Partner Visa Checklist

What is a partner visa checklist and why should it be a set of checks?

A partner visa checklist is a structured set of checks that confirms an application will be valid when it is lodged and that the applicant, the sponsor and every family member can meet each legal criterion for the visa. A list of documents is only part of that work. Two applications can contain the same documents, and one can still fail because the applicant held a visa with condition 8503, lodged while subject to section 48 without the required forms, or gave a date of birth that does not match an earlier visa record.

That is why this partner visa checklist is organised as checks rather than as a shopping list. If you want a plain list of documents, the partner visa document checklist and the 820 partner visa evidence checklist already cover what to gather. This article explains what a lawyer tests before pressing submit, and what must be managed after lodgement until the permanent visa is decided.

The partner visa checklist below follows the order in which problems usually arise:

• validity checks on lodgement day;
• identity document checks;
• relationship evidence checks;
• character, police certificate and health checks;
• children and secondary applicant checks; and
• the after-lodgement checklist.

Each step builds on the one before it. An application that is invalid cannot be saved by excellent relationship evidence. An application with strong evidence can still be delayed or refused if the identity details are inconsistent or the police certificates are missing. For the broader legal framework, read the complete guide to partner visas in Australia, which explains the Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 visas.

Who this partner visa checklist is written for

This partner visa checklist is written for couples preparing a combined Subclass 820 and Subclass 801 application in Australia, and for couples preparing the offshore Subclass 309 and Subclass 100 application online. Most of the checks apply to both. Where a check applies only to applicants who are in Australia, the article says so. Readers who want to understand the onshore pathway first can start with the Subclass 820 visa explained and the comparison of Subclass 820 and Subclass 801.

Partner visa checklist part 1: validity checks on lodgement day

The first part of any partner visa checklist is validity: an application that does not meet the Schedule 1 requirements on the day it is made is not a valid application at all, and the Department cannot grant a visa on it. Validity is tested at one moment in time. It does not matter that the problem could have been fixed a week later.

For the onshore pathway, the validity requirements sit in item 1214C of Schedule 1 to the Migration Regulations 1994 for the Subclass 820 visa and item 1124B for the Subclass 801 visa. The Subclass 820 application must be made at the same time and place as the Subclass 801 application, which is why it is lodged as one combined application. The partner visa checklist for lodgement day therefore covers the following items.

Who is applying, and for which visa

The first check is simple but often skipped. Who is the primary applicant, who is the sponsor, and is anyone else included? The sponsor must be the applicant's spouse or de facto partner and must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. An eligible New Zealand citizen has a specific meaning in regulation 1.03 and is not every New Zealand citizen living in Australia.

The second check is which visa the couple is applying for. If the applicant is in Australia, the onshore combined application applies, which is explained on the Subclass 820 visa service page. If the applicant is outside Australia, the offshore application applies, which is covered on the Subclass 309 visa service page. If the couple is not yet married or in a de facto relationship, the Subclass 300 prospective marriage visa may be the correct pathway instead. A partner visa checklist that starts with the wrong visa produces the wrong answers to every later question.

Where the applicant is at the time of application

Every applicant for a Subclass 820 visa must be in Australia, but not in immigration clearance, when the application is made. This is paragraph 1214C(3)(c). The same requirement applies to the Subclass 801 application under paragraph 1124B(3)(b). An applicant who lodges while on a holiday overseas, intending to return the following week, does not make a valid onshore application.

The partner visa checklist should also record where the applicant intends to be when the temporary visa is decided. Clause 820.411 requires the applicant to be in Australia, but not in immigration clearance, when the Subclass 820 visa is granted. Travel plans during processing must be checked against that requirement.

Current visa status

This item on the partner visa checklist asks a precise question: what visa does the applicant hold today, when does it expire, and what conditions does it carry? The answer decides three things. It decides whether the applicant must meet Schedule 3. It decides whether a no further stay condition blocks the application. It decides which bridging visa the applicant will receive after lodgement.

