POTENTIAL COMPLICATIONS

RECOGNISING THE POTENTIAL COMPLICATIONS

Whether you are applying for a Marriage, De facto or a Fiance visa, you should be aware of possible complications. Many factors may result in substantial delays in processing times or lead to a refusal of your partner visa application. Also, if the application is not lodged correctly, you may not get work rights and will not be allowed to travel during the processing time. 

We regularly get calls from people who lodge the application themselves and are facing major issues. We try to assist them as much as we can. However, sometimes it is too late and nothing can be done.

Issues that may complicate the immigration process include, but are not limited to: 

• Lodging an incomplete or invalid application;
• Lodging the application at the wrong time when the case is not yet ready for lodgement;
• Work permission application refusal due to failure to provide correct information & documents;
• Failing to provide necessary documents or information at the time of application;
• Existing Australia during the application process on the wrong visa and customs refusing re-entry;
• Failure to satisfy case officer that the relationship is genuine and ongoing;
• Significant age difference between couples;
• Not holding a substantive visa at the time of application (Schedule 3);
• Failing to respond to Schedule 3 criteria adequately;
• Visa applicant is subject to No Further Stay visa condition;
• Choosing the wrong visa based on self-research conducted online;
• Applying for De Facto and lodging the application too early;
• Applying for De Facto and lack of evidence to demonstrate that a De Facto relationship exists;
• Not notifying DIBP of any changes of the circumstances on time;
• Being an Unlawful Non Citizen at time of application;
• Visa applicant and sponsor have spent very little time together in person;
• Prior attempts by the sponsor to bring a foreign national to Australia;
• Visa applicant previously entered and overstayed a visa;
• Having any criminal record/s;
• Not meeting the health criteria;
• Failing to make a valid application for any secondary applicants or dependants;
• Insufficient proof of bona fide ongoing relationship between the Australian Citizen and visa applicant (lack of supporting documentation);
• Unstable financial situation;
• Failing to respond to DIAC on time;
• Responding to DIAC incompetently and/or inadequately; 
• Failure to keeping up to date with changes in policies and regulations;
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