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PARTNER VISAS – A COMMON TRAP IN EVIDENTIARY REQUIREMENTS FOR A ‘GENUINE AND CONTINUING RELATIONSHIP’

The most important part of any Partner Visa application is meeting the evidentiary requirements under the Migration Regulation 1.09A.

The bulk of a Partner Visa application is in the quality of the evidence provided by an applicant, and sponsor, in support of an application.

It is not uncommon to see refused applications, where the applicant and sponsor have filled in the relevant forms themselves and attached little evidence of:

  • the nature of the person’s commitment to each other
  • the nature of household
  • social aspects of the relationship
  • financial aspects of the relationship

Being legally married or in a long term de facto relationship, by itself, is not conclusive proof.

The evidence must show: genuine, continuing and mutually exclusive commitment to a shared life together on the part of the applicant and sponsor, irrespective of their particular circumstances. The wider the variety of the evidence the better: statements, statutory declarations, legal, property, and financial records, phone and social media records, social recognition of your of your partnership (by others), travel itineraries together, passport stamps are often used. The dates of the records must match the duration period of the claimed relationship. Records that show only the previous three months, before lodgement, are not a convincing as ones that cover twelve to eighteen months before lodgement. A range of documents covering the whole period of the claimed relationship is desirable, especially where the couple may be temporarily living apart.

The expense of appealing to the Migration Review Tribunal, gathering additional evidence, and stress after visa refusal, can easily be avoided by engaging a specialist partner registered migration agent in the first place.

Many couples due to personal circumstances cannot always show 12 months (continuing) living together. A registered migration agent can often provide a submission or option to overcome this.

Each couple’s circumstances are usually quite different, so a tailored application is essential for a successful outcome.

We are well placed to be your Migration partner, no matter what kind of Visa you require. Complete our contact me form and we will be in touch to discuss our services and your specific needs.

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