Partner Visa FAQs

What are these partner visa FAQs for?

These partner visa FAQs answer the questions couples actually ask when one partner wants to live in Australia with an Australian citizen, permanent resident or eligible New Zealand citizen. Each answer below starts with the direct answer, explains the legal rule behind it, and then points to the detailed My Migration Lawyers guide on that issue. The partner visa FAQs are grouped by theme, so a couple can go straight to the part that matches their situation.

The partner visa FAQs on this page are not a replacement for the full guide. The complete legal framework, including every subclass and stage, is set out in Partner Visa Australia: The Complete Guide. This page does something different. It takes the real questions people type into a search bar, answers each one in a few sentences, and routes the reader to the page that deals with that question in depth.

The partner visa FAQs cover eligibility and relationship types, the two stages of the visa, evidence, Form 888 and the relationship statement, health and character, bridging visas, work and study, travel, changes of circumstances, relationship breakdown and family violence, refusals and Administrative Review Tribunal review, and how to get legal help. The answers apply to the onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 prospective marriage visa, unless an answer says otherwise.

How should these partner visa FAQs be used?

These partner visa FAQs should be used to identify the issue that matters in a particular case, and then to read the linked guide on that issue. Partner visas turn on detail. Two couples with almost the same story can face very different risks because of a visa condition, a past refusal or a gap in the evidence. Where an answer below raises a risk that applies to you, the safest step is advice on your own facts from a partner visa lawyer before anything is lodged.

Partner visa FAQs on eligibility and relationship types

The partner visa FAQs on eligibility ask the same core question: does this relationship qualify? A partner visa applicant must be the spouse or de facto partner of an eligible sponsor, the relationship must be genuine and continuing, and the sponsor must not be barred from sponsoring. The detail behind each part of that answer is below.

Who can sponsor a partner for a partner visa?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor a spouse or de facto partner for a partner visa. Subclause 820.211(2) of the Migration Regulations 1994 refers to the applicant being the spouse or de facto partner of one of these three groups. An eligible New Zealand citizen is defined in regulation 1.03 and is narrower than every New Zealand citizen living in Australia. Of all the partner visa FAQs on sponsorship, this one catches many couples out. Partners of other New Zealand citizens may need to consider the Subclass 461 visa instead.

Can we apply if we are married overseas?

Yes. A marriage solemnised overseas can be recognised as valid for Australian migration purposes if it is valid where it took place and is recognised under Australian law. Married couples are assessed as spouses under section 5F of the Migration Act 1958. As these partner visa FAQs explain throughout, the certificate alone is never enough, because the relationship must also be genuine and continuing, and the partners must have a mutual commitment to a shared life as a married couple to the exclusion of all others.

Do de facto couples need 12 months together?

Yes, in most cases. Under paragraph 2.03A(3)(a) of the Migration Regulations 1994, a de facto relationship must have existed for at least 12 months immediately before the application is made. There are exceptions. The 12-month requirement does not apply if the relationship is registered under a prescribed State or Territory law, if compelling and compassionate circumstances exist, or in certain cases involving permanent humanitarian visa holders and applicants. The guides to the de facto partner visa and the 12-month rule and whether you really need 12 months for a Subclass 820 visa explain each exception.

Does registering our relationship help?

Yes. Registering a de facto relationship under a prescribed State or Territory relationship register removes the 12-month requirement under subregulation 2.03A(5). The Department's policy says a receipt for an application to register is not enough. The relationship must actually be registered. Registration does not prove the relationship is genuine, a point that is often misunderstood in partner visa FAQs. The couple must still satisfy the decision maker about the relationship itself, with the same evidence any other couple would provide.

Is a pregnancy enough to avoid the 12-month rule?

No. The Department's policy says that a pregnancy at the time of application is not, by itself, treated as compelling and compassionate circumstances for the 12-month rule. The policy notes that exceptional or unique circumstances connected with a pregnancy may still be relevant, and that having a dependent child of the relationship can be. A couple in this position should get advice before lodging, because an application that fails the 12-month rule is refused regardless of how genuine the relationship is.

