Form 1023 for Partner Visa: Correcting Answers

Form 1023 partner visa notifications are the formal way to tell the Department of Home Affairs that an answer in your partner visa application was wrong when you gave it. If you have found a wrong date, a missing previous relationship, an undeclared refusal or an incorrect address in your application, the law requires you to correct it. This guide explains the form 1023 partner visa process from start to finish.

The Form 1023 partner visa correction is not a formality. The way an incorrect answer is corrected, the explanation given, and the evidence attached can decide whether the Department treats the error as an innocent mistake or as information that is false or misleading in a material particular. This guide covers the legal duty in section 105 of the Migration Act 1958, the difference from Form 1022 and section 104, the incorrect answers that most often appear in partner visa applications, how to complete and lodge the form, public interest criterion 4020, the cancellation framework in sections 107 and 109, and when correction alone is not enough. If you already know your file has a serious problem, our partner visa lawyers can review it before anything is sent.

What is Form 1023 for a partner visa?

Form 1023 is the Department of Home Affairs form titled "Notification of incorrect answer(s)", and in a partner visa matter it is used to correct an answer that was incorrect when it was given. The form itself explains that several provisions of the Migration Act 1958 require a person to inform the Department of incorrect information given in a visa application, on a passenger card, or in a response to a notice inviting comment on possible non-compliance. The form states that this obligation remains even if the person is later granted a visa.

For a partner visa applicant, the form 1023 partner visa use is almost always the first of those three: an incorrect answer in the online application for the Subclass 820 and Subclass 801 partner visa, the Subclass 309 and Subclass 100 offshore partner visa or the Subclass 300 Prospective Marriage visa.

The form is short. It asks for the applicant's personal details, details of any partner or dependants included in the application, where the incorrect information was given, each incorrect answer and the correct details, why the incorrect information was provided, the visa and application details, and a signed declaration. Each other applicant aged 18 or over signs as well.

The form also carries warnings that every applicant should read before using it:

• If a person does not comply with the requirement to advise the Department of incorrect information and give correct answers, the visa is liable to be cancelled under the Migration Act 1958.
• If a visa has already been granted, the information on the form will be taken into account in deciding whether the person should continue to hold that visa.
• If the visa has not yet been granted, the information will be taken into account when the application is assessed.
• Cancellation of a visa that has been granted is not automatic, and a person in Australia will be given an opportunity to comment before a final decision is made.

Those warnings explain why a form 1023 partner visa notice needs care. It is a legal notice that the decision maker will read alongside everything else on the file.

The same rules apply to every couple. Same-sex couples, whom our LGBTI partner visa page addresses, face exactly the same duty to correct. So do visitors who moved onshore after arriving on a visitor visa, as our guide to moving from a tourist visa to a partner visa explains. The questions that most often produce errors are the ones explained in our 820 visa guide to requirements and documents and our Subclass 820 partner visa guide. Couples who prepared the application without help often find errors only when they later compare documents, a risk discussed in our article on a partner visa lawyer versus doing it yourself.

Form 1023 partner visa or Form 1022: which form do you need?

Use Form 1023 when an answer was wrong at the time you gave it, and use Form 1022 when an answer was right when given but has since become wrong because your circumstances changed. The two forms rest on two different sections of the Migration Act 1958, and choosing the wrong one can make the notice confusing.

Section 104: changes in circumstances

Section 104(1) provides that if circumstances change so that an answer to a question on a non-citizen's application form is incorrect in the new circumstances, the person must, as soon as practicable, inform an officer in writing of the new circumstances and of the correct answer in them. Subsection 104(4) provides that this obligation applies despite the grant of any visa. Subsections 104(2) and 104(3) set when the obligation applies, depending on whether the applicant is in Australia or outside Australia when the visa is granted.

Typical section 104 events in partner visa matters include a change of address, a new passport, a pregnancy or the birth of a child, a new job, travel, and a separation. Our guide to Form 1022 for a change of circumstances explains that process.

Section 105: particulars of incorrect answers

Section 105(1) provides that if a non-citizen becomes aware that an answer given or provided in his or her application form, an answer on a passenger card, information given under section 104, or a response given under section 107 was incorrect when it was given or provided, the person must, as soon as practicable, notify an officer in writing of the incorrectness and of the correct answer. Subsection 105(2) provides that this applies despite the grant of any visa.

