Imagine being separated from your partner due to administrative complications. Applying for a partner visa Australia can be stressful, especially when unexpected challenges arise. At Ferntree Migration, we specialise in guiding couples through these hurdles. This case study shows how we helped one couple overcome significant obstacles to secure their partner visa, offering valuable insights and practical advice for those in similar situations.

Understanding the Partner Visa Australia Process

What is a Partner Visa Australia? A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. Different subclasses cater to various situations and stages in the relationship:

• Subclass 820/801 (Temporary and Permanent): For those who are married or in a de facto relationship.
• Subclass 309/100 (Provisional and Migrant): For those applying from outside Australia.
• Prospective Marriage Visa (Subclass 300): For those intending to marry their partner in Australia.

The Case Study Begins

Initial Challenges

On March 12th, a client approached Ferntree Migration after lodging a partner subclass 820/801 partner visa Australia application on their own. They faced a challenging situation when the Department of Home Affairs raised concerns, resulting in a section 57 natural justice letter indicating a potential visa refusal.

Unlawful Status and Schedule 3 Criteria

The client’s visitor visa had expired, making them unlawful. This meant they needed to satisfy schedule 3 criteria, which requires:

• Factors beyond their control led to them not holding a substantive visa.
• Compelling reasons for granting the partner visa Australia.
• Substantial compliance with the conditions of their last visa.
• Intention to comply with conditions of the partner visa Australia.
• Entitlement to the partner visa Australia had they applied on the last day they held a substantive visa.
• No “No Further Stay” condition on their last substantive visa.

The Need for Additional Information

The client had not explained why they became unlawful or provided sufficient relationship evidence in their initial application. They also received a section 56 letter requesting more details about their relationship.

Building a Strong Case

Gathering Proof of Relationship

We collected comprehensive evidence of the client’s relationship, including:

• Joint Finances: Bank statements showing shared accounts and financial responsibilities.
• Photographs: Pictures documenting their time together, including significant events and everyday moments.
• Statutory Declarations: Statements from friends and family attesting to the genuineness of their relationship.

Addressing the Unlawful Status We detailed the reasons behind the expiration of the client’s visitor visa and their unlawful status, providing:

• Timeline of Events: Clear timeline showing all relevant dates and events.
• Supporting Documents: Evidence such as emails, travel documents, and other paperwork.
• Personal Statements: Detailed accounts from both partners explaining the situation and the impact of being separated.

Highlighting the Sponsor’s Welfare

We underscored the potential damage to the sponsor’s mental, physical, and financial welfare if the applicant was unable to stay, including:

• Medical Reports: Documentation of health issues exacerbated by the stress of separation.
• Financial Impact: Evidence of the couple’s financial interdependence.
• Personal Accounts: Statements detailing the emotional toll of being apart.

Submitting Application for Partner Visa Australia

Comprehensive Documentation

Our submission was thorough, addressing all concerns raised in the section 57 natural justice letter and section 56 letter, and providing robust evidence of the client’s relationship.

Expert Guidance

We provided expert guidance throughout the process, ensuring all documentation was accurate and reflective of the client’s circumstances, with regular communication to keep them informed and reassured.

The Result

Our rigorous preparation and detailed understanding of migration laws led to success. On July 22nd, 2024, the client’s 820 partner visa was granted. This case is a significant milestone, proving that even the most complex cases can be overcome with careful planning and effort.

Lessons Learned

Importance of Professional Guidance: This case underscores the potential of professional guidance in navigating complex visa applications, reducing stress and complications.

Thorough Preparation is Key: Comprehensive documentation and meticulous preparation are crucial in building a strong case.

Emotional and Financial Impact: Visa complications can have significant emotional and financial impacts. Highlighting these aspects can strengthen the case and demonstrate the genuine nature of the relationship.

Final Thoughts and Key Takeaways

Navigating the partner visa application process can be daunting, especially when faced with complex challenges. This case study highlights how professional guidance and thorough preparation can lead to a successful outcome, even in the most challenging situations.

At Ferntree Migration, we are dedicated to helping couples overcome these obstacles and achieve their dream of living together in Australia. If you receive a section 57 natural justice letter or a section 56 letter requesting more information, contact us. Our expertise and dedication will guide you through these challenges, aiming for a successful outcome, just as we achieved for this client.

For more information or to begin your partner visa application, contact Ferntree Migration or schedule a consultant today and take the first step towards your future together.

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Frequently Asked Questions (FAQs)

What is a section 57 natural justice letter?

A section 57 natural justice letter is a notification from the Department of Home Affairs that raises concerns about your visa application. It indicates that there is adverse information which could lead to a refusal and invites you to comment on these concerns.

What are the schedule 3 criteria?

Schedule 3 criteria are specific requirements in migration law for applicants who are not holding a substantive visa when they apply, such as those on a bridging visa or who are unlawful. You must demonstrate why you should be granted a visa despite these circumstances.

Why is it important to gather proof of a relationship?

Proof of a relationship is crucial to show the genuine nature of your partnership in a visa application. This evidence is needed to meet the requirements set by the Migration Act and associated regulations, and to address any concerns from the Department of Home Affairs.

How can my status affect my visa application?

If you apply for a partner visa while holding a bridging visa or being unlawful, it complicates your application. You must meet additional criteria, and failing to do so can be grounds for refusal.

What types of evidence should I collect for my partner visa Australia application?

You should collect a variety of evidence, including financial documents, photographs of shared experiences, personal statements, and statements from friends or family. This creates a comprehensive picture of your relationship.

How can professional guidance assist in the partner visa Australia application process?

Professional guidance can make the visa application process smoother by ensuring all documentation is thorough and well-presented. This support helps address any concerns from immigration authorities and reduces the stress of navigating complex regulations.

What should I do if I receive a section 56 letter requesting more information?

If you receive a section 56 letter, respond promptly and provide the requested information thoroughly. Seeking expert assistance can help you understand the requirements and strengthen your response.

What are the potential emotional and financial impacts of visa complications?

Visa complications can cause significant emotional distress and financial strain for both partners. Highlighting these impacts in your application can help show the genuine nature of your relationship and the hardships caused by separation.