Are same-sex couples eligible for a partner visa?

Yes. Same-sex couples can apply as spouses or as de facto partners on exactly the same legal basis as other couples. Since 9 December 2017, sex or gender no longer affects the right to marry under Australian law. Couples whose relationship could not be acknowledged openly in a home country often need careful handling of the evidence, and the page on the LGBTI partner visa explains how that is done.

Can a sponsor who has sponsored before sponsor again?

Sometimes. Regulation 1.20J limits a person to two approved partner or prospective marriage sponsorships in their life. Even within that limit, a person who has sponsored a partner, or who was themselves sponsored as a partner, generally cannot have another partner sponsorship approved until five years after the earlier visa application was made. These limits can be waived in compelling circumstances affecting the sponsor. The page on partner visa sponsorship limitations and the guide on when a sponsor cannot sponsor a partner visa explain the rules and the waiver.

Can a sponsor with a criminal record sponsor a partner?

Sometimes. Under regulation 1.20KC, the Department may refuse to approve a sponsorship if the sponsor has been convicted of a relevant offence and has a significant criminal record for it. The decision maker considers the time since the sentence was completed, the best interests of any children and the length of the relationship. Regulation 1.20KB is stricter where an applicant is under 18 and the sponsor has a conviction or unresolved charge for a registrable offence. Sponsors can be asked for police checks.

Can I apply if I hold a regional skilled visa?

Not straight away in some cases. Paragraphs 1214C(3)(g) and (h) of Schedule 1 stop holders of certain regional skilled visas from applying for a Subclass 820 visa until they have held that visa for a set period. For a Subclass 491 or Subclass 494 visa, that period is at least three years. The rule exists so that people do not move to a partner visa to avoid regional conditions. It is one of the less obvious partner visa FAQs, and it can make an application invalid.

Partner visa FAQs about the two stages

The partner visa FAQs about stages arise because almost every partner visa is a single application for two visas: a temporary visa granted first and a permanent visa granted later. The onshore pathway is the Subclass 820 visa followed by the Subclass 801 visa. The offshore pathway is the Subclass 309 visa followed by the Subclass 100 visa.

Do I apply for the temporary and permanent visa separately?

No. For the onshore pathway, paragraph 1214C(3)(a) requires the Subclass 820 application to be made at the same time and place as the Subclass 801 application. The offshore pathway works the same way for the Subclass 309 and Subclass 100. One combined application is lodged and decided in two stages, which is why the partner visa FAQs in this section treat the stages together. The guide on Subclass 820 vs Subclass 801 explains how the two visas relate.

Should we apply onshore or offshore?

The answer depends on where the applicant is and what visa they hold. All Subclass 820 applicants must be in Australia, and not in immigration clearance, when they apply, and must also be in Australia when the visa is granted under clause 820.411. Offshore Subclass 309 applicants apply from outside Australia and generally must be outside Australia at grant, subject to a limited concession. The complete Subclass 820 partner visa guide, the Subclass 820 visa explained and the 820 visa requirements and how to apply set out the onshore pathway in full.

When does the permanent stage happen?

The permanent stage generally happens once at least two years have passed since the combined application was made. Paragraph 801.221(2)(d) sets that two-year point for the Subclass 801 visa. Under subclause 801.221(6A), the two-year wait does not apply if the couple were in a long-term partner relationship when they applied, meaning a relationship of at least three years, or at least two years if there is a dependent child of both partners other than a step-child.

Is the relationship checked again at the permanent stage?

Yes. The Department's policy says the permanent stage is a fresh assessment of whether the applicant continues to be the spouse or de facto partner of the sponsor, based on the evidence before the decision maker at that time. This is one of the most important partner visa FAQs, because couples who stop collecting evidence after the temporary visa is granted can find the permanent stage harder than the first.

How long does a partner visa take?