The safest evidence is the applicant's current Visa Entitlement Verification Online (VEVO) record and the grant notice for the current visa. Memory is not enough. Many applicants believe their visa has no conditions when the grant notice shows otherwise.

Schedule 3 exposure

If the applicant does not hold a substantive visa when the application is made, paragraph 820.211(2)(d) applies. A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. An applicant who holds only a bridging visa, or who holds no visa at all, must satisfy Schedule 3 criteria 3001, 3003 and 3004 unless the Department is satisfied that there are compelling reasons for not applying those criteria.

The Department's policy is direct on this point. As a general rule, the existence of a genuine relationship, and the hardship of separation if the applicant had to apply outside Australia, are not compelling reasons on their own, because every partner visa rests on a genuine relationship. Policy does recognise that an Australian citizen child with a demonstrable link to the applicant may support a waiver in the best interests of the child. The partner visa checklist must identify Schedule 3 exposure before lodgement, not after a refusal. The articles on Schedule 3 criteria when you are unlawful and the Schedule 3 partner visa waiver explain the test in detail, and the Schedule 3 waiver service page explains how My Migration Lawyers prepares these submissions.

No further stay conditions such as 8503

Condition 8503 provides that the holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia. A partner visa is not exempt. An applicant whose current or previous visa carries condition 8503 generally cannot make a valid partner visa application in Australia unless the condition is first waived under section 41(2A) of the Migration Act 1958.

A waiver under subregulation 2.05(4) requires compelling and compassionate circumstances that developed after the visa was granted, that were beyond the person's control, and that resulted in a major change in their circumstances. If the circumstances existed before the visa was granted, policy says the request must be refused. Falling in love during a visit is rarely treated as that kind of change. The condition also continues to apply after the visa ceases, while the person remains in Australia. The no further stay 8503 article and the guide on moving from a tourist visa to a partner visa in Australia cover this check further.

Section 48 and the additional validity requirements

Section 48 of the Migration Act 1958 applies, in broad terms, to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since they last entered Australia. A person caught by section 48 can still apply for a partner visa because of regulation 2.12, but only if the additional requirements in paragraph 1124B(3)(e) are met when the application is made.

Under that paragraph, a section 48 applicant must not have been refused a partner visa since last entering Australia. The applicant must also provide, at the same time and place as making the application, the approved sponsorship form completed and signed by the partner. The applicant must also provide two statutory declarations, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, declaring that the applicant and the partner are in a married or de facto relationship, and each declared no more than six weeks before the application is made.

This is a point where a partner visa checklist built only around documents fails. Form 888 statements are the usual supporting statements in a partner visa. In a section 48 case, lodging Form 888 statements instead of the required statutory declarations would make the application invalid. Anyone who has had a visa refused in Australia, including a refusal that was never reviewed, should have this check done before lodgement. The partner visa after a visa refusal article explains the section 48 bar in more depth.

Regional skilled visa holders

Paragraphs 1214C(3)(g) and (h) add a further check for certain regional skilled visa holders. An applicant who holds, or whose last substantive visa was, a Subclass 491 or Subclass 494 visa must have held that visa for at least three years. Certain older regional visas, including the Subclass 475 and Subclass 487 visas, carry a two-year requirement. An applicant in this group who applies too early does not make a valid application. Clause 820.212 then requires substantial compliance with the conditions of those visas.

Online lodgement and the charge

The partner visa checklist must confirm the method of lodgement. The Department's policy for both the Subclass 820 and Subclass 801 visas is that applications must be made online through ImmiAccount using form 47SP (Internet), titled in ImmiAccount as the Application for migration to Australia by a partner. A paper form 47SP may be used only where the Department has authorised it in writing, and then only in accordance with its directions and by the date it sets. An uninvited paper application is invalid. The step-by-step guide on how to create an ImmiAccount is a useful starting point for couples who have never used the system.

The first instalment of the visa application charge must be paid when the combined application is made. There is no separate charge for the Subclass 820 application. The application is not valid until the charge is paid, so the partner visa checklist should confirm the payment method and any card limit before the session begins.