That is the legal basis for a form 1023 partner visa notice. The key words are "incorrect when it was given". If the relationship start date in your application was wrong on the day you lodged, that is a section 105 matter and Form 1023 is the right form. If you moved house after lodging, that is a section 104 matter and Form 1022 is the right form.

When both forms are needed

Some situations involve both. Consider an applicant who declared one child in the application, but in fact had a second child from a previous relationship who was living overseas at the time of lodgement, and who has since had a third child with the sponsor. The undeclared second child is a form 1023 partner visa issue, because the answer was wrong when given. The new baby is a Form 1022 issue, because it is a change of circumstances. Using both forms, each with its own explanation, keeps the record clear about which answer was wrong from the start and which answer has changed since.

Section 101 is the starting point for both. It requires a non-citizen to complete the application form so that all questions are answered and no incorrect answers are given or provided. Sections 104 and 105 then deal with what happens when an answer becomes incorrect or is discovered to be incorrect.

The legal duty behind a Form 1023 partner visa notification

The duty in section 105 sits with the visa applicant, it must be met in writing, and it must be met as soon as practicable after the applicant becomes aware of the incorrect answer. Each of those three elements matters in a form 1023 partner visa matter.

The applicant carries the duty

The duty belongs to the non-citizen who gave the answer. In a partner visa application, that is the visa applicant and any secondary applicants included in the application. Section 98 of the Migration Act provides that a non-citizen who does not fill in his or her own application form is taken to have done so if the non-citizen causes it to be filled in, or if it is otherwise filled in on his or her behalf. An applicant cannot avoid the duty by saying a friend, a family member, the sponsor or a representative typed the answers.

The Department's policy on public interest criterion 4020 makes the same point. It states that it is the responsibility of the applicant to ensure the documents and information in the application are truthful and correct, even if a migration agent or third party is acting on their behalf, and that documents uploaded through ImmiAccount are considered to be given or caused to be given by the applicant.

The notice must be in writing

Section 105(1) requires the person to notify an officer in writing. Form 1023 is the Department's form for that purpose. A telephone call or an informal comment at an interview does not meet the requirement on its own. If an incorrect answer is first raised orally, for example at an interview, the applicant should still put the correction in writing promptly.

As soon as practicable

"As soon as practicable" is not defined by a fixed number of days. It means as soon as the applicant reasonably can, once they become aware of the error. A form 1023 partner visa notice lodged within days of discovering the error looks very different from one lodged months later, only after the Department has raised the issue. Delay invites the question of why the applicant did not act sooner, and that question goes to whether there was any intention to deceive. Where a decision may be close, our article on urgent immigration lawyer advice explains what to prepare, and the long wait described in our article on Subclass 820 visa processing times is not a reason to delay a correction.

The duty continues after grant

Both section 104(4) and section 105(2) state that the obligation applies despite the grant of any visa. A couple who discover an incorrect answer after the Subclass 820 visa is granted, while the Subclass 801 application is still being assessed, still have to correct it. Our article on Subclass 820 vs Subclass 801 explains the two stages, and the form 1023 partner visa duty runs through both of them.

Common incorrect answers in partner visa applications

The incorrect answers that most often lead to a form 1023 partner visa notice concern dates, previous relationships, children, immigration history, travel, addresses, employment, character and health. These are the questions where memory fails, where the online form asks for more detail than people expect, and where answers must match other documents on the file.

Relationship start date and dates of cohabitation

The date the relationship started, the date the couple began living together, the date of engagement and the date of marriage are central to any partner visa. They decide whether a de facto couple meets the 12 month requirement or needs an exception, as our article on the 12 month de facto rule explains. They also appear in the relationship statement, in Form 888 statements and in documents such as leases.

An incorrect date is often an honest error. People confuse the date they met with the date they became a couple, or the date they moved in with the date the lease started. However, the Department reads these dates closely, because they are relevant to whether the couple meet the definition of a de facto relationship or a spouse relationship. A form 1023 partner visa notice correcting a relationship date should explain where the wrong date came from and attach the documents that show the correct one.

