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The Necessity of Demonstrating Genuineness of Relationship

The Applicant and Sponsor met online in 2011 and proper communication began in March 2012. In August 2012 the Sponsor travelled to Eastern Europe and in October of that year they married. In December the Sponsor moved back to Australia. The couple lived apart due to the Applicants study commitments in Europe and the Sponsor having to leave after her tourist visa expired. Despite this, they have maintained daily contact since then.

This case provides an example of the necessity of satisfying evidence in relation to genuineness of relationship. This requirement becomes especially significant in situations where the relationship began and was sustained online, and where the relationship progressed quickly over a relatively short period of time. The couple became engaged only seven months after they first met, and were married only 13 months after they first spoke. These factors are considered by the department when assessing the genuineness of the relationship. Soliciting the help of migration lawyers is advisable in order to maximise the possibility of a favourable outcome. With the help of Immigration Solutions Lawyers and a psychologist assessment of their connection, it was determined that the couple had a warm and genuine relationship.

Another serious consideration in their application was the hardship that would be inflicted on the couple if the visa was not approved. The psychologist also noted that if the 309 visa was not approved, it would inflict significant hardship on the Applicant and Sponsor as well as on their marriage. This hardship would be particularly severe in the case of the Sponsor who was at greater risk due to her vulnerability to clinical depression. The Sponsor was treated for severe depression at only fifteen years of age and a relapse would be the likely result if the visa was not approved.

The applicant was found to satisfy the requirements of the subclass 309 (Provisional) Partner Visa and was granted a visa on 30th April 2014.

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