The sponsorship

The final validity item on the partner visa checklist concerns the sponsorship. For most onshore applicants, the Subclass 820 application can be made without an accompanying sponsorship form. The sponsor lodges the online sponsorship separately. The exception is the section 48 applicant described above, for whom the signed sponsorship form must be provided at the same time and place as the application.

Even where the sponsorship is not a validity requirement, it remains a grant requirement. Subclause 820.221(4) requires the sponsorship to be approved and in force at the time of decision. A sponsorship that is never lodged will eventually cause a refusal. Before lodgement, the partner visa checklist should also confirm that the sponsor is not subject to a sponsorship limitation, which is explained on the sponsorship limitations page and in the article on when a sponsor cannot sponsor a partner visa.

The relationship requirement at the time of application

The applicant must be the spouse or de facto partner of the sponsor at the time the application is made, and this is assessed as at that date, not as at the date the case officer reads the file. Paragraph 820.211(1)(b) and subclause 820.211(2) set the time of application requirement, and clause 820.221 requires the relationship to continue at the time of decision.

For a married couple, the marriage must be valid for the purposes of the Migration Act 1958. Section 12 of the Act and Part VA of the Marriage Act 1961 govern recognition of marriages that took place overseas. For a de facto couple, section 5CB of the Act and regulation 2.03A apply, including the general requirement that the relationship has existed for at least 12 months before the application, subject to listed exceptions such as a registered relationship. The de facto 12 months article covers those exceptions, and same-sex couples can read the LGBTI partner visa page.

The partner visa checklist item here is not "do we have a relationship?" It is "what evidence shows the relationship existed in the required form on the exact day we lodge?" Evidence created after lodgement can still help, but evidence that the relationship existed before lodgement carries the most weight on this criterion. Couples who plan to marry shortly before lodging should confirm the marriage certificate will be issued in time, because a ceremony certificate and a registered certificate are not always the same document.

Partner visa checklist part 2: identity document checks

Identity checks confirm that every applicant's name, date of birth, place of birth and citizenship are recorded the same way in every document and every form, or that any difference is explained before the Department finds it. The Department compares the current application with its own records, including earlier visa applications, passports used to travel and movement records. A difference that the applicant considers trivial can look like a second identity to a case officer.

The identity part of a partner visa checklist covers the following documents for each applicant:

• the current passport, and the passport used for each earlier entry to Australia;
• the birth certificate, or the family book or household register where that is the civil record used in the applicant's country;
• the marriage certificate, and any earlier marriage, divorce or death certificate that shows how a previous relationship ended;
• change of name documents, such as a deed poll or marriage record used to change a surname;
• national identity cards, where the applicant's country issues them; and
• every earlier Australian visa application, including visitor, student and work visas.

What a lawyer checks across the identity documents

The partner visa checklist does not stop at collecting these documents. A lawyer compares them line by line. The usual problems are a different spelling of a given name between the passport and the birth certificate, a different order of given names and family names, a date of birth recorded differently in an earlier visa application, a marriage certificate that lists a different place of birth, or a previous marriage that was declared in one application and omitted in another.

Each difference needs one of three responses. Some differences have an obvious and innocent explanation, such as transliteration from another script, and a short explanation is enough. Some require a corrected document from the issuing authority. Some require a formal statement explaining the history. What a partner visa checklist must never do is ignore the difference and hope it is not noticed.

Why identity errors matter more than most couples expect

Identity is linked to two public interest criteria. Public interest criterion 4020 allows refusal where a bogus document or information that is false or misleading in a material particular has been given, and it can also affect future applications. Public interest criterion 4021 deals with the passport requirement. Clause 820.226 requires the primary applicant to satisfy both. An inconsistency that began as a clerical error can become an integrity issue if it is repeated and not explained.