Previous relationships and children

Applicants are asked about previous marriages and de facto relationships, and about all children, including children who are not included in the application. Leaving out a previous relationship or a child is one of the most serious incorrect answers in a partner visa matter. Previous relationships can be relevant to the validity of a marriage, to whether a de facto relationship is exclusive, and to sponsorship limitations. Children are relevant to the member of the family unit rules and to health and character requirements.

If a previous relationship or child was left out, the form 1023 partner visa notice should give full details, explain the omission honestly, and attach evidence such as a divorce order, a death certificate or a child's birth certificate.

Previous visa refusals and cancellations

Partner visa applications ask whether the applicant has ever been refused a visa or had a visa cancelled, in Australia or in another country. An applicant who answers "no" when there was a refusal, perhaps years ago and for a visitor visa, has given an incorrect answer. The Department usually holds its own records of Australian refusals and cancellations, so an incorrect answer here is often detected. Our article on applying for a partner visa after a visa refusal explains how earlier refusals affect a later application.

Travel history and addresses

Travel history and residential addresses are detailed questions, and errors are common. Applicants forget trips, list the wrong dates, or give an address history with gaps. Address history is also linked to the nature of the household, one of the four assessed aspects of a partner relationship. Where the address history in the application suggests the couple lived apart when they claim to have lived together, the error can look like a credibility issue rather than a typing mistake.

Employment and education

Employment and education history is asked in the application and in Form 80. Wrong dates, missing jobs, or a job described as full time when it was casual are common. Department policy gives an example of misleading information that is close to this: an applicant who states they are employed full time when they are in fact casual. Employment details matter in partner matters because they can be relevant to the financial aspects of the relationship.

Criminal history and character declarations

Character questions ask about convictions, charges and other matters in any country. An incorrect "no" answer to a character question is serious. Department policy gives the example of an applicant who declares "no" to a conviction question when Departmental systems show a conviction, and explains that this would be false or misleading information relevant to the character criterion. A form 1023 partner visa notice correcting a character answer should always be prepared with legal advice, together with police certificates and court documents.

Health declarations

Health questions ask about medical conditions, treatment and previous examinations. The Department's PIC 4020 policy confirms that information given to a Medical Officer of the Commonwealth falls within the scope of the criterion. An incorrect health declaration should be corrected in writing, and the correction should be consistent with what the applicant tells the panel physician.

Names, aliases and identity details

Applicants must declare every name they have used, including names at birth, names before marriage, different spellings and aliases. Different spellings across passports, birth certificates and marriage certificates are common, and the application should explain them. A missing alias or a wrong date of birth can raise identity concerns. Identity is treated very seriously: PIC 4020(2A) requires the applicant to satisfy the decision maker as to identity, and Department policy states that there is no benefit of the doubt in relation to identity.

How to complete Form 1023 for a partner visa

Complete Form 1023 by giving your full personal details, listing every incorrect answer beside the correct answer, explaining why each incorrect answer was given, and signing the declaration with every other adult applicant. The form is completed in English, typed into the PDF or printed in block letters. The form 1023 partner visa questions follow a simple order.

Questions 1 to 10: your details

The first part asks for the applicant's full name, date of birth, place of birth, relationship status, passport details, any national identity number, country of citizenship, residential address, address for correspondence, and any client number or file number issued by the Department. Use the same name and passport details as the partner visa application, unless the correction itself is about those details. Include the Department's client number or transaction reference if you have it, so the notice can be matched to the right file.

Question 11: other applicants

Question 11 asks whether a partner or dependants are or were included in the application, and asks for their details. In a partner visa matter, the Australian sponsor is not a visa applicant and is not listed here. Secondary applicants, such as dependent children included in the application, are listed.

Question 12: where the incorrect information was given

Question 12 asks whether the incorrect information was given in the visa application, on a passenger card or in Form 1022. For most form 1023 partner visa corrections, the answer is the visa application. If a previous Form 1022 contained an error, that box is ticked instead.

Question 13: the incorrect information and the correct details

Question 13 is the heart of the form. For each item, the form asks for the information that was incorrect and the correct details. List each error separately. Quote the incorrect answer as it appears in the application, then give the correct answer in full. For example:

• Incorrect: "Date we started living together: March 2023". Correct: "Date we started living together: 14 September 2023".
• Incorrect: "Have you ever been refused a visa? No". Correct: "Yes. Visitor visa refused in 2019".

If there is not enough space, the form allows additional details to be attached. A numbered attachment, matched to each item, makes the form 1023 partner visa notice easier to read.

