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Partner visa refused

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If anyone can help me on this matter please reply.

I got a letter from department yesterday that my partner visa is refused cus for them its not genuine after 2 years and 4 months. 2 weeks ago they ask my to go for a medical and police reports. 

I will attach the copy of the letter that they sent to me. I want to know why they didn't look into my documents properly. This is a very genuine relationship. They didn't even call for an  interview.

Im so depressed about  this situation.

Information and evidence considered

I am a delegated decision maker under Section 65 of the Migration Act 1958. In reaching my decision I have considered the following:

  •   relevant legislation contained in the Migration Act and the Migration Regulations 1994 (the Regulations)

  •   information contained in the Department’s Procedural Instructions

  •   all documents and information provided by the applicant(s).

    Findings

    From all the information available to me, including the documents and information provided, I find that the criteria for the grant of a Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) visa are not met.

    Reasons and Decisions

    I have assessed the application and the reasons for my decision are detailed below.

    Under migration law, an application is made for a class of visa and your application must be considered against the criteria for all subclasses within that visa class.

    There are two visas that you have applied for and each of those visas has only one subclass:

  •   Partner (Temporary) (Class UK) Subclass 820;

  •   Partner (Residence) (Class BS) Subclass 801.

    As (primary) applicant you must, at time of application, satisfy clause 820.211 by meeting the requirements of at least one of subclauses (2), (5), (6), (7), (8), or (9)

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I have considered subclauses (5), (6), (7), (8), and (9) of clause 820.211, and I find that your circumstances do not fall within those provisions. I therefore find that you do not satisfy any of them.

I have assessed your application under Subclause (2) of clause 820.211. Subclause (2) requires you are, at time of application, the spouse or de facto partner of the sponsoring spouse. The definition of spouse and de facto partner is given in section 5F and 5CB respectively and is shown in the attachment.

As you are in a married relationship with the sponsor, you do not meet the definition of de facto partner under section 5CB, and therefore I must be satisfied that you are the spouse of the sponsor. In summary, section 5F states that the visa applicant and sponsor must have a mutual commitment to a shared life, a genuine and continuing relationship, and live together or not live separately and apart on a permanent basis. Regulation 1.15A makes provisions for determining whether the conditions of section 5F exist. These provisions include:

  •   the financial aspects of the relationship;

  •   the nature of the household;

  •   the social aspects of the relationship; and

  •   the nature of the persons' commitment to each other.

    On 13/01/2020, you were provided with procedural fairness and requested to provide evidence of your relationship with your sponsor.

    To date, you have provided the following evidence to demonstrate that you are the spouse or the de facto partner of a person who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen:

 Marriage certificate, bank statement, evidence of travel, photos, form 888’s

Financial Aspects
In assessing the financial aspects of the relationship, I have considered your financial arrangements with your sponsor such as joint ownership of assets, the extent to which you have pooled your financial resources, any legal obligations or joint liabilities each of you has to the other and the general sharing of household expenses.

You and your sponsor have provided a joint bank account statement for the period 03/04/2019 to 24/04/2019. This statement has transactions listed including a salary paid into this account but I am not satisfied that it shows it is used regularly by both you and your sponsor. I give this evidence little weight to you and your sponsor combining your finances and it is also noted only 3 weeks of transactions have been provided.

I am not satisfied that at the time of application, you and your sponsoring partner had any joint assets, had made any joint purchases, or that you shared any past, current or ongoing financial responsibilities.

Nature of the Household
In assessing the genuine and continuing nature of the relationship, I have considered your living arrangements such as shared living spaces and your daily routine.

You and your sponsor have provided a joint bank account statement for the period 03/04/2019 to 24/04/2019 which lists the address XXXXXXXXXXXXXXX. No other evidence has been provided to show that either you or your sponsor reside at this address therefore I give this little weight to showing you and your sponsor reside together as a couple.

As you and your sponsor applied on spouse grounds, you must establish that you live together as a committed couple or not apart on a permanent basis at time of visa application lodgement. After

Page 2 of 45

considering all information provided I am not satisfied that you had both established a shared household, with shared responsibilities for the running of the household at time of application lodgement, which was 15/11/2017.

Social Aspects
In assessing the social aspects of the relationship, I have considered your social interactions such as the way you and your sponsor represent your relationship to others and the level of recognition of your relationship by friends and family.

