Under Australian law, one can apply for a partner visa while they are living in Australia or when they reside outside Australia. However, there are circumstances under which your application for a partner visa may be rejected even if you are residing in Australia. This article discusses some of those circumstances.
If Your Current Visa Has Expired
The immigration authorities are likely to turn down your partner visa application if you are in the country but your visa expired and has not been renewed. This is because you can only apply for a partner visa from within the country if you are legally allowed to be in the country. Once your visa expires then you are no longer legally allowed to remain in the country so your partner visa application will be rejected until you formalize your stay in the country.
If There Is a "No Further Stay" Condition in Your Visa
Your partner visa application may be rejected if the visa under which you are currently residing in Australia has a "no further stay" condition to it. That condition can be imposed on a variety of visas such as those granted to people who have gone to Australia on holiday or for short study programs. In such a case, your application may be considered as an attempt to go around the condition that your stay in the country is not extended beyond the period indicated in your current visa.
If You Are Indebted to the Australian Government
If you are indebted to the Australian government and you have not made satisfactory arrangements to clear that debt then your partner visa application will most likely be rejected. The debt may have originated from taxes that you owe the government and you have not yet worked out a payment plan with the tax authorities.
If You Are a Holder of a Sponsored Visitor Visa
Your application for a partner visa is likely to be rejected if you entered Australia using a sponsored visitor visa. Once more, immigration authorities will regard your partner visa application as a dishonest way for you to stay in Australia beyond the limit of your current visa.
As you can see, there is no guarantee that if you apply for a partner visa when you are within the country then that application will be successful. It is important that you discuss your circumstances with an immigration official or immigration consultant so that they advise you on how you can improve your chances of getting your partner visa application approved.