Why Your Australian Partner Visa Was Refused: Unpacking Common Reasons for Visa Application Refusal

Introduction

Receiving a notification that your Australian partner visa application has been refused can be an incredibly distressing experience, especially given the complexities of Australian immigration law. Partner visas are subject to a high degree of scrutiny by the Department of Home Affairs (DOHA), and understanding the common reasons for refusal is crucial for any visa applicant, whether they are an Australian citizen sponsoring their partner, a permanent resident, or an eligible New Zealand citizen

This guide explains common reasons that lead to a partner visa refusal, shedding light on why your visa application may have been rejected by the immigration authorities. Exploring these factors, including eligibility issues and the intricacies of the application process, can provide clarity for those navigating the challenging terrain of Australian partner visas and seeking to understand the reasons for a potential refusal.

Your Relationship Evidence Was Deemed Insufficient

Not Proving a Genuine & Continuing Relationship

A primary reason for an Australian partner visa refusal is the failure to convince DOHA that your relationship is genuine and continuing. All partner visa applications, including Subclasses 820/801, 309/100, and 300, mandate this as a core requirement. “Inadequate relationship evidence” is frequently cited by immigration authorities as a common cause for partner visa rejection.

The onus is on the visa applicant and their sponsor to provide substantial proof that their relationship is authentic and not entered into merely for migration purposes. DOHA requires strong proof and a substantial amount of information to be satisfied. If the evidence provided does not adequately demonstrate a mutual commitment to a shared life, excluding all others, the application may be refused.

Insufficient Evidence Across the Four Pillars

To assess the genuineness of a relationship, DOHA typically examines evidence across four key aspects, often referred to as the “four pillars.” A partner visa refusal can occur if there is insufficient evidence across these pillars:

1. Financial Aspects of the Relationship: This involves demonstrating how you and your partner manage your financial affairs together. Lack of evidence of joint financial responsibilities is a common mistake. Strong evidence includes:
   • Joint bank account statements showing regular shared transactions.
   • Joint loan agreements for major assets like property or vehicles.
   • Household utility bills addressed to both partners.
   • Evidence of significant joint purchases or shared financial planning.
2. Nature of the Household: This pillar focuses on your living arrangements and how you share domestic life. Insufficient proof of cohabitation or vague statements about household arrangements can weaken your application. Relevant evidence includes:
   • Joint lease agreements or mortgage documents.
   • Mail addressed to both partners at the same address over time.
   • Statements detailing how household chores and responsibilities are divided.
3. Social Aspects of the Relationship: This examines how your relationship is perceived by society, particularly friends and family. Relying solely on photographs or lacking third-party corroboration are common errors. Evidence can include:
   • Statutory declarations from friends and family (such as Form 888s, noting any specific requirements for your visa subclass).
   • Photographs taken together in various social settings, especially with other people.
   • Evidence of joint travel, participation in joint social activities, or joint invitations to events.
4. Nature of the Commitment: This pillar delves into the mutual commitment between you and your partner. Vague personal statements or a lack of detail about prospects can be detrimental. Crucial evidence includes:
   • Detailed personal statements from both the applicant and sponsor outlining the history of the relationship, significant events, and prospects.
   • Evidence of regular contact during any periods spent apart, such as call logs or messages.
   • Knowledge of each other’s personal circumstances, like family background and aspirations.

DOHA assesses these four pillars holistically. Strength in one area may not compensate for significant weaknesses in another; a consistent and credible narrative supported by diverse evidence across all pillars is essential for a successful partner visa application.

Inconsistencies in Your Application & Statements Provided

Discrepancies or inconsistencies in the information and documentation provided with your partner visa application can severely undermine its credibility and lead to a refusal. DOHA meticulously reviews all submitted materials, and any contradictions can raise significant doubts about the authenticity of your relationship or the truthfulness of your claims.

Consistency across all forms, statements, and supporting evidence is paramount. Common inconsistencies that can lead to a partner visa refusal include:

• Conflicting Dates or Timelines: Differences in dates regarding when you met, when the relationship became serious, or when you began cohabiting, as stated by the applicant versus the sponsor, or in different documents.
• Contradictory Relationship Details: Varying accounts of how the relationship developed, significant events, or future plans provided in personal statements or during an interview.
• Mismatch between Statements and Documentary Evidence: Information in written statements does not align with evidence such as financial records, communication logs, or travel documents.

