Onshore Partner Visa Refusal – Why And What Can You Do?
Having onshore partner visa refusal can be very upsetting and stressful for you and your beloved partner. When an onshore Partner visa refusal happens, while you may be on a bridging visa or currently have no visa, unfortunately, you won’t be able to lodge another visa whilst in Australia.
The Department of Home Affairs calls this as a Section 48 Bar. A section 48 bar means that you cannot apply for any other visa from inside Australia.
This can be a very upsetting time for couples, having to separate just to re-apply for a new visa. When lodging a partner visa offshore, the applicant must remain offshore whilst a decision is being made on the application.
This might take months and sometimes years, depending on each applicant’s circumstances, meaning that the couple may be separated for some time.
What Is The Reason For The Partner Visa Refusal?
The first thing you need to do after your partner visa got refused, ensures that you understand the reason for the visa refusal. There are many different reasons as to why a partner visa may have been refused.
The reason can be; you provide wrong information or even bogus documents. Another reason is you break up with your partner and you can’t give clarification as to why the visa should be granted. In most cases, it is as simple as not enough evidence of a relationship being shown.
Once you understand the reason why your visa was refused you will know what you need to do for when you reapply to ensure the success of your next application.
What Can You Do After Receiving An Onshore Partner Visa Refusal?
The next step would be to speak with a registered migration agent. Our migration agents will be able to analyze your case and circumstances surrounding it and will be able to determine what options you have in regards to being able to lodge an appeal.
In some cases, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT). In order to do so, you will need to make a submission of compelling reasons as to why your partner visa application should be granted.
A section 48 bar can only be removed if you want to apply for a different kind of visa from onshore during the tribunal hearing and submission of compelling reasons as to why will also be required.
Your submission will need to be persuasive, captivating and convincing. Submission needs to be detailed and helpful to the tribunal member that is reviewing the appeal. It needs to demonstrate arguments that are well researched and prepared in order to ensure that your situation is understood and a positive outcome can be reached.
Put All Your Worries Aside! We Are Here To Help You.
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We specialise in complex visa cases. As a registered Australian migration agent with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.
Take the first leap and get in touch with us. Our migration agents are professional, honest and our team members are able to speak various languages such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, Polish, German and Russian. Contact us through email at [email protected] or via phone on 1300 827 159. Alternatively, you may book your consultation online and it is 100% refundable if you become our client.