Options for Partner Visa Refusal & Relationship Breakdown
We understand that obtaining a Partner Visa in Australia is crucial for your relationship. The Partner Visa application process is complex and often becomes your last hope to reunite with your loved ones in Australia. Unfortunately, due to its challenging procedure, not all Partner Visa applications are successful, or even worse, your relationship breaks down before finalising the application. It’s natural to wonder about the options left and what to do after facing a Partner Visa refusal.
Rest assured, you’re not alone in this journey. With our extensive experience and expertise, we can guide you through the correct steps, potentially changing the decision. We are here to provide a comprehensive guide on the options available and what to do after facing a Partner Visa refusal.
What can lead a Partner Visa application to refusal?
Various reasons may lead to Partner Visa refusal. Generally, your Partner Visa application will be refused due to the following reasons:
- Your relationship is not genuine in the eyes of immigration
- Failed to respond to the requests of the Embassy or Immigration case officer
- Failed during the Interview process
- Fraudulent or bogus document/information
- Failed to meet the health requirements
- Failed to meet the Character requirements
- You have Section 48 bar and Schedule 3 criteria
Read more: Partner Visa Refused in 2024: Why? And How to Avoid It?
Your Options After Partner Visa Refusal
The available options after Partner Visa refusal depends on your circumstances and the reason for the refusal. In general, you will have three options on what to do after the Partner Visa refusal:
- Accept the refusal,
- Re-submit the Partner Visa application or
- Review the decision to the AAT (Administrative Appeals Tribunal).
Option 1: Accept the Partner Visa Refusal
It might be the most bitter option, but we often find couples who decide to drop their Partner Visa application. Most of the time, when couples receive a Partner Visa refusal due to their relationship breaking down, they accept the refusal and do nothing further, as they have no intention or reasons to continue the visa journey together.
Is accepting the Partner Visa refusal too difficult for specific reasons? After the refusal, you can discuss your options and what to do with us.
Option 2: Submit a New Partner Visa Application
The next option after Partner Visa refusal is to consider submitting a new Partner Visa application, though this requires you to pay another 8k for the visa. Consider this option if the refusal was due to insufficient information or documents.
Ensure to submit the new Partner Visa application with complete information and documents to avoid the same result.
Option 3: Review the Decision to the AAT (Administrative Appeals Tribunal)
After the Partner Visa refusal, the last option is to review the decision with the AAT (Administrative Appeals Tribunal). However, you must pay close attention to the deadline for submitting the review application. Generally, you will have around 28 to 35 days to submit the review application since the refusal date. Also, ensure that the review right is given in the refusal letter.
The review application is your second chance. The AAT, an independent body separate from the Department of Home Affairs that refused your Partner Visa application, will consider all the data you provided, including your first partner visa application. They will also consider any additional proof you can gather until the Tribunal review hearing date. This gives you a third party that gives you a chance to prove the decision was wrong.
The AAT will consider all the data you have provided, including the ones from your first partner visa application. Furthermore, they will consider any proof you can gather until the Tribunal review hearing date.
The AAT may need approximately 1.5 years to review your Partner Visa application before you’re invited to the hearing. With this, you will have enough time to compile strong evidence and arguments to overturn the decision.
Read more: Administrative Appeals Tribunal (AAT) – Things You Need to Know
Can I lodge another visa application after the Partner Visa refusal?
It isn’t easy to judge, actually. The possibility of lodging another visa application after the Partner Visa refusal depends on your circumstances. If you find yourself eligible for another type of visa, then the chance will open.
However, considering that the Partner Visa refusal might cause you to hold a Bridging Visa, applying for another visa in Australia will be difficult. In this situation, you will face a situation called a Section 48 Bar. This means you must waive the Section 48 Bar to successfully get another visa onshore visa. Our migration expert always suggests considering an offshore visa application after facing Partner Visa refusal, as it’s safer than an onshore application.
Our migration expert always suggests considering an offshore visa application after facing Partner Visa refusal, as it’s safer than an onshore application.
Read more: What does The Section 48 bar means?
What if my relationship breaks down? What are my options?
You must notify the Department of Home Affairs if your relationship breaks down. Your obligation to notify DHA will continue until a decision is made on your permanent visa, generally two years after your initial application has been lodged.
Listed below are some scenarios depending on what stage your Partner visa is up to if your relationship breaks down:
- If you have lodged your partner visa and are waiting for a decision on your Temporary Partner visa, your Temporary and Permanent Partner visa application will be refused.
- Your current Bridging visa would expire after 28 days, and you would receive a period of notice once they have made a decision.
- Suppose you have already received your Temporary Partner visa. In that case, your Permanent Partner visa will be refused, and your Temporary Partner visa will expire immediately. You would still have your Bridging visa, which would expire after 28 days, as well as a period of notice once they have made a decision.
- If you have been granted your Permanent Partner visa, there will be no impact; your Permanent visa will still be in effect.
You may still be granted a Permanent Residency if your relationship ended before the grant of the Permanent Partner visa due to family violence, if you have children whom you both have custody or access rights to or if you are in the Second Stage of your Permanent Partner visa.
Read more: Changes in Partner Visa: Relationship Breakdown and Your Options
I understand my options now, but I am not confident in my ability to do it alone. What should I do?
ONEderland Consulting is here to support and guide you through the options after the refusal of your Partner Visa application process. We offer a range of services, including visa application assistance, document preparation, and representation in the AAT review process. Rest assured, we are here to assist you every step of the way.
We warmly invite you to contact our registered migration agent, Indah Melindasari. With over 10 years of experience in the migration field and a proven track record of successful visa applications, Indah is well-equipped to guide you through your concerns and provide expert advice.
Our consultation session is not just a conversation. It’s a promise. A promise backed by a 100% refund guarantee if you’re unsatisfied with our service. We are proud to share that we have a 98% success rate and are experts in handling complex cases. So, don’t hesitate to reach out to us. We’re here to help you.
Who Can Help Me With This Kind of Situation?
ONE derland Consulting has vast experience in dealing with overstay visa cases. Our success rate in winning refusal visas is second to none. You may speak to our Visa Specialists to understand your options for refusal solutions.
Please note that the purpose of this service is to discuss your visa options, your eligibility for each visa in Australia, and the consequences involved in overstaying your Australian visa.
We will also assist you in making the right decision on whether you should spend the time and money to proceed with the visa application onshore.
We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents 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 MARA.
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 through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
