Below is an illustration of just some of many assumptions couples make when considering to lodge their Partner visa application.
“Being married is enough”
It is common for couples to assume that being legally married is enough to meet the Partner visa requirements. However, the Department is not likely going to be satisfied with the application merely on the basis of being validly married as they need to be satisfied that your relationship is genuine and continuing.
“We are expecting a baby”
Whilst the interests of the child is paramount in the Australian legal system, being merely pregnant does not mean that you automatically meet the Partner visa criteria. The Department needs to be satisfied that you have been in a de facto relationship for a period of 12 months before lodging your Partner visa application unless your relationship is registered or compelling circumstances exist.
“We have been together for many years”
This is a common assumption made by couples that if they have been together for many years and have stated that in their application and supplied some documents, that the Partner visa application should be a smooth and easy process. We certainly understand where they are coming from, however, unfortunately that is not the case. The Department needs to assess each application against the relevant criteria and needs to see sufficient evidence surrounding your financial, social, household and mutual commitment aspects of your relationship.
“The Department will let me know if they need any further information from me”
Whilst the Department can issue you a request for further information, they are not obliged to do so. It is therefore imperative that your application contains all of the required information and evidence to increase the prospects of your application being successful.
“We have been dating for years, therefore we meet the Partner visa criteria”
In order to be eligible for a Partner visa, you need to be in a de facto or spousal relationship at the time of the application. Accordingly, merely dating is not enough as you are required to be living together as a couple for at least 12 months before lodging your application (unless exemptions apply). You will also need to meet other requirements.
The Partner visa application is comprehensive and complex. It entails a number of requirements that need to be met in order to obtain a positive outcome. It is therefore not surprising that there are so many misconceptions and confusion surrounding the application process.
For this reason, it is always recommended to obtain professional advice so that you have a clear idea of the process and prospects of achieving the desired outcome.