8 Crucial Mistakes to Avoid For The Australian Partner Visa
Looking to apply for the Australian Partner Visa, and want to make sure you get everything right so your application isn’t refused? I feel you. Seeing as the Defacto Partner Visa is one of the most expensive Australian visas to apply for, we’re here to help you get a visa for your dream life in Australia.
After our recent podcast episode all about visas for Australia with registered migration agent, Kelly Lloyd (the only migration agent we have ever promoted on Londoner In Sydney), we asked her to share some tips you really need to avoid when applying for the temporary partner visa for Australia.
So, if you are planning to apply for an Australian partner visa, Kelly’s advice below will help you make sure you stay on the right path. If you need to ask her any questions about your application, or would prefer her to help you get your application over the line, contact her team here.
it is important to be aware of the common mistakes that people make during the application process. Failing to avoid these mistakes can lead to delays, rejection, and even deportation. You can read My Tips for how I applied for the Partner Visa to help you get started.
In this guide I’ll talk about the following things to avoid when applying for the Australian partner visa application:
Quick understanding of the Australian Partner Visa
If you are planning to apply for an Australian Partner Visa, it is important to understand the requirements and the application process. The Partner Visa is a type of visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia.
There are two types of Partner Visas:
Onshore Partner Visa Subclass 820/801
This temporary visa is for people who are already in Australia and are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
The partner visa subclass 820 is the first stage of the visa which will give you temporary residency, and the partner visa subclass 801 is the second stage, giving you a permanent partner visa, aka this is when you become an Australian permanent resident.
Offshore Partner Visa Subclass 309/100
This visa is for people who are outside Australia and are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
This is the same as above, so the 309 visa is the temporary partner visa, and the permanent partner visa subclass 100 is stage 2, which you’ll then become an Australian permanent resident.
To be eligible for a Partner Visa, you must meet certain requirements. These include:
Being in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
Meeting health and character requirements.
Providing evidence of your relationship, such as joint bank accounts, joint leases, and photos together.
Meeting the financial requirements, which vary depending on the type of visa and whether you are applying onshore or offshore.
It is important to note that the process of applying for a Partner Visa can be complicated and time-consuming which is why it’s pretty common that many of our readers have used Kelly Lloyd to assist them with the application.
In addition, there are common mistakes that many applicants make when applying for a Partner Visa which I’ll talk more about in the below which it comes to the de facto relationship. If you’re looking into the prospective marriage visa, check the Immigration site for details.
1. Timeframe Expectations and applying onshore vs offshore
One of the most frustrating parts about applying for Australian visas is the waiting time. It’s a long drawn out process and very time consuming. Kelly told us that the Australian visa process times go up and down throughout the year, every single year, so it’s hard to make any guesses about timings.
If you’re wanting to move to Australia quickly, come in on a tourist visa and apply onshore like I did. If you apply from your home country, you could be waiting a long time (at least 1 year) to get the visa. The costs for applying for partner visa onshore vs off shore are exactly the same.
If you are thinking about moving to Australia in the future, apply now because the timeframes for entry on temporary visa are 12 months after it’s granted. This means you have 12 months to enter Australia after the visa has been granted.
2. Eligibility Criteria Mistakes to Avoid
When applying for an Australian partner visa, there are several eligibility criteria mistakes that you should avoid. Failing to meet any of these criteria can result in the rejection of your application, so it is essential to ensure that you have met all the requirements before submitting your application.
Not Meeting the Relationship Requirements
One of the most critical eligibility criteria for the Australian partner visa is meeting the relationship requirements. You and your partner must be in a genuine and ongoing relationship, which means you must provide evidence that you have been living together for at least 12 months. If you have not been living together for 12 months, you may still be eligible for the permanent partner visa subclass however, but you will need to provide evidence that you have a compelling reason for not living together. Speak with Kelly about other factors that can be influencing.
For example, when I applied, I technically hadn’t been living with Steve in a rental for 12 months because we had been travelling. We got around this by asking Steve’s mum to write a statutory declaration about how I’m in a loving relationship with an Australian citizen (ie her son) and how we had were currently staying with her.
Not Meeting the Health Requirements
To be eligible for an Australian partner visa, you must meet the health requirements set by the Australian government. If you have a medical condition that could be a threat to public health or require significant healthcare resources, your visa application may be rejected. It is essential to undergo a medical examination before submitting your application to ensure that you meet the health requirements.
