Partner Visa Approval Tips: What Case Officers Look For

What are the best partner visa approval tips?

The best partner visa approval tips are the ones that match what the case officer is legally required to assess. That means proving the relationship across all four assessed aspects, lodging a complete and consistent application, dealing openly with any weak points, and meeting the character, health and other criteria before the Department asks. Partner visa approval tips that ignore the law, such as "upload as many photos as possible", rarely help and sometimes harm.

A partner visa is decided by a delegate of the Minister under section 65 of the Migration Act 1958. The delegate must be satisfied that every criterion for the visa is met. For the relationship, the delegate applies section 5F of the Act for married couples and section 5CB for de facto couples, together with regulation 1.15A and regulation 1.09A of the Migration Regulations 1994. The Department's policy manual, known as PAM3, tells delegates how to apply those rules. This article uses that policy to explain what case officers look for and how applicants can respond to it.

These partner visa approval tips apply to the onshore Subclass 820 visa and its permanent stage, the Subclass 801 visa, and to the offshore Subclass 309 visa and Subclass 100 visa. Many of the same points apply to the Subclass 300 Prospective Marriage visa. For an overview of every partner visa pathway, read our complete partner visa guide.

Why generic partner visa approval tips often fail

Generic partner visa approval tips usually focus on volume: more photos, more messages, more documents. Volume is not the test. PAM3 tells delegates that their assessment must not be made by counting how many factors are satisfied against how many are not. The delegate must consider each relationship against all of the factors, take into account any other relevant information, and decide whether, on balance, the statutory requirements are met.

That instruction has two practical consequences. First, an application can be refused even if it contains hundreds of pages, because the pages do not answer the questions the delegate must answer. Second, an application with a weakness in one area can still succeed, because the delegate weighs everything together. The task is to give the delegate clear, relevant and reliable evidence for each part of the assessment. The partner visa approval tips in this article are built around that task.

What does a case officer look for in a partner visa application?

A case officer looks for evidence that the couple have a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately and apart on a permanent basis. Those are the requirements in section 5F(2) for spouses and section 5CB(2) for de facto partners. A married couple must also have a marriage that is valid for the purposes of the Act.

To decide those questions, the delegate must have regard to all of the circumstances of the relationship, including the four matters set out in regulation 1.15A(3) for married couples and regulation 1.09A(3) for de facto couples. PAM3 describes these four matters as circumstances to be considered, not as Schedule 2 criteria that must each be satisfied. The delegate decides the weight to give to each one, and can also consider any other relevant information.

The four matters are often wrongly described as four "statements" that the couple must write. That is incorrect. They are four assessed aspects of one relationship. The couple each provide one relationship statement, which covers all four aspects in a single account, and the documents and Form 888 supporting statements support those aspects. The most practical partner visa approval tips follow these four aspects closely.

The financial aspects of the relationship

The financial aspects cover any joint ownership of real estate or other major assets, joint liabilities, the extent of any pooling of financial resources, especially for major financial commitments, whether one partner owes any legal obligation to the other, and the basis on which day-to-day household expenses are shared. PAM3 gives examples such as a legally binding obligation one partner owes in relation to the other's loan, or a power of attorney.

Joint bank accounts are useful, but they are not the only evidence. Transfers between accounts for rent and bills, shared insurance policies, a joint lease, a car loan, or a will naming the other partner can all speak to the financial aspects. Couples who keep separate finances for cultural or practical reasons should explain how expenses are actually shared. A case officer does not expect every couple to merge their money. The case officer expects an honest explanation that matches the documents.

The nature of the household

The nature of the household covers the living arrangements of the couple, any joint responsibility for the care and support of children, and any sharing of responsibility for housework. PAM3 gives examples such as joint ownership of a home, a joint lease, joint rental receipts, joint utility accounts and correspondence addressed to either or both partners at the same address.

Evidence of the household should cover the whole period of living together, not only the last few months. Where the couple have moved, the application should show each address and the dates. Where one partner has not been on the lease, a letter from the landlord, bills in that partner's name at the same address, or official correspondence can fill the gap. Our partner visa document checklist sets out the common household documents.

