Form 1022 for Partner Visa: Reporting Changes

Form 1022 partner visa notifications are the formal way to tell the Department of Home Affairs that something in your life has changed after you applied. If you have applied for a partner visa and your relationship, your family, your sponsor's situation or your character history changes, the law requires you to report it. The form used for that report is Form 1022, and using the Form 1022 partner visa process correctly protects both the application and the visa you already hold.

This guide explains the Form 1022 partner visa process for onshore applicants (Subclass 820 and Subclass 801), offshore applicants (Subclass 309 and Subclass 100) and engaged couples on the Subclass 300 Prospective Marriage visa. It covers the legal duty in section 104 of the Migration Act 1958, which changes belong on Form 1022, which changes use a different form, how to complete the form question by question, what to attach, how to lodge it, what the Department does next and what can happen if a change is not reported.

We have also published a general guide to Form 1022 change of circumstances that applies to every visa type. This article is different. It deals only with partner visas, where the changes that matter most are relationship changes and where the consequences of a missed notification are usually more serious. If you want the wider picture of the partner visa process first, our complete guide to partner visas in Australia explains each stage. If a change has already happened and you are not sure how to report it, our partner visa lawyers can review your position before anything is sent.

What is Form 1022 for a partner visa?

Form 1022 is the Department of Home Affairs form titled "Notification of changes in circumstances (Section 104 of the Migration Act 1958)". A visa applicant or visa holder uses it to tell the Department that circumstances have changed so that an answer they gave in their application is no longer correct, and to give the correct answer.

On the question of what a Form 1022 partner visa notification actually is, the answer is simple. It is a written notice. It does not start a new application, it does not cost a government charge and it does not ask the Department to make any decision. It updates the information the Department will rely on when it decides your application, or when it considers whether you should keep a visa already granted.

The form itself is general. There is no separate partner version. What makes a Form 1022 partner visa notification different is the content. In a partner application the Department assesses the relationship at the time of decision, not only at the time of application. Every change to the relationship, the household or the family unit is therefore relevant, and many of those changes must be reported.

Form 1022 sits alongside the evidence you lodged with the application. If you lodged a partner visa document checklist of relationship evidence, a relationship statement and Form 888 statements from friends and family, a Form 1022 partner visa notification tells the Department which parts of that picture have changed.

Is Form 1022 compulsory for partner visa applicants?

Yes. Section 104 of the Migration Act 1958, headed "Changes in circumstances to be notified", requires a non-citizen to inform an officer in writing, as soon as practicable, if circumstances change so that an answer to a question on their application form is incorrect in the new circumstances. The applicant must give both the new circumstances and the correct answer.

The law does not name Form 1022 as the only way to give that notice. The duty is to inform an officer in writing. However, Form 1022 is the form the Department has designed for this purpose, it asks for the information the Department needs to match the notice to your file, and it is the form the Department itself refers partner applicants to. In practice, a Form 1022 partner visa notification is the safest way to comply.

Section 104 has three further parts that matter to partner applicants:

• If the applicant is in Australia when the visa is granted, the duty applies to changes before the visa is granted (section 104(2)).
• If the applicant is outside Australia when the visa is granted, the duty applies to changes after the application and before the applicant is immigration cleared (section 104(3)).
• The duty applies despite the grant of any visa (section 104(4)).

The third point is the one most couples miss. Your Form 1022 partner visa obligations do not end when the Subclass 820 or Subclass 309 is granted, because that grant is only the first stage of a two-stage process. The permanent stage is still undecided, and changes during that period still have to be reported. This is explained further below in the section on the second stage.

Who has to lodge a Form 1022 partner visa notification?

The duty in section 104 falls on the visa applicant. In a partner application that is the person applying for the visa, together with any secondary applicants included in the application, such as a dependent child.

