Partner dies before grant of visa

Normally, a partner visa application is refused if the sponsoring partner dies before the grant of visa to the applicant.

Recently, our office successfully handled a case on appeal to the Administrative Review Tribunal where the applicant’s partner visa application was refused originally by the Department of Home Affairs as the sponsor died before the applicant was granted a visa. Further, it was refused as there was not enough evidence of circumstances of the relationship.

We were able to argue as required by Schedule 2 of the Migration Regulations 1994 that the Minister would have satisfied that the sponsor would have continued with sponsorship if the sponsor had not died. I support, we provided a statement of the sponsor on the strong bond of the couple’s relationship, his 3 visits overseas to meet the applicant and her family and financial support to the family and her family. The son also provided a poignant letter on the care provided by the applicant while his father was in the hospital for months battling cancer.

To succeed, it is also suggested that the applicant must present evidence on the circumstances of the relationship relating to:

= financial aspects of the relationship such as extent of pooling of financial resources and sharing of day-to-day household expenses.

= nature of the household which refers to living arrangements and any sharing of responsibility for housework.

= social aspects of the relationship where the couple must have represented themselves to other people as a couple.

= nature of commitment to each other.

The information provided is of general nature and intended as a definite legal advice. Please contact our office on (02) 96356500 if you require further information.