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The importance of engaging a Registered Migration Lawyer for your Partner visa

The recent hikes in visa application charges has forced Partner visa applicants to abandon professional assistance, leading to a greater number of partner visa refusals.

Sources within the Department of Immigration and Border Protection (“DIBP“) confirm that many applications prepared by couples without professional guidance or assistance are manifestly inadequate and lead to refusals.

This is the primary reason why a later professionally prepared appeal is successful,” said Zeke Bentley, Principal Lawyer with The Migration Place.

We are often engaged by genuine and loving couples who made the mistake of assuming the process was straightforward, and that it would suffice that their relationship is genuine, but they were refused because of inadvertent mistakes in their application, or because they did not understand how the migration laws and regulations interact. The reality is that all visa applications are difficult, and applying for a Partner visa is a complicated process, so it is essential that you seek professional assistance from a Registered Migration Lawyer.

I also believe that the simple act of going to the expense of engaging a lawyer to represent you in the visa application is evidence in itself of the genuineness of the relationship, as a genuinely committed couple would not be concerned about cost where a refusal can split the couple, or delay the foreign partner enjoying work and visa rights here in Australia.

If your partner is an Australian citizen or a permanent resident, then you may be eligible for one of the various partner visas that are available. Your partner can be either your fiancé(e), spouse or de-facto partner, and can be of the same gender.

It is particularly important to get advice about:

  • Timing issues and bridging visas so that you do not need to be separated from your partner.
  • How to satisfy the requirements for a de facto visa application where the relationship is less than 12 months, or where the partners have not been living together due to work commitments or cultural reasons.
  • Any need to have a ban lifted – for example, where the foreign partner has overstayed their initial visa or has a ‘No Further Stay’ condition on their current visa.
  • Asset protection – a prenuptial agreement is always wise, but especially where the relationship is relatively new and untested as the new partner can gain a right to some of the de facto partner’s assets once the relationship passes the 3 month mark.
  • Any need for the normal rules to be waived, for example where the foreign partner has a criminal history, custody issue, or a child with a health condition.

Offshore applications from ‘high-risk’ countries, couples with an age gap and relationships that are under 3 years are often refused, and the onus is on the applicants to convince the DIBP that they are in a genuine relationship.

While the inability of applicants to put together convincing applications without professional assistance has increased the rate of refusals, the number of appeals in proportion to the number of refusals has dropped over the last three years from 23% to 17%. The figures demonstrate the importance of using a Registered Migration Lawyer.

As the DIBP carefully scrutinizes all materials lodged, it is important to get it right from the beginning as this will not only save money on further applications and appeals, and ultimately increases the likelihood of your application being successful, and the speed with which your partner is granted with permanent residency and therefore work rights and healthcare benefits.

Here at The Migration Place, we have extensive experience in Partner visa applications and we are proud to have a record of success.

By engaging The Migration Place, you can rest assured that:

  • We are extremely careful in drafting all supporting documents from your family and friends.
  • We take extra time to ensure that the application is prepared professionally and completely.
  • We run through all the different types of evidence that you can use to support your application to ensure it is processed quickly and with minimal fuss.

If you think that you may be eligible for a Partner visa, our experienced Registered Migration Lawyers at The Migration Place can assist you with a professionally prepared application and supporting evidence which will enhance your chances to secure a successful visa result.

For further information or to arrange a consultation, please contact Zeke or Corina at mail@themigrationplace.com.

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