Common Problems With Australian Partner Visa Applications
An Australian Partner visa application is about much more than proving that two people are in a relationship.
For many couples, the application process is relatively straightforward. For others, particular circumstances can make the application much more complicated or require additional evidence and explanation.
Problems can arise because of the history of the relationship, the couple's living arrangements, previous relationships, children, visa history, character issues or inconsistencies in information provided to the Department of Home Affairs.
Importantly, having one of these issues does not necessarily mean that a Partner visa application will fail. The significance of an issue will depend on the circumstances of the particular case and the evidence available.
This article looks at some of the more common problems that can arise in Australian Partner visa applications and explains why they may need to be considered carefully before an application is lodged.
If you are looking for a general overview of Australian Partner visas, including the different types of relationships that may qualify and how the Partner visa process works, see our guide: Australian Partner Visas: Understanding Spouse and De Facto Migration to Australia
1. Not Having Enough Evidence of the Relationship
One of the most common problems with Partner visa applications is not necessarily that the relationship is not genuine, but that the application does not provide enough evidence to demonstrate the relationship clearly.
A couple may know that they have a genuine and committed relationship, but the Department of Home Affairs does not have the benefit of that personal knowledge. It must assess the relationship based on the information and evidence provided.
Evidence may relate to areas such as:
• financial aspects of the relationship;
• the nature of the couple's household;
• social aspects of the relationship; and
• the nature of the couple's commitment to each other.
These are the four broad areas that the Department will usually consider when assessing the nature of a couple's relationship. However, they are not a rigid checklist, and the weight given to each area will depend on the circumstances of the particular relationship.
For example, one couple may have extensive joint financial evidence but relatively little evidence relating to their household arrangements. Another couple may have spent significant periods living apart because of work, visa or family circumstances. The absence of evidence in one particular area does not necessarily mean that the relationship will not be considered genuine.
The Department may also consider other relevant factors and evidence beyond these four areas, depending on the circumstances of the application. What is important is that the evidence provided allows the Department to understand the relationship as a whole and the circumstances in which the couple have lived their lives together.
There is no single document that proves a relationship is genuine. The strength of an application usually comes from the overall picture created by the evidence, rather than from one particular document.
This is particularly important where a couple has limited joint financial or household evidence, has spent significant periods apart or has only recently established their relationship.
2. Periods of Living Apart
Many couples assume that living apart will automatically create a problem for a Partner visa application.
That is not necessarily the case.
Couples may live apart for many legitimate reasons, including employment, study, immigration restrictions, family responsibilities or the fact that one partner has not yet been able to obtain a visa allowing them to live in Australia.
The important issue is to explain the circumstances properly and provide evidence showing how the relationship has continued during periods of separation. The nature and extent of that evidence will depend on the circumstances of the particular couple.
A period of separation should not simply be ignored. Where the couple has spent substantial periods apart, the application should explain the circumstances and demonstrate how the relationship has continued.
For more information about the requirement to live together in a de facto relationship, see our guide:
Do My Partner and I Need to Live Together to Prove a De Facto Relationship?
3. Recently Established Relationships
A relationship does not necessarily need to have existed for many years before a Partner visa application can be made.
However, a recently established relationship may mean that there is less documentary evidence available.
For example, a couple who have been together for several years may have extensive evidence of shared finances, household arrangements, travel, social activities and major life events.
A couple who have only recently commenced their relationship may naturally have much less evidence.
This does not mean that the newer relationship cannot succeed. It means that the application needs to carefully explain the history and development of the relationship and provide the evidence that is available.
Where the relationship is relatively new, it can be particularly important to ensure that the information provided by both partners is consistent and that the evidence supports the history described in the application.
4. Previous Marriages or Relationships
Previous relationships do not automatically prevent someone from obtaining an Australian Partner visa.
However, they can become relevant to the application.
This may be particularly important where a previous marriage has not yet been legally finalised, where there are children from a previous relationship, or where the current relationship began before the previous relationship formally ended.
The application should provide accurate information about relevant previous relationships and explain the circumstances where necessary.
A failure to properly disclose previous relationships can create much more serious problems than the existence of the previous relationship itself.