Previous relationships are a common source of trouble. Form 47SP and the sponsorship form both ask about earlier marriages and relationships, and the Department can compare those answers with earlier applications made by the applicant or the sponsor. If either partner was previously sponsored, or previously sponsored someone else, that history must be disclosed accurately. The Form 80 guide explains how personal particulars should be completed when the Department requests that form, and the same discipline applies to every identity field in the main application.

Identity checks for the sponsor

The sponsor's identity documents are also part of the partner visa checklist. The sponsor must prove Australian citizenship, permanent residence or eligible New Zealand citizen status. The sponsor's name and date of birth must match across the citizenship certificate or passport, the birth certificate and any marriage certificate. If the sponsor changed their name, the link between the old and new name must be documented. A sponsor who was once a partner visa holder should check that their own earlier relationship history is consistent with what they now declare.

Partner visa checklist part 3: relationship evidence checks

The relationship part of a partner visa checklist confirms that the evidence shows a genuine and continuing relationship across each of the four aspects the Department must assess: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. For married couples these factors come from regulation 1.15A, and for de facto couples from regulation 1.09A.

The four aspects are assessed aspects of the relationship. They are not separate statements, and there is no separate financial, household, social or commitment statement to write. A partner visa has one relationship statement, which is the couple's own account of the relationship. Supporting statements from other people are given on Form 888. The relationship statement is covered in detail in the article on the partner visa relationship statement, and the broader evidence picture in partner visa evidence: how to prove your relationship is genuine.

Checking each of the four aspects

A useful partner visa checklist asks whether there is evidence for each aspect, whether the evidence covers the whole relationship rather than one month, and whether it is consistent with the forms. The following checks are typical.

• Financial aspects. Is there evidence of joint financial commitments, shared expenses, joint accounts or support of one partner by the other? Does the evidence match the financial answers in the application form?
• Nature of the household. Does the evidence show where the couple lives, how the household is run, who cares for any children and how domestic responsibilities are shared? Do the addresses match the addresses declared in the forms?
• Social aspects. Is the relationship known to family and friends? Are there invitations, travel together, shared activities or joint memberships that show the couple presents as a couple?
• Nature of the commitment. Does the evidence show the length of the relationship, the couple's knowledge of each other's circumstances, plans for the future and support during difficult periods?

Not every couple will have evidence of every kind. Some couples keep finances separate for good reasons. Some live apart for work. A partner visa checklist does not demand that every box be ticked. It identifies which aspects are thin and makes sure the reason is explained rather than left as a gap. The guide to preparing evidence of a genuine relationship gives practical examples.

Checking the relationship statements

Each partner writes their own relationship statement. The partner visa checklist then compares the two statements with each other and with the forms. Dates of meeting, the date the couple began living together, the date of engagement or marriage, periods of separation and the names of family members should be consistent. Where the two partners remember an event differently, the statements should not be altered to match artificially. The difference should be understood and, where necessary, explained.

My Migration Lawyers does not write a client's relationship statement. The statement is the client's own account. The firm reviews it against the forms and the evidence, identifies gaps and inconsistencies, and the client corrects and confirms it. That process matters because the case officer, and the Tribunal if the matter is reviewed, will test the statement against everything else in the file.

Checking the Form 888 statements

Form 888 statements are supporting statements from people who know the couple. The usual practice is to provide statements from Australian citizens, Australian permanent residents or eligible New Zealand citizens who can speak from their own knowledge about the relationship. A Form 888 statement is a supporting statement. It is not a statutory declaration, and in most cases a statutory declaration is not required. The exception is a special case such as the section 48 applicant described in part 1, where statutory declarations are required and lodging Form 888 statements instead would make the application invalid.

The partner visa checklist for Form 888 statements confirms that each witness is eligible, that the identity document of each witness is attached, that each statement describes what the witness has personally seen, and that the dates and details in each statement are consistent with the couple's own account. Two useful guides are Form 888: who can make one and what it should say and Form 888 example answers and common mistakes.

