Love & marriage… do not have to go together with the horse and carriage

The Federal Court aptly referenced Frank Sinatra’s hit on “love & marriage” in deciding whether romantic love is a requirement for a partner visa.  


This case involved a couple who were undoubtedly in a relationship of sorts, but admittedly not “in love”. The Federal Court in rejecting an appeal from the Federal Circuit Court, unanimously held that the absence of romantic love was not necessarily  fatal in determining a partner visa application. The Court held that romantic love is not a determinative factor and cannot be elevated above the considerations in which a delegate is bound to consider.


This does not mean that applications based on contrived relationships will have greater chances of success; all standards of the regulations must still be satisfied. This case does however recognise that people enter into relationships for a variety of reasons - love not always topping the list.


Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 (29 January 2016).


If you have any queries in relation to your partner visa application, please contact Nevett Ford Lawyers Melbourne on (03) 9614 7111 or melbourne@nevettford.com.au.

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Partner visa - are you providing enough evidence to the DIBP?

The Permanent Partner visa (second stage) is the Subclass 100 and the Subclass 801. Generally the Department of Immigration and Border Protection (DIBP) will make contact with you approximately two years after the Partner visa is lodged. At the time of request, the applicant generally needs to provide:

1. statements from the applicant and the sponsor;
2. updated police clearance in Australia; and
3. updated evidence of cohabitation, financial and social aspects of the relationship.

 

We have recently received many enquiries concerning applicants that have lodged their own Subclass 100/801 that have received unfavourable decisions or request for further evidence from DIBP despite having presented the usual documents and evidence required for this visa.

 

This issue has arisen due to DIBP becoming stringent with assessing documents provided during the second stage of the partner visa and subsequently it is seeking more evidence than only statements and updated police clearance. DIBP’s requirements are to see evidence that the relationship is genuine and continuing following the grant of the temporary visa. Further to lodging the temporary partner visa application, it is ideal to keep a healthy record of all the documents between you and your partner in preparation of the permanent visa stage.

 

Deciding on the evidence that DIBP requires can be difficult and can delay the approval of the visa if not correctly submitted.

Nevett Ford has extensive experience in different areas of migration and can assist you with preparing an application that satisfies DIBP. For further information please contact us for a consultation.

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