Processing times change and are published by the Department of Home Affairs, so these partner visa FAQs do not give a figure. Timing depends on how complete the application is, whether further information is requested and whether health or character checks raise questions. The guides on how long a Subclass 820 partner visa takes and on onshore Subclass 820 timing explain what affects processing.

What is a prospective marriage visa?

A prospective marriage visa, the Subclass 300, allows a person outside Australia to come to Australia to marry their Australian fiancé and then apply for the onshore partner visa. The Department's policy says the visa period is between 9 and 15 months from grant. Condition 8519 requires the marriage to take place within the visa period, and condition 8515 prevents the holder from marrying before entering Australia. After the marriage, the holder applies for the Subclass 820 and Subclass 801 visas while the Subclass 300 visa is still in effect.

Partner visa FAQs about evidence

The partner visa FAQs about evidence ask what the Department needs to see. The answer is evidence of a genuine and continuing relationship, assessed against four aspects in regulation 1.15A for spouses and regulation 1.09A for de facto partners: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment. The guide to partner visa relationship evidence covers all four.

What documents do we need for a partner visa?

A partner visa needs identity and relationship documents, evidence under each of the four aspects of the relationship, the relationship statement, Form 888 statements, and the health and character material requested. The exact list depends on the couple. The partner visa document checklist and the 820 partner visa evidence checklist explain what is usually gathered.

Do we need a joint bank account?

No. A joint bank account is helpful but not required, and this is one of the partner visa FAQs where the common belief is wrong. The financial aspect looks at pooling of resources and sharing of household expenses, not only at joint accounts. The Department's policy accepts that some couples keep separate accounts, and says that in joint and personal accounts there should be evidence of spending on shared costs. Couples who keep money separate should explain the arrangement and show how shared costs are met.

Is there a minimum number of documents?

No. There is no minimum number of documents and no rule that each aspect of the relationship must be equally strong. The Department's policy says the assessment is not a count of how many matters are satisfied. Quality, consistency and coverage of the whole relationship matter far more than volume. Partner visa FAQs about the number of documents should always be answered with that in mind. The guide to preparing evidence of a genuine relationship explains how to build evidence that carries weight.

What if we have lived apart for part of the relationship?

Living apart does not prevent a partner visa if the separation is temporary and the couple intend to live together. The Department's policy says any separation must be temporary, and there is no fixed timeframe within which the couple must live together again. Evidence of contact, visits, financial support and joint plans then carries more weight, and the reason for the separation must be explained.

Is an age gap or a short courtship a bar to a partner visa?

No. Neither an age gap nor a short courtship is a legal bar. Both can lead a decision maker to look more closely at the relationship, so the way the relationship developed must be explained and supported. How the couple met, how often they saw each other, when families became involved and why they decided to commit are often central to the answer.

What must be uploaded through ImmiAccount?

Partner visa applications are made online through ImmiAccount, and evidence is attached to the application under document types. Files should be clearly named and translated where needed. The guide on how to create an ImmiAccount explains the starting point.

Should we provide a Form 80?

Yes, if the Department asks for it. Form 80 is a personal particulars form the Department often asks partner visa applicants to complete. It asks for addresses, travel, employment and family details over many years, and its answers are compared with the rest of the file. The guide on completing Form 80 without errors explains why accuracy here matters to the whole application.

Partner visa FAQs about Form 888 and the relationship statement

The partner visa FAQs about Form 888 and the relationship statement are among the most misunderstood. A partner visa has one relationship statement, written in the couple's own words, supported by Form 888 statements from people who know the couple. The four aspects of the relationship are assessed aspects, not separate statements.

How many relationship statements does a partner visa need?

A partner visa needs one relationship statement. It is the couple's own account of how the relationship began, how it developed, how they live and what they plan for the future. Each partner may contribute, but there is no separate financial statement, household statement, social statement or commitment statement. The guide to the partner visa relationship statement explains how it is written.

Can a lawyer write our relationship statement?