The sponsor is not a visa applicant, so section 104 does not apply to the sponsor in the same way. That does not mean the sponsor's circumstances are irrelevant. Many questions in the application concern the sponsor and the relationship. If the sponsor's circumstances change in a way that makes the applicant's answers wrong, the applicant must report it. The sponsor can also write to the Department, and sponsors often do so when a relationship ends or when they no longer support the application. Our article on when a sponsor cannot sponsor a partner visa explains why the sponsor's own history is part of the assessment.

Form 1022 includes a declaration. Other applicants aged 18 or over who are included in the notice must also sign it. If a Form 1022 partner visa notification covers both the main applicant and an adult secondary applicant, both should sign.

If you have appointed a representative, the representative can lodge the Form 1022 partner visa notification for you, but the content is still your notice and the declaration is still yours. Our guide to Form 956 and 956A explains how a representative or authorised recipient is appointed.

Why relationship changes matter for a Form 1022 partner visa notification

Relationship changes matter because partner visas are decided on the relationship as it exists at the time of decision. For the Subclass 820, clause 820.221 requires the applicant, at the time of decision, to continue to meet the relationship requirement or to meet one of the exceptions that apply when the relationship has ended. The Subclass 309, Subclass 801 and Subclass 100 have equivalent time of decision criteria.

The Department's own policy says that delegates may treat the continued relationship requirement as satisfied without further enquiry only if there is no evidence to the contrary (the policy gives the example of a sponsor withdrawing the sponsorship) and no significant time has passed since the relationship was assessed. The same policy note refers to section 104 and says the duty includes circumstances such as the relationship ending or the family unit changing through birth, death or a change in marital or relationship status.

In other words, the Department expects to hear about these changes from the applicant. A Form 1022 partner visa notification is how the Department learns, from you and in your words, that the facts it is assessing have moved. If you want to understand how the relationship is assessed in the first place, our guide on how to prove your relationship is genuine explains the four assessed aspects: financial aspects, the nature of the household, social aspects and the nature of the commitment.

Which partner visa changes go on Form 1022?

A partner visa change goes on Form 1022 when it makes an answer in your application incorrect. The most common changes in partner matters are set out below. Each one needs its own explanation and evidence.

Marriage after lodging as de facto partners

If you lodged as de facto partners and later married, the answer to the question about your relationship status is no longer correct. You are now spouses. A Form 1022 partner visa notification should state the date and place of the marriage and attach the marriage certificate. Marriage does not usually create a problem, but it changes the basis on which the relationship is assessed, and the Department needs the certificate to update its records. Our article on the de facto partner visa and the 12-month rule explains how de facto relationships are assessed before marriage.

Separation

Separation is the most serious change a partner applicant can report. If the relationship has ended, the answers about the relationship, the household and usually the address are all incorrect. The Department's partner visa information directs applicants whose relationship has ended to complete the "Notification of Relationship Cessation" form in the Update Details area of ImmiAccount, or to use the Partner Processing Enquiry Form and attach a signed Form 1022. Either way, the change must be reported.

This article deals with the form and the process. The legal consequences of a separation, including the exceptions for family violence, the death of the sponsor and children of the relationship, are covered in our article on what happens to a Subclass 820 application if the relationship breaks down. If family violence is involved, read our family violence partner visa page before lodging anything, because the way the notice is written can matter to your safety and to the application.

Reconciliation

If you separated, reported the separation and then reconciled, the Department needs to know that too. The Department's partner visa information says reconciled couples should contact the Department through the Partner Processing Enquiry Form with a signed statement from each partner describing the circumstances, and identity evidence for both. A Form 1022 partner visa notification is a sensible cover document for that material, because it records the new circumstances and the correct answers in the Department's own format.

Living apart for work, study or family reasons

Couples who live apart for a period because of work, study or family duties have not necessarily separated. However, if your application says you live together and you no longer do, the answer about your address or household may be incorrect. A Form 1022 partner visa notification can explain the reason, the expected length of the arrangement and how the relationship continues, with evidence of ongoing contact and shared finances.

Birth of a child

A child born to a partner applicant after the application is made, and before it is decided, is generally taken to have applied for a visa of the same class at birth under regulation 2.08 of the Migration Regulations 1994. No separate application is needed for that child. The birth must still be reported, and the Department needs the birth certificate. A Form 1022 partner visa notification with the full birth certificate is the usual way to do this.