The social aspects of the relationship

The social aspects cover whether the couple represent themselves to others as a couple, the opinion of their friends and acquaintances about the relationship, and any basis on which they plan and undertake joint social activities. PAM3 refers to declarations of the relationship to government bodies and commercial institutions, statements of parents, relatives and friends, joint membership of groups, joint travel and plans for the future.

PAM3 also tells delegates to take into account the extent to which the laws or traditions of the applicant's home country may discourage a couple from openly admitting the relationship. That matters for some couples, including many in a same-sex partner visa relationship. Where social evidence is limited for that reason, the reason should be explained, rather than leaving the delegate to assume that the relationship is hidden because it is not genuine.

The nature of the commitment

The nature of the commitment covers the duration of the relationship, the length of time the couple have lived together, the degree of companionship and emotional support they draw from each other, and whether they see the relationship as long term. PAM3 describes this as an assessment of the mutuality of the commitment. Both partners must be committed to each other, not only one.

Evidence of commitment includes the relationship statement of each partner, communication during periods apart, visits to each other's families, care during illness, shared plans for the future, and decisions such as naming each other as beneficiaries or next of kin. Commitment is the aspect most often argued in a refusal on genuineness grounds, so it deserves the same attention as the documents that are easier to collect. Our guide to evidence that a relationship is genuine explains this aspect further.

Partner visa approval tips for a decision-ready application

The single most important of all partner visa approval tips is to lodge an application that a case officer could decide on the day it is opened. A decision-ready application contains the evidence for every criterion, organised so that the delegate can find it, with any weak points already explained. It does not rely on the Department asking for more.

This matters because of the way the Migration Act works. Section 54 requires the Minister to have regard to all of the information in the application. Section 55 allows an applicant to give further information before the decision is made. Section 56 allows the Department to invite further information, but it does not require it to. In practice, a case officer who is not satisfied on the evidence can move to refuse, sometimes without any further request. An applicant who planned to "add more later" may never get that chance.

What a decision-ready partner visa application contains

A decision-ready application contains identity documents for both partners, evidence of the marriage or de facto relationship, evidence across each of the four assessed aspects, a relationship statement from each partner, Form 888 supporting statements, character documents, health examinations where they can be arranged, and the sponsorship material. It also contains a short explanation of any issue that the delegate is likely to notice, such as a previous visa refusal or a period living apart.

The detail of what to gather is covered in our partner visa evidence checklist and our guide to preparing evidence of a genuine relationship. This section is about the approach, not the list. Applicants who start the process by setting up their account should follow our guide on how to create an ImmiAccount before they begin uploading.

How to organise evidence so the case officer can follow it

Evidence should be organised so that the case officer can follow it without effort. Each document should be clearly named, legible, complete and placed in the correct evidence category in ImmiAccount. Documents in a language other than English need an accredited English translation. Long runs of bank statements or messages should be selected and, where helpful, highlighted to show the entries that matter.

Practical partner visa approval tips at this stage include: name each file by what it shows and the date range it covers; upload representative samples across the whole relationship rather than hundreds of similar items from one month; include a short index for large evidence sets; and make sure every date in a file name matches the date in the document. A case officer who can see the story of the relationship in a logical order is more likely to be satisfied than one who has to search for it.

Why there is one relationship statement, not four

Each partner should give one relationship statement that tells the history of the relationship in their own words and covers all four assessed aspects. There is no requirement to write a separate statement for the financial aspects, the household, the social aspects and the commitment. Splitting the account into four pieces usually makes it harder to read and creates more room for inconsistency.

A strong relationship statement covers how the couple met, how the relationship developed, when and how they committed to each other, when they began living together, how they manage money and the household, how their families and friends see them, any periods apart and why, any difficulties they have overcome, and their plans for the future. It should be specific. Dates, places and real events give a case officer something to rely on. General statements about love and happiness do not.

Both partners should write their own statement. The statements should agree on the facts but should not be copied from each other, because a case officer who sees identical sentences in two accounts may doubt that either was written by the person who signed it. Our guide to the partner visa relationship statement explains how to structure it. Among all partner visa approval tips, careful work on this one document often makes the largest difference to how a case officer reads the rest of the file.