Question 14: why the incorrect information was provided

Question 14 asks why the incorrect information was provided. This answer is read closely, and the next section of this guide explains how to approach it.

Questions 15 to 17: visa details and declaration

Questions 15 and 16 ask for the visa details, if a visa has been granted, and the application details, including the date of application. Question 17 is the declaration that the information on and with the form is true and correct in every detail. The form warns that giving false or misleading information is a serious offence. The applicant signs, and each other applicant aged 18 or over signs. A form 1023 partner visa notice must itself be accurate, because an error in the correction creates a second problem.

What explanation to give in a Form 1023 partner visa notice

The explanation should state, honestly and specifically, how the incorrect answer came to be given, and it should not minimise, shift blame or add claims the evidence cannot support. The explanation is where most form 1023 partner visa notices succeed or fail.

Why the explanation matters

The Department's PIC 4020 policy explains that, following the Full Federal Court decision in Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42, a visa cannot be refused under PIC 4020 where the applicant can explain an innocent mistake in information provided by them or on their behalf. The policy describes "purposeful falsity" in plain English as being intentionally untrue or incorrect, and says decision makers should consider whether the information was provided, or omitted, with an intent to deceive. The onus is on the applicant to explain why they did what they did and to show that their actions were a genuine mistake where that is the case.

A form 1023 partner visa explanation given early, before the Department raises the issue, is the applicant's first chance to put that explanation on the record.

What a good explanation contains

A good explanation usually covers:

• How the answer was prepared, and by whom.
• What the applicant understood the question to mean at the time.
• The source of the incorrect information, such as a misremembered date, a misread document or a misunderstanding of the term "de facto".
• When and how the applicant discovered the error.
• Why the applicant is correcting it now.
• Any other part of the file that contains the same error and is being corrected at the same time.

Department policy gives examples of matters that may not show purposeful falsity, such as a "no" answer to a character question where the applicant declared the conviction elsewhere in the application and provided the police certificate, and typographical errors that are not repeated, such as 10 Smith Street instead of 19 Smith Street. Where an error is of that kind, the form 1023 partner visa explanation should say so plainly.

What to avoid in the explanation

Avoid these common problems:

• Blaming a representative or family member without more. Department policy says ignorance is no excuse and an applicant cannot simply shift blame to a third party.
• Giving a vague reason such as "it was a mistake" with no detail.
• Giving a reason that contradicts other documents on the file.
• Adding new facts that were not in the application and are not supported by evidence.
• Writing an emotional plea instead of an explanation. Compassionate circumstances belong in a separate waiver submission, if one is needed.

Where the incorrect answer was deliberate, the explanation needs particular care, and legal advice should be obtained before anything is lodged. A form 1023 partner visa notice is not the place to make admissions without understanding their consequences.

Evidence to attach to a Form 1023 partner visa notice

Attach evidence that proves the correct answer and, where possible, evidence that supports the explanation for the error. An unsupported correction is weaker than one the decision maker can verify.

Useful evidence depends on the error:

• Relationship and cohabitation dates: leases, utility bills, bank statements showing a shared address, and dated messages or photographs. Our guide to partner visa relationship evidence explains what carries weight.
• Previous relationships: marriage certificates, divorce orders, separation evidence and death certificates.
• Children: full birth certificates, custody orders and evidence of where the child lives.
• Previous refusals or cancellations: the refusal or cancellation notice, if the applicant still has it.
• Travel history: passport stamps, boarding passes and travel records.
• Employment: employment contracts, payslips and reference letters.
• Character: police certificates and court records.

Every document should be genuine, complete and translated into English by an accredited translator where required. A form 1023 partner visa correction supported by a document that is later found to be bogus is far worse than no correction at all, because Department policy states that there is no provision for an applicant to undo the giving of a bogus document. Our partner visa document checklist and our 820 partner visa evidence checklist explain how documents are usually organised.

Lodging Form 1023 in ImmiAccount

For an online partner visa application, the completed and signed Form 1023 is usually uploaded to the application in ImmiAccount, together with the supporting evidence. The Department's visa pages tell applicants who made a mistake on their application to complete Form 1023 and upload it to ImmiAccount. Our guide to creating an ImmiAccount explains the account itself.

