Form 1221 for Partner Visa: Completing Your Details

A Form 1221 partner visa request asks the visa applicant to give the Department of Home Affairs additional personal particulars about their identity, employment, education, military service and travel. The form is short compared with Form 80, but it is read closely. Every answer on a Form 1221 partner visa response is compared with the rest of the file, including the application, the relationship statement and earlier visa applications.

This guide explains what Form 1221 is, when the Department asks for it in partner visa matters, who has to complete it and what each part of the form asks. It then covers how the Form 1221 partner visa answers fit with Form 80 and the other documents, how to handle gaps and estimated dates, how to upload the form in ImmiAccount, the deadline in the request, and what happens if an answer is incomplete or wrong. If you want an overview of the whole process first, our complete guide to partner visas in Australia explains every stage. If a request has already arrived and the timing is tight, our partner visa lawyers can review the request and your file before you respond.

What is Form 1221 for a partner visa?

Form 1221 is the Department of Home Affairs form titled "Additional personal particulars information". The Department describes it as a supplementary form required to support a visa application, to be completed in English by all applicants who are 16 years of age or over. It is not an application form. It does not lodge anything or create any right. It gives the Department further personal information it uses to assess the applicant.

In a Form 1221 partner visa matter, the form sits alongside the partner visa application itself. The online application already asks for much of the same information in a shorter form. Form 1221 asks for it again, in more detail, and under a signed declaration that the information is "complete, correct and up-to-date in every detail". The form also carries a warning that giving false or misleading information is a serious offence.

Form 1221 is used across many visa types. Parts of it apply to visitors, business visitors, students and researchers. Only some parts apply to a partner visa applicant. That is one reason people find the form confusing. A Form 1221 partner visa applicant has to work out which parts apply to them and answer those parts fully, rather than answering every part or skipping parts that do apply.

Why the Department uses Form 1221 in partner visa matters

The Department uses Form 1221 to fill gaps in the information it has about an applicant. A partner visa application is assessed against identity, character, public interest and relationship criteria. Each of those depends on accurate personal information. The Department may want a fuller employment history, a clearer picture of military service, or the details of the applicant's contact in Australia. Form 1221 gathers that information in a fixed format that can be checked against the Department's records.

For the Form 1221 partner visa applicant, the practical point is simple. The form is one more place where the applicant's history is written down. If it matches everything else, it supports the application. If it does not match, it can become the reason for further questions.

When does the Department request Form 1221 in a partner visa application?

The Department usually requests Form 1221 in a partner visa application through a written request for further information under section 56 of the Migration Act 1958, sent after the application has been lodged. Section 56 allows the Department to invite an applicant to give additional information before a decision is made. The request will name the form, say who must complete it and set a date by which it must be provided.

Not every partner visa applicant receives a Form 1221 partner visa request. Some applicants are asked for nothing beyond the documents uploaded at lodgement. Others are asked for Form 80, Form 1221, or both. The Department does not usually explain in the request why the form is wanted. The request is a step in processing, not a finding against the applicant.

Requests of this kind can arrive at any stage. For an onshore Subclass 820 partner visa, the Form 1221 partner visa request often comes while the temporary stage is being assessed. For an offshore Subclass 309 partner visa or a Subclass 300 Prospective Marriage visa, it can come at any point before the decision. Our guide to responding to a section 56 request for more information explains how these requests work in general.

Common triggers for a Form 1221 partner visa request

The Department does not publish a list of triggers. In practice, a Form 1221 partner visa request often follows where the application leaves part of the applicant's history unclear. Examples include:

• An employment history in the application that is short, vague or has periods that are not explained.
• Travel or residence in several countries, so that the Department needs a fuller picture of where the applicant has lived and worked.
• Military or national service, or a background where compulsory service is common.
• Several names, changed names or names written in a different script.
• A history of earlier Australian visa applications that recorded different details.

None of these means the application is in trouble. They mean the Department needs a complete and consistent record before it decides. The best Form 1221 partner visa response gives that record the first time, so that there is no reason to ask again.

