What is Considered a 'Complex' Partner Visa?
Applying for an Australian Partner Visa (Subclass 820/309 and 801/100)? Yet, you have some worries that your background or immigration history may complicate the Partner Visa process. A complex partner visa in Australia arises when the application presents additional challenges beyond the standard requirements. There are several factors that can contribute to this complexity, requiring careful preparation and a thorough understanding of migration laws.
What Factors Can Contribute to a Complex Partner Visa Application?
If the applicant made a mistake or provided incorrect information in prior visa applications, has a history of visa refusals or cancellations, or simply if the applicant holds a bridging visa, it can significantly complicate a partner visa application.
Separately, if the partner visa sponsor has sponsored multiple partners in the past or has obtained permanent residence (PR) or citizenship through the Partner Visa process, then sponsoring a new partner can increase the complexity of the matter.
Partner visa applicants in Australia who hold a bridging visa or are unlawful non-citizens must meet Schedule 3 criteria. They will have to demonstrate their lack of a substantive visa is due to factors beyond their control and that compelling reasons exist for granting the visa.
If the applicant’s previous visa had a ‘no further stay’ (8503) condition, it generally prevents them from applying for another visa while in Australia, adding complexity to their application.
One main requirement for a Partner visa is to show that the relationship between the sponsor and applicant is genuine and ongoing. Hence, insufficient or inadequate evidence to demonstrate that can lead to a visa refusal. Providing a marriage certificate alone is not sufficient, as the sponsor and applicant are required to showcase their relationship through the four pillars framework.
Another requirement the couple should meet is being in a relationship for at least 12 months. If you are in a new relationship and have yet to meet for 12 months, speak with an immigration lawyer for assistance.
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How Can Agape Henry Crux Assist
At AHC Lawyers, even complex cases can be successful with careful planning and an in-depth understanding of migration laws. We highly suggest that you speak with one of our Accredited Specialists in Immigration Law for tailored advice to understand the visa framework and potential risks that may occur for a less stressful process. They specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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