No, not in the sense of creating it. The relationship statement is the couple's own evidence. A lawyer can take instructions, identify gaps and inconsistencies with the documents, ask questions, and help present the couple's account in a clear form. The couple must then read, correct and confirm that every word is true. A statement that is not the couple's own account is a serious risk to credibility, which is why these partner visa FAQs treat the statement as the couple's own evidence.

Is Form 888 a statutory declaration?

No. Form 888 is a supporting witness statement completed by an Australian citizen or permanent resident who knows the couple. It is not a statutory declaration. Form 888 statements speak most directly to the social aspects of the relationship, because the regulations refer to the opinion of friends and acquaintances about the relationship. The guide on who can make a Form 888 and what it should say explains who should complete one.

How many Form 888 statements should we provide?

Couples usually provide at least two Form 888 statements, and quality matters more than number. A good Form 888 is specific, consistent with the relationship statement and written by someone who genuinely knows the couple. Near-identical statements carry little weight. Couples reading partner visa FAQs often overlook this. The guide to Form 888 example answers and common mistakes shows what makes a statement useful.

What happens if our statement and documents do not match?

Inconsistency between the relationship statement, the forms, Form 80, the Form 888 statements and the documents is one of the most common reasons decision makers doubt a relationship. A wrong date or a different address can raise a question about the whole file. Every source should be checked against a single timeline before lodgement, and any change should be explained. Of all the partner visa FAQs on evidence, this is the one that most often decides a case.

Partner visa FAQs about the interview

The partner visa FAQs about interviews come from couples who have been told the Department wants to speak with them. An interview is a normal part of assessing some partner visa applications. It is not, by itself, a sign that the Department intends to refuse.

Will we be interviewed?

Some couples are interviewed and many are not. The Department's policy says knowledge of each other's personal circumstances, including background and family situation, may be established at interview. An interview is therefore usually a test of the commitment aspect of the relationship, and also a test of whether the answers match the documents already lodged.

Are partners interviewed separately?

They can be. A case officer may interview one partner, both partners together, or each partner separately. When partners are interviewed separately, the answers are compared with each other and with the application. Small, honest differences in memory are normal. Differences about basic facts, such as where the couple live, when they met or who lives in the home, are what cause concern.

How should we prepare for a partner visa interview?

The best preparation is to read the application, the relationship statement and the Form 888 statements again, so that each partner remembers what was said. Couples should never rehearse scripted answers. A decision maker is looking for genuine knowledge of a shared life, not memorised lines. Among the partner visa FAQs, this is one where honest, consistent answers matter more than anything else.

What happens after an interview raises a concern?

If the interview raises a concern, the Department will often put that concern to the applicant before deciding, usually through a section 57 invitation to comment. That letter is the chance to explain an inconsistency and provide further evidence. It should be answered in full and on time, and it is often the point at which couples seek advice.

Partner visa FAQs about health and character

The partner visa FAQs about health and character arise because every partner visa applicant must satisfy public interest criteria in Schedule 4 of the Migration Regulations 1994. For the Subclass 820 visa, clause 820.223 lists PICs 4001, 4002, 4003, 4004, 4007 and 4009, and PIC 4019 for an applicant who had turned 18 at the time of application.

What health checks are required?

Partner visa applicants generally complete health examinations through the Department's eMedical system, and the results are assessed under PIC 4007. Where a Medical Officer of the Commonwealth forms an adverse opinion, PIC 4007 allows for a health waiver to be considered in some cases. Health issues are one of the partner visa FAQs where early advice can change the outcome, because the evidence about costs and circumstances needs to be prepared carefully.

Do partner visa applicants need police certificates?

Yes, usually. Partner visa applicants are generally asked for police certificates from countries where they have lived for the relevant periods, and character is assessed under PIC 4001 and section 501 of the Migration Act. A criminal record does not automatically mean refusal, but it must be disclosed and addressed. Sponsors may also be asked for police checks under regulation 1.20KC.

What is the Australian Values Statement?

The Australian Values Statement is a statement that applicants who are 18 or over must sign to satisfy PIC 4019. It confirms that the applicant will respect Australian values and obey Australian laws. It is a standard requirement and is completed as part of the application, so it rarely features among difficult partner visa FAQs.