Form 1221 requested with Form 80

The Department often requests Form 1221 and Form 80 together. When that happens, both forms must be completed, and the answers that overlap must be identical. Our guide to completing Form 80 without errors explains the longer form. The section below on the differences between the two forms explains how a Form 1221 partner visa response and a Form 80 response fit together.

Who completes Form 1221 in a partner visa matter?

Form 1221 is completed by each visa applicant who is 16 years of age or over and whom the Department has asked to complete it. In most partner visa matters that is the main applicant, the person seeking the visa. If the application includes secondary applicants, such as a child aged 16 or over, the request may name them too. Each person completes and signs their own form.

The Form 1221 partner visa request will name the person or people who must complete the form. Read it carefully. A request addressed to the applicant and a dependent child requires two forms, each signed by the person it relates to. One combined form does not satisfy a request for two.

Does the sponsor complete Form 1221?

The sponsor does not usually complete Form 1221, because the form is written for visa applicants. The sponsor's details are dealt with through the sponsorship part of the application and through any requests made directly to the sponsor, such as police certificates. If the Department wants a sponsor to complete a particular form, the request will say so expressly.

The sponsor still matters to a Form 1221 partner visa response. Part H of the form asks for the details of the applicant's contact in Australia, and for a partner visa applicant that is usually the sponsor. The sponsor's name, address and other details given in Form 1221 should match the sponsorship form and the application. Couples should check those details together before the applicant signs. Where a sponsor has sponsored before, or has a history that may limit sponsorship, our page on partner visa sponsorship limitations explains that separate issue.

Applicants under 16 and applicants with limited English

Applicants under 16 are not required to complete Form 1221, because the form is directed at applicants who are 16 or over. For older applicants, the form must be completed in English. An applicant who does not read English well can have someone help them fill in the form. The applicant must still understand every answer before they sign, because the declaration is theirs. A Form 1221 partner visa answer written by a helper who guessed at a date is still the applicant's answer in law.

What does Form 1221 ask? The parts of the form

Form 1221 asks for personal details, travel document details, travelling family members, current employment, full employment history, military service, education, a contact in Australia and a signed declaration, with further parts that apply only to particular visa types. The current version of the form is divided into Parts A to P. A Form 1221 partner visa applicant does not answer every part. The sections below explain what each asks and how it applies in a partner visa matter.

Part A: Primary applicant details

Part A asks for the applicant's full name as shown in the passport, the name in their own language or script where relevant, and any other names they have been known by. Other names include aliases, names at birth and previous married names. It also asks for date and place of birth, sex, citizenship and nationality with dates granted, relationship status, current residential address, proposed residential address in Australia and contact details.

For a Form 1221 partner visa applicant, three answers in Part A need special care:

• Other names. Every name used in any earlier Australian visa application, passport or official document should be listed. A name left out here can look like an attempt to hide an earlier record.
• Relationship status. The status must match the partner visa application and the relationship evidence. If the couple are married, the answer is married. If they are in a de facto relationship, the answer is de facto. Our guide to the de facto partner visa and the 12-month rule explains the de facto category.
• Residential address. The form states that post office boxes, mailbox addresses and the address of a migration agent or legal practitioner are not acceptable as residential addresses. The answer must be where the applicant actually lives.

Part B: Travel details

Part B asks for passport and travel document details, any national identity documents or numbers, the purpose of the journey or stay, intended arrival and departure dates, stopovers and how the trip is funded. Some of these questions are written for visitors. A Form 1221 partner visa applicant answers them in the context of a partner visa: the purpose of the stay is to live in Australia with their partner, and the funding question is answered honestly with reference to the applicant and the sponsor.

Passport details must match the passport currently linked to the application. If the applicant has renewed their passport since lodgement, that change should already have been notified. If it has not, the Form 1221 partner visa response is a good time to deal with it, using Form 1022 to notify a change of circumstances.