Practical steps for a form 1023 partner visa lodgement:

• Save the completed form as a PDF and check that every signature is present.
• Label the file clearly, for example "Form 1023 incorrect answer relationship start date".
• Upload the supporting documents as separate, clearly named files.
• Keep a copy of everything uploaded and a record of the date.
• If you have a representative, make sure the representative is properly appointed. Our article on Form 956 and 956A explains how.

Some incorrect answers can also be corrected in the online form itself where ImmiAccount allows an update to certain details. That function does not replace the written notice that section 105 requires. Where the error goes to a criterion for grant, a written form 1023 partner visa notice with an explanation is the safer course.

Correcting the Australian partner's sponsorship details

The sponsor's own answers in the sponsorship application are the sponsor's information, so errors in them should be corrected by the sponsor in writing, and the visa applicant should not try to correct them on the sponsor's behalf through Form 1023. Form 1023 is drafted for the visa applicant's own incorrect answers, and section 105 imposes the duty on the non-citizen who gave the answer.

Sponsor errors still matter to the visa applicant. Department policy on PIC 4020 explains that false or misleading information or a bogus document provided as part of the sponsorship process may be regarded as provided in relation to the visa application, and the question is then whether the applicant gave it or caused it to be given. Where the sponsor's answers concern the applicant, such as the relationship dates or the history of the relationship, they must match what the applicant has said.

Sponsor errors that commonly need correction include previous sponsorships, previous partners and the sponsor's own criminal history. Some of these are relevant to the sponsorship limitations in the Migration Regulations 1994. Our article on when a sponsor cannot sponsor a partner visa explains those limits. Where a sponsor error and an applicant error relate to the same fact, the two corrections should be prepared together, so that the form 1023 partner visa notice and the sponsor's written correction say the same thing.

Correcting answers in Form 80 or Form 1221

Errors in Form 80 or Form 1221 should be corrected in writing with a clear explanation, and a corrected form should usually be provided, because both forms are given to the Department in connection with the partner visa application and are read against it. Form 80 asks for personal particulars, and Form 1221 asks for additional personal particulars. Both contain long histories of addresses, employment, travel and family members.

Section 105(1) refers to answers in the application form. Whether a particular answer in Form 80 or Form 1221 falls within that phrase can be argued, but the practical answer is the same: the incorrect information should be corrected promptly and in writing. Department policy on PIC 4020 covers information given to an officer in relation to the application, which is wider than the application form itself.

A common approach is to lodge a form 1023 partner visa notice identifying the incorrect Form 80 or Form 1221 answers, together with a corrected and re-signed Form 80 or Form 1221. Our guide to Form 80 explains how to complete it without errors. Where the error appears both in the application and in Form 80, list both in the Form 1023 so that the decision maker sees one consistent correction.

Inconsistent statements across the relationship statement and Form 888 statements

Inconsistencies between the application, the relationship statement, Form 888 statements and documents are one of the most common triggers for Department concern, and a form 1023 partner visa notice should deal with them as a whole rather than one at a time. Department policy lists inconsistent or incomplete information, and claims that are inconsistent with earlier claims by the applicant or sponsor, among the triggers for further investigation.

The relationship statement

There is one relationship statement for the couple, describing the history of the relationship and the four assessed aspects: the financial aspects, the nature of the household, the social aspects and the nature of commitment. If the relationship statement gives a different date of meeting, a different date of moving in, or a different account of a separation, the decision maker will notice.

Form 888 statements

Form 888 statements are written by friends and family to support the relationship. Witnesses often recall dates loosely. A Form 888 statement that says the couple "have lived together for three years" when the application says eighteen months creates an inconsistency, even if the witness was simply wrong. Our guide to Form 888 example answers and common mistakes explains how to avoid this.

Fixing inconsistency without creating new problems

Where the incorrect answer is in the application, a form 1023 partner visa notice corrects it. Where a Form 888 statement is wrong, the witness may need to give a new Form 888 statement that corrects the earlier one and explains the error. Where the relationship statement is wrong, a supplementary statement from the couple should identify and correct the error.

The goal is a file that tells one consistent, accurate story. Rewriting every document to match a new version of events is not the goal, and it can create the very impression of fabrication the couple wants to avoid. Our guide to preparing evidence of a genuine relationship explains how consistent evidence is built.