What happens if we owe money to the Commonwealth?

PIC 4004 requires that the applicant has no outstanding debts to the Commonwealth, or has made arrangements for repayment that the decision maker accepts. Debts can arise, for example, from a past detention or removal. The issue should be identified and addressed before a decision is made. It is one of the less common partner visa FAQs, but it can delay or prevent a grant.

What happens if false information is given?

Giving a bogus document or information that is false or misleading in a material particular can lead to refusal under the integrity criterion, PIC 4020. The Department's policy, following the Full Federal Court in Trivedi, says a refusal requires purposeful falsity, and an application cannot be refused under PIC 4020 where the applicant can explain an innocent mistake. This is why errors must be corrected openly and quickly rather than left on the file.

Partner visa FAQs about bridging visas

The partner visa FAQs about bridging visas affect almost every onshore applicant. A bridging visa keeps a person lawful in Australia while a substantive visa application is processed. The guide to bridging visas in Australia explains the different types.

Will I get a bridging visa when I apply for a Subclass 820 visa?

Usually, yes. An onshore applicant who holds a substantive visa when they lodge a valid Subclass 820 application is usually granted a Bridging A visa, which comes into effect when the current substantive visa ends. The guide on the Bridging A visa explains its conditions and when it starts.

What if I do not hold a substantive visa when I apply?

An applicant who does not hold a substantive visa at the time of application must usually satisfy the Schedule 3 criteria, unless the decision maker is satisfied there are compelling reasons for not applying them under subparagraph 820.211(2)(d)(ii). Schedule 3 is a significant hurdle and must be addressed in the application itself. Few partner visa FAQs carry higher stakes. The guides to the Schedule 3 criteria for a partner visa and the Schedule 3 partner visa waiver, and the page on Schedule 3 waivers, explain how compelling reasons are presented.

Can I apply for a partner visa after another visa was refused in Australia?

Yes. Section 48 of the Migration Act limits further applications by a person in Australia who has had a visa refused or cancelled and holds no substantive visa, but regulation 2.12 allows that person to apply for the Subclass 820 and Subclass 801 visas. Additional validity requirements apply, including a completed sponsorship form from the sponsoring partner lodged with the application. The guide on a partner visa after a visa refusal explains the steps.

Can I apply if my visa has a No Further Stay condition?

Not without a waiver. A visa with condition 8503 prevents the holder from making most visa applications in Australia while they hold that visa, unless the condition is waived. The guide to the Subclass 820 with a No Further Stay condition explains when a waiver may be available, and the guide on moving from a tourist visa to a partner visa covers what visitors should check first.

Partner visa FAQs about work and study

The partner visa FAQs about work and study are usually answered positively. The Subclass 820 and Subclass 309 visas do not carry conditions that stop the holder from working or studying, and the bridging visa granted with an eligible onshore partner application is generally granted with nil conditions.

Can I work while my partner visa is being processed?

Usually, yes. The Department's policy says a legislative instrument allows Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging A or Bridging B visa to be granted that bridging visa with nil conditions. That means no work restriction. The guide on working while waiting for a Subclass 820 visa explains the exceptions, including where the bridging visa is not associated with the partner application.

Can I work and study on a Subclass 820 visa?

Yes. Subdivision 820.6 provides that no visa conditions may be imposed on a Subclass 820 visa. A Subclass 820 holder can therefore work and study in Australia without a visa restriction while the permanent stage is pending. This is one of the partner visa FAQs with a simple answer.

Can I work on a Subclass 309 visa?

Yes. Once a Subclass 309 holder enters Australia, the visa allows them to remain until the Subclass 100 application is decided, and the conditions that may be imposed on a Subclass 309 visa relate to entry and marriage, not work or study.

Partner visa FAQs about travel

The partner visa FAQs about travel need careful answers, because the wrong trip can cost an applicant their bridging visa or their grant.

Can I travel overseas on a Bridging A visa?