Do partner visa approval tips differ for onshore and offshore applications?

Yes. The core partner visa approval tips are the same for every partner visa, because the relationship is assessed under the same provisions of the Act and the Regulations. The differences lie in the other criteria. An onshore Subclass 820 applicant must deal with the time-of-application criteria that apply in Australia, including Schedule 3 where the applicant does not hold a substantive visa, any "no further stay" condition and the section 48 bar. An offshore Subclass 309 applicant does not face those onshore issues, but must meet the location requirements for that visa.

Onshore applicants should read our Subclass 820 visa guide and our explanation of the Subclass 820 visa as the onshore partner visa. Our complete Subclass 820 partner visa guide covers the requirements in more depth. Whichever pathway applies, the relationship evidence, the statements and the consistency checks described in this article are the same.

When should you get legal advice on a partner visa application?

The right time to get legal advice is before lodgement, because many partner visa problems are fixed at the moment the application is made and cannot be repaired afterwards. Advice is particularly valuable where the applicant has a previous refusal or cancellation, holds no substantive visa, has a character or health issue, or where the sponsor has sponsored a partner before. Partner visa approval tips from general websites cannot assess those risks for a particular couple.

Applicants who have already lodged can still get help. Our articles on hiring an immigration lawyer after lodging your own application and getting a second opinion from an immigration lawyer explain what a lawyer can do at that stage. A lawyer who acts on the application is appointed through Form 956. For a broader view, see our guides on when you need an immigration lawyer for a partner visa, the differences between a migration agent and a lawyer for a partner visa and our overview of the role of a partner visa lawyer in Australia. Partner visa approval tips are most effective when they are applied to the actual facts of the case by someone who can see the whole file.

Consistency: the partner visa approval tip most applicants underestimate

Consistency across every document is one of the most important partner visa approval tips, because case officers compare the whole file and treat unexplained differences as a reason to doubt the relationship or the applicant's honesty. The visa application form, the sponsorship form, Form 80 personal particulars, both relationship statements, each Form 888 and the documents must tell the same story.

The common inconsistencies are simple. The date the couple met is different in two statements. The date they moved in together does not match the lease. A previous marriage or de facto relationship is listed by one partner and not the other. An address history in Form 80 does not match the addresses in the relationship statement. A Form 888 witness describes the couple living together at a time when the application says they lived in different countries. None of these may be deliberate, but each one gives the delegate a reason to ask questions. Partner visa approval tips that focus only on collecting more evidence miss this risk entirely.

Why consistency is a legal issue, not only a presentation issue

Consistency matters legally because of public interest criterion 4020, which applies to partner visas. PIC 4020 allows refusal where the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular. PAM3 explains that information is material if it might influence the decision maker's conclusion. A PIC 4020 refusal can also have consequences for later visa applications. Our article on why partner visas get refused explains how this criterion is used.

An innocent mistake is different from a false statement, and PAM3 recognises that. But the applicant must be able to show that it was a mistake. The best protection is to check every form against every document before lodgement, and to correct any error as soon as it is found. Practical partner visa approval tips for consistency include preparing a single timeline of key dates, addresses and relationship history, and checking every form and statement against it.

Consistency between the applicant and the sponsor

The sponsor's information is checked as closely as the applicant's. The sponsor's previous relationships, previous sponsorships, address history and any children must match what the applicant says. A sponsor who does not mention a previous partner they sponsored, or a child from an earlier relationship, creates a serious problem even if the omission was careless.

Partner visa approval tips for sponsors are therefore the same as for applicants: disclose everything the forms ask for and check it against the documents. Couples should also be ready for the possibility of an interview. PAM3 records that the assessment may require further investigation, such as interviewing both partners. Interviews are usually conducted separately. Partners who have each prepared their own accurate account will give answers that agree on the important facts, because those answers come from the same shared history, not from a script.

How should weak points be dealt with in a partner visa application?

Weak points should be dealt with openly, with an explanation and evidence, rather than being left for the case officer to find. Every relationship has features that a case officer may question. The most practical partner visa approval tips accept that and answer the question before it is asked. An explained weakness is usually far less damaging than one the delegate discovers alone.

