Bharat SainiLast Updated on February 15, 2021 by Bharat Saini
Many mistakes are made when applying for a Partner Visa which could be avoided and has cost them success. We explore these common mistakes and what you can do to prevent them.
- Don’t rush into it.
We get it, you both want to start living your life together now so tend to try and “speed things” up when lodging for a Partner Visa. There may be the thought that the relationship isn’t genuine if you speed things up, or that the Visa will be refused. While this isn’t the case, it is more than likely if you weren’t relying on a Visa as a couple, you would be taking the relationship more slowly.
It’s not uncommon to see couples rushing through steps in their relationship – moving in together, getting married or applying for a Partner Visa. Due to the rush, it is often later regretted because the relationship was still in its early stages, but the rush was initiated because it was better for the Visa application.
We understand this isn’t the case for everyone. If your relationship is stable, then go for it, however, if you are uncertain and feel like it’s too soon take a bit of time to develop the relationship and think over this step a little longer.
- Last-minute application lodgements
Unlike the rush in point one, some people leave their lodgements until the last minute, like the last possible day to apply. However, if you have a registered agent assisting you with the task, they will ensure it gets in on time with little worry to you. If going through the motions yourself, the rush and the stress that comes with, it can lead to mistakes. It’s highly recommended that you never leave this application to the last minute.
A Visa application requires documents that your Migration Agent will need to check, so leaving this to the last minute is not ideal. Relevant deadlines must be met, particularly before a current Visa expires.
- Registration of your relationship
When applying for a Partner Visa in Australia, part of the process is being able to give evidence of whether you are in a married or de-facto relationship. As per Australian law, a de-facto relationship is when a couple has registered their relationship in one of Australia’s States or Territories or have lived together as a couple for 12 months.
It’s essential to note that you do not need to register your relationship if you have lived together for at least 12 months. Although you may want to, you are not required to do so per Visa requirements.
- Concerned you don’t qualify for a Partner Visa because there is no lease agreement without the couple’s names on it
In regards to where you live, there is no checklist your relationship has to follow. The Australian Government recognised that couples live in various situations – Flatmates, parents, or own property. Therefore, there doesn’t have to be a lease agreement. The only important aspect is that you have actually lived together and some documents can show evidence of this – utility bills is just one way to clarify this.
- The Sponsorship component has failed to be lodged
This point is one reason why it isn’t ideal for leaving applications to the last minute. There are 2 parts that need to be lodged as part of your application, and when the Sponsorship component is overlooked and left to the last minute, this is when Visas are often refused.
We strongly recommend NOT forgetting this part of the application because if the Visa is refused, your costly application fee won’t be refunded by the Department of Immigration. Other consequences result from this refusal, such as losing the right to work within Australia or leaving the country.
- “Automatic” cancellation of your previous Visa
It is misunderstood that when an application is lodged for a Partner Visa, the current Visa is still valid until its expiry date. Due to this, you must continue to follow and adhere to these conditions. As an example, say you have student Visa. You will still be required to continue with your schooling and pay the relevant fees. Occasionally there are ways to work around this, but you must consult a Registered Agent as it is quite the complex issue.
A Bridging Visa will only come into effect, only when your current Visa expires and only if you have already applied for a Partner Visa. Generally, with a Bridging Visa, you are given full rights.
- Going through the process alone
When going through this whole long process of, each step below is crucial and will impact the result of your application:
- Understanding all the requirements;
- Organising documents;
- Providing accurate evidence, and
- Applying for a Partner Visa.
As one of the most expensive visas to apply for in Australia, you don’t want to get it refused, which is why we don’t recommend doing it alone but seeking the help of an experienced Registered Migration Agent. Their role is to guide you through, having experienced working with thousands of applicants, they know the best strategy for you moving forward. Talk to a migration lawyer in Australia today.
Our team would love to be part of your journey, so ask us how.