No. A Bridging A visa is a visa to remain in Australia and does not allow the holder to travel to and re-enter Australia. A person who needs to travel while their onshore application is processed must apply for a Bridging B visa before leaving. The guide to the Bridging B visa explains how it works and the travel facility period.

Can I travel on a Subclass 820 visa?

Yes. Clause 820.511 provides that a Subclass 820 visa permits the holder to travel to, enter and remain in Australia until the Subclass 801 application is decided or withdrawn. Long absences can still affect the evidence of a shared life, so travel should be planned with the permanent stage in mind.

Can I be overseas when my Subclass 820 visa is decided?

No. Clause 820.411 requires the applicant to be in Australia when the Subclass 820 visa is granted. The Department's policy allows a decision to be deferred in some cases where the absence is temporary, and treats a period of up to six months as generally reasonable, but a delegate is not required to wait. An applicant who stays overseas risks refusal. Of the partner visa FAQs on travel, this one carries the most risk.

Can my partner visit Australia while a Subclass 309 application is processed?

Sometimes. An offshore applicant may apply for a visitor visa to spend time in Australia while the Subclass 309 application is processed. A visitor visa is assessed on its own criteria, including whether the stay is genuinely temporary, and it may carry conditions such as 8503. These partner visa FAQs flag the point because a visitor visa granted with a No Further Stay condition can limit later options in Australia.

Must Subclass 309 holders enter Australia by a set date?

Yes. Clause 309.611 requires first entry before a date specified by the Minister, and the Department's policy says that date should be 12 months from grant. Missing the first entry date can create serious problems with the visa, so it belongs among the partner visa FAQs every offshore couple should read.

Partner visa FAQs about changes of circumstances

The partner visa FAQs about changes of circumstances often come late, when a couple has already moved house, had a baby or separated. The law requires the Department to be told.

Do I have to tell the Department about changes?

Yes. Section 104 of the Migration Act requires an applicant to tell the Department in writing if a change in circumstances means an answer in the application is no longer correct. The Department's policy gives examples such as the relationship ending, a birth or death in the family, or a change in marital or relationship status. The guide on Form 1022 change of circumstances explains when and how to notify.

Can we add a child to the application?

In many cases, yes. Paragraph 1214C(3)(f) allows a dependent child of the applicant to be included in a combined Subclass 820 application, and children born during processing are usually added by notifying the Department. Each child must satisfy the secondary criteria, including health and, where relevant, character requirements. Partner visa FAQs about children often also involve the sponsor checks under regulation 1.20KB.

Can more evidence be uploaded after lodgement?

Yes. Further evidence can be uploaded while the application is being processed. Couples should keep adding evidence of their shared life during the temporary stage, because the relationship is assessed again at the permanent stage. These partner visa FAQs return to that point often because it is where many files weaken.

What if the Department asks for more information?

A request under section 56 of the Migration Act or an invitation to comment under section 57 must be answered within the time given. Both are opportunities to fix a problem before a decision is made, and partner visa FAQs about these letters usually come too late. The guides on responding to a section 56 request and the s57 natural justice letter for a partner visa explain each step.

Partner visa FAQs about relationship breakdown and family violence

The partner visa FAQs about relationship breakdown are among the most urgent. When a relationship ends, the visa does not automatically end, but the general rule is that the applicant must continue to be the spouse or de facto partner of the sponsor. The exceptions are limited and specific.

What happens to my partner visa if we separate?

If the relationship ends and no exception applies, the applicant will generally no longer meet the relationship criteria and the visa will be refused. Section 104 requires the change to be notified. The guide on what happens if the relationship breaks down sets out the options, which may include another visa pathway.

Can I stay if my sponsor committed family violence?

Yes, in many cases. Subclause 820.221(3) and subparagraph 801.221(6)(c)(i) allow a partner visa to be granted after the relationship ends if the applicant, or a dependent child of the applicant or of the sponsor, has suffered family violence committed by the sponsor. Under Division 1.5 of the Migration Regulations, the violence, or part of it, must have occurred while the relationship existed, and the applicant must have been in a genuine relationship until it ended. There is no requirement that the violence caused the separation. The page on family violence partner visa lawyers explains how these claims are made.