You and your sponsor have provided photos taken of yourselves with each other, and with family and friends. Also provided is evidence of joint travel from 08/12/2017 to 06/01/2018. While this evidence shows that you and your sponsor have undertaken some social activities, have met each other’s friends and families, and have travelled together, I am not satisfied that it is sufficient evidence of a committed spouse relationship.

You and your sponsor have provided two form 888 statutory declarations from friends and family. Both declarations confirm that they have contact with you and your sponsor. They have also given reasons as to why they believe your relationship is genuine and continuing, therefore I am satisfied this evidence shows that you represent yourselves as a couple to your friends and family. I give these statements some weight.

You have provided some evidence of the social aspects of your relationship. However, there is no convincing evidence that at the time of application lodgement, you presented yourselves as spouses to family or the wider community, that you had attended any significant events together or that you belonged to any organisations or groups.

Nature of the Persons’ Commitment to each other
In assessing the nature of your commitment to each other, I have considered the circumstances of your meeting, relationship development, length of time you have lived together, the degree of companionship and emotional support that you draw from each other and whether you see the relationship as a long-term one.

In the electronic application form you claim to have met your sponsor on 05/06/2006 and were married on 06/11/2017. I accept that you and your sponsor are lawfully married as you have provided a marriage certificate. However, you have not provided any other evidence of mutual obligation, companionship, emotional support and long term planning - typical elements of a marriage.

After assessment of all the information provided I am not satisfied that you have demonstrated that you see the relationship as a long-term one, that you draw emotional support and companionship from each other or that you have a commitment to a shared life together.

Conclusion

I have considered all the evidence and information you have provided in relation to the matters prescribed under regulations 1.15A and 1.09A, and consider that it is not sufficient to demonstrate that you are the spouse or de facto partner of the sponsor, as defined under section 5F and 5CB of the Migration Act.

Decision – Partner (Temporary) (Class UK) (Subclass 820) visa

As you do not meet the definition of spouse or de facto partner under section 5F or 5CB of the Migration Act I am therefore not satisfied that you meet subclause 820.211(2)(a) of the Migration Regulations. Consequently, you do not meet clause 820.211, which is a criterion that must be satisfied by you at the time of application.

I therefore refuse your application for a Partner (Temporary) (Class UK) visa.

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As your Partner (Temporary) (Class UK) (Subclass 820) visa has been refused, you are not the holder of a Subclass 820 visa. Therefore, you do not meet the requirements of subclauses 801.221(2), (2A), (3), (4), (5) or (6).

Further, you are not a person who has held a Subclass 820 visa that ceased on notification of a decision of the Minister to refuse you a Subclass 801, in circumstances where the refusal decision was reviewed by the Tribunal and remitted to the Minister for reconsideration, and where you have been assessed as meeting the criteria for the grant of a Subclass 801 visa apart from the criterion requiring you to hold a Subclass 820 visa. Therefore, you do not meet the requirements of subclause 801.221(8).

As you fail to satisfy the requirements of any of subclauses 801.221 (2), (2A), (3), (4), (5), (6) or (8), you therefore fail to satisfy the requirements of clause 801.221.

As you do not meet clause 801.221, I have not assessed whether you meet the remaining criteria for the grant of a Subclass 801 visa because it is unnecessary for me to do so.

Decision for Partner (Residence) (Class BS) (Subclass 801)

As you do not meet clause 801.22, I find that you do not meet the criteria for a Partner (Residence) (Class BS) (Subclass 801) visa. Therefore, I refuse your application for a Partner (Residence) (Class BS) (Subclass 801) visa.

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35 minutes ago, HHHDDDD said:

If anyone can help me on this matter please reply.

I got a letter from department yesterday that my partner visa is refused cus for them its not genuine after 2 years and 4 months. 2 weeks ago they ask my to go for a medical and police reports. 

I will attach the copy of the letter that they sent to me. I want to know why they didn't look into my documents properly. This is a very genuine relationship. They didn't even call for an  interview.

Im so depressed about  this situation.

Information and evidence considered

I am a delegated decision maker under Section 65 of the Migration Act 1958. In reaching my decision I have considered the following:

  •   relevant legislation contained in the Migration Act and the Migration Regulations 1994 (the Regulations)

  •   information contained in the Department’s Procedural Instructions

  •   all documents and information provided by the applicant(s).