There is an important exception. Department policy notes that a child born in Australia acquires Australian citizenship at birth if a parent is an Australian citizen or permanent resident at the time of the birth. Because most sponsors are citizens or permanent residents, many children born during partner processing are Australian citizens from birth and are not added to the visa application at all. The birth should still be reported, because it changes the family composition and is strong evidence of the relationship.

New dependants

If a dependent child who is not a newborn comes into your family unit after lodgement (for example, a child from a previous relationship who now depends on you), the change must be reported. Adding that child to the application is a separate step that uses a different form, explained below in the section on Form 1436. Our Subclass 820 visa service page explains how children are included in an onshore application.

New criminal charges or convictions

The partner visa application asks about charges, convictions and other character matters. If the applicant is charged with an offence, convicted, or becomes subject to a court order after lodgement, the answer to those questions is no longer correct. A Form 1022 partner visa notification should report the change promptly and attach the charge sheet, court outcome or other official document. Many couples hesitate here. The duty to report does not depend on whether the outcome is known yet, and a later discovery by the Department is usually far more damaging than a prompt, accurate notice.

Changes in the sponsor's circumstances

Some changes to the sponsor make the applicant's answers incorrect. Examples include the sponsor moving overseas, the sponsor being charged with an offence, the sponsor's death, or a change in the sponsor's relationship status. If the sponsor dies, the Department's partner visa information directs the applicant to the same Notification of Relationship Cessation form in ImmiAccount. Our partner visa sponsorship limitations page explains the sponsor-side rules that can be affected by these changes.

Changes to contact details and passport

A new address, phone number, email or passport is a change. Whether it goes on Form 1022 or on a different form depends on what the change is, and is covered in the next section. In short, contact details and passport details are usually updated through ImmiAccount or Form 929, while a new address that also shows a change in the relationship (for example, moving out of the shared home) belongs in a Form 1022 partner visa notification with an explanation.

Which changes use a different form from Form 1022?

Some changes are not reported on Form 1022, because the Department has a more specific form or process for them. Knowing the limits of the Form 1022 partner visa process is as important as knowing what it covers. Using the right form avoids delay and makes sure the change reaches the right place in the Department's records.

Contact details and passport: ImmiAccount and Form 929

Section 52(3B) of the Migration Act 1958 requires an applicant to tell the Department about a change in their contact information. The Department's policy refers to "Form 929 - Change of contact and/or passport details" and to updates made through ImmiAccount. For applications lodged online, the Department's partner visa information tells applicants to report changes to contact details, address or passport through the "Update Us" function in ImmiAccount.

So, if the only change is a new phone number, email or residential address, and nothing about the relationship has changed, the ImmiAccount update (or Form 929) is the right tool. If you renew your passport, the new passport details are also updated this way, and a copy of the new passport biodata page should be provided. A Form 1022 partner visa notification is not needed for a pure contact detail change, although some applicants lodge one as well. Doing so is not wrong, but it does not replace the contact detail update.

The address change becomes a Form 1022 partner visa issue when it reflects something more. If one partner moves out, if the couple moves to different cities, or if the applicant moves overseas, the new address shows a change in the household. That should be explained on Form 1022 with evidence, not simply updated as an address.

Answers that were wrong from the start: Form 1023

Form 1022 is for answers that were correct when given and became incorrect later. Form 1023, "Notification of incorrect answer(s)", is for answers that were incorrect when they were given. Section 105 of the Migration Act 1958 requires a non-citizen who becomes aware that an answer in their application, or information given under section 104, was incorrect when it was given to notify an officer in writing of the incorrectness and the correct answer, as soon as practicable.

The difference matters. If you forgot to list a previous marriage, a child, a past visa refusal or an old conviction, that is not a change in circumstances. It is a correction, and it belongs on Form 1023. If you lodge a Form 1022 partner visa notification for something that was always true, the notice describes the problem inaccurately. Corrections of this kind can also raise questions under public interest criterion 4020, so they should be reviewed carefully before lodgement. Our guide to completing Form 80 without errors explains where these errors most often begin.