Part C: Travelling dependants and family members

Part C asks for the names, dates of birth, relationship and birthplace of family members travelling with the applicant, and whether they intend to study in Australia. In a partner visa matter, this usually means dependent children included in the application. The details must match the children's passports and birth certificates, and the children named in the partner visa application.

Parts D and E: Current employment and full employment history

Part D asks about current employment: employer name, address and telephone number, type of business, occupation, a detailed job description and the start date. If the applicant is not employed, it asks how they occupy their time. Part E asks for the applicant's entire employment history, including internships, work experience, self-employment and periods of unemployment, with dates from and to by month and year.

Part E is where most Form 1221 partner visa problems begin. The form asks for the entire employment history, not the last few jobs, and it expressly includes periods of unemployment. A history with months missing between jobs is incomplete. The section on gaps and estimated dates below explains how to deal with this.

Part F: Military service

Part F asks whether the applicant has had any military service and, if so, for details in chronological order: rank, unit, country of service, duties, country of deployment and dates. Applicants who completed compulsory national service should answer this question. Service that the applicant considers minor, such as a short period of conscription or reserve duty, is still service and should be disclosed. A Form 1221 partner visa applicant who answers "no" here and "yes" on Form 80 has created an inconsistency the Department will notice.

Part G: Education and qualifications

Part G asks for post-secondary qualifications, most recent first, with the institution, city or campus, year of award, qualification and main subjects. It also asks about recent workshops, training, conferences and seminars, and about any published academic or research papers. Qualifications should match the education history in Form 80 and in any earlier student or skilled visa application.

Part H: Contact in Australia

Part H asks for the details of the applicant's contact in Australia, such as a sponsor, relative or accommodation provider, including their name, relationship to the applicant, address, telephone numbers and employment details. For a Form 1221 partner visa applicant, the contact is usually the sponsoring partner. The relationship described should be the same relationship claimed in the application.

Parts I to N: Routing and visa-specific questions

Part I directs the applicant to the parts that apply to their visa type. Part J applies to visitor visas, Part K to business visas and Part M to student, academic and research visas. Part L applies to migration visas and asks whether the applicant has arranged study or employment in Australia. Part N asks about work intentions and any other details the applicant wants considered. A Form 1221 partner visa applicant follows the routing in Part I and answers the parts that apply to a migration visa.

Parts O and P: Additional details and declaration

Part O is space to continue answers that did not fit. Throughout the form, the instruction is that if there is not enough space, the applicant should give the details at Part O. Part P is the declaration. The applicant declares that the information is complete, correct and up to date in every detail, that they have read the privacy notice in form 1442i, and that the Department may collect, use and disclose their personal information. The applicant signs and dates it.

The declaration is the reason a Form 1221 partner visa response should never be rushed. Once it is signed, every answer is the applicant's formal statement to the Department.

Form 1221 vs Form 80: what is the difference?

Form 1221 collects additional personal particulars, while Form 80 is the longer "Personal particulars for assessment including character assessment" form, which adds detailed address and travel histories, family details, and character and security questions. Both forms are completed in English by applicants aged 16 or over when the Department asks for them. Both are signed under a declaration. They overlap heavily, and that overlap is where problems arise.

Form 80 asks for the applicant's residential address history and international travel history over a defined period, together with details of the applicant's partner, children, parents and siblings. It also asks a set of character questions about criminal history, military and security matters, and immigration history such as earlier refusals and removals. Form 1221 does not ask those character questions. It concentrates on identity, employment, military service, education, the contact in Australia and the purpose of the stay.

For a Form 1221 partner visa applicant, the overlap between the two forms covers:

• Names, other names, date and place of birth, and citizenship.
• Passport and national identity document details.
• Employment history and periods without work.
• Military service.
• Education and qualifications.

Where the Department has asked for both forms, the answers in each of these areas must be identical. Dates should be the same. Employer names should be spelled the same way. Military service should be described in the same terms. If an answer is estimated on one form, it should be estimated in the same way on the other. A Form 1221 partner visa response that is completed weeks after Form 80, from memory, is likely to differ in small ways. Small differences can still lead to questions.