Providing false or misleading information, or bogus documents, can also lead to a refusal underPublic Interest Criterion (PIC) 4020 of the Migration Regulations 1994 (Cth). A PIC 4020 refusal can have serious consequences, including a ban on being granted further Australian visas for a specified period.

You Did Not Meet the Key Eligibility Requirements for the Visa

Issues with Basic Visa Subclass Criteria for Your Application

A primary reason for the refusal of your visa application is failing to meet the fundamental eligibility criteria specific to the visa subclass you applied for. DOHA thoroughly assesses these threshold requirements. Applying for an incorrect visa subclass, especially concerning your location at the time of application, is a critical error that can lead to your application being refused.

Each stream within the Partner Visa program has distinct core requirements:

• Onshore Partner Visas (Subclasses 820/801): These visas are for applicants who are already in Australia.
  • The visa applicant must generally be in Australia when lodging the application
  • Any family members included in the application must also be in Australia
  • Typically, an applicant must hold a substantive visa, such as a visitor or student visa, to be eligible
• Offshore Partner Visas (Subclasses 309/100): These visas are intended for applicants who are outside Australia.
  • The visa applicant must generally be outside Australia when the application is lodged
  • Similarly, any included family members must also be offshore
• Prospective Marriage Visa (Subclass 300): This visa is for individuals intending to come to Australia to marry.
  • The applicant must be outside Australia when applying
  • The sponsor must be an Australian citizen, permanent resident, or an eligible New Zealand citizen
  • Both parties must genuinely intend to marry and live together as spouses
  • The couple must have met in person as adults

The strict onshore/offshore application requirement is a non-negotiable aspect of the visa application process. An application lodged for an onshore visa by an applicant who is offshore, or vice versa, will almost certainly be refused on this basis alone.

Other specific eligibility issues that can lead to a partner visa refusal include:

• Age: For de facto relationships and marriage-based applications, both the applicant and sponsor must generally be 18 years of age or older.
• Not Related by Family: The relationship must not be between individuals whose familial relationship would prohibit marriage under Australian law, such as a parent and child or siblings.
• Australian Values Statement: Applicants aged 18 and over are required to have read, or had explained to them, the ‘Life in Australia‘ booklet and sign an Australian Values Statement, confirming their commitment to respect the Australian way of life and obey Australian laws.
• Best Interests of the Child: If a visa applicant is under 18, DOHA may refuse to grant the visa if it is deemed not to be in the best interests of that child.

Problems with De Facto Relationship Rules or Previous Australian Visa History

For applicants in de facto relationships, specific rules must be met, and a previous Australian visa history can also present challenges leading to a partner visa refusal. Understanding these aspects is crucial for a successful partner visa application.

DOHA has specific requirements for de facto relationships:

• 12-Month Cohabitation Rule: Generally, for a de facto relationship to be recognised for a partner visa, the couple must have lived together for at least 12 months immediately before lodging the application. Time spent merely dating or in an online relationship may not count towards this 12-month period.
• Registering the Relationship: The 12-month cohabitation requirement may be waived if the de facto relationship has been registered with an Australian State or Territory births, deaths, and marriages agency. This is an important consideration for couples who may not meet the cohabitation period, but whose relationship is otherwise genuine and continuing.

An applicant’s prior immigration history is closely examined by DOHA and can significantly impact eligibility:

• Previous Visa Cancellations or Refusals: A history of visa cancellations or previous visa refusals can render an applicant ineligible for a partner visa or require them to meet additional, more stringent criteria.
• Schedule 3 Criteria: Onshore applicants who do not hold a substantive visa at the time of their partner visa application, or who have a history of overstaying a previous visa, face additional challenges:
  • This applies to those who became unlawful and remained so for more than 28 days
  • These applicants may need to satisfy the “Schedule 3 criteria” of the Migration Regulations 1994 (Cth)
  • These criteria are often difficult to meet
  • Obtaining a waiver for Schedule 3 requirements is a technical and complex matter, often necessitating professional legal advice
  • Compelling and compassionate circumstances affecting an Australian citizen or permanent resident must usually be demonstrated for a waiver to be considered
  • Such circumstances can arise any time up to the date of a decision, including at a tribunal hearing if the application is refused and appealed
• Section 48 Bar: If an applicant is in Australia and does not hold a substantive visa when their visa is refused, they may face additional restrictions:
  • Those on a bridging visa may be affected by Section 48 of the Migration Act 1958 (Cth)
  • Section 48 generally bars individuals in this situation from applying for most other visas while they remain in Australia
  • Partner visas are a notable exception to this bar for those who have had a partner visa refused (but not cancelled) and hold a bridging visa
  • However, if applying for a partner visa in Australia in these circumstances, the Schedule 3 criteria will likely apply
• Debts to the Australian Government: If the applicant or any family members (including those not applying for an Australian visa with them) owe money to the Australian Government, these debts must be repaid, or a formal arrangement for repayment must be in place before a visa can be granted.