Appointing or changing a representative: Form 956 and Form 956A

Appointing a lawyer or migration agent is done with Form 956. Appointing an authorised recipient who receives correspondence but does not give immigration assistance is done with Form 956A. These forms are not Form 1022. If you change representatives, the new representative lodges a new Form 956. Our article on how to change your immigration lawyer explains the practical steps, and our guide on hiring an immigration lawyer after lodging your own application covers the position where you started alone.

Adding a dependent child: Form 1436

A dependent child who is not a newborn is not added by Form 1022. For the Subclass 820, Department policy says regulation 2.08B allows dependent children (only) to be added to the application at the applicant's written request, and that this may be done by completing Form 1436, "Adding an additional applicant after lodgement", and attaching it in ImmiAccount. The request must be made after the application is made and before it is decided, and the applicable charge must be paid.

For the permanent stage, Department policy says regulation 2.08A allows a dependent child to be added to the Subclass 801 or Subclass 100 application, but members of the family unit other than dependent children cannot be added after lodgement. To be granted the permanent visa, the child must generally hold a Subclass 820 or Subclass 309 visa, or a Subclass 445 visa, at the time of decision. This is technical. If a child joins your family after the first stage has been granted, get advice before you lodge anything.

The Form 1436 request and the Form 1022 partner visa notification often go together. The Form 1022 reports that the family unit has changed. The Form 1436 asks for the child to be added.

A newborn child: no application form, but a notice

As explained above, a child born after the application is made and before it is decided is generally taken to have applied at birth under regulation 2.08. No Form 1436 is needed for a newborn. A Form 1022 partner visa notification with the birth certificate is the usual way to report the birth.

Relationship ending: the Notification of Relationship Cessation form

For applications lodged online, the Department has a specific online form for reporting that the relationship has ended or that the sponsor has died. It is found in the Update Details area of ImmiAccount. The Department also accepts a signed Form 1022 attached to the Partner Processing Enquiry Form. Many applicants use both: the online form to alert the Department quickly, and a Form 1022 partner visa notification with a fuller written explanation and documents.

Form 1022 partner visa summary: which form for which change

• Marriage after lodging as de facto partners: Form 1022 with the marriage certificate.
• Separation or death of the sponsor: Notification of Relationship Cessation form in ImmiAccount, or Form 1022 through the Partner Processing Enquiry Form.
• Reconciliation: Partner Processing Enquiry Form with signed statements and identity evidence, with Form 1022 as a cover notice.
• New charge or conviction: Form 1022 with court documents.
• Newborn child: Form 1022 with the birth certificate.
• New dependent child (not newborn): Form 1022 to report, Form 1436 to add.
• New phone, email or address only: ImmiAccount "Update Us" or Form 929.
• New passport: ImmiAccount "Update Us" or Form 929, with the new biodata page.
• Answer that was wrong from the start: Form 1023.
• New representative: Form 956 or Form 956A.

How to complete a Form 1022 partner visa notification

Form 1022 is a short form, but each part has a purpose. Complete it in English, answer every question that applies, and keep the language factual. The current version of the form is set out in the following parts.

Questions 1 to 12: your details

The first part asks for your personal details: full name, date and place of birth, relationship status, passport details, other identity details, citizenship, residential and postal addresses, contact numbers, whether you agree to receive communication electronically, and your Department client number or file number.

For a Form 1022 partner visa notification, three points are worth checking:

• Relationship status. Give your status as it is now, not as it was when you applied. If you married, write married. If you separated, write separated.
• Addresses. Give your current residential address. If it has changed because of the change you are reporting, say so later in the form.
• Department reference numbers. Use the application identifier, transaction reference number or file number shown in ImmiAccount and on your acknowledgement letter. A notice that cannot be matched to the file is not much help.