    Findings

    From all the information available to me, including the documents and information provided, I find that the criteria for the grant of a Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) visa are not met.

    Reasons and Decisions

    I have assessed the application and the reasons for my decision are detailed below.

    Under migration law, an application is made for a class of visa and your application must be considered against the criteria for all subclasses within that visa class.

    There are two visas that you have applied for and each of those visas has only one subclass:

  •   Partner (Temporary) (Class UK) Subclass 820;

  •   Partner (Residence) (Class BS) Subclass 801.

    As (primary) applicant you must, at time of application, satisfy clause 820.211 by meeting the requirements of at least one of subclauses (2), (5), (6), (7), (8), or (9)

Page 1 of 45

I have considered subclauses (5), (6), (7), (8), and (9) of clause 820.211, and I find that your circumstances do not fall within those provisions. I therefore find that you do not satisfy any of them.

I have assessed your application under Subclause (2) of clause 820.211. Subclause (2) requires you are, at time of application, the spouse or de facto partner of the sponsoring spouse. The definition of spouse and de facto partner is given in section 5F and 5CB respectively and is shown in the attachment.

As you are in a married relationship with the sponsor, you do not meet the definition of de facto partner under section 5CB, and therefore I must be satisfied that you are the spouse of the sponsor. In summary, section 5F states that the visa applicant and sponsor must have a mutual commitment to a shared life, a genuine and continuing relationship, and live together or not live separately and apart on a permanent basis. Regulation 1.15A makes provisions for determining whether the conditions of section 5F exist. These provisions include:

  •   the financial aspects of the relationship;

  •   the nature of the household;

  •   the social aspects of the relationship; and

  •   the nature of the persons' commitment to each other.

    On 13/01/2020, you were provided with procedural fairness and requested to provide evidence of your relationship with your sponsor.

    To date, you have provided the following evidence to demonstrate that you are the spouse or the de facto partner of a person who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen:

 Marriage certificate, bank statement, evidence of travel, photos, form 888’s

Financial Aspects
In assessing the financial aspects of the relationship, I have considered your financial arrangements with your sponsor such as joint ownership of assets, the extent to which you have pooled your financial resources, any legal obligations or joint liabilities each of you has to the other and the general sharing of household expenses.

You and your sponsor have provided a joint bank account statement for the period 03/04/2019 to 24/04/2019. This statement has transactions listed including a salary paid into this account but I am not satisfied that it shows it is used regularly by both you and your sponsor. I give this evidence little weight to you and your sponsor combining your finances and it is also noted only 3 weeks of transactions have been provided.

I am not satisfied that at the time of application, you and your sponsoring partner had any joint assets, had made any joint purchases, or that you shared any past, current or ongoing financial responsibilities.

Nature of the Household
In assessing the genuine and continuing nature of the relationship, I have considered your living arrangements such as shared living spaces and your daily routine.

You and your sponsor have provided a joint bank account statement for the period 03/04/2019 to 24/04/2019 which lists the address XXXXXXXXXXXXXXX. No other evidence has been provided to show that either you or your sponsor reside at this address therefore I give this little weight to showing you and your sponsor reside together as a couple.

As you and your sponsor applied on spouse grounds, you must establish that you live together as a committed couple or not apart on a permanent basis at time of visa application lodgement. After

Page 2 of 45

considering all information provided I am not satisfied that you had both established a shared household, with shared responsibilities for the running of the household at time of application lodgement, which was 15/11/2017.

Social Aspects
In assessing the social aspects of the relationship, I have considered your social interactions such as the way you and your sponsor represent your relationship to others and the level of recognition of your relationship by friends and family.

You and your sponsor have provided photos taken of yourselves with each other, and with family and friends. Also provided is evidence of joint travel from 08/12/2017 to 06/01/2018. While this evidence shows that you and your sponsor have undertaken some social activities, have met each other’s friends and families, and have travelled together, I am not satisfied that it is sufficient evidence of a committed spouse relationship.

You and your sponsor have provided two form 888 statutory declarations from friends and family. Both declarations confirm that they have contact with you and your sponsor. They have also given reasons as to why they believe your relationship is genuine and continuing, therefore I am satisfied this evidence shows that you represent yourselves as a couple to your friends and family. I give these statements some weight.

You have provided some evidence of the social aspects of your relationship. However, there is no convincing evidence that at the time of application lodgement, you presented yourselves as spouses to family or the wider community, that you had attended any significant events together or that you belonged to any organisations or groups.

Nature of the Persons’ Commitment to each other
In assessing the nature of your commitment to each other, I have considered the circumstances of your meeting, relationship development, length of time you have lived together, the degree of companionship and emotional support that you draw from each other and whether you see the relationship as a long-term one.

In the electronic application form you claim to have met your sponsor on 05/06/2006 and were married on 06/11/2017. I accept that you and your sponsor are lawfully married as you have provided a marriage certificate. However, you have not provided any other evidence of mutual obligation, companionship, emotional support and long term planning - typical elements of a marriage.

After assessment of all the information provided I am not satisfied that you have demonstrated that you see the relationship as a long-term one, that you draw emotional support and companionship from each other or that you have a commitment to a shared life together.

Conclusion

I have considered all the evidence and information you have provided in relation to the matters prescribed under regulations 1.15A and 1.09A, and consider that it is not sufficient to demonstrate that you are the spouse or de facto partner of the sponsor, as defined under section 5F and 5CB of the Migration Act.

Decision – Partner (Temporary) (Class UK) (Subclass 820) visa

As you do not meet the definition of spouse or de facto partner under section 5F or 5CB of the Migration Act I am therefore not satisfied that you meet subclause 820.211(2)(a) of the Migration Regulations. Consequently, you do not meet clause 820.211, which is a criterion that must be satisfied by you at the time of application.

I therefore refuse your application for a Partner (Temporary) (Class UK) visa.

Page 3 of 45

As your Partner (Temporary) (Class UK) (Subclass 820) visa has been refused, you are not the holder of a Subclass 820 visa. Therefore, you do not meet the requirements of subclauses 801.221(2), (2A), (3), (4), (5) or (6).

Further, you are not a person who has held a Subclass 820 visa that ceased on notification of a decision of the Minister to refuse you a Subclass 801, in circumstances where the refusal decision was reviewed by the Tribunal and remitted to the Minister for reconsideration, and where you have been assessed as meeting the criteria for the grant of a Subclass 801 visa apart from the criterion requiring you to hold a Subclass 820 visa. Therefore, you do not meet the requirements of subclause 801.221(8).

As you fail to satisfy the requirements of any of subclauses 801.221 (2), (2A), (3), (4), (5), (6) or (8), you therefore fail to satisfy the requirements of clause 801.221.

As you do not meet clause 801.221, I have not assessed whether you meet the remaining criteria for the grant of a Subclass 801 visa because it is unnecessary for me to do so.

Decision for Partner (Residence) (Class BS) (Subclass 801)

As you do not meet clause 801.22, I find that you do not meet the criteria for a Partner (Residence) (Class BS) (Subclass 801) visa. Therefore, I refuse your application for a Partner (Residence) (Class BS) (Subclass 801) visa.

When you say they didn't look at your documents properly could you give an example. 

Such as the financial aspect what evidence did you provide there? Without knowing what evidence it's virtually impossible for anyone to comment much. From what you have put and what's in the letter most of the evidence is from after you applied is that correct? 

You can appeal but based on the information provided you would need a registered agent's help. 

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yes i applied through a registered agent. Time to time agent asked me evidence so I submitted everything. 
1. visa officer mentioned that me and my wife not use the joint bank account regular basis. But everyday there is a transition. Her name ia clearly on the statement 3 times. She put money to pay me for the roller shutters. 
2. We dont have any joint properties. We tried to get a house talk with the bank but no bank give me a loan cus of my bridging visa. On the stat dec we mention that too. 
And she bought me a car under her name for me cus I couldn’t get a car loan. 
all car insurance and house content insurance are under both names. 
sent pictures with the family her family cus her parents living 5 mins away from where we live. 

only option i have is appeal 

what went wrong in here. 
pls advice me

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5 minutes ago, HHHDDDD said:

yes i applied through a registered agent. Time to time agent asked me evidence so I submitted everything. 
1. visa officer mentioned that me and my wife not use the joint bank account regular basis. But everyday there is a transition. Her name ia clearly on the statement 3 times. She put money to pay me for the roller shutters. 
2. We dont have any joint properties. We tried to get a house talk with the bank but no bank give me a loan cus of my bridging visa. On the stat dec we mention that too. 
And she bought me a car under her name for me cus I couldn’t get a car loan. 
all car insurance and house content insurance are under both names. 
sent pictures with the family her family cus her parents living 5 mins away from where we live. 

only option i have is appeal 

what went wrong in here. 
pls advice me

Were they correct in saying the evidence provided was after you applied and not from before? Was it only the 1 statement that you provided? 

