This is a common occurrence as the requirements to prove a relationship is genuine and continuing are stringent and subject to a number of conditions.
When applying for (temporary) Partner or Spouse visa, you must provide enough evidence to prove your relationship is genuine and continuing. This means that you need to have sufficient evidence to prove that you and your partner have mutual commitments in the aspects of financial, social, nature of household and nature of your commitment.
In a recent case, our Migration team were able to assist a client with their Permanent Partner visa subclass 801 application where the Sponsor (husband) was unsuccessful in providing clear evidence to the Department of Home Affairs in a telephone interview about key dates between the Sponsor and his wife. The Sponsor was unsure of certain dates and this was in both the telephone interview and the paperwork submitted for the visa for his wife.
Another obstacle was that due to his wife’s occupation, she regularly travelled therefore a significant part of their relationship was conducted via long distance – this can be common in executive type roles, or in roles such as aid work, media, engineering etc where there travel is a requirement of the occupation.
As a result of the Department of Home Affairs deeming their relationship not genuine, the Sponsor received a letter of natural justice giving them 28 days’ to show cause before the wife’s temporary partner visa would be cancelled.
Crouch & Lyndon Lawyers provided strong evidence with a detailed submission to explain that the circumstances where the husband made the incorrect statements were compounded by many factors and despite the incorrect information provided, the husband and the wife are in a genuine and continuing relationship.
The husband and the wife were thrilled to have received the grant letter and they went out to celebrate the granting of their Partner visa immediately.
This is a common scenario for many couples when applying for a Partner or Spouse visa so it is important that with your application, you seek the advice of a Registered Migration agent and/or a Migration Lawyer.
Our Migration Team at Crouch & Lyndon are both Migration Lawyers and Registered Migration Agents and are willing to assist you with your migration queries. We pride ourselves on our high success rates for Partner and Spouse visas. While we do not guarantee you will be approved, we ensure all information and advice provided is accurate and in accordance with Australia’s migration laws.
Call us on 07 3221 2527 to book an appointment to discuss your Spouse or Partner visa application.