Your Sponsor or the Sponsorship Application for the Partner Visa Had Issues

Sponsor Not Meeting Eligibility or Character Requirements

For a partner visa application to be successful, the sponsor must meet specific eligibility and character requirements set by the DOHA. A failure to meet these can lead to the refusal of the sponsorship application, which in turn results in the partner visa application being refused.

The sponsor is required to be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. DOHA requires verifiable proof of the sponsor’s status, such as a passport or birth certificate. Documents like a driver’s licence or Medicare card are not considered sufficient proof of their status. If the sponsor cannot prove their eligible status, the visa application may be refused.

The character of the sponsor is also a critical aspect of the partner visa application process. Sponsors are required to provide police certificates and must consent to DOHA disclosing any convictions, particularly those related to domestic violence or other serious offences, to the visa applicant.

If the sponsor has a “significant criminal record” concerning“relevant offences,” the sponsorship application may be refused. Relevant offences include those involving:

• Violence, such as murder, assault, or sexual assault
• Harassment, molestation, intimidation, or stalking
• Breach of apprehended violence orders
• Firearms or other dangerous weapons
• People smuggling or human trafficking

Furthermore, if the partner visa application includes a child under the age of 18, the sponsor must not have been convicted of a “registrable offence,” which typically involves serious offences against children.

Should a case officer determine that the sponsor’s criminal record is significant, the sponsor will usually receive an invitation to respond to this “adverse information.” A refusal of the sponsorship due to the sponsor not meeting character requirements means the entire partner visa application will fail, causing significant distress and financial loss for the visa applicant.

Breaching Sponsorship Limitations for Partner Visas

DOHA imposes limitations on how many times an individual can sponsor a partner for an Australian visa and the frequency of such sponsorships. These rules are in place to prevent misuse of the partner visa program. A breach of these sponsorship limitations can be a reason for partner visa refusal.

Generally, an individual is limited to sponsoring a maximum of two partners for a partner visa in their lifetime. This includes sponsorships for spouses, de facto partners, or fiancés. If a sponsor has already sponsored two partners, their ability to sponsor another partner visa applicant is severely restricted.

In addition to the lifetime limit, there are usually waiting periods that apply. For instance:

• If a sponsor has previously sponsored another partner, a period of five years must typically pass before they can sponsor another person
• Similarly, if the sponsor was themselves granted a partner visa or a Prospective Marriage Visa, they generally cannot sponsor a new partner until five years have passed since their visa was granted

These sponsorship limitations are a key integrity measure. While waivers for these limitations may be considered in certain compelling and compassionate circumstances, such waivers are technical, complex, and not commonly granted. Therefore, it is crucial for both the visa applicant and the sponsor to be aware of these limitations before lodging a partner visa application to avoid a potential refusal.

You or Your Sponsor Did Not Meet Health or Character Standards for the Visa

Failing to Meet the Health Requirement

The Australian government mandates that all applicants for an Australian partner visa, and occasionally, their non-migrating family members, meet specific health requirements. These standards are in place to protect public health, manage healthcare expenditure, and ensure Australian citizens and permanent residents have access to necessary medical services. Health examinations, which may include a general medical check-up, chest x-rays, and blood tests for conditions like Human Immunodeficiency Virus (HIV), are a standard part of the visa application process.

The health requirements are primarily outlined in PIC 4005 and PIC 4007 of the Migration Regulations 1994 (Cth). Both criteria require an applicant to be free from active tuberculosis and any other disease or condition that:

• Is likely to be a threat to public health in Australia.
• Is likely to require health care or community services that would result in significant cost to the Australian community.
• Is likely to prejudice the access of Australian citizens or permanent residents to such services.

