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Partner Visas – DIBP reports sharp rise in sham relationship evidence

 

DIBP is being kept busy with allegations of sham relationships – stating that there has been a marked rise in false documents, false statements and contrived relationships:, for the 2009-2011 years, as follows:

Program Year           False Documents    False Statements   Contrived Relationship
2009-2010                  390                   331                   834
2010-2011                 1113                  1529                  2471
2011-2012                 1892                  2478                  3394
2012-2013                 2383                  3852                  4638

http://www.immi.gov.au/About/foi/Documents/FA140400696.PDF

Do not assume that just because your relationship is genuine, that you can lodge it yourself, or that you can get away with providing the bare minimum.

The fact is that these statistics show why the DIBP look so carefully through all partner visa applications, as they have a duty to identify all possible sham applications.

Just because your relationship is genuine and heartfelt, does not change the need to be thorough and careful.

It is impossible to be objective when it is your own application and relationship under the spotlight – as you feel emotionally connected – for example, it will be difficult to remain calm if your genuine relationship is disputed.

This is why we carefully vet all material to ensure it consistent (in the same way that we would go through the potential evidence of a witness who is about to be cross examined in Court). During this process, we help clients enhance their relationship statements to ensure it addresses all aspects of the relationship, and attaches all supporting material. We identify inconsistencies, and ensure everything is correct and supported.

An inadvertent mistakes on dates, or facts, can cause a whole host of issues, and can even lead to the DIBP relying upon an inconsistency to find that a false fact has been presented and therefore the application should be refused on that basis alone.

Once an application has been marked as questionable by the DIBP, it will be processed much more slowly, and further enquiry is likely (the DIBP can arrange unannounced home visits for example).Worse still, inconsistencies then need to be explained and considerably greater supporting material will be required – this process is usually far more difficult than just getting it correct the first time.

The lesson is this:

  1. There are many sham partner visa applications lodged so you need to assume the DIBP will thoroughly test your application and will be on the look-out for any inconsistency, or absence of supporting material.
  2. Accordingly, you need to get it right the first time, to avoid grief and delay later.
  3. The only way to ensure it is prepared properly is to engage a representative who is:
    1. objective (i.e. not you); and
    2. experienced in migration law.

Zeke Bentley, Principal migration lawyer of The Migration Place, has over 12 years’ experience as an RMA. The Migration Place only employs experienced migration lawyers, as we wish to ensure your application is processed as quickly and easily as possible.

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