Which form should be completed first?

Where both forms are requested, it is usually easier to complete Form 80 first, because it is the more detailed form. The employment, military and education answers from Form 80 can then be used as the source for the matching Form 1221 partner visa answers. Some applicants have already given a Form 80 earlier in the application. In that case, a copy of the earlier Form 80 should be in front of the applicant when they complete Form 1221.

If you have only been asked for Form 1221

If the request is for Form 1221 alone, complete only Form 1221. Do not send Form 80 unless it is requested. But do check whether a Form 80 was given earlier in this application or in an earlier application. If it was, the Form 1221 partner visa answers still need to match it, because the Department will have it on file.

Keeping Form 1221 partner visa answers consistent with your other documents

Every Form 1221 partner visa answer should match the partner visa application, the relationship statement, Form 80, the Form 888 statements, the supporting documents and every earlier visa application the applicant has made. The Department keeps records of earlier applications, and officers compare them. An inconsistency does not need to be deliberate to cause a problem. It only needs to be unexplained.

The partner visa application

The online application records the applicant's names, relationship status, address, employment and earlier travel. A Form 1221 partner visa response that gives a different current job, a different start date or a different address raises the obvious question of which answer is correct. If something has changed since lodgement, the change should be notified and explained, not simply written into Form 1221 without comment.

The relationship statement

There is only one relationship statement in a partner visa application. It describes how the couple met, when they started living together, any periods apart and their plans. Our guide to writing the partner visa relationship statement explains what it covers. Dates in that statement often overlap with employment and address answers in Form 1221. If the relationship statement says the couple moved to another city together in a particular month, the employment history in the Form 1221 partner visa response should show the applicant leaving the earlier job and starting work in the new city at about that time, or explain why not.

The Department assesses the relationship against the four assessed aspects: financial aspects, the nature of the household, social aspects and the nature of the commitment. A Form 1221 partner visa answer about where the applicant lived and worked can support or undermine what the couple say about the nature of the household. Our article on partner visa evidence and how to prove a genuine relationship explains how those aspects are assessed.

Form 888 statements and supporting documents

Form 888 statements from friends and family describe the relationship from their own knowledge. They sometimes mention where the couple lived or worked. Our guide on Form 888 and what it should actually say explains why accuracy matters. A Form 1221 partner visa answer that conflicts with a Form 888 statement on a basic fact, such as the city where the applicant lived, can lead to questions about both documents.

Supporting documents also carry dates: payslips, employment references, leases, bank statements and tax records. Before the Form 1221 partner visa response is signed, compare the employment dates with the payslips and references already on file. Our partner visa document checklist and our 820 partner visa evidence checklist list the documents most applicants provide.

Earlier visa applications

Earlier Australian visa applications are the most overlooked source of inconsistency. A visitor visa application lodged years ago may have recorded the applicant's job, employer, marital status or travel history at that time. A student or skilled visa application may have recorded qualifications and employment in detail. When the Department reads a Form 1221 partner visa response, it can compare it with those earlier records.

Published partner visa review decisions show how often this issue arises. Pham (Migration) [2021] AATA 4350 was a Subclass 820 matter involving false or misleading information in a previous visitor visa application, where the applicant had answered "married" while separated. TRUONG (Migration) [2024] AATA 680 was a Subclass 820 matter about marital status in a previous visitor visa application. Each was remitted on review. These decisions turn on their own facts. The general point is that answers given to the Department years earlier remain on the file and can be compared with a Form 1221 partner visa response today.

If an earlier application contains an answer that was wrong, do not repeat the error in Form 1221 to keep the record consistent. Give the correct answer and deal with the earlier error openly. The section on correcting mistakes below explains how.

Unexplained gaps, unknown dates and estimated dates

Form 1221 asks for an entire employment history, including periods of unemployment, so a complete Form 1221 partner visa response accounts for every month from the first job to the present without leaving unexplained gaps. A gap is any period between two entries that is not covered by another entry. The Department reads gaps as missing information, and missing information is a common reason for a further request.