Why prompt correction matters: PIC 4020 and the form 1023 partner visa

Prompt correction matters because public interest criterion 4020 allows a partner visa to be refused where the applicant gave information that was false or misleading in a material particular, and an early, honest correction is strong evidence that an error was innocent rather than deliberate. PIC 4020 is a criterion for the partner visa subclasses, and it is the provision that gives a form 1023 partner visa notice its real weight.

What PIC 4020(1) requires

Department policy summarises PIC 4020(1) as requiring that there is no evidence that the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular, in relation to the current visa application or a visa the applicant held in the 12 months before the application was made. The information can have been given to the Minister, an officer, the Administrative Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth.

PIC 4020(5) defines information that is false or misleading in a material particular as information that is false or misleading at the time it is given, and relevant to any of the criteria the Minister may consider in deciding the application, whether or not the decision is made because of that information. Department policy refers to Khan v Minister for Immigration and Citizenship [2011] FCA 75, where the Federal Court described material information as information that might influence the decision maker's conclusion.

Does correction remove the problem?

No, correction does not change the fact that an answer was false when it was given, but it is highly relevant to whether that answer had the quality of purposeful falsity. PIC 4020(5) looks at the information at the time it was given. A later correction cannot make the original answer true. However, following Trivedi, a refusal under PIC 4020 requires purposeful falsity, and the decision maker must consider whether there is an innocent explanation. A form 1023 partner visa notice lodged voluntarily, promptly and with a credible explanation is usually the best evidence an applicant can offer on that question.

Department policy also states that PIC 4020(3) applies whether or not the decision maker became aware of the false information because of information given by the applicant. In plain terms, self-reporting does not by itself protect the applicant. It is the honesty and quality of the explanation that matters.

Bogus documents cannot be corrected

Department policy states that although there is clear opportunity for an applicant to correct incorrect information, whether due to inaccurate answers or changes in circumstances, there is no provision for an applicant to undo the giving of a bogus document. The policy gives the example that a later genuine marriage certificate does not change the fact that a bogus marriage certificate was already given. Section 5(1) of the Migration Act defines a bogus document. A form 1023 partner visa notice is not a cure for a bogus document, and anyone in that position needs legal advice before taking any step.

The non-grant period

Where a visa is refused because the applicant fails PIC 4020(1), PIC 4020(2) means that the applicant, and members of the applicant's family unit, may not satisfy PIC 4020 in a later application made within three years after that refusal. Department policy describes this as the three year non-grant period. A refusal for failing the identity requirement in PIC 4020(2A) leads to a ten year non-grant period under PIC 4020(2B), with no waiver. Policy also notes that the non-grant periods do not apply to an applicant who was under 18 when the refused application was made.

The PIC 4020(4) waiver

PIC 4020(4) allows the decision maker to waive PIC 4020(1) and PIC 4020(2) if satisfied that there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, that justify the grant of the visa. The waiver does not apply to the identity requirements.

In partner visa matters, the Australian sponsor and any Australian children are often the people whose interests are relevant. Department policy lists factors such as an Australian child under 18 who would be adversely affected, significant health or welfare issues affecting an Australian citizen or permanent resident, and the continuing separation of immediate family members. The policy also notes that, in the partner visa context, the bonds between partners and the consequences of separation differ from one relationship to another. The interests of the applicant alone are not relevant to the waiver. A form 1023 partner visa correction that raises a serious issue should be followed by a carefully prepared waiver submission if PIC 4020 is put in issue.

Form 1023 partner visa corrections after grant: sections 107 and 109

After a visa is granted, an incorrect answer can expose the visa holder to cancellation under section 109 of the Migration Act, following the notice process in section 107, and cancellation can occur whether or not the non-compliance was deliberate. This framework sits in Subdivision C of Division 3 of Part 2 of the Act, headed "Visas based on incorrect information may be cancelled".

The notice under section 107

Section 107 is headed "Notice of incorrect applications information". It allows the Minister to give the visa holder a notice setting out the particulars of a possible non-compliance with sections 101 to 105, and inviting a response. Section 105(1)(d) provides that a response given under section 107 must itself be corrected if it was incorrect, so the response must be accurate.

