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Is Your Partnership Genuine and Stable?

February 14, 2019

If you are intending to lodge the temporary visa application of your “partner” whether visitor, student or work visa under the current Immigration Instruction the one thing that you must be sure of before you lodge any application, whether by paper or online application is that your partnership is ‘genuine and stable’.

Many application are being decline for the inability of the applicant and the supporting partners to satisfy that the partnership is ‘genuine and stable’. This is usually where the Immigration Officer looks into in the processing and assessment of this type of visa application.


One’s partnership status for purposes of the term “partnership” could either be married/in civil union or partner/de facto.


The word or phrase ‘genuine and stable’ has a legal and technical meaning within the purview of the Immigration Instructions or Policy. To be genuine the partnership must be entered into between the parties with the intention of being maintained on a long term and exclusive basis. Thus, there is the element of long duration and exclusivity.


And as a last requisite the partnership must be stable because it is likely to endure. The word ‘likely’ connotes or imply a question of probability.

 

E4.5.25 of the Immigration Instructions expressly provide, to quote:


“E4.5.25 Definition of ‘genuine and stable’ partnership


A partnership is genuine and stable if an immigration officer is satisfied that it:

  1. is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and

  2. is stable, because it is likely to endure.”

 

Thus, whether or not a partnership is ‘genuine and stable’ in any given application will always be a question of facts. Being a question of facts, the burden of proof or the onus is always on the applicant. In closing, take note of the word or phrase “if an immigration officer is satisfied”.  

 


 

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