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Onshore Partner Visa Refusal Explained by Migration Expert

Updated

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. Especially the fact that you may be on a bridging visa or no visa at all leading you to no visa options to lodge whilst in Australia as you fall on Section 48 Bar.

Referring to the definition set by the Department of Home Affairs (DHA), a section 48 bar means that you cannot apply for any other visa from inside Australia for not holding a substantive visa in Australia.

This can be very upsetting. As you don’t hold a substantive visa, you have to be separate just to re-apply for a new visa. And when lodging a partner visa offshore, the applicant must remain offshore whilst the application is being assessed. Though the offshore Partner visa application can be granted onshore, still you have to enter Australia again and it requires you another visa.

This might take months and sometimes years, depending on each applicant’s circumstances, meaning that you may be separated for some time from your other half.

Onshore Partner Visa Refusal

What Is The Reason For The Partner Visa Refusal?

The main reason for onshore Partner Visa refusal is lack evidence of your genuine relationship. Thus the DHA is not satisfied that you and your partner truly love each other and commit to a shared life.

There are other reasons for onshore Partner Visa refusal, which include, but not limited to:

  • providing false information or even bogus documents;
  • your relationship has ended with your partner and you can’t give clarification as to why the visa should be granted;
  • not meeting other criterias like health and character requirements; etc.

Once you understand the reason why your onshore Partner Visa was refused you will know what you need to do next.

What Can You Do After Receiving An Onshore Partner Visa Refusal?

Generally, you will have two options after the refusal of your onshore Partner Visa application:

  1. Submit a review application to the Administrative Appeals Tribunal; or
  2. Lodge offshore Partner Visa application.

1. Submit a review application to the Administrative Appeals Tribunal

When it comes to submitting an Administrative Appeals Tribunal (AAT), you must ensure that you have the review right. The review right is stated in your refusal letter and it usually has a validity period around 35 days. It means you must lodge the review application to AAT within 35 days after the refusal of your onshore Partner Visa.

Once you lodge the review application to AAT, your Bridging Visa will automatically remain active during the process of AAT. Thus, submitting a review application to AAT is the favourite option for most couples facing onshore Partner Visa refusal cases.

You must provide a submission of compelling reasons as to why your partner visa application should be granted. 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.

The AAT will provide the following outcomes for your application:

  • Affirm: means the decision is not changed and will remain the same.
  • Vary: means the AAT changes or alters the decision in some way.
  • Set aside: means the AAT partially agrees that the original decision was wrong.
  • Replace or Remit the Decision: At this stage, the AAT will send back the application to the DHA for re-assessment in accordance with their instructions or recommendations.

Read more: What to do If My Australian Visa Gets Rejected? How To Appeal To AAT

2. Lodge Offshore Partner Visa Application

This option would suit you when you don’t have a review right and your Bridging visa is ending soon.

Note that you have to lodge a Bridging Visa E prior to leaving Australia. Once you’ve arrived in your home country, you can lodge an offshore Partner Visa application. Ensure this time to provide complete and strong documentation to convince the DHA that your relationship is genuine and continuing.

Good news is that the DHA has ease the requirements for offshore Partner Visa application, in which you can be either in or out of Australia to receive the decision. Meaning, you can visit your partner once a while and there’s a chance to get your offshore Partner Visa decision when you’re in Australia.

Both of these options require careful consideration. You have to consider all circumstances surrounding yourself and your relationship. Don’t risk the chance. Call us now and we will analyse your case and circumstances to find the best option for you.

Or book an appointment with our Registered Migration Agent now with 100% refund guarantee if you’re not satisfied with our service. We have a 98% success rate and experts in complex cases:

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Put All Your Worries Aside! We Are Here To Help You.

We at ONEderland Consulting understand how difficult and emotionally draining it can be dealing with onshore Partner Visa refusal.

But, rest assured. Throughout your journey, we are committed to offering empathetic and customised support while paying close attention to your particular circumstances and goals.

Our team of highly qualified and experienced migration specialists is dedicated to putting in a lot of effort and planning ahead of time on your behalf. We pay close attention to every detail and apply our extensive knowledge to handle even the most complex cases.

Our team of professionals will help you by:

  1. Developing a customised document checklist: Ensure you’ve gathered and presented all required documentation in compliance with DHA regulations.
  2. Writing a customised statement letter: highlighting the sincerity and strength of your relationship so that your application should be granted.
  3. Creating empathetic and compelling narratives: Helping you create a story that speaks to the DHA, clearly illustrates the sincere nature of your relationship, and that your application should be approved.

We are committed to being open and honest with you, keeping you updated and involved at every stage. We will work tirelessly to secure the best possible outcome for your future in Australia, and you can rely on us to be your dependable partner and advocate.

We are complex visa specialists. 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 step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us by email at [email protected] or by phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.

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Lead Migration Agent - MARN 0961 448

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Indah Melindasari Registered Migration Agent in Perth - Migration Agent Perth - ONEderland Consulting