How to fill a gap in your employment history

A period without paid work should be listed as its own entry. Describe what the applicant was doing. Examples include:

• Unemployed and looking for work.
• Full-time study, with the institution named.
• Caring for children or a family member.
• Travelling, with the countries named.
• Living with the sponsor in a named country while not working.
• Completing military or national service.

Each entry should have its own "from" and "to" dates, so that the entries join without breaks. A Form 1221 partner visa response that lists unemployment as an entry is more complete, and more credible, than one that skips over it.

When you do not know the exact date

The form asks for dates by month and year. It does not give a specific instruction for dates the applicant cannot remember. Where a date is not known exactly, the applicant should give their best estimate and say that it is an estimate. A short note at Part O can explain which dates are estimated and why, for example because the employer has closed or the records were lost.

Estimated dates should be estimated the same way across every document. If Form 80 says a job started in a particular month as an estimate, the Form 1221 partner visa response should give the same month. Two different estimates of the same date on two forms look like two different answers.

Do not leave a date blank or write "unknown" without explanation. A blank looks like an omission. An estimate with a reason looks like an honest answer from someone who does not have the record.

Checking dates before you sign

Before signing, check each date against whatever records exist: payslips, contracts, tax records, references, passport stamps and earlier visa applications. A simple timeline, written out on one page with every job, study period and gap in order, makes it much easier to see whether the Form 1221 partner visa entries join up. It also makes it easier to keep Form 80 and Form 1221 identical.

Names, scripts and translations in Form 1221

Form 1221 must be completed in English, either typed into the form or printed by hand in block letters, while names in another script go only in the field that asks for them. Part A asks for the applicant's name in their own language or script where it is written differently, and that is the place to give it.

Names and spelling

Names should be spelled exactly as they appear in the passport. Where a name has been spelled differently in other documents, such as a degree certificate or an earlier visa application, list the other spelling under other names, so that the Department can link the records. A Form 1221 partner visa response that uses one spelling, while an earlier application used another, without listing both, can make it look as though there are two different people.

Employer and institution names should also be written consistently. If an employer's name is usually written in another language, give it in English, and use the same English version on every form.

Translations of supporting documents

Supporting documents that are not in English generally need to be provided with an English translation. If the Form 1221 partner visa response refers to documents such as an employment reference, a military service record or a qualification in another language, attach the original and an English translation together. The Department's website explains its translation requirements, and those requirements should be checked before documents are uploaded.

The form itself is not translated. The applicant completes it in English. If the applicant needs an interpreter or a family member to explain the questions, that is acceptable, but the applicant must understand and agree with every answer before signing.

How to upload Form 1221 in ImmiAccount

Form 1221 is usually provided by completing the form, signing it, saving it as a PDF and attaching it to the partner visa application in ImmiAccount under the document type that matches the request. The Department's request will normally say how the form should be provided. Follow that instruction exactly.

The usual steps are:

• Download the current version of Form 1221 from the Department's website, so that you are not using an outdated form.
• Complete it in English, either by typing into the form or by printing it and writing in block letters.
• Print the declaration page, sign and date it, or sign it in the way the form allows.
• Scan or save the whole form as a single, clear PDF, with every page in order.
• Log in to ImmiAccount and open the partner visa application.
• Use the attach documents function and choose the evidence type that matches Form 1221 or the request.
• Upload the form, check that it has attached to the correct applicant, and keep a copy.

Our guide to creating an ImmiAccount explains the account setup. If the application was lodged by a representative, the form may need to be uploaded through the representative's account. Our guide to Form 956 and 956A explains how a representative is appointed and how correspondence is directed.

Attach the form to the right person

Where an application includes more than one applicant, each applicant's Form 1221 partner visa response should be attached to that applicant in ImmiAccount. A form uploaded against the wrong person may not be found by the officer looking for it. Check the applicant name next to the uploaded document before you finish.