Question 13: details of other applicants

This part asks for details of other applicants included in your application, such as a dependent child. It is not the place to add someone new. If you are reporting a newborn child, list the child here and attach the birth certificate. If a secondary applicant's own circumstances have changed, record it here and explain it in the next part.

Question 14: details of changes

This is the most important part of a Form 1022 partner visa notification. The form asks for the information that is no longer correct and the correct information. Write each change separately:

• What the original answer said.
• What has changed, and the date of the change.
• What the correct answer is now.
• Which documents are attached to support it.

Keep the explanation short and factual on the form itself. If the change needs a longer explanation (for example, a separation and later reconciliation, or the circumstances of a criminal charge), attach a separate signed statement and refer to it here. Do not argue the merits of the application on Form 1022. The purpose of the form is to give the new facts accurately.

Questions 15 and 16: visa and application details

These questions ask for details of any visa you have been granted, its dates and visa class, and the date you lodged your application. For an onshore applicant at the first stage, this means the Subclass 820 and Subclass 801 application and any bridging visa. For a Subclass 820 holder waiting for the permanent stage, it means the Subclass 820 grant details and the original application date. For offshore applicants, it means the Subclass 309 and Subclass 100 equivalents.

Question 17: declaration

The applicant signs and dates the declaration. Other applicants aged 18 or over included in the notice also sign. The declaration confirms that the information is true and correct. Read every answer before signing. A Form 1022 partner visa notification is information given to the Department, and false or misleading information in it has the same consequences as false or misleading information in the original application.

What to attach to a Form 1022 partner visa notification

Attach documents that prove the change. The Department should be able to understand and verify the change from the notice and its attachments alone, without needing to write back. Typical evidence for each change type is set out below.

Marriage

• The marriage certificate issued by the registry of births, deaths and marriages (for a marriage in Australia) or the official foreign marriage certificate with an accredited translation if it is not in English.
• If the marriage took place overseas, evidence that it is recognised as valid in Australia may be relevant. Our Subclass 820 visa guide and our article on Subclass 820 vs Subclass 801 explain how a married relationship is assessed.

Separation

• A short signed statement giving the date of separation and the current living arrangements.
• Evidence of the new address.
• If an exception is relied on (family violence, death of the sponsor, or a child of the relationship), the evidence for that exception, which must be prepared carefully. Our Schedule 3 partner visa waiver guide and our family violence page explain two situations where the evidence needs to be framed precisely.

Reconciliation

• A signed statement from each partner describing the separation, the reconciliation and the current relationship.
• Identity evidence for both partners.
• Fresh evidence across the four assessed aspects of the relationship from the date of reconciliation: joint finances, the shared household, social recognition of the relationship and the couple's commitment to each other. Our article on preparing evidence of a genuine relationship sets out the types of evidence that carry weight.

Living apart temporarily

• A signed statement explaining the reason, the dates and the plan to resume living together.
• Evidence of the reason (for example, an employment contract, enrolment confirmation or medical letter).
• Evidence of ongoing contact, visits and shared finances during the period apart.

Birth of a child

• The full birth certificate showing both parents.
• If the child is an Australian citizen at birth, evidence of the parent's citizenship or permanent residence may help the Department understand why the child is not being added to the application.

New dependent child

• Evidence of the relationship to the child (birth certificate or adoption documents).
• Evidence of dependency and custody, including any court orders or consent from the other parent.
• The completed Form 1436 and evidence that the charge has been paid, if the child is to be added.

Criminal charges or convictions

• The charge sheet, court attendance notice or summons.
• The court outcome, once known, including any sentence or order.
• If relevant, an updated police certificate. The Department may request new character documents later through a section 56 request for more information.

Changes in the sponsor's circumstances

• Evidence of the change (for example, the sponsor's new address overseas and the reason for it, or court documents if the sponsor has been charged).
• If the sponsor has died, the death certificate and the evidence needed for the relevant exception.

Translation and certification

Documents not in English should be accompanied by an English translation. When uploading to ImmiAccount, clear colour scans of the original documents are usually acceptable unless the Department asks for something different. Keep the originals, because the Department can ask to see them.