A short relationship

A short relationship is not a bar to a partner visa, but it needs stronger evidence of commitment. For de facto applicants, the Migration Regulations generally require the de facto relationship to have existed for at least 12 months immediately before the application, unless an exception applies, such as a relationship registered under a prescribed State or Territory law or compelling and compassionate circumstances. Our articles on the de facto partner visa 12-month rule and whether 12 months of de facto relationship is really needed explain the exceptions.

For a short relationship, the key partner visa approval tips are to explain the timing and to prove commitment. Married couples with a short relationship should explain how the relationship developed, why they decided to marry when they did, and what they have done since to build a shared life. The evidence of commitment, such as plans that have been acted on, introductions to family and the support each partner gives the other, carries more weight where the relationship has a short history.

Periods apart

Periods apart are common and do not mean the relationship is not genuine, but they must be explained. The law requires that the couple live together or do not live separately and apart on a permanent basis. A temporary separation for work, study, family duties or visa reasons is consistent with that requirement if the relationship continued during it.

The evidence that helps most is evidence of continuing contact and continuing commitment during the separation: regular communication, visits, financial support, shared planning and the reason the separation was necessary. The relationship statement should give the dates, the reason and how the couple kept the relationship going. Where travel records will show the separation anyway, it is far better to explain it first.

An age gap or a different background

An age gap, a difference in culture or religion, or a language difference is not a ground for refusal, but it may draw closer attention from a case officer. The response is the same as for any other feature of a relationship: clear, specific evidence of how the couple met, how they communicate, how their families have responded and how they live together.

Partner visa approval tips for these couples are straightforward. Couples should not ignore the issue in the hope that it will not be noticed. Where the couple communicate in a shared second language, the statements should say so. Where one family was initially opposed to the relationship, the statements should say how that changed. These explanations show the delegate a real relationship with a real history.

Cultural or arranged marriages

An arranged marriage is recognised for migration purposes in the same way as any other valid marriage, provided both parties gave real consent. PAM3 states that the fact a marriage was arranged by relatives, friends or brokers does not itself affect its recognition. However, PAM3 also tells delegates to take particular care in assessing whether the couple have a mutual commitment to a shared life and whether the relationship is genuine and continuing.

For couples in an arranged or cultural marriage, the strongest partner visa approval tips are to explain the cultural practice plainly, to show how the couple came to know each other before and after the marriage, and to provide evidence of the shared life that followed. Where custom limited contact before the marriage, the statements should say so, and the evidence should focus on the relationship since. Forced marriage is a different matter: a marriage without real consent is not recognised.

Previous sponsorships and the sponsorship limitation

A sponsor who has sponsored a partner before, or who was sponsored as a partner, may be affected by regulation 1.20J. In summary, a person may be approved for no more than two partner or fiancé sponsorships, and a further sponsorship generally cannot be approved until at least five years after the earlier relevant visa application was made. The limitation can be waived in compelling circumstances affecting the sponsor.

Among partner visa approval tips for sponsors, this one is critical: the issue must be identified before lodgement, not after. PAM3 records that officers check departmental records for earlier sponsorships, so an undisclosed sponsorship will usually be found. The compelling circumstances argument, if one is needed, should be made with the application. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner explain the rules in more detail.

A poor visa history

A poor visa history, such as an earlier refusal, a cancellation, a breach of visa conditions or a period without a visa, does not automatically prevent a partner visa, but it must be dealt with openly. The Department already holds the applicant's immigration history. Leaving it out of the application, or giving an incomplete account, is far more dangerous than the history itself.

An applicant with a previous refusal should check whether section 48 applies and whether a partner visa can be made onshore; our article on a partner visa after a visa refusal explains this. An applicant who has had a visa cancelled should obtain advice from visa cancellation lawyers before lodging, because some cancellations carry further restrictions. An applicant who arrived on a visitor visa should read our guide on moving from a tourist visa to a partner visa.