Keep a copy of exactly what you sent

The form itself advises applicants to keep a copy of the completed form and all attachments. Keep the signed PDF exactly as uploaded. If the Department asks a follow-up question, or if the matter later goes to review, the applicant will need to know precisely what they said in the Form 1221 partner visa response.

The deadline in a Form 1221 partner visa request

The deadline for a Form 1221 partner visa response is the date stated in the Department's request, and it should be treated as fixed. Section 56 requests specify a period for the information to be given. If the form is not provided by then, the Department can make a decision on the information it already has.

Read the request on the day it arrives. Work out the date by which the form must be provided, and plan to upload it well before then. A form completed on the last day, without time to check dates against Form 80 and earlier applications, is the kind of form that contains mistakes.

If you cannot meet the deadline

If there is a real reason the form cannot be completed by the deadline, such as records that must be obtained from overseas, contact the Department in writing before the deadline, explain the reason and ask for more time. There is no guarantee that more time will be given. The Department's integrity policy notes that repeated requests for extensions without an acceptable reason can be a trigger for further investigation. Ask only where there is a genuine reason, and give the reason.

It is usually better to submit a complete form on time, with estimated dates explained, than to ask for an extension to look for exact dates. The Form 1221 partner visa response does not need to be perfect. It needs to be honest, complete and consistent.

What happens after you submit

After the form is submitted, the Department may decide the application, ask for more information, or write to the applicant about information it considers adverse. Processing does not usually pause for long because a form has been provided. Our guide to Subclass 820 visa processing times explains how timing works in onshore matters, and our Subclass 820 vs Subclass 801 article explains the two stages.

What happens if Form 1221 partner visa answers are incomplete or inconsistent?

Incomplete or inconsistent Form 1221 partner visa answers can lead to a further section 56 request, a section 57 natural justice letter and, if the Department finds that information was false or misleading in a material particular, refusal of the partner visa under public interest criterion 4020. The consequences become more serious at each step. Most can be avoided by a careful first response.

A further request for information

The mildest consequence is a further request. If a Form 1221 partner visa response leaves gaps, contradicts Form 80 or gives dates that do not match the documents, the Department may simply ask again. That costs time, and it puts the inconsistency on the record. A second response must explain the difference, not just give a new answer.

A section 57 natural justice letter

Section 57 of the Migration Act requires the Department, in many cases, to give the applicant particulars of information that would be the reason, or part of the reason, for refusing the visa, and to invite comment. In partner visa matters, this is often called a natural justice letter. If the Department relies on a conflict between the Form 1221 partner visa answers and an earlier application, the letter will usually identify the conflict and give a short time to respond.

The response to a section 57 letter is often the last chance to explain an inconsistency before a decision. Our guide to responding to a section 57 natural justice letter for a partner visa explains how to approach it. The explanation should be specific, supported by documents where possible, and honest about how the inconsistency happened.

Public interest criterion 4020

Public interest criterion 4020, often called the integrity PIC, 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 or a visa held in the 12 months before the application. The Subclass 820 primary applicant must satisfy it under clause 820.226, and it applies to the other partner visa subclasses as well. A Form 1221 partner visa answer is information given in relation to the application. If it is false or misleading in a material particular, PIC 4020 is engaged.

The Department's policy explains that refusal under PIC 4020 requires the information to have the quality of "purposeful falsity", following Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42. An innocent mistake that the applicant can explain should not lead to refusal on this ground. The policy also says the onus is on the applicant, when invited to comment, to explain why they did what they did and to show that it was a genuine mistake. That is why a clear explanation of any error in a Form 1221 partner visa response matters so much.

PIC 4020 refusals have consequences beyond the current application. The policy explains that a refusal on this basis can affect later visa applications by the applicant and members of their family unit for a period. The criterion can be waived in limited circumstances, including compelling or compassionate circumstances affecting the interests of an Australian citizen or permanent resident, but a waiver should never be relied on in place of accurate answers.

