Second Stage Partner Visa Refused: Can It Happen?
As you may already be aware the Australian Partner Visa application is applied for in two parts. These are called stages. The first stage is the Temporary Partner Visa and the latter is a Permanent Partner Visa. The question is: Can a second stage partner visa be refused?
The temporary partner visa allows the partner of an Australian citizen or permanent resident to live temporarily in Australia for 2 years.
After the two year period, an applicant will then apply for the stage 2 part of the visa. This stage will allow the partner of an Australian citizen or permanent resident to reside permanently in Australia with their partner.
The reason for this is that the Department of Home affairs needs to ensure that the applicant and sponsor are in a genuine and continuing relationship.
So how is it possible to have the second stage partner visa refused?
There are a number of reasons why the second stage partner visa may be refused.
Below we take a look at reasons why and explain how to avoid a permanent partner visa refusal.
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The couple are no longer in a relationship
- The department of home affairs will refuse a second stage application when the couple are no longer in a relationship together as the application would be invalid.
The department needs to see that 2 years after the 1st stage application, the couple are still in a genuine and continuing relationship. Should the relationship break before the second stage partner visa is applied for the applicant’s temporary partner visa may also be cancelled.
- The department of home affairs will refuse a second stage application when the couple are no longer in a relationship together as the application would be invalid.
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Domestic violence/abuse.
- Where there has been domestic violence or abuse reported in either the applicant or sponsors case a stage 2 visa may be declined.
This is also the case for the stage 1 application. Should a sponsor or applicant be found guilty of a domestic abuse or violent act against their partner, the department of immigration reserves the right to cancel or refuse the second stage partner visa.
- Where there has been domestic violence or abuse reported in either the applicant or sponsors case a stage 2 visa may be declined.
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The relationship was found to be fraudulent
- Where the claimed relationship has been found to be fraudulent, a Partner visa may be cancelled or refused. This applies for both stages of the Partner Visa application. You may also face penalties such as deportation and a 3-year re-entry ban.
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The applicant did not apply for the 2nd stage in time
- Where an applicant who holds a temporary stage 1 partner visa and fails to lodge the second stage in an appropriate time may have their temporary visa cancelled.
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Sufficient evidence was not submitted
- When an applicant is unable to provide further documentation as evidence to support that the relationship is still genuine and continuing post the temporary stage being granted.
It is important to make sure that you continue to collect and gather documents after the grant of the first stage partner visa up until the time of the second stage partner visa application.
- When an applicant is unable to provide further documentation as evidence to support that the relationship is still genuine and continuing post the temporary stage being granted.
To avoid visa refusal or cancellation it is best to seek the advice of a registered migration agent if you or partner are experiencing any of the above points.
A visa refusal or cancellation is not a good thing to have as part of your Australian visa history report, especially if you would like to remain in Australia or apply for another visa.
The department of home affairs will take into account your past visa history when deciding whether or not to grant you a visa.
So What Next After My Second Stage Partner Visa Refused?
At ONE derland consulting we are able to guide and assist you with the best options for your visa concerns or enquiries. We are with you every step of the way during your visa application process.
We as your registered migration agent will ensure that you do not miss any important deadlines, such as when to apply for the 2nd stage of your Partner visa, and we will also ensure that your application is 100% ready for submission, to avoid any refusals or cancellations.
Our consultants are always on hand to speak with you at any time should you have any queries questions or concerns regarding your application. We take out all the hard work and worry, so all you need to do is sit back, relax and enjoy time with your loved one.
If you would like to find out more information about the Australian Fiancé Visa or you would like to know if you are eligible to apply for second stage partner visa, contact us at ONE derland Consulting by visiting our website at www.onederland.com.au.
Here you can speak with our consultant live, or book yourself a consultation with Indah via our online booking portal.
We are happy to help you achieve your dreams of living with your partner in Australia.
Our Principal Migration Agent, Indah Melindasari, is a registered agent with Australian Migration Agents Registration Authority (MARA), MARN: 0961448.
Mrs. Indah has been in this profession since 2009 and will be able to help tailor your migration plan to Australia based on your background and current and future circumstances.
Give us a call on 1300 827 159 and we’ll take care of the rest!