Decision and cancellation

Section 108 deals with the decision about whether there was non-compliance, and section 109 allows the Minister to cancel the visa if there was non-compliance. Section 111 is headed "Cancellation provisions apply whether or not non-compliance deliberate". An innocent error can therefore still ground cancellation, although whether the visa should be cancelled is a separate decision. Section 107A deals with possible non-compliance in connection with a previous visa. If a section 109 cancellation is later set aside, section 114 provides that the visa is taken never to have been cancelled.

The Form 1023 warnings reflect this framework: the information given on the form after grant will be taken into account in deciding whether the person should continue to hold the visa, and a person in Australia will be given an opportunity to comment before a final decision. Our visa cancellations practice acts for people who receive a notice of intention to consider cancellation. A form 1023 partner visa notice after grant should be prepared with that possibility in mind.

Why the PIC 4020 policy does not apply to cancellation

Department policy on PIC 4020 states that PIC 4020 is a criterion for grant, not a ground for cancellation. After grant, the relevant provisions are the cancellation powers, including section 109. That is why a correction made while the application is still being assessed and a correction made after grant are assessed under different provisions, even though the form 1023 partner visa notice looks the same.

What happens after you lodge a Form 1023 partner visa notice

After lodgement, the decision maker reads the notice with the whole file and may accept the correction, ask for more information under section 56, or invite comment under section 57 if the information could be a reason to refuse. There is no automatic acknowledgement that the correction has been accepted.

Section 56 requests

Section 56 allows the Department to ask for more information. Department policy states that if a decision maker suspects fraud but does not have information that can be put under section 57, the decision maker should request further information under section 56. Our guide to responding to a section 56 request explains how those requests work.

Section 57 natural justice letters

Section 57 requires the decision maker to give the applicant particulars of certain adverse information that would be the reason, or part of the reason, for refusal, ensure as far as reasonably practicable that the applicant understands why it is relevant, and invite comment. Department policy states that where PIC 4020 is being considered, the applicant must be given an opportunity to comment, and that a section 56 request cannot be used for that purpose. The policy also states that the applicant must be invited to provide reasons why PIC 4020 should be waived. Section 57 applies to information that was not given by the applicant for the purposes of the application, so a natural justice letter often relies on Departmental records or third party information. Our article on the partner visa section 57 natural justice letter explains how to respond.

A natural justice letter about incorrect information should be answered within the time given, addressing each issue the letter raises, with evidence. Department policy states that any response received before a decision must be considered, even if late, but no applicant should rely on that.

If the partner visa is refused

If the partner visa is refused because of PIC 4020 or another criterion affected by incorrect information, the refusal may be reviewable by the Administrative Review Tribunal. Review deadlines are short and strictly applied, so the refusal letter must be read on the day it arrives. Department policy notes that a PIC 4020 non-grant period remains in effect until the Tribunal reaches a decision. Our guides to partner visa refused appeal options and what to expect at an ART review explain the next steps, and our partner visa refusals service acts in those matters.

What Tribunal decisions show about incorrect information in partner visas

Tribunal decisions recorded in partner visa remittal databases show that incorrect information is reviewed closely, that previous relationships and earlier applications are a recurring theme, and that waiver and innocent explanation arguments are considered on the facts of each case. The decisions below were remitted to the Department for reconsideration. They are described only by the issue recorded for each decision.

• PALASIT (MIGRATION) [2026] ARTA 1914 (Subclass 820): false or misleading information, a previous relationship not declared, the element of fraud or deception, and the discretion to waive the criterion.
• Pham (Migration) [2026] ARTA 1917 (Subclass 820): a remittal from the Federal Circuit and Family Court concerning false or misleading information, where a previous application as a secondary applicant with a first husband was not declared.
• Zhao (Migration) [2024] ARTA 841 (Subclass 820): misleading information in a previous visa application about the end date of a previous marriage.
• Le (Migration) [2025] ARTA 2423 (Subclass 820): incorrect residential information in the visa application, considered with the genuine and continuing relationship.
• Soboh (Migration) [2026] ARTA 1955 (Subclass 820): misleading information about the employment details of a secondary applicant.
• Zefi (Migration) [2022] AATA 1412 (Subclass 300): false and misleading information about the sponsor's identity, further identity documents on review, and a minor typographical error.
• HASSAN (Migration) [2019] AATA 6523 (Subclass 300): false or misleading information, with PIC 4020 waived where a dependent child had been born of the relationship.