How to lodge Form 1022 in ImmiAccount

For applications lodged online, the usual way to lodge a Form 1022 partner visa notification is to attach the signed form and supporting documents to the application in ImmiAccount. Log in, open the application, and use the option to attach documents or the "Update Us" or "Update Details" function, choosing the most appropriate document type for each file. Keep a copy of the form and a screenshot or record of the upload.

The Department's partner visa information also refers to two partner-specific channels:

• The Notification of Relationship Cessation form, in the Update Details area of ImmiAccount, for a relationship that has ended or the death of the sponsor.
• The Partner Processing Enquiry Form, through which a signed Form 1022 can be provided when the relationship has ended or a reconciliation is being reported.

For a paper application, Form 1022 itself says to return the completed form to the office where you lodged your application or to the Department office responsible for it. If you are not sure where your application is being processed, check the latest letter from the Department or the details in ImmiAccount. Our guide on how to create an ImmiAccount explains how to link an existing paper application to an ImmiAccount if needed.

If you have a representative, the representative can lodge the Form 1022 partner visa notification through their own ImmiAccount. That keeps the notice on the same file as all other correspondence.

When must you lodge Form 1022?

You must lodge it as soon as practicable after the change. Section 104 does not set a fixed number of days. "As soon as practicable" means as soon as it is reasonably possible to give an accurate notice, taking into account the time needed to obtain the documents.

For most changes, that means within a short period after the event. A marriage can be reported as soon as the certificate is issued. A birth can be reported as soon as the birth certificate is available. A new charge should be reported promptly, even if the court outcome is not yet known, and the outcome can be reported later on a further notice.

On the question of Form 1022 partner visa timing after a separation, the position needs more care. The law still requires the change to be reported as soon as practicable. However, the content of the notice, the evidence for any exception and the safety of the applicant all need to be considered before it is sent. That is a reason to get advice quickly, not a reason to delay reporting.

What does the Department do after receiving a Form 1022 partner visa notification?

The Department records the new information on your file and takes it into account when deciding the application, or when considering whether you should keep a visa already granted. In most cases you will not receive a specific reply to a Form 1022 partner visa notification.

What happens next depends on the change:

• For a marriage, a birth or an updated contact detail, the Department will usually update its records and continue processing.
• For a reconciliation or a temporary period apart, the Department may ask for more information about the current relationship. Our guide to responding to a section 56 request explains how those requests work.
• For a separation, the Department will consider whether the applicant can still meet the time of decision criteria, including any exception. If it proposes to refuse on the basis of information it has, it may send a section 57 natural justice letter inviting comment.
• For a new charge or conviction, the Department may ask for court documents and may consider the character requirements.
• For a change in the sponsor's circumstances, the Department may consider whether the sponsorship can still be approved or remains in force.

A Form 1022 partner visa notification does not decide anything by itself. It is the start of the Department's assessment of the change. A well-prepared notice with complete evidence often means fewer follow-up requests.

What happens if you do not report a change?

Not reporting a change can lead to cancellation of the visa, refusal of the application and lasting damage to credibility. The Migration Act 1958 contains a set of provisions, sometimes called the incorrect information provisions, that begin with sections 101 to 105. Section 104 is one of them. Section 109 of the Act allows the Minister to cancel a visa if the holder did not comply with those provisions, after giving the holder notice and an opportunity to respond.

Visas can also be cancelled under section 116 on other grounds, including where the decision to grant the visa was based on a fact or circumstance that no longer exists. Our visa cancellations page explains how cancellation works and what can be done in response.

There is also the integrity criterion. Public interest criterion 4020 requires that there is no evidence that the applicant has given a bogus document or information that is false or misleading in a material particular in relation to the application. Information is false or misleading for this purpose if it was false or misleading at the time it was given and is relevant to the criteria for the visa. A later failure to update an answer is not automatically a PIC 4020 problem. But statements made later in the process (in a further Form 1022 partner visa notification, a response to a section 56 request, an interview or a Tribunal hearing) can become a PIC 4020 problem if they repeat information that is no longer true.