Not Meeting the Character Requirements
Another critical eligibility criterion for the Australian partner visa is meeting the character requirements. You must provide a police clearance certificate from every country you have lived in for more than 12 months since turning 16 years old. I know it’s a pain, but it’s something you can sweep under the carpet. If you have a criminal record or have been associated with any criminal activity, your visa application may be rejected.
Not Meeting the Financial Requirements
To be eligible for an Australian partner visa, you must meet the financial requirements set by the Australian government. You must prove that you can support yourself and your partner financially for at least two years. If you cannot meet the financial requirements, your visa application may be rejected.
Not Providing Sufficient Evidence
Finally, one of the most common eligibility criteria mistakes is not providing sufficient evidence to support your application. You must provide evidence that you meet all the eligibility criteria, including evidence of your relationship, health, character, and finances. Failing to provide sufficient evidence can result in the rejection of your application.
3. Document Submission Errors
When applying for an Australian partner visa, submitting the required documents is crucial. However, there are some common mistakes that applicants make when submitting their documents. Here are some of the document submission errors to avoid:
Consistency across all documents for your visa application is crucial. Inconsistency will be a red flag to the immigration official reviewing your application. When applying for a partner visa in Australia, you will be required to submit multiple documents. These documents should all match each other and should be consistent in terms of information provided. Any inconsistencies or discrepancies can lead to a delay in your application or even a refusal.
2. Insufficient evidence
One of the most common reasons for partner visa application refusal is insufficient evidence. When submitting your documents, make sure that you provide enough evidence to prove that your relationship is genuine. This can include photos, emails, messages, and other forms of communication. You should also provide evidence of any joint commitments, such as shared bank accounts or leases.
3. Incorrectly certified documents
All documents submitted in support of your partner visa application must be certified copies. However, many applicants make the mistake of getting their documents certified incorrectly. Make sure that you follow the certification requirements carefully and have your documents certified by an authorised person. Failure to do so can lead to your application being delayed or refused. If you’re currently in Australia, just type into Google “Find a JP” to find your nearest.
4. Missing documents
Another common mistake that applicants make is failing to provide all the required documents. When submitting your application, make sure that you have included all the documents that are required. This can include identity documents, relationship evidence, and health and character checks. Failure to provide all the required documents can lead to your application being delayed or refused.
5. Poor quality documents
It’s important to ensure that all the documents you submit are of high quality. This means that they should be clear and legible, with no smudges or stains. If a document is difficult to read or is of poor quality, it may not be accepted as evidence. Make sure that you provide high-quality copies of all your documents to avoid any delays or refusals.
4. Financial Proof Pitfalls
When applying for an Australian Partner Visa, one of the most important aspects is providing financial proof of your relationship. However, there are some common pitfalls that you should avoid when it comes to financial proof. Here are some things to keep in mind:
1. Insufficient Financial Evidence
One of the most common mistakes that people make when applying for an Australian Partner Visa is providing insufficient financial evidence. It is important to provide clear and comprehensive evidence of your financial relationship, such as joint bank accounts, joint investments, and joint bills. You should also provide evidence of any financial support that you have provided to your partner, such as money transfers or paying for their expenses.
2. Lack of Documentation
Another mistake that people make is not providing enough documentation to support their financial evidence. You should provide copies of bank statements, investment statements, bills, and any other relevant financial documents. Make sure that all documents are clear and legible, and that they are translated into English if necessary.
3. Inaccurate or Incomplete Information
It is important to provide accurate and complete information when submitting your financial evidence. Any inaccuracies or omissions can lead to delays or even rejection of your application. Make sure that all information is up-to-date and that you provide all necessary details, such as the dates and amounts of any financial transactions.
4. Insufficient Funds
Make sure that you have sufficient funds to support your application. The Department of Home Affairs will assess your financial situation to determine whether you can support yourself and your partner in Australia. If you do not have enough funds, your application may be rejected.
5. Lack of Professional Advice
It is important to seek professional advice when applying for an Australian Partner Visa. An experienced immigration lawyer such as Kelly Lloyd can help you to navigate the complex visa application process and provide guidance on the types of financial evidence that you need to provide. They can also help you to avoid common pitfalls and ensure that your application for provisional partner visa is as strong as possible.
Many applicants assume that as there is a lot of information on the Immigration Department website that is it and all they need to follow. However, behind that informational site, there are legal requirements and legal definitions of words and a policy and guidance around the specifics of each requirement.