A critical difference is that PIC 4005, which generally does not apply directly to the main stages of partner visas, has no waiver provision. However, partner visas are subject to PIC 4007, which allows for a health waiver if an applicant fails to meet the health criteria.

Several medical conditions can lead to a partner visa refusal if they are assessed as posing a public health risk or incurring significant costs. These may include:

• Active Tuberculosis (TB).
• HIV/Acquired Immunodeficiency Syndrome (AIDS), especially if ongoing treatment imposes a significant financial burden.
• Chronic Hepatitis B or C requiring high-cost medical treatment.
• Certain types of Cancer needing extensive and expensive treatment.
• Intellectual or functional disabilities, such as Down syndrome or severe autism spectrum disorder, if long-term care and special education needs are assessed as imposing significant costs.
• Kidney disease requiring regular dialysis or a transplant.
• Severe mental health disorders requiring significant ongoing support.

The assessment of “significant cost” is a major factor, and even well-managed conditions can lead to refusal if their long-term cost implications are too high. The health requirement generally operates on a “one fails, all fail” principle, meaning if one family member in the application (and sometimes non-migrating dependents) fails, the entire family unit’s visa application may be rejected.

For partner visa applicants who fail the health requirement under PIC 4007, a health waiver may be considered. DOHA will assess:

• The potential costs.
• The applicant’s ability to mitigate these costs (e.g., through private insurance or personal funds).
• Any compelling and compassionate circumstances.
• The potential benefits the applicant might bring to Australia.

Obtaining a health waiver can be an intricate process, often requiring detailed submissions.

Not Passing the Character Test or PIC 4020 Issues Affecting Your Visa Application

All Australian partner visa applicants, and their accompanying family members aged 16 or older, must meet the character requirement as defined in Section 501 of the Migration Act 1958 (Cth). This test is designed to ensure the safety and integrity of the Australian community. Applicants typically provide police certificates from countries where they have lived for 12 months or more in the past 10 years since turning 16.

An applicant will fail the character test if they have a “substantial criminal record,” generally defined as a sentence to death, life imprisonment, or a term of imprisonment of 12 months or more (cumulative sentences count). However, DOHA may refuse a visa application based on other character concerns, even without a conviction or with a lesser sentence. These concerns include:

• Association with individuals or groups suspected of criminal conduct.
• Past and present criminal or general conduct indicating a lack of good character.
• A significant risk of engaging in criminal conduct in Australia, or harassing, molesting, intimidating, or stalking another person.
• Involvement in serious offences like people smuggling, war crimes, or torture.
• A history of family violence, which is treated very seriously, even if no conviction was recorded.

Sponsors for partner visas also undergo character checks. They must consent to the disclosure of adverse information, such as domestic violence history, to the visa applicant. A sponsor with a “significant criminal record” for “relevant offences,” for example, violence, harassment, offences against children, may have their sponsorship application refused, leading to the refusal of the partner visa application.

PIC 4020 is another critical aspect that can lead to a partner visa refusal. PIC 4020 is invoked if an applicant or a family member:

• Fails to satisfy DOHA as to their identity.
• Provides a bogus document in relation to their current visa application.
• Provides information that is false or misleading in a material particular in their current application or in relation to a visa held in the 12 months prior.

The consequences of a PIC 4020 refusal are severe, including:

• The refusal of the current visa application.
• A potential 3-year ban (for bogus documents or false/misleading information).
• A 10-year ban (for identity issues) on being granted further Australian visas to which PIC 4020 applies.

This is a strict liability provision, meaning intent to deceive is not always necessary. Before a PIC 4020 refusal, the Department usually provides an opportunity to comment, though overcoming such a finding is challenging. Waivers for the non-grant period may be possible in limited compelling or compassionate circumstances affecting Australian interests or an Australian citizen, permanent resident, or eligible New Zealand citizen.

Errors in Your Visa Application Process or Documentation

Incomplete, Incorrectly Prepared, or Missing Documentation

A significant reason for an Australian partner visa refusal stems from errors and omissions in the documentation provided to the immigration department. Partner visa applications are evidence-heavy, and even minor mistakes can jeopardise your visa application.