The practical risk is often the most serious. The Department frequently learns about changes from other sources: the sponsor, a former partner, a police record, or another application. If the Department learns about a separation or a charge before the applicant reports it, the applicant's credibility on every other issue is damaged. A prompt Form 1022 partner visa notification protects the credibility of the whole application.

What the Tribunal records show

Published Tribunal decisions in partner visa matters include cases where disclosure was central. In 1932846 (Migration) [2020] AATA 4032, a Subclass 309 matter, the recorded issues were the provision of false and misleading information through a failure to disclose a criminal record, and the waiver of the requirement on the basis of compassionate or compelling circumstances. In Yeung (Migration) [2020] AATA 4137, a Subclass 820 matter, the recorded issues included incorrect information in the visa application and in Department interviews. These decisions show how disclosure issues are examined in partner visa matters. They do not mean that the same outcome will follow in another case, and every waiver depends on its own facts.

Form 1022 at the second stage: Subclass 801 and Subclass 100

The duty continues through the second stage. Section 104(4) provides that the duty applies despite the grant of any visa. A Subclass 820 holder waiting for the Subclass 801, or a Subclass 309 holder waiting for the Subclass 100, must still report changes that make an answer in the application incorrect.

Department policy for the Subclass 100 says this directly. Although secondary applicants at that stage do not need to show they still belong to the family unit, applicants are still expected to notify the Department of changes in the composition of the family unit, for example as a result of birth, death or a change in relationship status. The Subclass 801 policy takes the same approach to newborn children: if the child is born before the Subclass 820 is granted, the child is added to both the Subclass 820 and Subclass 801 applications; if the parent already holds a Subclass 820, a child born in Australia also holds a Subclass 820 under section 78 of the Act, unless the child is an Australian citizen at birth.

For offshore applicants, section 104(3) has a specific effect. If the applicant is outside Australia when the Subclass 309 is granted, the duty under section 104(1) applies to changes after the application and before the applicant is immigration cleared. Because section 104(4) applies despite the grant of any visa, changes after the first stage that affect the undecided Subclass 100 application should still be reported. Our Subclass 309 visa page explains the offshore two-stage process.

At the second stage, the Department will ask for updated information and evidence that the relationship continues. A Form 1022 partner visa notification lodged during the waiting period, as changes happen, means the second stage assessment starts with a complete and consistent record. Our article on Subclass 820 processing times explains why that waiting period can be long, and our guide to the Subclass 820 partner visa explains what happens between the stages.

Reporting changes during a Tribunal review

If the partner visa has been refused and a review is before the Administrative Review Tribunal, changes should be reported to the Tribunal, because the Tribunal makes the decision on the facts as they are at the time of its decision. The Tribunal has its own procedures for giving it documents.

Published Tribunal decisions include many Prospective Marriage visa reviews where the couple married after the refusal and before the review was decided, notified the Tribunal of the marriage and provided the marriage certificate. Examples include Sage (Migration) [2019] AATA 4230 and Moustafa (Migration) [2019] AATA 267, the latter recording that the applicant was taken to have applied for other partner visas. These matters show why a change of circumstances during review should be reported promptly and with documents. Review deadlines are short and strictly applied, so if your visa has been refused, read our guide to partner visa refusal appeal options and our article on what to expect at an ART review. Our partner visa refusals page explains how the firm acts on these reviews.

Common Form 1022 partner visa mistakes

The same mistakes appear again and again in partner matters. Most of them are easy to avoid.

• Waiting until the second stage to report a change that happened years earlier. The duty is to report as soon as practicable, not when the Department asks.
• Using Form 1022 for an answer that was always wrong. That is a Form 1023 correction under section 105, and it should be described as such.
• Reporting only an address change when the real change is a separation. The address update does not tell the Department what has happened to the relationship.
• Lodging the form without evidence. A Form 1022 partner visa notification that says "we married" without the certificate usually leads to a request for it.
• Writing too much on the form itself. Keep the form factual and put longer explanations in a signed attachment.
• Assuming the sponsor will tell the Department. The duty belongs to the applicant.
• Forgetting secondary applicants. If a dependent child's circumstances change, that is a change too.
• Using Form 1022 to try to add a child. A dependent child is added with Form 1436, and a newborn is added by law under regulation 2.08.
• Assuming that the duty ends at the first grant. Section 104(4) says otherwise.