Character and health readiness for a partner visa

Character and health readiness means confirming, before lodgement, that the applicant can meet the character and health public interest criteria, and preparing the documents that prove it. For a Subclass 820 visa, clause 820.223 requires the applicant to satisfy PICs 4001, 4002, 4003, 4004, 4007 and 4009, and PIC 4019 if the applicant was 18 or over at the time of application. Clause 820.226 adds PIC 4020 and PIC 4021.

Partner visa approval tips that ignore these criteria are incomplete. These criteria are separate from the relationship. A genuine relationship does not overcome a failure to meet them. Many partner visa approval tips focus only on the relationship evidence and overlook this part of the application, which is where some of the most serious refusals arise.

Character

PIC 4001 requires the applicant to satisfy the character test in section 501 of the Migration Act or to have the Minister decide not to refuse on character grounds. Applicants usually need police certificates from the countries where they have lived for the periods the Department specifies. The Department may also ask for Form 80, which requires a full personal history, including addresses, employment, travel and any criminal matters.

The most important character tip is complete disclosure. Every conviction, charge or police matter that the forms ask about must be disclosed, even if it is old, minor or from another country. PAM3 gives the example of an applicant who answers "no" to a question about convictions when departmental records show a conviction. That answer is false or misleading information relevant to PIC 4001, and can lead to refusal under PIC 4020 regardless of whether the applicant would have passed the character test. Applicants with any character history should take advice before lodging. Our firm also acts on visa refusals where these issues arise.

Health

PIC 4007 requires the applicant to meet the health requirement, usually shown through immigration medical examinations arranged through the Department. Partner visas are subject to PIC 4007, which includes a waiver that may be available in some cases where the applicant does not meet the health requirement. Health examinations should be completed as early as the process allows, so that any further test or referral does not delay the application.

Applicants with a known medical condition should disclose it accurately and should obtain medical reports early. Where a waiver may be needed, the evidence relevant to the waiver should be prepared before the Department asks for it. A health issue that is identified early is far easier to manage than one that emerges late in processing.

Schedule 3 and time-of-application issues for onshore applicants

Schedule 3 and the other time-of-application criteria decide whether an onshore applicant can be granted a Subclass 820 visa at all, and they are fixed at the moment the application is lodged. An applicant who does not hold a substantive visa when applying must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. That rule is in subparagraph 820.211(2)(d)(ii).

PAM3 is direct about what usually is not enough. As a general rule, a genuine relationship and the hardship of separation if the applicant has to apply outside Australia are not, by themselves, compelling reasons to waive Schedule 3. PAM3 says compelling reasons are more likely where circumstances beyond the applicant's control caused them to become unlawful or prevented them from becoming lawful. It also refers to the best interests of an Australian citizen child with a demonstrable link to the applicant. Delegates consider factors such as the applicant's compliance history, how long they have been unlawful, why they became unlawful, why they did not regularise their status sooner, their family composition and what steps they took to become lawful.

Applicants in this position should read our guides on Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver, and should obtain advice from our Schedule 3 waiver lawyers before lodging. The waiver submission and its evidence should go in with the application.

Other time-of-application traps

Other time-of-application issues include a "no further stay" condition such as condition 8503 on the applicant's current visa, which generally must be waived before a valid onshore application can be made, and the section 48 bar for applicants who have been refused a visa in Australia. Our article on applying for a Subclass 820 visa with condition 8503 explains the first issue.

Among the partner visa approval tips that matter most to onshore applicants, this one is simple: check the applicant's exact visa status, conditions and history on the day of lodgement, not from memory. Once the application is lodged, the time-of-application facts cannot be changed. An applicant who will need a bridging visa while the application is processed should also read our guide to Bridging visa A and working while waiting for a Subclass 820 visa.

Partner visa approval tips during processing: section 56 requests and section 57 letters

During processing, the most important partner visa approval tips are to respond to every request from the Department quickly, completely and within the time stated in the letter. The two most common letters are a request for further information under section 56 of the Migration Act and an invitation to comment on adverse information under section 57. Response periods are short and strictly applied, and they run from the date the letter is taken to have been received, so applicants should act on the day the letter arrives.