Partner visa checklist part 4: character, police certificates and health examinations

Character and health are grant criteria, not validity criteria, but they are the most common reason a well-prepared partner visa application stalls, so the partner visa checklist must plan for them from the start. Clause 820.223 requires the primary applicant to satisfy public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009, together with public interest criterion 4019 if the applicant was 18 or older at the time of application. Under clause 820.224, family members must also satisfy the relevant criteria, and in most cases one person failing means the whole family fails.

Police certificates for the applicant

Public interest criterion 4001 deals with the character test in section 501 of the Migration Act 1958. Police certificates are the usual evidence. The Department generally asks applicants aged 16 or over for a police certificate from each country where they have spent a total of 12 months or more in the last 10 years since turning 16, and an Australian National Police Check where they have spent the relevant time in Australia. Applicants should confirm the current requirement on the Department's character page before ordering certificates, because some countries take a long time to issue them.

The partner visa checklist for police certificates covers:

• which countries are required, counted from the applicant's actual travel and residence history;
• whether each certificate covers every name the applicant has used;
• whether the certificate is the correct type, such as a national certificate rather than a local one;
• whether a translation is required; and
• the date of issue.

Timing of police certificates

Timing is an important part of the partner visa checklist. The Department's policy is that health and character checks are generally valid for no more than 12 months. A police certificate obtained too early may expire before the decision is made, and the applicant will be asked for a new one. A certificate that is not provided when requested can lead to refusal. The best practice is to order certificates so that they are available at lodgement or shortly after, and to track their expiry while the application is undecided.

Police certificates for the sponsor

The sponsor may also need police certificates. Where a child under 18 is included in the application, the sponsor generally needs an Australian National Police Check if they have spent the relevant time in Australia since turning 16, and police certificates from each other country where they have spent 12 months or more in the last 10 years since turning 16. Under regulation 1.20KC, the Department may also refuse to approve a sponsorship where the sponsor has been convicted of a relevant offence and has a significant criminal record. A partner visa checklist should ask the sponsor about their history early, because a sponsorship issue changes the strategy for the whole application.

Health examinations

Public interest criterion 4007 is the health requirement for partner visas. Applicants usually complete health examinations through the Department's eMedical system with an approved panel clinic. The Department will normally tell the applicant which examinations are required and how to arrange them, and in some cases examinations can be arranged before lodgement. Results are linked to the application by a health identifier, and the partner visa checklist should record that identifier so that the result can be matched to the right file.

Health examinations are subject to the same practical rule as character checks: under policy they are generally valid for no more than 12 months. If the decision is delayed, or the applicant travels and a decision is deferred, the examinations may have to be repeated. Family members who are not applying for the visa may also need to meet the health requirement under paragraph 820.224(1A)(b), unless the Department is satisfied that it would be unreasonable to require it.

Other public interest criteria

The remaining public interest criteria are easy to forget because they rarely cause trouble. Public interest criterion 4004 requires that the applicant has no outstanding debts to the Commonwealth, or has arrangements to pay them. Public interest criterion 4019 requires applicants aged 18 or over to sign the Australian values statement, which forms part of the online application. A complete partner visa checklist confirms each of these before lodgement so that a small item does not hold up an otherwise ready decision.

Partner visa checklist part 5: children and secondary applicants

Children and other family members included in a partner visa application need their own checks, because a secondary applicant who cannot meet the criteria can delay or prevent the grant for the whole family. Under the Subclass 820 secondary criteria in clause 820.311, a dependent child of the primary applicant may apply in the combined application, and the sponsorship must include that child.

The partner visa checklist for each child or secondary applicant covers the following items:

• Dependency. Is the person a dependent child within the meaning of regulation 1.05A and the definition of dependent child in regulation 1.03? A child under 18 is usually straightforward. An adult child must be checked carefully, because age and dependency are assessed at the time of application.
• Proof of the parent and child relationship. A birth certificate, or the family book or household register, that names both parents.
• Custody and consent. Where the other parent is not migrating, evidence of custody or access arrangements and the consent of any person who can lawfully decide where the child lives. Public interest criteria 4015 and 4016 at the time of application, and 4017 and 4018 at the time of decision, deal with parental responsibility and the best interests of minor children.
• Character and health. Each family member must meet the relevant public interest criteria. Children usually need health examinations. Applicants aged 16 or over may need police certificates.
• Sponsor police checks. Where a child under 18 is included, the sponsor's police certificates described in part 4 are usually required.