Many of these mistakes appear in applications that were prepared without advice. Our articles on partner visa lawyer vs doing it yourself, why partner visas get refused and the most common reasons Subclass 820 visas are refused explain how small errors become refusal grounds.

Special situations in Form 1022 partner visa matters

Some couples face a change at a point in the process where the right step is not obvious.

Applicants who applied without a substantive visa

Applicants who lodged a Subclass 820 application after their visa had ended may have relied on Schedule 3 criteria or a waiver. If the relationship changes, the basis on which the Schedule 3 waiver was sought may also change. Read our guide to Schedule 3 criteria for partner visas and our Schedule 3 waivers page before lodging a notice.

Applicants on a bridging visa

A change to the partner application can also affect the bridging visa that depends on it. If the partner application is withdrawn or refused, the bridging visa will eventually cease. Our guide to bridging visas in Australia and our article on work rights while waiting for a Subclass 820 visa explain how the bridging visa is linked to the substantive application.

Same-sex couples

The Form 1022 partner visa rules are exactly the same for same-sex couples. Our LGBTI partner visa page explains how the firm acts for same-sex couples.

New Zealand citizen family relationships

Applicants for the Subclass 461 visa are also visa applicants subject to section 104, and changes in their relationship with the New Zealand citizen should be reported in the same way.

Getting advice before you lodge a Form 1022 partner visa notification

Advice is most useful before the notice is sent, because the content of a Form 1022 partner visa notification becomes part of the permanent record. Once it is lodged, it cannot be taken back. A short review can confirm which form is right, what evidence is needed and how the change should be described.

If you already have a lawyer or agent and want another view, our article on getting a second opinion from an immigration lawyer explains what that involves. Our articles on when you need an immigration lawyer for a partner visa and urgent immigration lawyer advice explain how to prepare for a consultation when the change is recent. If you are comparing firms, our guide on how to choose the best partner visa lawyer in Australia sets out the questions to ask, and our article on booking an immigration lawyer consultation explains what happens in the first meeting.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for partner visa applicants and sponsors across Australia, with consultations by video. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and our general immigration pages for Sydney, Melbourne, Brisbane and Perth. Wherever you live, the firm can review a Form 1022 partner visa notification and the documents behind it by video and email.

How My Migration Lawyers helps with Form 1022 partner visa notifications

My Migration Lawyers acts in many partner visa matters where a change of circumstances has to be reported, and many of those matters are complex. They include couples who married after lodging as de facto partners, couples who separated and reconciled, applicants facing new charges, families with a new child or dependant, sponsors whose circumstances have changed, and applicants who discover that an earlier answer was wrong. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

On a Form 1022 partner visa matter, the firm first reviews the application as lodged, the evidence on file and the change itself, and identifies every answer that is now incorrect. It then confirms which form or channel is right for each change (Form 1022, Form 1023, Form 1436, the ImmiAccount update or the Notification of Relationship Cessation form). The firm prepares the Form 1022, drafts the attached explanation from the client's own account in the form the law requires, and organises the client's documents so that the Department can verify the change without further requests. Where the change raises a legal issue, such as an exception after separation, a character question or a sponsorship issue, the firm advises on that issue before the notice is lodged, and then acts on any section 56 request or section 57 letter that follows. The firm also prepares updated notices and evidence for the Subclass 801 and Subclass 100 stage, and acts on refusals and Tribunal reviews.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page, read our guide to partner visa lawyers, or send us a message through our contact page.

If something has changed since you applied and you are not sure how to report it, have the Form 1022 partner visa notification reviewed before it is lodged. Book a consultation or call 1300 040 300.