Responding to a section 56 request

A section 56 request invites the applicant to give additional information. It often lists specific documents, such as updated police certificates, further evidence of the relationship or health examinations. The request tells the applicant what the case officer still needs to be satisfied. It is an opportunity, not a formality.

Applying partner visa approval tips to a section 56 response means treating it as part of the application. A strong response provides every item requested, in the form requested, by the date given. Where an item cannot be obtained in time, the response should say why, provide what is available and show what steps have been taken. Where the request reveals a concern the applicant had not noticed, the response should deal with that concern directly. Our guide to responding to a section 56 request for more information explains the process in detail.

Responding to a section 57 letter

A section 57 letter gives the applicant particulars of information that the case officer considers would be the reason, or part of the reason, for refusing the visa, and invites the applicant to comment. It is often called a natural justice letter. Receiving one means the case officer is considering refusal on the basis of that information.

The partner visa approval tips that matter most here are precision and evidence. The response must engage with each item of adverse information. It should explain, correct or put into context the information, and attach evidence that supports the explanation. A general statement that the relationship is genuine is not a response to specific adverse information. This is the point at which many applicants first seek legal help, and the quality of the response can decide the outcome. Our article on the section 57 natural justice letter for a partner visa explains how to respond.

If a partner visa is refused despite a response, the applicant may have a right to review at the Administrative Review Tribunal. Review deadlines are short and strictly applied and run from the date the decision is notified, so action must start immediately. See our pages on partner visa refusals, partner visa appeal options and what to expect at an ART review.

Form 1022 and changes of circumstances during processing

Applicants must tell the Department about changes in their circumstances while the application is being processed, and Form 1022 is the form used for most changes. Section 104 of the Migration Act requires an applicant to notify the Department if circumstances change so that an answer given in the application becomes incorrect. That obligation continues until the visa is granted.

Keeping the file current is one of the simplest partner visa approval tips to follow. Changes that commonly need to be notified include a new address, a new passport, the birth of a child, a new criminal charge, a change in relationship status and a change in contact details. Some changes, such as a new passport, also need to be updated in ImmiAccount so that any grant is linked to the correct travel document. Our guide on Form 1022 change of circumstances explains when it is needed.

Failing to notify a change can create the same kind of consistency problem as an error at lodgement. A case officer who finds that the couple have moved, but the file still shows the old address, may wonder what else has not been disclosed. Simple partner visa approval tips during processing are to diarise a check of the application whenever anything changes, and to lodge the notification promptly.

When the relationship changes

If the relationship ends during processing, the applicant must notify the Department, and the consequences depend on the circumstances. Where the relationship has ended because of family violence by the sponsor, special provisions may allow the application to continue. Our page for family violence partner visa lawyers and our article on what happens if a Subclass 820 relationship breaks down explain the options. Applicants should obtain advice before telling the Department, so that the notification is accurate and complete.

Partner visa approval tips for the permanent stage

At the permanent stage, the case officer makes a fresh assessment of the relationship, so the evidence must show that the relationship is still genuine and continuing at the time of decision. PAM3 for the Subclass 801 visa states that the assessment of the relationship is a fresh assessment, based on the evidence before the delegate at the time of decision. The same applies in substance to the Subclass 100 visa after a Subclass 309 visa.

Paragraph 801.221(2)(d) provides that, in most cases, at least two years must have passed since the application was made before the Subclass 801 visa can be granted. There are exceptions, including where the couple were in a long-term partner relationship when the application was made, which generally means a relationship of at least three years, or at least two years if there is a dependent child of both partners. Our article comparing the Subclass 820 and Subclass 801 stages explains how the two stages work together.

What to prepare for the permanent stage

The permanent stage needs updated evidence across all four assessed aspects for the period since the first application, updated relationship statements, new Form 888 supporting statements and current character documents. PAM3 records that applicants may need a current police certificate for any country where they have lived for 12 months or more in total since the grant of the Subclass 820 visa.

The best partner visa approval tips for the permanent stage are to keep collecting evidence from the day of lodgement, not to start again two years later. Joint bills, bank statements, a renewed lease, travel together and family events should be kept as they happen. Couples who follow these partner visa approval tips from the start, and keep a continuous record, will find the permanent stage much easier, and the case officer will see a relationship that has continued without a gap.

