Having any Australian visa refused is bad. No question about it. Visa refusal is heart-breaking. But I can think of very few things worse than spending all that time……literally years!…..bringing your Filipina wife from Philippines to Australia, and getting down to the point of being entitled to a permanent partner visa….and then getting it refused! Australian Filipina couples nicely settled in Australia, possibly with kids and mortgages, and it all comes crashing down.
Now, the reality is that you remain on the Temporary Partner Visa, be that an offshore Subclass 309 or an onshore Subclass 820, until they make a decision on the Subclass 100 or Subclass 801. Whether it’s a visa grant or a visa refusal, the temporary visa ceases when they make their decision. If they grant it, the permanent partner visa takes the place of the temporary partner visa. If they refuse it, they also refuse the temporary visa.
Australian Permanent Partner Visas
This is obviously the goal for all Australian partner visa applicants. You want your Filipina wife or fiancée or partner to eventually have permanent residency in Australia. PR, as it’s sometimes called. It gives her the right to remain in Australia for the rest of her life. And she would have to do something pretty terrible for them to cancel it.
However, the risk is complacency. The Aussie’s worst habit, arguably. We live a fairly non-threatened life compared to many places in the world, and we generally go through life feeling bulletproof. I covered this last year in a BLOG article about the Permanent Partner Visa stage and what must be done for it, and I hope everyone has read and understood that. Great danger to assume you will just get this as a formality.
Yes, you have applied for the permanent partner visa at the same time as applying for the temporary partner visa. It’s a combined application. However, they will assess the permanent visa 2 years (approx. after the actual application) to see basically whether you both did the things that you said you would. They want to see if your genuine relationship has in fact been firmly in-place, or were you just telling stories!
Partner Visas – A Sad Story
I’ve had a couple of clients (to my knowledge) have their permanent partner visas refused. They did their own applications, and the impression I got was they were a little too relaxed about it. This is one of the reasons that we started offering to manage permanent applications. Plus, the Department (in their dubious wisdom) decided to stop informing clients when the permanent visa was ready to be finalized. A bit scary. And let me explain why.
As I said above, if the permanent partner visa is refused, the temporary one is refused at the same time. And that gives you 28 days to lodge an appeal or for the former visa-holder to leave the country.
Well, a professional colleague yesterday was chatting to me about a predicament that a client of his had found themselves in. If any of you think this is “just a job” for Registered Migration Agents (RMA’s), please think again. For most of us, this is a vocation. “Not caring enough” is rarely a problem for us. “Caring too much” is far more common. And yes, in this case my colleague was pretty cut-up about this. Wasn’t his fault, but it meant a family torn apart and a child who cries for Daddy every night! Not so easy to take.
The couple made the mistake of not telling the Department their new address. Remember how we always say you need to tell the Department immediately if you change contact details? Well, they didn’t. The Department couldn’t find them, and several years had gone past since they needed to finalise their Subclass 801 visa. So they refused the 801, which effectively also cancelled the Subclass 820. The former visa holder was overseas when this happened, and this means he’s stuck there and can’t get back!
Visa Applications – Take Them Seriously!
Never take a visa application lightly! Never assume that this is all easy, and that the laid-back easy-going dudes in the Department will be OK with whatever you send. They can and do refuse people. They just left a husband and father stuck in another country away from his family. They have a job to do, and the basis of visa grants and refusals is written in law and rarely flexible. They couldn’t contact the client. They couldn’t finalise the application. They refused the 801, and that led to the cancellation of the 820 too.
Partner Visa Golden Rules!
- Don’t try to submit a half-@&$ed partner visa application, be that Prospective Marriage Visa, Temporary Partner or Permanent Partner. Don’t short-change them. Don’t take the “near enough is good enough” approach, or the only thing near-enough will be the Departures at the airport.
- If you change contact details, inform them immediately. Form 929. Registered Post.
- And watch the calendar (YOU…not us)! Never ignore those important dates, be that dates to enter by, dates that visas expire, and never forget the date you applied for a temporary partner visa.