These decisions turn on their own facts and do not predict the result of any other matter. They show the kinds of issues a form 1023 partner visa notice should address before they reach a refusal: undeclared previous relationships and earlier applications, wrong addresses and employment details, identity details, and the circumstances relevant to waiver.

When Form 1023 alone is not enough

A form 1023 partner visa notice is enough on its own only where the error is simple, clearly innocent and fully proved by the attached evidence. In many matters, more is needed.

More than a Form 1023 is usually needed where:

• The incorrect answer was given in an earlier application, such as a visitor or student visa, and is now inconsistent with the partner visa application.
• The error concerns a previous relationship, a child, a refusal, a cancellation or a criminal matter.
• A document provided with the application may be a bogus document.
• The correction affects whether a criterion is met, for example the 12 month de facto requirement or the sponsorship limitations.
• The relationship statement, Form 888 statements, Form 80 or sponsorship contain the same error.
• The applicant held no substantive visa at lodgement, so Schedule 3 criteria and possibly a Schedule 3 waiver are also in issue.
• The relationship has broken down, or family violence is involved. Our article on relationship breakdown during a Subclass 820 application and our family violence partner visa lawyers explain those situations.
• A section 57 letter or a notice under section 107 has already arrived.

In these cases, the notice should form part of a planned response: a legal submission addressing the relevant criteria, PIC 4020 and the waiver, consistent supporting statements, and evidence organised against each issue. Our guides to why Subclass 820 partner visas are refused and why partner visas get refused explain how these issues lead to refusals.

Common Form 1023 partner visa mistakes

The most common form 1023 partner visa mistakes are delay, a vague explanation, a correction that creates a new inconsistency, and using the wrong form. The mistakes seen most often in practice are:

• Waiting to see whether the Department notices the error before correcting it.
• Using Form 1022 for an answer that was wrong from the start, which can make the error look like a later change.
• Writing "typing error" for an answer that was plainly not a typing error.
• Correcting the application but not the relationship statement, Form 888 statements or Form 80.
• Attaching documents that do not prove the corrected answer.
• Blaming the sponsor, a relative or a representative without explaining the applicant's own role.
• Leaving out other applicants' signatures where they are required.
• Lodging a correction after a section 57 letter without answering the letter itself.

Each of these can be avoided by reviewing the whole file before the notice is lodged. If you prepared the application yourself, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can take over, and our article on getting a second opinion from an immigration lawyer explains what a file review involves.

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. Where an incorrect answer sits alongside other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guides on how to choose a partner visa lawyer in Australia, in Sydney and in Melbourne useful, as well as our factual comparison of a partner visa migration agent or lawyer.

How My Migration Lawyers helps with Form 1023 partner visa corrections

My Migration Lawyers acts in many partner visa matters where an incorrect answer has been found, and many of those matters are complex. They include undeclared previous relationships and children, earlier refusals that were not disclosed, wrong relationship and cohabitation dates, inconsistencies between the application, the relationship statement and Form 888 statements, errors in Form 80 and Form 1221, sponsor errors, and corrections made after a section 57 letter or after grant. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

On a form 1023 partner visa matter, the firm starts by reviewing the whole file: the online application, Form 80 and Form 1221, the sponsorship, the relationship statement, every Form 888 statement, earlier visa applications where they can be obtained, and the documents already uploaded. The firm identifies every answer that is incorrect, decides whether each one is a section 105 matter for Form 1023 or a section 104 matter for Form 1022, and assesses the PIC 4020 risk and, after grant, the cancellation risk.

The firm then prepares the Form 1023 with each incorrect answer and its correct answer set out clearly, and presents the client's own explanation of how each error occurred, in the client's own account and in the form the law requires. The firm organises the supporting evidence against each item, prepares corrected Form 80 or Form 1221 where needed, and arranges corrective statements so that the file tells one consistent story. Where PIC 4020 is in issue, the firm prepares submissions on purposeful falsity and on the PIC 4020(4) waiver, and responds to section 56 requests, section 57 letters and section 107 notices. Where a refusal follows, the firm acts on visa refusals and Tribunal reviews, and where needed on judicial review.

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

If you have found an incorrect answer in your partner visa application, have it reviewed before you lodge a form 1023 partner visa notice. Book a consultation or call 1300 040 300.