visa, and must demonstrate that there are compelling reasons for the grant of their Partner (Subclass 820) visa.
In this regard, if you do not hold a substantive visa (e.g. you are a bridging visa holder) or are unlawful at the time you apply for your Partner visa, you will not be eligible for the grant of a Partner visa unless you can demonstrate that there are compelling reasons in your case. The threshold for demonstrating compelling reasons for a Partner visa application affected by Schedule 3 is extremely high, and such applications are generally subject to intense scrutiny and prolonged processing times, especially where the Partner visa applicant has an adverse or complex immigration history.
For more information on Partner visa applications affected by Schedule 3, please refer to our free guide on How to apply for a Partner Visa in Australia when you hold a Bridging Visa or are unlawful.
Where can I get help with my Partner visa application?
Our immigration lawyers at Inclusive Migration have extensive experience in assisting with Partner visa applications, including complex Partner (Subclass 820/801) visa applications affected by s. 48 of the Migration Act 1958 (Cth) and Schedule 3 of the Migration Regulations 1994 (Cth), with successful outcomes. While we have successfully advocated on behalf of our clients for the waiver of Schedule 3 criteria in their Partner visa application, we take pride in providing honest and pragmatic legal advice about the prospects of each case to everyone who consults with us, so that you can make a fully-informed decision on how you proceed with your immigraton matters.
If you are unsure of where to start, or if you need assistance with the Partner visa process, our team of experienced immigration lawyers is here to guide you every step of the way. Should you wish to discuss your eligibility for a Partner visa, please email us at info@inclusivemigration.com.au, submit an enquiry through our contact form or send us a message on WhatsApp.