This is not available to the general public and only available to professional migration agents. This allows professionals to know the requirements specifically, hence why it is advisable to use a migration agent.
5. Lack of Evidence for Genuine Relationship
One of the most common reasons for the refusal of the Australian partner visa is the lack of evidence to prove a genuine and committed relationship. You need to provide evidence in the following four aspects:
Financial aspects of the relationship
Nature of the household
Social aspects of the relationship
Nature of the commitment
Generally, most people provide too much information on the social requirements and not enough on the others, so just be careful. If you can’t provide much detail on the pillars above, it’s best to chat with Kelly’s team who can help you provide alternative information to support the pillars.
Kelly told me that many applicants can add in too much detail like too much story telling for some of the pillars and not enough on others.For example, some people might provide 100 pages of photos but no bills at all.
Financial pillar: You need to provide evidence that you and your partner share financial responsibilities, such as joint bank accounts or bills in both names. You can also provide evidence of financial support, such as money transfers or joint investments.
Nature of Household: You need to provide evidence that you and your partner share a home. This can include a lease agreement or utility bills in both names. You can also provide evidence of joint ownership or joint responsibility for the maintenance of the property.
Social pillar: you need to provide evidence that you and your partner share social activities, such as photos of you together with friends or family, or invitations to social events in both names. You can also provide evidence of shared life through joint travel or joint membership of clubs or organisations.
Nature of the commitment between you and your partner: this means including evidence of mutual commitment and joint future plans, such as a joint mortgage or plans to have children together. You can also provide evidence of the length of the relationship, such as photos or social media posts from the beginning of the relationship.
It is important to note that providing evidence in only one or two aspects is not enough to prove a genuine and committed relationship. You need to provide evidence in all four aspects to give the Department of Home Affairs a clear picture of your relationship just like I mentioned earlier on in this guide.
Social Media Checks Just to note, the department uses social media to check your relationship with an Australia to make sure you are in a genuine and continuing relationship. This means, they will check your social media accounts and do a name search to see if anything comes up under your name on the internet.
6. Missing Deadlines
Missing deadlines is a common mistake made by many applicants when applying for an Australian partner visa. Failing to meet the deadlines can result in your application being refused, which can be stressful and costly. Therefore, it is important to be aware of the deadlines and ensure that you submit your application on time because you won’t get your visa fee back if the visa is declined.
When you apply for a partner visa in Australia, you will be given a deadline to submit your application. This deadline is usually six to twelve months from the date of your eligibility. If you miss this deadline, your application can be refused, and you will have to start the process again.
To avoid missing the deadline, it is important to plan ahead and make sure that you have all the necessary documents and information ready before you start the application process. You should also keep track of the deadline and set reminders to ensure that you submit your application on time.
It is also important to note that missing deadlines for other requirements, such as providing additional information or attending an interview, can also result in your application being refused. Therefore, it is essential to keep track of all the deadlines and requirements and ensure that you meet them on time.
7. Ignoring Immigration Changes and Updates
When applying for an Australian partner visa, it is crucial to stay up-to-date with changes and updates in immigration policies. Ignoring these changes and updates can result in your visa application being rejected. Therefore, it is important to keep track of any changes and updates that may affect your visa application.
In addition to changes in immigration policies, there may also be updates to the visa application process. For example, the Department of Home Affairs may introduce new requirements or forms that you need to complete as part of your application. Failing to comply with these updates can result in delays or rejection of your application.
To avoid any issues with your visa application, you need to stay informed about any changes and updates in immigration policies and visa application processes. You can do this by regularly checking the Department of Home Affairs and seeking advice from a registered migration agent such as Kelly Lloyd.
8. Not getting help
While the de facto visa is one of the most expensive Australian visas you can apply for, if your application gets refused, you won’t get your money back. By getting help from a migration agent, it allows all correspondence to be managed by them. This means you don’t need to worry about missing updates or changes within the visa process, getting any errors or inconsistencies in your application to make sure you get it approved.
As I’ve mentioned, reach out to Kelly’s team for any questions or concerns you have about applying for the partner visa for Australia and they will get back to you at no charge when you mention you found them through Londoner In Sydney.
More Australia visa guides to help you
I’ve written about my entire visa process for Australia to help anyone understand what it all looks like from my personal experience. Check out these guides if you’re looking for more information: