De facto Visa Tips – Avoid A De facto Visa Refusal
De facto Visa Tips for Refusal
Looking to avoid a De facto Visa refusal?
Here I’ll share with you the top reasons why your Australian Partner visa (de facto visa) application will get refused (arghhhh!) and what approach you should take:
Are you applying for a De facto visa?
Most people think that not having enough of a pile of documents showing joint names and “couple” photos with friends and family for a 12 month period is why they’ll get refused, right? Wrong. It’s not the quantity of material. Rather, its the compelling and corroborative value of the documents provided.
The de facto visa seeking couples I’ve helped in the last 20 years haven’t rushed out on the very first day of their new relationship to set up new bank accounts. They haven’t rushed to execute will naming each other as beneficiaries.
Realistically, you’d only rush to do these sort of things if your most important goal was getting a visa. Chances are that in such a case your de facto visa application isn’t that legitimate, hey?
Is your de facto visa application primarily facilitating your immigration goal? If your documents suggest this, then you are on the wrong track.
De facto Visa Refusal
If your relationship is genuine, you are far more likely to get refused on a visa law technicality rather than for a substantive reason…Like not holding the right visa at the time of application or being in the wrong location when you apply etc. Most applicants don’t get a de facto partner visa refused for not having enough supporting material.
It’s very possible to get a de facto partner visa grant if your relationship is genuine and you explain why you are light-on with supporting material. I’ve had de facto partner visas with only scant supporting material, approved, time and time again. The real issue in partner visa cases, including de facto partner visas is credibility.
Is the case officer is provided with enough credible information in the application to support your assertion that your relationship existed, to the required level, at the time prescribed by the Regulations, and that your relationship continues to exist now, at the time of decision?
I’ve found that Immigration Case Officers want nothing more than to approve de facto partner visa applications. Why? Firstly, its a lot easier to approve a de facto visa application, then to refuse one. Writing our “reasons for decision” in a decision record where is de facto visa is refused is very time to consume, especially when compared how simple is to grant a de facto visa. DIBP officers also recognise that an appeal to the AAT may be lodged by any refused applicant.
Immigration officers will try to approve legitimate cases quickly. If you provide evidence supporting your legitimate case, this will save you (and your partner) the anguish of appealing against any adverse decision not to grant your requested visa.
I’ve also found that Immigration Case Officers are reasonable in their expectations of applicants when it comes to providing documentation. And if you have the right approach with them from the start, they will work with you to get your de facto partner visa application approved with the least amount of stress.
Give them complete material and explain why some supporting material is scant
The Authorities expect you to furnish the details of the following four aspects:
- Financial aspects of the relationship
- Nature of the household
- The social aspects of the relationship
- Nature of the commitment to each other
Both the visa applicant and sponsor should each make clear, separate personal statements about the relationship. This is your opportunity to set out the main story of the relationship, how you met, all the important dates along the way and the development of the relationship. The right format to do this is via a Commonwealth statutory declaration (there is a prescribed statutory declaration form for this).
If a material is obviously missing, explain why and be truthful and frank with them.
Immigration officers tend to be smart, experienced and methodical. They’ll smell a rat a mile away, and you can count on them checking things thoroughly if things don’t quite to stack up for them.
Don’t try to fudge things or skim over gaps! You’ll waste a lot of time and money. De facto visa application filing fees are now around $7000. You will suffer stress, delay and legal consequences if your visa is refused. So, address these gaps in your application head on. There are legitimate reasons why certain material could be scant or missing altogether.
My advice is to explain carefully why stuff is missing. Further, if there’s any adverse information, be the first to raise it. The credibility you will have as a result of bringing something to an Immigration Case Officer’s attention (rather than the other way around) may well be the credibility that ultimately saves your bacon if you have a border-line application in terms of supporting material.
If the material and supporting explanation you and your representative provide is credible, your application for a de facto partner visa will most likely be granted, even though there might be relatively little by way of evidence.
Is De facto Visa Approval Guaranteed?
Absolutely not! But your chances of approval are greatly improved by following the approach above. This is one aspect of a submission system that I’ve successfully used in well over a thousand de facto partner visa applications made to the Australian Department of Immigration.
For more information contact me and book in at a time to discuss your case.