What not to do in a partner visa application

The most damaging mistakes in partner visa applications are templated statements, inflated claims and generic witness statements, because each one undermines the credibility of the genuine evidence around it. These are the opposite of good partner visa approval tips, and each one is avoidable.

Do not use templates

Templates produce statements that read like every other statement the case officer has seen. A relationship statement copied from the internet, or two statements written from the same template, tells the case officer nothing about this couple and suggests that the couple did not write their own account. Each partner should write about their own relationship, in their own words, with real dates and events.

Do not inflate or invent claims

An inflated claim is a statement that goes beyond what the evidence shows, such as claiming the couple have lived together for longer than they have, or describing joint finances that do not exist. Inflated claims are often discovered when the documents are compared with the statements. They can lead to a refusal on genuineness grounds or under PIC 4020, even where the true relationship would have been enough. Honest evidence of a modest relationship is far stronger than an exaggerated account, and avoiding exaggeration is one of the partner visa approval tips that protects the whole application.

Do not rely on generic witness statements

A Form 888 that says only that the witness knows the couple and believes they are in a genuine relationship adds very little. A useful Form 888 explains how the witness knows each partner, for how long, what the witness has personally seen of the relationship and why the witness believes it is genuine and continuing. The Department may contact a witness, so every witness must be able to stand behind what they sign. Our articles on who can make a Form 888 and Form 888 example answers and common mistakes explain what a useful statement contains.

Do not lodge in a rush

Lodging an incomplete application to "get it in" is rarely a good idea unless there is a real reason, such as a visa that is about to expire. Even then, the time-of-application criteria must be checked first. An application lodged in haste with missing documents or unchecked forms often leads to a section 56 request, a section 57 letter or a refusal. Patience is one of the less obvious partner visa approval tips. Our articles on the most common reasons Subclass 820 visas are refused and on whether a partner visa lawyer is worth it compared with doing it yourself explain the risks.

How My Migration Lawyers prepares partner visa applications for approval

My Migration Lawyers prepares partner visa applications by applying the same tests the case officer will apply, before the application is lodged. The firm acts in many partner visa matters, including complex cases involving short relationships, long periods apart, previous sponsorships, Schedule 3, character history and earlier refusals. Our partner visa work is led by Weiwei Zhang, Principal Lawyer. The partner visa approval tips in this article reflect how the firm approaches each file.

On a typical matter, My Migration Lawyers takes these steps:

• Reviews the couple's visa history, sponsorship history, character history and current visa conditions before anything is lodged, to identify Schedule 3, section 48, condition 8503, regulation 1.20J and PIC 4020 risks.
• Builds a single timeline of the relationship, addresses and key events, and checks every form, Form 80 answer and document against it.
• Advises each partner on the content their own relationship statement needs to cover, across all four assessed aspects, so that each statement is accurate, specific and written in that partner's own words.
• Reviews every Form 888 supporting statement for relevance, accuracy and consistency, without supplying wording to the witness.
• Selects and organises the evidence so that the case officer can follow the relationship from the start, and prepares a submission addressing any weak point openly.
• Monitors the application during processing, responds to section 56 requests and section 57 letters, lodges Form 1022 notifications and prepares the permanent stage evidence.

My Migration Lawyers is capable of handling difficult partner visa matters, but it does not make promises about outcomes. Every partner visa is decided by the Department on its own facts. What the firm can do is present the client's own account and evidence in the form the law requires, deal with the risks before the Department raises them, and keep the application decision ready from lodgement to the permanent stage. Applying these partner visa approval tips with legal oversight helps a genuine relationship to be presented clearly, completely and in the form the case officer must assess.

Clients can learn more about My Migration Lawyers and our partner visa lawyers. The firm acts for clients across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Readers comparing firms can read our guides on choosing the best partner visa lawyer in Australia, in Sydney, in Melbourne and in Brisbane.

To have your application reviewed against these partner visa approval tips before you lodge, or to get help with a request from the Department, Book a Consultation. You can also call My Migration Lawyers on 1300 040 300.