Why Is My Partner Visa Taking So Long? 10 Common Delays Explained by a Partner Visa Lawyer

If you are living in Australia and have a partner overseas, they may be able to come and live with you with the right type of visa. However, once the application is lodged, you and your partner might be waiting a while for a successful result.

Delays can be stressful for both of you, and there are many reasons this can happen, not all of which are in your control. If your partner visa has been delayed, here are some of the reasons why and, most importantly, what you can do about it.

Types of Partner Visas

Before we begin, let’s detail the two different types of partner visas available.

• Onshore 820/801: This is the type of visa that you will apply for if both partners are already in Australia. If you are in Australia and wish to remain with your partner, who is here permanently, then this is the visa you need to get.

• Offshore 309/100: This visa is used when one partner is in Australia, and the other is living somewhere overseas. If your partner lives in Australia and you would like to join them, then you need to apply for this visa.

The 820 and 309 visas are both temporary provisional visas, and after two years, you will need to be reassessed for the Permanent 801 or 100 visas. This will depend on which visa you initially applied for.

Common Reasons Your Partner Visa May Be Delayed

No matter what type of partner visa you apply for, various delays can all make reuniting with your partner a lengthy and stressful process. Here are some of the types of delays you should be aware of.

1.   Your Current Visa has Condition 8503

If you have a Condition 8503, it means your visa is subject to a  ‘No Further Stay’ condition. This means that if you are currently inside Australia, you cannot apply for a temporary or permanent visa, including the 820/100 onshore Partner visa.

If this is the case, you will need to apply for a ‘No Further Stay Waiver’ request via a request form from the Department of Home Affairs. This will only be approved if there has been a substantial change in your situation, such as the death of a close family member, war, or natural disaster in your home country, or a medical reason that means you are unable to travel home.

Pregnancy, a new relationship, or failing your education course in Australia are not changes that a waiver will be granted for.

2.   Problems With Your Relationship

If you are applying for a partner visa and your relationship breaks down, you may find you are no longer eligible for the visa you were after, unless certain conditions still apply.

These relationship breakdown provisions include:

• If your partner (your sponsor) in Australia has died
• Children from the relationship are involved
• You have experienced family violence from your sponsor

If any of these circumstances apply to you, an experienced immigration lawyer, like a solicitor from Align Law Immigration, will be able to help you still apply for the visa you want.

3.   Sponsorship Application Issues

If you are applying for a partner visa, you might not know that you also need to lodge a sponsorship application after you apply for your visa. Not doing this may not mean your visa is refused outright, but it may cause unnecessary delays throughout the entire process.

Sponsors will be assessed for their eligibility to become a suitable sponsor. They must pass the character test to enable them to sponsor their partner to Australia. If they have substantial criminal records or fail to lodge a sponsorship application, it can result in major delays to their visa, or it may be refused.

4.   Documents are Incomplete or Incorrectly Filled Out

There is quite a volume of documentation that you need to provide for either an onshore or offshore partner visa. Either filling out one of the forms incorrectly, or not having all the correct forms at all, can lead to your application being denied and you having to go through it all again.

You should also make sure you have included the necessary documents like proof of identity, any police checks, medical forms, and all the required proof of relationship documents.

If you are ever unsure of how to fill something out or what you need to include, a lawyer from Align Law Immigration can help you. No matter the types of forms you need assistance with, we have experience working as an immigration lawyer for Sydney, Perth, Melbourne and Brisbane couples trying to live together in Australia.

5.   Case Workers are Dealing with Multiple Applications

Sometimes, your case can be delayed because of something you’ve done accidentally, but sometimes, it isn’t your fault at all. If there are high numbers of applications all going through at once, case workers can have trouble processing every single case at the same rate.

You may find that, if your case has more elements or complications to it, it gets delayed simply because easier cases will be faster to process. While there isn’t anything you can do to change how in-depth your case is, applying with a ‘decision-ready’ application may help to speed up the process.

6.   Issues With Your Health or Character Check

To get your partner visa, you’ll need to pass a character check and a health check. These mandatory checks are very in-depth, and if any issues surface, then it can cause quite a delay to your visa process. If you don’t meet the health requirements of PIC 4005 & 4007 (like if you have communicable diseases such as tuberculosis or hepatitis), then you may not be eligible to enter Australia.