What if there is no court order about the family violence?

A claim can still be made without a court order. Division 1.5 allows a family violence claim to be supported by a non-judicially determined claim, which relies on prescribed evidence. Coercive and controlling behaviour can be family violence even without physical harm. These claims require careful evidence, and safety comes first. Among all partner visa FAQs, family violence questions deserve the most careful individual advice.

Can I stay if we share custody of a child?

Yes, in some cases. Subclause 820.221(3) and subparagraph 801.221(6)(c)(ii) allow a grant where the relationship has ended and the applicant has custody, joint custody or access rights for a child for whom the sponsor has custody, access or maintenance obligations. The purpose is to allow the parent and child relationship to continue. These partner visa FAQs cannot cover every custody arrangement, so advice on the specific orders is important.

What if my sponsor dies?

The applicant may still be granted the visa. Subclause 820.221(2) and subclause 801.221(5) apply where the sponsor has died, the applicant would have continued in the relationship, and the applicant has developed close business, cultural or personal ties in Australia. In these cases, the two-year wait for the permanent visa does not apply. These are rare partner visa FAQs, but the provisions matter greatly to the people they affect.

Partner visa FAQs about refusals and ART review

The partner visa FAQs about refusals have one answer that matters more than any other: act immediately. A refusal can usually be reviewed by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024, but the time limit is short and strictly applied.

Why are partner visas refused?

Partner visas are most often refused because the decision maker is not satisfied the relationship is genuine and continuing, because evidence is inconsistent, because of the 12-month de facto rule, because of Schedule 3, sponsorship, health or character issues, or because of incorrect information. The guides on why partner visas get refused and on the most common Subclass 820 refusal reasons explain each one.

How long do I have to apply to the ART?

For a reviewable migration decision, subsection 347(3) of the Migration Act requires the review application to be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention. The Department's policy says this period cannot be extended. The clock runs from notification, so the decision letter should be read on the day it arrives. The page on partner visa refusals and the guide to partner visa refused appeal options explain the first steps.

Can the ART look at new evidence?

Yes. The Tribunal reviews the decision on the merits and can consider evidence that was not before the Department. That makes review a genuine second look, and also a second chance to fix gaps in the evidence. Partner visa FAQs about review often assume the Tribunal only checks for errors. It does much more. The guide on what to expect at an ART review explains the process.

What does an ART remittal mean?

A remittal means the Tribunal has sent the application back to the Department to reconsider, usually with a finding that a particular criterion is met. A remittal is not itself a visa grant. The Department then continues processing. The decisions below are remittals recorded in partner visa matters, described only by the issues recorded for each one. They do not mean any later outcome was a grant.

In Siyad (Migration) [2025] ARTA 2129, a Subclass 820 matter, the recorded issues were a relationship that had ceased, a genuine and continuing relationship before the family violence, coercive control, and joint utility and tenancy accounts. In Sandhu (Migration) [2018] AATA 1483, the issues were whether compelling reasons existed for not applying the Schedule 3 criteria, the length of the relationship and the difficulty of relocating offshore during processing. In Mayu (Migration) [2021] AATA 2301 and 2002289 (Migration) [2023] AATA 4513, the issues concerned sponsorship limitations and compelling circumstances to waive them. In 2005509 (Migration) [2024] AATA 759, a Subclass 309 matter, the recorded issue was the health criteria and the opinion of the Medical Officer of the Commonwealth. In Naureen (Migration) [2024] ARTA 468, the issue was whether it was reasonable to approve a sponsorship despite the sponsor's significant criminal record. These partner visa FAQs cite them only to show the range of issues the Tribunal deals with.

What if the ART affirms the refusal?