It is crucial that all information supplied is complete, accurate, and consistent. Common documentation pitfalls that can lead to partner visa refusals in Australia include:

• Missing or Incomplete Forms: Failing to submit all required application forms or leaving sections incomplete is a frequent error.
• Outdated Forms: DOHA periodically updates its forms, and submitting an outdated version can render your application invalid.
• Incorrectly Certified Documents: Where certified copies of documents are required, they must be certified by an authorised person according to specific guidelines. Improper certification can lead to the document being rejected.
• Lack of Translations: Any documents not in English must be accompanied by translations from an accredited translator. Failure to provide these can result in your partner visa application being refused.
• Insufficient or Incomplete Information: Providing generally incomplete information prevents the case officer from properly assessing your eligibility for the partner visa.

Consistency across all submitted materials is paramount for a successful partner visa application. DOHA meticulously reviews all forms, statements, and supporting evidence. Any inconsistencies, such as conflicting dates, differing accounts of the relationship history, or mismatches between written statements and documentary evidence, can raise serious doubts about the authenticity of your claims or the credibility of the applicant and sponsor.

Such discrepancies can negatively impact the assessment of your genuine relationship and may lead to a partner visa refusal.

Furthermore, providing bogus documents or information that is false or misleading in a material particular can have severe consequences. This can trigger PIC 4020 of the Migration Regulations 1994 (Cth). Examples include:

• Submitting fake marriage or divorce certificates
• Altered financial statements
• Providing untrue statements about your relationship or identity

DOHA conducts integrity checks and can verify the authenticity of documents and information. A finding under PIC 4020 will result in the refusal of your current partner visa application and can lead to a ban of three or ten years on being granted future Australian visas to which PIC 4020 applies.

It is important to note that PIC 4020 is a strict liability provision, meaning an intention to deceive is not always required for it to be invoked. Honesty and meticulous preparation are, therefore, essential throughout the visa application process.

Failure to Respond to Department Requests or Poor Interview Performance

The visa application process does not end with the initial submission; interactions with DOHA continue, and how you manage these can significantly affect your partner visa outcome.

During the assessment of your partner visa application, DOHA may issue a formal request for more information or additional documents, often referred to as a s56 request, under Section 56 of the Migration Act 1958 (Cth). These requests can be made for various reasons, such as:

• The initial submission of incomplete or insufficient documentation
• A need for more substantial evidence to verify the genuineness and continuing nature of your relationship
• The requirement for clarification or further details regarding financial aspects, character information, or health assessments

It is crucial to respond to these requests comprehensively, accurately, and within the timeframe specified by the Department, which is typically28 days. Failure to respond adequately, or to respond at all, can lead to significant delays in processing or, more commonly, the refusal of your partner visa application.

If you require more time to gather the requested information, you may seek an extension, but this must be done before the original deadline expires, and an extension is not guaranteed. Regularly checking your ImmiAccount and registered email address for any correspondence from the Department is vital.

DOHA may also invite you and your partner to attend an interview, either in person or via telephone, as part of the partner visa application assessment. The primary purpose of this interview is to further assess the genuineness of your relationship. A poor performance during this interview can be detrimental to your application.

Examples of poor interview performance include:

• An inability to recall basic facts about your partner or significant details about your relationship, such as your partner’s date of birth, how you met, key dates in your relationship, or details about each other’s family
• Providing answers that are inconsistent with the information already provided in your application or with the answers given by your sponsoring partner

If the interviewing officer concludes from your performance that the relationship may not be genuine, this can be a direct cause for your partner visa application to be refused. Therefore, both the visa applicant and sponsor should be well-prepared to discuss their relationship consistently and accurately.

Conclusion

An Australian partner visa refusal can arise from a range of intricate factors, including the submission of insufficient evidence to prove a genuine and continuing relationship, failure to meet crucial eligibility requirements for either the visa applicant or the sponsor, not satisfying health or character standards, or critical errors within the visa application process or documentation. Understanding these common reasons for refusal, from demonstrating the authenticity of your partnership and sponsor eligibility to meeting the strict health, character, and procedural demands of DOHA, is vital for any applicant.

If you are navigating the complexities of an Australian partner visa application or are concerned about a potential refusal, seeking timely professional guidance can illuminate the path forward. Contact Moya Migration Law today for trusted expertise; our experienced immigration lawyers provide specialised services and tailored strategies to help you understand the requirements, address potential issues, and work towards achieving your migration goals.

Frequently Asked Questions (FAQ)