Children can also be added after lodgement. Regulation 2.08 treats a child born after the application as having applied at birth, and regulation 2.08B allows a dependent child to be added at the applicant's written request while the Subclass 820 application is undecided, using Form 1436. A partner visa checklist should therefore ask whether a child is expected before the decision, and whether any child living overseas will later need to join the family.

Family members who are not applicants can still matter. Under subclause 820.224(1A), non-migrating members of the family unit may need to meet character criteria and, unless it would be unreasonable, the health criterion. The partner visa checklist should list every member of the family unit, whether or not they are applying.

Partner visa checklist part 6: after lodgement

A partner visa checklist does not end when the application is submitted, because the applicant must keep meeting the criteria until the decision, respond to every request on time and prepare for the permanent stage. Most avoidable refusals happen after lodgement, when a couple assumes the work is finished.

Check the bridging visa

The first after-lodgement item on the partner visa checklist is the bridging visa. If the applicant held a substantive visa when the valid application was made, a Bridging visa A is usually granted, and it does not come into effect until the substantive visa ceases. If the applicant did not hold a substantive visa, a different bridging visa may apply. Under a legislative instrument made for Subclass 820 and Subclass 801 applicants, an associated Bridging visa A or Bridging visa B is granted with nil conditions. The applicant should read the bridging visa grant notice, confirm its type and conditions, and diarise when it comes into effect.

A Bridging visa A does not allow travel outside Australia and return. An applicant who needs to travel should apply for a Bridging visa B before leaving. The guides to bridging visas in Australia, Bridging visa A, Bridging visa B and working while waiting for a Subclass 820 visa explain these rules.

Check that the sponsorship has been lodged

If the sponsorship was not lodged with the application, the partner visa checklist must confirm that the sponsor has now lodged it and that it is linked to the application. The sponsorship must be approved and in force at the time of decision. A sponsor who delays, or who decides not to lodge, changes the course of the whole application.

Respond to section 56 requests on time

Under section 56 of the Migration Act 1958, the Department may ask for further information. The request will set a time to respond. The partner visa checklist item is not only to respond, but to respond with exactly what was requested, in the form requested, within the time allowed. Where information cannot be obtained in time, the reason should be explained in writing before the deadline. The guide to responding to a section 56 request for more information sets out practical steps.

If the Department intends to rely on adverse information, it may send an invitation to comment under section 57. That invitation is a warning, and the response often decides the application. The article on the section 57 natural justice letter for a partner visa explains how to respond.

Notify changes in circumstances

Section 104 of the Migration Act 1958 requires an applicant to tell the Department in writing if their circumstances change so that an answer in the application becomes incorrect. Examples include the birth of a child, a change in relationship status, a new criminal charge or the end of the relationship. The usual form is Form 1022. A change of residential address is notified separately, usually on Form 929. Both are covered in the guide on Form 1022 change of circumstances.

If a migration representative is appointed or changed, the Department must be told using the representative forms explained in Form 956 and 956A. Couples who lodged themselves can still obtain help part way through, as explained in hiring an immigration lawyer after lodging your own visa application.

If the relationship ends

The relationship must continue at the time of decision. If it ends, the applicant has a legal obligation to notify the Department, and the application will usually be refused unless an exception applies. Clause 820.221 contains limited exceptions, including where the sponsor has died, where the applicant or a dependent child has suffered family violence committed by the sponsor, and where the applicant has custody of or access to a child of the sponsor. The article on what happens to your Subclass 820 application if the relationship breaks down and the family violence partner visa page explain these provisions.