What the remittal decisions show

Several partner visa review decisions turned on personal particulars. Le (Migration) [2025] ARTA 2423 was a Subclass 820 matter involving incorrect residential information in the visa application. Burns (Migration) [2022] AATA 1657 was a Subclass 309 matter involving incorrect information about countries of previous residence. Soboh (Migration) [2026] ARTA 1955 was a Subclass 820 matter involving misleading information about the employment details of a secondary applicant. Ahmadi (Migration) [2023] AATA 2810 was a Subclass 309 matter where variations in recorded dates of birth were outside the applicant's control. Each was remitted on review. Each turns on its own facts, but together they show that addresses, residence, employment and dates of birth, the core content of a Form 1221 partner visa response, are exactly the details that become contested.

Refusal and review

If a partner visa is refused, the refusal letter will explain whether review is available at the Administrative Review Tribunal and the time limit. Review deadlines are short and strictly applied. Our guide to partner visa refused appeal options and our article on what to expect at an ART review explain the next steps. Our partner visa refusals service acts in these matters, and our broader visa refusals practice covers refusals of other visas that affect a partner application. Where a matter goes beyond the Tribunal, our judicial review practice explains the court process.

Correcting a mistake after you submit Form 1221

If you discover a mistake after submitting Form 1221, tell the Department in writing using Form 1023, "Notification of incorrect answer(s)", and give the correct answer with a short explanation. Do not wait for the Department to find the error. A mistake corrected voluntarily, with a clear explanation, is far easier to deal with than one the Department discovers.

The Migration Act imposes obligations on visa applicants about the accuracy of their information. Section 101 provides that visa applications are to be correct. Section 104 requires changes in circumstances to be notified. Section 105 requires particulars of incorrect answers to be given. The Department's Form 1023 states that if a person does not comply with requirements to advise the Department of incorrect information and give correct answers, their visa is liable to be cancelled.

Form 1023 or Form 1022?

Form 1023 is for an answer that was wrong when it was given. Form 1022 is for a change of circumstances, where an answer was right when given but is no longer right. A Form 1221 partner visa answer that gave the wrong start date for a job is corrected with Form 1023. A new job that started after the form was submitted is notified with Form 1022. Our guide to Form 1022 change of circumstances explains when that form is used.

How to explain the correction

The correction should state the question, the original answer, the correct answer and the reason for the error. Keep the explanation short and factual. For example: the applicant estimated the end date of a job from memory and has since found a payslip showing a later date. Attach the document that shows the correct answer, where there is one.

Where the same error appears on Form 80 or in the application, correct each document in the same notification. A Form 1221 partner visa correction that fixes one form and leaves the same mistake in another simply moves the inconsistency.

Correcting an earlier visa application

If the error is in an earlier visa application rather than the Form 1221 partner visa response, the position is more sensitive. The correct answer should still be given in the current application. Whether and how to address the earlier error depends on what it was, when it was given and what it relates to. That is a matter on which legal advice should be obtained before anything is sent, because the explanation will be read against PIC 4020 and, for a visa already granted, the cancellation provisions. Our visa cancellations practice acts where a notice of intention to cancel has been received.

Common Form 1221 partner visa mistakes

The most common Form 1221 partner visa mistakes come from completing the form quickly, from memory, without checking it against Form 80, the application and earlier visa applications. The mistakes we most often see are:

• Leaving periods of unemployment out of the employment history, so that the history has unexplained gaps.
• Giving different dates for the same job on Form 1221 and Form 80.
• Omitting a previous name, a previous married name or a different spelling used in an earlier application.
• Answering "no" to military service where the applicant completed compulsory national service.
• Giving the address of a representative or a post office box as the residential address.
• Describing the relationship status differently from the partner visa application.
• Signing the declaration before the sponsor has checked the sponsor's details in Part H.
• Uploading the form against the wrong applicant in ImmiAccount.
• Correcting an error by quietly giving a new answer, without telling the Department that the earlier answer was wrong.

