Looking to Avoid a defacto visa refusal?

Defacto Visa Tips

Here you’ll find the top reasons why your Australian defacto visa (partner visa) application will get refused (arghhhh!) and what approach you should take:

Are you applying for a defacto visa? Most people think that not having enough of a pile of documents showing joint names 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 defacto visa seeking couples I’ve helped in the last 15 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 defacto visa application isn’t that legitimate, hey?

Is your defacto visa application primarily facilitating your immigration goal? If your documents suggest this, then you are on the wrong track.

Defacto 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 defacto partner visa refused for not having enough supporting material.

It’s very possible to get a defacto partner visa grant if your relationship is genuine and you explain why you are light-on with supporting material. I’ve had defacto partner visas with only scant supporting material, approved, time and time again.

The real issue in partner visa cases, including defacto 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 continue to exist now, at the time of decision?

I’ve found that Immigration Case Officers want nothing more than to approve defacto partner visa applications. Why? Firstly, its a lot easier to approve a defacto visa application, then to refuse one. Writing our “reasons for decision” in a decision record where is defacto visa is refused is very time consuming, especially when compared how simple is to grant a defacto 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 defacto partner visa application approved with the least amount of stress.

Give them complete material and explain why some supporting material is scant.

If 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. Defacto 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 defacto partner visa will most likely be granted, even though there might be relatively little by way of evidence.

Is Defacto 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 defacto partner visa applications made to the Australian Department of Immigration.

For more information contact me and book in at time to discuss your case.



The information on this site is not legal advice. You should consult a lawyer or registered Australian Migration Agent for advice on your own situation. Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Nandan Vaityte Pty Ltd are members of the scheme. Unless otherwise specified, all advice is provided in accordance with section 276 of the Migration Act 1958 (Cth) by MyVisa Australia Pty Ltd Trading As MyVisa® ABN 65 092 524 359. RMA 1466495 0104983 1790996 © Copyright 2017 Nandan Vaityte Pty Ltd ABN 54 607 960 547 | All Rights Reserved | Privacy Policy | Disclaimer | Sitemap