Partner/Spouse Visa

People searching the web for help with a partner/spouse visa to Australia or other countries often arrive on this site.  I realised it was a little unfair for there to be no acknowledgement of their search on this site, of all sites, nor any easy to find information they could use.  This page is for those of you searching for answers.

I am not a Migration Agent or a Migration Lawyer.  I am unable to offer professional/formal advice.  I am simply sharing our experience to raise awareness.  I do not know about other systems in other countries; however you may still find useful information here.

You may find the following articles on this site of interest:

If there are children involved, you may also find Hague Convention & Stateless Babies helpful.

If your visa has been denied, what I can tell you is that you will have a right of appeal through the Migration Review Tribunal (MRT).  You do not need legal representation in order to appeal, but you may certainly like to have assistance from either a Migration Agent or Lawyer.  You must lodge your appeal within a specified time, which will be noted on the letter you received from DIAC advising the visa has been denied.  Do not delay or you will lose your right to appeal.

Details of registered agents can be found here, on the MARA website.

You may also be able to lodge a complaint through the Australian Human Rights Commission under the ICCPR.

There are several Forums on the web that are also helpful resources, however I have found that Partner/Spouse visa support is minimal compared with other classes of visa.  Two forums I joined are:

• Migration Help - this one does have an active partner visa community
• Getting Down Under Forums - this forum has more of a skilled migration emphasis

Personal advice I can give you is as follows:

• Make sure you have a support network of friends and family.
• Share what you are going through with each other.  While it can be tempting to think you don’t want to worry your partner with your thoughts and fears, we found it better to share what we were thinking.
• Proofread every bit of paper submitted to DIAC & the MRT, whether it be prepared by you or an agent or lawyer.  Proofread, proofread, proofread.
• Seek whatever medical or psychological support you need.  You have to be able to stay as strong as possible, especially if there are children involved – you have to stay strong for them.
• Try and look after yourself: exercise, eat properly and rest.  This is the bit I struggle with.
• Do not panic!

Be very aware our particular case is complex so your experience may be completely different.

On behalf of my husband and I, I wish you all the best in your appeal.

Robyn Oyeniyi

March 27, 2011
(Updated May 24, 2011)

PS: If you are one of the very few Bad Guys, please read my Open Letter to you.