Keep building evidence for the permanent stage

The permanent stage is assessed once two years have passed since the combined application was made. The Department will usually ask for updated evidence of the relationship, new police certificates and other information at that point. The final item on the partner visa checklist after lodgement is therefore to keep evidence of the continuing relationship across each of the four aspects throughout the waiting period: joint accounts and bills, lease or mortgage records, travel together, and correspondence. Couples who stop collecting evidence after the temporary visa is granted often struggle to show the relationship continued at the permanent stage.

What Tribunal decisions show about partner visa checklist gaps

Tribunal decisions show that many partner visa refusals turn on a single item that was missing, late or inconsistent, and that those items are often resolved on review. The decisions below are drawn from reported partner visa matters in which the former Administrative Appeals Tribunal remitted the decision. A remittal means the Tribunal sent the matter back to the Department to reconsider in line with the Tribunal's directions. It is not, by itself, a grant of the visa. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024.

Police certificates provided on review

• In *Harper (Migration) [2019] AATA 3001*, a Subclass 820 matter, the reported issue was that a police certificate was provided.
• In *Kim (Migration) [2020] AATA 2827*, a Subclass 820 matter, an Australian Federal Police national police clearance and a records check reply from an overseas national police agency were provided.
• In *Collier (Migration) [2023] AATA 1840*, a Subclass 820 matter, the reported issue was criminal history, with an Australian National Police Certificate and an overseas national criminal records certificate provided on review.
• In *Lee (Migration) [2022] AATA 4648*, a Subclass 820 matter, the issue was the character test and a statement from an appropriate authority, namely a certificate of good conduct issued by an overseas High Commission.

Health examinations completed or recorded

• In *Rous (Migration) [2020] AATA 1877*, a Subclass 820 matter, documentation of the specified medical examination was provided to the Tribunal.
• In *Dayao (Migration) [2023] AATA 1900*, a Subclass 820 matter, the Department's records showed that the health requirements had been finalised and the applicant auto-cleared.
• In *Freeland (Migration) [2024] AATA 1083*, a Subclass 820 matter, evidence of the required examination was provided to the Tribunal.

Sponsorship not provided

• In *Manalo (Migration) [2024] AATA 1927*, a Subclass 820 matter, the reported issue was that the sponsorship form and other requested material had not been provided to the Department.
• In *Sathandla Halli Vijayakumar (Migration) [2022] AATA 91*, a Subclass 820 matter, the reported issues included insufficient information concerning the sponsor, the sponsorship declaration and a national police check.

Identity and disclosure

• In *1620095 (Migration) [2019] AATA 400*, a Subclass 309 matter, the reported issues included inconsistent information, and the Tribunal was satisfied of the visa applicant's identity.
• In *Amoah (Migration) [2024] AATA 2511*, a Subclass 300 matter, an educational certificate provided with a previous application showed a different year of birth, which the Tribunal treated as a probable error by the issuer.
• In *2107016 (Migration) [2022] AATA 2250*, a Subclass 820 matter, the reported issue was that the applicants failed to disclose details of a previous relationship and a Subclass 300 visa application.

Status at the time of application

• In *Raganas (Migration) [2020] AATA 2401*, a Subclass 820 matter, the applicant held no substantive visa at the time of application, or within 28 days before it, and the last substantive visa was held more than three years earlier.
• In *Fu (Migration) [2020] AATA 3922*, a Subclass 820 matter, the applicant did not hold a substantive visa at the time of application and there was an Australian citizen child of the relationship.

Children

• In *Haynes (Migration) [2020] AATA 3293*, a Subclass 820 matter, the issue concerned an additional applicant who was a dependent child of the primary applicant, permission to migrate under the law of the home country and parents' consent.

The lesson for a partner visa checklist is plain. Each of these items could have been checked before the primary decision. Review is available in many cases, but review deadlines are short and strictly applied, and a refusal adds months of uncertainty. If a refusal has already been made, read partner visa refused: your appeal options, ART review: what to expect and the partner visa refusals page without delay.