Was your agent registered? 

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When i apply for visa i provided evidence like wedding pictures, pictures the we travel together, pictures with family and friends in my country. We attended 2 weddings in my country so those pictures. 
Again agent asked me for stat decs and more evidence. So her father gave one stat dec for me and her close frd gave a stat dec to her. Then again we sent pictures like her mom birthday party and some travel pictures. 
bank state i sent only 1. But its a moving bank statement even a balance forward and its the statement #12.  Agent didnt say anything about the statement or its not enough. 
yes the agent is a registered agent for migrations

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3 minutes ago, HHHDDDD said:

When i apply for visa i provided evidence like wedding pictures, pictures the we travel together, pictures with family and friends in my country. We attended 2 weddings in my country so those pictures. 
Again agent asked me for stat decs and more evidence. So her father gave one stat dec for me and her close frd gave a stat dec to her. Then again we sent pictures like her mom birthday party and some travel pictures. 
bank state i sent only 1. But its a moving bank statement even a balance forward and its the statement #12.  Agent didnt say anything about the statement or its not enough. 
yes the agent is a registered agent for migrations

With the partner visa as the letter said you need to meet the criteria at the time of lodging.  So the bulk of your evidence should be provided from before you apply. 

That just one 20 day statement doesn't prove anything.  Just because it's the 12 statement of the account doesn't mean it gets used.  You could of also shown each other beneficiaries on super statements, if you were included as a second driver of the car insurance. But again that would of had to of been before you applied. 

Sounds like you were just trying to rely on photos and statements most of which were after you lodged the visa and only really around the social aspect. I would of been surprised if it was successful.

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What should i do now. Agent should tell us what to give and check the evidence i provided. If its not enough agent should ask for me. Anyway its refused now. Do i get this approv in the tribunal?   With more and more evidence. 

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On 2/14/2020 at 9:58 PM, HHHDDDD said:

What should i do now. Agent should tell us what to give and check the evidence i provided. If its not enough agent should ask for me. Anyway its refused now. Do i get this approv in the tribunal?   With more and more evidence. 

AAT is your only option. 

If you feel you were incorrectly advised by the agent you can lodge a complaint

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I already put a complaint against the decision. If they want to refuse my visa why did they ask me to take a health check and police clearances. Im so confused. I spent almost $500 for these reports. Its so unfair. 

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On 2/14/2020 at 8:53 PM, Aussie_83 said:

With the partner visa as the letter said you need to meet the criteria at the time of lodging.  So the bulk of your evidence should be provided from before you apply. 

If all criteria must be meet at time of lodgement how much actual weight is given to documents uploaded later on?

We applied in June 2019 and our agent recently requested we send them any updates or documents in evidence of our relationship so these could be uploaded to our application. New documents I will be submitting show our commitment is ongoing such as the signing of a new lease in both our names and newly opened utility accounts in both our names. Am I to believe these new documents would hold very little weight?

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If your partner visa is rejected their might be different reason for the same. Although you have provided the police Clarence certificate but still they must be lacking of some other requirements. You can appeal for the same but can not change their decision.


Australian Immigration Consutants

Fast Way to Get Approved Australia PR Visa

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On 3/3/2020 at 5:35 PM, 2jzrz said:

Am I to believe these new documents would hold very little weight?

They would hold weight weight in as much as proving that the relationship is ongoing.


Visa: PMV Subclass 300, Lodged: Mid Apr 2019, Medicals: Cleared, Status: Further processing

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Wow, from what I read in the letter from the department you gave a very weak application. I am not a migration agent, but even I could see you needed more than that. Can I ask you how much did the agent charge? did they offer any money back since in reality they should either advised you to get more evidence before you applied or give more evidence. 

I feel for you, I know the cost of these applications. My partner and I couldn't afford to get rejected we used our lives savings to pay for her visa. We are still waiting for ours to come through. I hope you can get it re looked at.

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