Partner visa refused? Discover why it happened, your appeal options, and expert tips to improve your chances of approval.
Living with your partner in Australia might seem like a dream, but if the person living overseas can get the right visa, then this exciting notion could become a reality! But, if after supplying your documentation, paying the application fees, and waiting for a result, you get a no, it can feel devastating.
If your partner visa has been refused, it’s not the end of the line. There are steps you can take to appeal or strengthen your application and try again, but considering the cost of both of these avenues, you’ll want to make sure you are successful the second time around.
Here are some tips from the professionals at Align Law on what you can do.
If you were unsuccessful in your first application for a partner visa, it could be for any number of reasons. You might have:
Any one of these can be enough for your visa application to be knocked back, and if you have a combination of them, then it’s probably a sign you shouldn’t be making this application on your own.
Help from an immigration law firm in Melbourne can make the difference between a successful and a failed application, which equates to thousands of dollars and a lot of time and effort on your behalf. For more information on why your partner might be delayed or refused, please read our article on ‘Why Is My Partner Visa Taking So Long? 10 Common Delays Explained by a Partner Visa Lawyer.’
So, you’ve received word from the Department of Home Affairs that you have been unsuccessful in applying for a partner visa. What do you do next? You’re not barred from ever getting the visa you need, but you’ll also need to do more than just read over your application, make a few small changes, and then apply again the same way.
Your refusal notice will indicate the grounds on which you were refused, and it will be worth your time to look into this in greater detail. For example:
Knowing this detail will make it clear what you need to do in the future. You can either:
After receiving your notice of refusal, you will have 28 days to file an appeal with the Administrative Review Tribunal (ART). Please note that the exact timeframe will be outlined in your decision letter. The Tribunal has the power to overturn the unsuccessful decision if they deem it to be unfair or made in error, and they will look through your application carefully during their review.
Making an appeal this way will cost $3580, but you may be eligible for a fee reduction. Use the Request for Fee Reduction form provided by the ART for this process.
At Align Law Immigration, appealing to the ART is one of our specialities. If you want expert assistance with Administrative Review Tribunal appeals, please get in touch!
You can also choose to simply make another application for your partner visa. However, this will only be possible if you are offshore. If you choose to reapply, it is extremely important that you know exactly why you were refused in the first place, so you can remedy the situation and hopefully get a successful outcome.
How you reapply will depend on the reasons behind your first refusal:
Reapplications are much more expensive than an appeal and will cost you over $9365. That is why it is so important to get it right, as you don’t want to be paying these kinds of fees for repeated applications over the years.
Be aware that there won’t always be an unlimited number of partner visa applications you can make. This will depend on factors like if you have been in Australia illegally, whether you have had a visa cancelled in the past, if you are in immigration detention, or if the partner visa was refused on serious character grounds.
For more information, please read the official Limitations on Applications in Australia from the Department of Home Affairs. If you need a lawyer who specialises in character cancellation cases, please contact Align Law Immigration for fast and compassionate assistance.
One of the best ways to avoid the heartbreak of a partner visa denial is to make your application with the help of a professional. This way, you can make sure you have all the documents and evidence needed, that everything has been filled out correctly, and that everything is collected and presented in a timely manner.
At Align Law Immigration, we can make certain your partner visa application has the best possible chance of success. As partner visa lawyers in Melbourne, Sydney, Perth and Brisbane trusted with many different facets of immigration law, we know exactly how to help you get your application right, whether it’s the first or the second time.
Engage with us by calling +61 03 7036 6726 or use our online message form to leave your request with us, and we’ll get back to you as quickly as we can. As an experienced immigration law firm in Melbourne with a history of success, we know all the nuances of visa applications (and their refusals and cancellations), and can help make sure you have a smooth and trouble-free time during the application process.
I had a fantastic experience with Align Law! I worked with Michelle Collins to transition from a Working Holiday Visa to a Temporary Skills Shortage Visa (Subclass 482) earlier this year and she made the entire process clear and easy to understand and work through. Not only is Michelle skilled,... More
I had a fantastic experience working with Michelle for my visa application. She was professional, efficient, and very supportive throughout the entire process. Her guidance made everything smooth and stress-free. I would highly recommend her services to anyone looking for reliable visa assistance.
We are beyond grateful to Michelle Collins for her incredible help in achieving our permanent residency. After having two disappointing experiences with other immigration lawyers, Michelle was a breath of fresh air. She was not only extremely knowledgeable but also genuinely cared about our case. Unlike our previous experiences, where... More
From the initial inquiry to the final stages of my application, every interaction was handled with professionalism and care. The staff members were not only knowledgeable but also patient, ensuring that all my questions were answered and every detail was taken care of. It truly made a difference and eased... More
I wanted to take a moment to express my deepest gratitude for your exceptional work in achieving my visa. Your expertise, dedication, and unwavering commitment to my case have made all the difference. Throughout the process, you have shown remarkable professionalism and a deep understanding of immigration law. Your guidance... More
Great experience with our lawyer Michelle Collins. Since the moment we started to ask for questions regarding our visa she made sure to always give us the best options for us. Michelle was always available for any concerns we might have. Having Michelle as our lawyer made us feel comfortable... More
I had the pleasure of having Michelle, my immigration lawyer on my visa journey and I couldn't be more pleased with the exceptional service she provided. From day one, Michelle made the entire immigration process easy and stress-free. She was organized, calm, and provided me with sound advice at every... More
If you need Immigration Assistance, make sure your first call is to Michelle Collins at Align Law. She is A M A Z I N G!!!! We worked with Michelle on a very challenging visa issue which turned into three challenging visa issues and at every obstacle Michelle was calm,... More
Michelle was always there anytime we needed her. She knows exactly what she is doing. I couldn’t have moved to Australia without her help. My partner and I have become a family. And I finally got my PR. We are exremely happy with all that we have been able to... More
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The process was quick and reliable.
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Michelle was extremely diligent with our submission and whilst there was a lot of information to be provided and some backwards and forwards, it made for a very quick and successful application. Highly recommended.
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