Common partner visa checklist mistakes

The most common partner visa checklist mistakes are treating validity as a formality, relying on memory for visa history, and assuming that more documents will cure a legal problem. The articles on why partner visas get refused and the most common reasons Subclass 820 visas are refused show the same patterns. The following errors appear again and again.

• Lodging without checking the current visa grant notice. Condition 8503, a section 48 bar or a Schedule 3 issue is discovered only after lodgement.
• Using a generic online list. A generic partner visa checklist does not ask about earlier refusals, regional visa conditions or children living overseas.
• Inconsistent dates. The date the couple met or began living together differs between the relationship statement, the forms and the Form 888 statements.
• Undisclosed history. A previous marriage, relationship, visa application or sponsorship is omitted.
• Police certificates ordered at the wrong time. Certificates expire before the decision, or arrive long after they were requested.
• No plan after lodgement. The sponsorship is never lodged, a section 56 request is missed, or a change of address is never notified.

A partner visa checklist that avoids these mistakes is not a guarantee of grant. It does remove the avoidable reasons for refusal, so that the decision is made on the real strength of the relationship.

Does a partner visa checklist replace legal advice?

No, a partner visa checklist does not replace legal advice, because a checklist tells you what to look at but not how the law applies to your particular facts. Two couples can tick the same boxes and face very different legal risks. The checklist will tell you to check your visa conditions. It will not tell you whether a waiver of condition 8503 is realistic, whether compelling reasons exist under Schedule 3, or how to explain an inconsistent date of birth in an earlier application.

Many couples prepare their own applications successfully. The comparison in partner visa lawyer vs doing it yourself and the article on when you need an immigration lawyer for a partner visa set out when professional help adds the most value. If you are choosing representation, what a partner visa lawyer does, how to choose the best partner visa lawyer in Australia and migration agent vs immigration lawyer explain the differences in factual terms. A second opinion from an immigration lawyer can also be useful before lodging an application you have prepared yourself.

My Migration Lawyers works with clients across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The same partner visa checklist is applied in every location, because the law is the same across Australia.

How My Migration Lawyers works through your partner visa checklist

My Migration Lawyers works through a partner visa checklist as a legal review of your whole situation, starting with validity and ending only when the permanent visa is decided. The process is practical and is built around the same six parts set out in this article.

• Validity review before anything is lodged. The firm checks the applicant's current visa, its conditions and the visa history held by the Department, including any 8503 condition, any section 48 bar, any Schedule 3 exposure and any regional visa requirement. If a validity problem exists, you are told what it is and what options exist before any charge is paid.
• Identity cross-check. The firm compares names, dates of birth, relationship history and earlier applications across every document and form, and identifies differences that need correction or explanation.
• Relationship evidence review. The firm reviews your evidence against the four aspects of the relationship, reviews the relationship statement as the couple's own account, identifies gaps and inconsistencies for you to correct and confirm, and checks each Form 888 statement for eligibility and consistency.
• Character and health planning. The firm identifies which police certificates are required for the applicant and, where relevant, the sponsor, and plans their timing with the health examinations so that they remain current.
• Family member checks. The firm confirms dependency, custody and consent issues for every child and secondary applicant.
• After-lodgement management. The firm monitors the bridging visa, the sponsorship, section 56 and section 57 correspondence, change of circumstances notifications and the evidence needed for the permanent stage.

My Migration Lawyers acts in many partner visa matters of this kind, including complex cases involving previous refusals, section 48, Schedule 3 waivers, condition 8503, sponsorship limitations and character issues. Our Principal Lawyer, Weiwei Zhang, oversees the firm's partner visa work. You can read more about My Migration Lawyers, our partner visa lawyers service and our wider immigration law services. No firm can promise an outcome, and we do not. What we can do is make sure your partner visa checklist is worked through properly, so that the decision is made on the merits of your relationship and not on an avoidable error.

Book a Consultation to have your partner visa checklist reviewed before you lodge, or while your application is being processed.

Call 1300 040 300 to speak with our team about your partner visa.