What to do if your partner visa is refused?

If your partner visa is refused, the department will provide you with a letter outlining the reasons for your visa refusal. The following are common grounds for refusal:

Insufficient evidence of a commitment: The documents that you provided may not convince the Department of the commitment between you and your partner. So you can review documents that highlight commitment.

Inadequate supporting documents: If you submitted an application where the evidence is incomplete or missing, it can result in a visa refusal. You have to review whether you have provided all the necessary documents. For example, making statutory declarations when necessary, ensuring the information you provided matches in all the documents you have provided; if there are any slight changes, ensure you provide affidavits clarifying it. This may include minor spelling changes to your name.

Eligibility issues: You have to ensure that you are able to apply for a partner visa. For example, if either of you or your partner are married to other partners, you won’t be eligible for a partner visa. Some of the other eligibility issues are where, you and your partner are a de facto couple and have not been in the relationship for at least 12-months, which would disqualify you for being eligible to apply for the partner visa. Also, if your sponsoring partner is not an Australian citizen or resident or if he is unable to demonstrate sufficient funds to sponsor you, then your partner visa will result in a refusal. 

If your partner visa is refused you can explore pathways to keep your goal of living with your partner in Australia viable. The choices you make will depend on your individual circumstances. you can explore the following pathways:

1.Lodge an appeal with the Administrative Review Tribunal (ART)

The ART allows your partner visa refusal to be reviewed. Not all applicants have the right to review. You will have to see your refusal letter and see whether you’ve been granted the right to review. If you have been granted then you can proceed with the ART. You will have to act promptly as you usually will have only 21 days window to appeal to the AAT. Once you pass the deadline you will lose the right to appeal. During the review you will be provided the opportunity to present your case and clarify any concerns regarding your application and present evidence to make a strong case for your visa grant.

2.Reapply for partner visa

If your refusal was due to lack of evidence or documentation. You can reapply again after rectifying them. Before reapplying you will have to address the grounds for refusals very carefully and make sure you do not repeat the same mistakes again and present evidence that will satisfy and convince the department.

3.Alternative visa options

If reapplying or appealing doesn’t seem viable options for you, you can explore some other visa options that can allow you to extend your stay in Australia.

Visitor visa (SC 600): If you are applying for this, you will have to have sufficient funds to demonstrate to the department that you are a temporary visitor and you can support yourself. Also keep in mind that this is a temporary visa, so this is not ideal if you are looking for a long-term stay. You should also be cautious when applying for a visitor visa since the recent changes. If you have a “No Further Stay” condition on your visitor visa grant, you will not be eligible for various visas while you are in Australia.

Student visa (SC 500): With a student visa, you can enroll in a course and study a course of your preference. And at the end of your course, if you are under 35 years of age and fulfill the Australian study requirement, you will be eligible for the SC 485 visa. If you were to study a course that will lead you to PR and then work in your nominated occupation, then you may also be able to explore skilled migration and obtain PR by yourself.

Skilled migration: Australia has a skilled migration program that enables migrants to obtain permanent residency. So if you are already qualified and are eligible for skilled migration, you can apply for PR through different skilled migration visas, such as the SC 491, SC 190, and SC 189.

Employer sponsorships: If there are any employers who are willing to sponsor you for a role in their business, you can explore the SC 482 visa and the SC 186. One of the main hurdles for the employer sponsorships would be finding an employer who is willing to pay the Temporary Skilled Migration Income Threshold (TSMIT), which currently stands at AUD 73,150. Also, the SC 482 visa is a temporary visa, which leads you to PR through the Temporary Resident Transition stream of the SC 186 visa. The SC 482 visa requires you to have at least 2 years of work experience, but the work experience requirement will change from 1st November 2024, which will be reduced to 1 year of work experience.

With regards to the SC 186 visa, it's a PR visa, and you can apply directly for this visa through the Direct Entry stream. One of the important criteria that you will need to fulfill is the TSMIT and the work experience requirement. Unlike the SC 482 visa, you need to have at least 3 years of work experience to be eligible for this visa.

4.Seek legal advice.

If you are confused on which pathway to take and not sure how to rectify your mistakes, it is recommended to seek the advice of a professional lawyer or a migration agent. Professional advice is recommended, as professionals are able to help you in analyzing the intricacies of the legal sphere and guide you to the pathway that will be smooth for you without much hassle.