Each of these is avoidable. Most are found by laying the Form 1221 partner visa response side by side with the application, Form 80 and the earlier applications before it is signed. Our guides to why Subclass 820 partner visas are refused and why partner visas get refused explain how documentary problems fit with the wider reasons for refusal.

Form 1221 in different partner visa situations

The Form 1221 partner visa request works the same way for every partner visa subclass, but the surrounding issues differ by situation. Onshore applicants for the Subclass 820 and Subclass 801 visas often have a long Australian visa history, which means more earlier applications to keep consistent. Our Subclass 820 partner visa guide and our 820 visa guide to requirements and documents explain those applications.

Applicants who first came as visitors should take particular care with what they said in the visitor visa application. Our article on moving from a tourist visa to a partner visa in Australia explains what to check. Applicants who lodged without a substantive visa also face Schedule 3. Our guide to Schedule 3 criteria for partner visa applicants and our Schedule 3 waivers page explain that issue. Those applicants should expect their personal particulars, including the period after their last substantive visa, to be read closely.

Same-sex couples complete exactly the same Form 1221 partner visa response as any other couple. Our LGBTI partner visa page explains how we act for same-sex couples. Where a relationship has ended during processing, or where there has been family violence, the issues are different again. Our article on what happens if the relationship breaks down during a Subclass 820 application and our family violence partner visa lawyers page explain those situations. Applicants with an earlier refusal should read our guide to applying for a partner visa after a visa refusal, because the earlier refused application will be on the file when the Form 1221 partner visa answers are assessed.

Getting advice on a Form 1221 partner visa request

Advice is most useful as soon as the request arrives, before any form is completed, because the main risk is inconsistency with documents already on the file. A lawyer can obtain and read the earlier records, compare them with the application, and identify problems before the form is signed.

If you lodged the application yourself and now have a request you are unsure about, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in. Our article on getting a second opinion from an immigration lawyer explains what a file review involves. If you are deciding whether you need help at all, see when you need an immigration lawyer for a partner visa, our comparison of a partner visa lawyer and doing it yourself, our guide to choosing a partner visa lawyer in Australia and our factual comparison of a partner visa migration agent or lawyer. Where the deadline is close, our guide to urgent immigration lawyer advice explains what to prepare, and our article on booking an immigration lawyer consultation explains what happens at 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, so a Form 1221 partner visa request can be dealt with wherever the couple live. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing representatives may find our guide on how to choose a partner visa lawyer in Australia useful. More of our partner visa writing is on the My Migration Lawyers blog.

How My Migration Lawyers helps with Form 1221 partner visa requests

My Migration Lawyers acts in many partner visa matters where the Department has asked for Form 1221, Form 80 or both, and many of those matters are complex. They include applicants with long Australian visa histories, applicants who have lived and worked in several countries, applicants with national service, applicants with name changes or names in another script, and applicants whose earlier visa applications recorded details that now need explaining. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

When a Form 1221 partner visa request arrives, the firm reads the request, identifies who must complete the form and confirms the deadline. It then gathers the applicant's earlier records, including the partner visa application, any Form 80 already given, the relationship statement and earlier visa applications, and builds a single timeline of names, addresses, employment, study, military service and gaps. That timeline becomes the source for the Form 1221 answers, so that the form matches the file.

The firm works through each relevant part of the form with the applicant, presenting the applicant's own history in the form the law requires. Where dates are estimated, the firm makes sure they are estimated consistently across every form and explained at Part O. Where an earlier answer was wrong, the firm advises on how to correct it with Form 1023 and how to explain it, before anything is sent. The firm then checks the sponsor's details in Part H with the couple, uploads the signed form against the correct applicant in ImmiAccount and keeps a record of exactly what was provided. If the Department later sends a further request or a section 57 letter, the firm prepares the response, and if a refusal follows, the firm acts on the 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 received a Form 1221 partner visa request and want your answers checked against your file before you sign, act before the deadline. Book a consultation or call 1300 040 300.