If the Tribunal affirms the refusal, the remaining options are limited and depend on the reasons and the person's circumstances. Advice should be obtained immediately, including on lawful status and any other visa pathway. A visa appeal lawyer can assess the position, and the page on visa refusals explains the wider picture. Where a visa has been cancelled rather than refused, the page on visa cancellations applies.

Partner visa FAQs about getting help

The partner visa FAQs about getting help ask whether legal assistance is worth it, when to get it and how to choose. The honest answer is that many straightforward applications are lodged by couples themselves, and that the risk rises sharply where there is a past refusal, a visa condition, an evidence gap, a sponsorship issue, a health or character issue, or a relationship breakdown.

Do I need a lawyer for a partner visa?

No, it is not legally required, but advice is valuable where the case has any complication. The guides on partner visa lawyer vs doing it yourself and on when you need an immigration lawyer for a partner visa explain when it makes a difference. The wider guide on what an immigration lawyer does covers the role in general.

What is the difference between a migration agent and a lawyer?

Both registered migration agents and Australian legal practitioners can give immigration assistance. Lawyers are regulated as legal practitioners and can act in related court and legal work. The guides on migration agent vs immigration lawyer and on partner visas with a migration agent or lawyer set out the differences factually.

Can I get help after I have already lodged?

Yes. A lawyer can review an application already lodged, prepare further evidence and respond to requests. The guide to hiring an immigration lawyer after lodging your own application explains how this works, and the guide to a second opinion from an immigration lawyer covers files prepared elsewhere. Couples who want to move their matter can read how to change immigration lawyer in Australia. When a firm is appointed, it lodges Form 956 so the Department corresponds with it.

What if my matter is urgent?

A refusal, a section 57 letter, an expiring visa or a request with a short deadline should be treated as urgent. Partner visa FAQs about urgency share one answer: do not wait. The guide on urgent immigration lawyer advice explains what to do first.

How My Migration Lawyers helps couples beyond these partner visa FAQs

My Migration Lawyers helps couples whose questions go beyond these partner visa FAQs by assessing the whole case, identifying the real risk, and preparing the application, response or review in the form the law requires. The firm acts in many partner visa matters of every type covered on this page, and it regularly handles complex cases, including applicants without a substantive visa, Schedule 3 and condition 8503 issues, sponsorship limitations, sponsors with criminal records, health waivers, relationships that ended because of family violence, and refusals taken to the Administrative Review Tribunal. It is well placed to handle these matters with care.

What the firm does in a partner visa matter

The firm first takes instructions on the history of the relationship and the immigration history of both partners. It obtains immigration records itself where needed. It checks eligibility issues that can make an application invalid before anything is lodged, such as section 48, condition 8503, the 12-month de facto rule, regional visa restrictions and sponsorship limits. It reviews the couple's evidence across the four aspects of the relationship and identifies gaps. It reviews the couple's own relationship statement and the Form 888 statements for gaps and inconsistencies, and the couple correct and confirm their own account. It checks the forms and Form 80 against the evidence so that dates and addresses match. It lodges the application, deals with section 56 requests and section 57 letters, and keeps the file current through to the permanent stage.

Where a relationship has broken down, the firm advises on the family violence, child and death of sponsor provisions, with safety as the first concern. Where a partner visa has been refused, it reads the decision, works out the review deadline at once and prepares the Tribunal application and evidence. Couples can read more on the partner visa lawyers page, the partner visa lawyers guide, and the guide on booking an immigration lawyer consultation.

Who leads partner visa work at the firm

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page. Couples who want more reading can browse the My Migration Lawyers blog, and the guides on Australian migration lawyers and immigration lawyers in Australia explain how to choose representation.

Where the firm acts for couples

My Migration Lawyers acts for couples across Australia, with consultations by video, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read the guides to choosing the best partner visa lawyer in Australia and in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta.

Book a consultation about your partner visa questions

If your situation raises a question these partner visa FAQs cannot fully answer, the right time to get advice is before you lodge, before you respond to the Department, or the day a refusal arrives. Book a Consultation with My Migration Lawyers to have your partner visa assessed on your own facts. You can also call 1300 040 300.