Remember to keep in mind that the health checks you will need to undertake can expire after a set period of time. Your results will be valid for twelve months, while if the Department of Home Affairs requires you to sign a health undertaking, this will be valid for six months.

If you or your sponsor has a criminal record, this can also complicate your application. Australia will not grant visas for persons who are imprisoned full-time for an offence against an Australian law because you have:

• ‘Been sentenced to death, imprisonment for life or imprisonment for 12 months or more

• Been convicted of a sexually based crime involving a person aged under 18 years by an Australian or foreign court

• Had a charge proven for a sexually based crime involving a person aged under 18 years, even if you were discharged without conviction.’

(Department of Home Affairs, Character requirements for visas)

If these points do not apply to you and you have been truthful in your application about your history, then you may still be granted a visa even if you don’t meet all the character check requirements, as the Minister for Home Affairs or their delegate can choose to grant your visa anyway.

7.   Not Enough Evidence of Your Relationship

In order to be granted any type of partner visa, you will need to make sure you have supplied enough evidence of your relationship to show that there is a real, ongoing and serious relationship between you and your partner.

There are four categories of documents you should supply:

• Social Proof: Couples who are active on social media will find this easy! You will need to provide evidence that you have attended shared events with friends and family together–everything from family dinners to weddings. If you aren’t active on social media, then printed photos or even written recordings can help.

• Financial Proof: Details of your shared finances, such as bank statements, food and utility bills, and joint purchases of things like vehicles and property, show how you and your partner support each other financially.

• Household Proof: How do you and your partner share the load domestically? Proof of shared responsibilities, like cooking, cleaning and caring for dependents like children or pets, are useful here. You can also showcase evidence of how you split bills for rent or your mortgage.

• Proof of Commitment: You’ll need to convince your case worker that your relationship is genuine. Details and proof of how and when you met, how you communicate as a couple, and any plans for the future, like children.

If you live apart (like those applying for an offshore partner visa might be), then gathering all the required proof can be particularly challenging. A professional in immigration law, like a lawyer from Align Law Immigration, will be able to assist you here.

8.   Previous Attempts of Sponsorship or Visa Applications

If your partner has applied to sponsor offshore partners before you, it could hinder your current attempt to live in Australia. A sponsor can only ever hold up to two sponsorships in their life–this is known as sponsorship limitation.

If, as the applicant trying to live in Australia, you have applied in the past and been denied (due to fraud or a fake identity), then it is likely that your visa application will also be denied.

Your case may be investigated as to why the other sponsorship attempts have occurred, which can draw unwanted attention to your visa application and delay it. If this applies to your sponsor, speak to the team at Align Law Immigration to determine the best way to proceed.

9.   Record of Overstaying a Visa or Not Holding a Substantive Visa

If you have overstayed your visa or do not hold a substantive visa, Schedule 3 may apply to your partner visa. You must show compelling reasons such as hardship, family unity, or health issues to request a waiver. Without this, the visa may be refused. Strong supporting evidence is essential.

It is possible to overcome Schedule 3, but it is a very difficult process to try and tackle on your own. Make sure you contact an Immigration migration agent in Sydney, Perth, Melbourne or Brisbane from Align Law to assist you.

10. Documents are Needed From a Department of Home Affairs Office in Another Country

Sometimes, the Australian Department of Home Affairs may need to coordinate with a government from another country to get all the documents needed. If you thought dealing with one government department was a slow process, try having to wait for two different ones to coordinate!

Supplying all the needed documents yourself is the best way to prevent this sort of delay from occurring. Make sure to do your research before making your application, so you know exactly what you need to supply for a successful partner visa.

Engage with Align Law Immigration: Your Trusted Immigration Law Firm in Melbourne

Applying for either an onshore or offshore partner visa can be a long, difficult and stressful process if you and your partner are going at it alone, but it doesn’t have to be! At Align Law Immigration, we have specialists ready to help you through your application at every step and make sure you have the best chance of making it to Australia to be with your partner.

If you need a partner visa lawyer in Melbourne, Sydney, Perth, or Brisbane, we are the lawyers to trust with your application. Contact us on +61 03 7036 6726 to speak with a member of our team, or leave us a message online and we will get back to you as soon as we can.

With offices across the country and even overseas, it’s easy to see why we’re the trustworthy choice for an immigration migration agent in Australia. Get in touch today to begin!