If your partner is still legally married to someone else, for example, the circumstances should be considered carefully before lodging a Partner visa application.
5. Children From Previous Relationships
Children can add another layer of complexity to a Partner visa application.
This may arise where the visa applicant has children from a previous relationship, where the children are not included in the application, or where questions arise about custody, parental responsibility or the other parent's circumstances.
There can also be additional considerations where a child is older or does not ordinarily live with the visa applicant.
It is important not to assume that a child can simply be added to an application without considering the relevant migration requirements.
The circumstances of each child should be assessed individually and the appropriate supporting documentation provided.
For a broader explanation of dependants and family members in Australian visa applications, see our guide:
Who Can Be Included in an Australian Visa Application? Understanding Dependents and Family Members
6. Inconsistencies in Previous Visa Applications
Another issue that can cause problems is inconsistency between the information provided in a Partner visa application and information previously provided to the Department of Home Affairs.
This might involve information about:
• previous relationships;
• dates of relationships;
• periods of residence;
• employment;
• travel history;
• family members; or
• other personal circumstances.
The Department may also consider information provided in previous visa applications, including applications for visitor visas. This can be particularly important where the circumstances or relationships were described differently in an earlier application.
For example, I have seen cases where a couple previously applied for a visitor visa to travel to Australia together and described each other as “friends”, when they are now applying for a Partner visa. There may be a perfectly reasonable explanation for the earlier description, but the difference in the information should not simply be overlooked.
Similarly, an applicant or sponsor may have previously applied for a visa in circumstances where another person was identified as a boyfriend, girlfriend, partner or spouse. These details can become relevant when a later Partner visa application provides different information about the applicant's or sponsor's relationship history.
An inconsistency does not necessarily mean that an application will fail.
People's circumstances change, and genuine mistakes can also occur in previous applications.
However, unexplained differences can raise questions about the accuracy or reliability of the information being provided.
Before lodging a Partner visa application, it is therefore sensible to review previous visa applications and information provided to the Department and identify anything that may require clarification. This can include previous visitor visa applications, even where those applications were made for an apparently straightforward purpose such as a holiday in Australia.
Where there is a genuine explanation for an apparent inconsistency, it is generally better to address it openly rather than leave the Department to identify it without an explanation. Even relatively minor differences in information can be worth addressing early, particularly where they relate to the history or nature of a relationship.
7. Uncertainty About Whether a Relationship Qualifies as De Facto
Some couples are unsure whether their relationship qualifies as de facto.
There is a common misconception that a couple must simply have lived together for a particular period before they can be considered de facto.
The assessment is more complicated than that.
The circumstances of the relationship as a whole are relevant, and living arrangements are only one aspect of the assessment.
Couples who have never lived together, or who have spent substantial periods living separately, may therefore need to carefully consider whether they satisfy the applicable requirements and how the relationship can be demonstrated. For more information, see Do My Partner and I Need to Live Together to Prove a De Facto Relationship?.
If you are unsure whether your relationship qualifies as de facto, obtaining advice before lodging an application can be particularly useful. If you would like to discuss your circumstances, you can contact me to discuss your options before deciding how to proceed
8. Applying Onshore or Offshore Without Considering the Consequences
The decision to apply for a Partner visa from Australia or outside Australia can have significant practical consequences.
The appropriate pathway may depend on the applicant's current visa, whether they are permitted to remain in Australia, their travel plans and their individual circumstances.
For an applicant already in Australia, it is particularly important to understand the conditions attached to their current visa and what may happen while a Partner visa application is being processed.
Applying onshore is not automatically better than applying offshore, and applying offshore is not automatically the faster or easier option.
The appropriate approach depends on the circumstances of the particular couple.
For a detailed discussion of this issue, see:
Onshore or Offshore Partner Visa: Which Australian Partner Visa Is Right for Me?
9. Character or Criminal Record Issues
Character issues can require particularly careful consideration.
A criminal record does not automatically mean that a Partner visa application will be refused. However, the character requirements under Australian migration law can be complex, and the nature and circumstances of any criminal history may be relevant.
Applicants may also need to provide police certificates and other information concerning their character.
If there is a significant criminal history, previous visa cancellation or refusal, or another matter that may raise character concerns, it is sensible to obtain advice before lodging the application.
It is generally much better to identify and address a potential character issue before an application is submitted than to discover the issue later in the processing of the visa.
For more information, see our guide:
Australian Visa Character Requirements: Understanding the Character Test
10. Failing to Explain Unusual Circumstances
Not every Partner visa application will look like a conventional relationship.
Some couples may have unusual living arrangements, significant age differences, long periods apart, limited joint finances, different cultural backgrounds, previous marriages or other circumstances that require explanation.
An unusual circumstance is not necessarily a problem.
The problem can arise when the application contains circumstances that appear unusual but does not explain them clearly.
A well-prepared application should not simply provide documents without context. Where something about the couple's circumstances may raise a reasonable question, the application should explain the circumstances and identify the evidence that supports the explanation.
It is also important not to fall into the trap of trying to present a relationship as perfect.
In my experience, I sometimes see couples who feel that they need to present an idealised version of their relationship. Their account can sound almost like a fairytale, with everything having been perfect from the beginning and no disagreements, difficulties or periods of uncertainty.
But the purpose of a Partner visa application is to demonstrate that the relationship is genuine and continuing, not that it is perfect.
Real relationships can involve disagreements, periods of separation, difficulties or even periods where the relationship has broken down and later been reconciled. These circumstances do not necessarily prevent a Partner visa application from receiving a positive assessment.
In some cases, being open about difficulties in a relationship, and explaining how the couple dealt with those difficulties and subsequently continued their relationship, can provide a more credible and complete picture of the relationship than attempting to present everything as perfect.
The aim is not to create the appearance of a perfect relationship. It is to provide the Department with a clear, honest and consistent account of the relationship and the circumstances in which it has developed.
A Problem Does Not Necessarily Mean Your Partner Visa Application Will Fail
One of the most important points to understand is that a potential problem is not necessarily a reason not to apply.
Partner visa applications are assessed according to the circumstances of the individual applicant and relationship.
A couple may have periods of separation, limited documentary evidence, previous relationships or other complications and still be able to establish that they satisfy the relevant requirements.
What matters is understanding the issue, identifying what evidence is available and dealing with the circumstances honestly and carefully.
In some cases, this may simply mean providing additional evidence. In others, it may mean providing a detailed explanation or obtaining professional advice before lodging the application.
When Should You Get Advice?
You do not necessarily need to wait until you are ready to lodge a Partner visa application before obtaining advice.
If you already know that your circumstances are unusual or potentially complicated, or you are simply uncertain about how the Partner visa process applies to your circumstances, obtaining advice early can give you an opportunity to identify potential issues and consider how they can be addressed before the application is lodged.
This can be particularly useful where:
• you have spent substantial periods apart;
• your relationship is relatively new;
• either partner has previous marriages or relationships;
• there are children from previous relationships;
• information in previous visa applications may be inconsistent;
• there are character or criminal record concerns;
• the applicant is already in Australia on another visa; or
• you are uncertain whether your relationship satisfies the relevant requirements.
Early advice may also help you understand what evidence to keep as your relationship develops.
How Graham-Nguyen & Associates Can Help
At Graham-Nguyen & Associates, we look at the circumstances of the relationship as a whole rather than simply working through a checklist of documents.
This includes identifying potential issues before an application is lodged, considering the evidence available to support the relationship, identifying gaps that may need to be addressed and helping prepare a clear and consistent application.
Based in Singapore, Graham-Nguyen & Associates assists clients with Australian Partner visa applications in Australia and throughout South-East Asia, India and Pakistan, as well as clients across North America, Africa and Europe.
All migration matters are personally managed by Andrew Graham, Registered Australian Migration Agent (MARN 1067354). Your matter is not outsourced to another migration agent, unregistered adviser or external party.
If you are concerned that something about your circumstances could make your Partner visa application more complicated, it is often better to identify the issue before lodging the application.
Contact Graham-Nguyen & Associates to arrange a consultation →
