Australian Partner Visa for Filipino Citizens

What does a partner visa for Filipino citizens require?

A partner visa for Filipino citizens requires the same things Australian law requires of every partner visa applicant: a genuine and continuing relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, proof of identity, health and character clearances, and valid civil documents showing that both people were free to enter the relationship. The difference for a partner visa for Filipino citizens lies in the documents and in one legal problem that appears again and again: a previous marriage that has never been ended in a way Philippine law recognises.

This guide explains the requirements as they apply to Filipino applicants and their Australian partners. It covers the visa pathways, the visas Filipino citizens commonly hold before applying in Australia, the Philippine Statistics Authority records the Department of Home Affairs expects to see, the National Bureau of Investigation clearance, and how the four aspects of a relationship are usually evidenced by Filipino couples. Most of all, it explains why the prior marriage question has to be answered before anything is lodged. For the wider legal framework, read the complete guide to partner visas in Australia.

My Migration Lawyers acts for Filipino applicants and their Australian partners in onshore and offshore matters. In practice, the client who contacts the firm is often the Australian partner, who wants to know whether a partner visa for Filipino citizens is realistic before money and time are spent. Couples who want that assessment can speak with our partner visa lawyers.

Who this guide is written for

This guide is written for two readers. The first is the Australian citizen or permanent resident whose partner is a Filipino citizen, whether that partner is in Australia or in the Philippines. The second is the Filipino partner who is already in Australia on a visitor, student or work visa and wants to stay. Both readers face the same legal tests. The practical steps differ depending on where the Filipino partner is when the application is lodged, which is explained in the next section.

The same law, different documents

There is no special visa for Filipino citizens. A partner visa for Filipino citizens is the ordinary Australian partner visa, applied to a Filipino applicant. The Department does not lower or raise the legal threshold because of nationality. What changes is the evidence. Philippine civil registration works through the Philippine Statistics Authority, police clearances come from the National Bureau of Investigation, and family law in the Philippines treats marriage and its dissolution very differently from Australian law. A file that ignores those differences is a file that invites questions.

Which partner visa pathway suits a Filipino citizen and an Australian partner?

The pathway for a partner visa for Filipino citizens depends on where the Filipino partner is when the application is lodged and whether the couple are married, in a de facto relationship or engaged. A Filipino partner in Australia usually applies for the combined Subclass 820 onshore partner visa and Subclass 801. A Filipino partner outside Australia usually applies for the combined Subclass 309 offshore partner visa and Subclass 100. An engaged couple who intend to marry may consider the Subclass 300 prospective marriage visa.

Onshore: Subclass 820 and Subclass 801

The onshore application is made while the Filipino partner is in Australia. If it is validly made, it normally gives the applicant a bridging visa while the Department processes it. The temporary Subclass 820 is assessed first, and the permanent Subclass 801 is assessed later. The Subclass 820 vs Subclass 801 explainer sets out how the two stages fit together, and the Subclass 820 visa guide to requirements and documents covers the standard onshore checklist.

Offshore: Subclass 309 and Subclass 100

The offshore application is lodged online while the Filipino partner is outside Australia. Nobody posts a paper application from Manila or Cebu. The application is made through ImmiAccount, and in most matters the Australian partner is the person who instructs the firm and coordinates the evidence. For a partner visa for Filipino citizens on the offshore pathway, the Australian partner is also the person who applies to the Administrative Review Tribunal if a Subclass 309 application is refused while the applicant is outside Australia, under subsection 338(5) of the Migration Act 1958.

Engaged couples: Subclass 300

The Subclass 300 suits a couple who have met in person, intend to marry and want the Filipino partner to travel to Australia to marry within the visa period. It is a sensible option where a prior marriage in the Philippines has been dealt with but the couple have not yet married. It is not a solution for a Filipino partner who is still legally married to someone else, because the intention to marry must be capable of being carried out lawfully.

The government charge as at October 2026

As at October 2026, the Department of Home Affairs charge for a partner visa starts from AUD 11,710 for most applicants. A Subclass 300 holder applying in Australia pays from AUD 1,955. One charge covers both stages of the combined application, whether that is the Subclass 820 and Subclass 801 or the Subclass 309 and Subclass 100. Charges are reviewed each 1 July. Police certificates, health examinations, biometrics and translations are extra. The Subclass 820 visa cost guide explains each cost in more detail. My Migration Lawyers charges its professional fees as fixed fees under a written costs agreement.

Filipino citizens already in Australia on visitor, student or work visas

Filipino citizens who apply onshore commonly hold a visitor visa, a student visa or a temporary work visa when they apply, and each of those visas carries its own risks for a partner visa for Filipino citizens. The visa held on the day of lodgement can decide whether a valid onshore application can be made at all, and whether extra criteria apply.

Visitor visas and condition 8503

Many Filipino partners first come to Australia as visitors to meet the Australian partner's family. Visitor visas granted to Filipino citizens often carry condition 8503 (No Further Stay). While that condition applies, the holder cannot make a valid application for most substantive visas in Australia, including a partner visa, unless the condition is first waived. The article on the Subclass 820 visa and condition 8503 explains the waiver test, and the tourist visa to partner visa guide sets out the other checks a visitor should make before relying on a partner visa for Filipino citizens onshore.

The Department also looks at what the visitor said in the visitor visa application. If the visitor application described the trip as tourism, and the couple were in fact planning to marry or live together, the difference will be noticed. Honest and consistent answers across every application matter.

Student and temporary work visas

Filipino students and temporary skilled workers often meet their Australian partners while living here. A student or work visa holder who applies for a partner visa while still holding a substantive visa avoids the Schedule 3 criteria. The risk arises when the substantive visa expires before lodgement, or when a further student or work visa has been refused. Our article on whether you can work while waiting for your Subclass 820 visa explains the bridging visa that follows a valid onshore application.

No substantive visa: Schedule 3

A Filipino partner who no longer holds a substantive visa at the time of application faces Schedule 3 criteria 3001, 3003 and 3004. Those criteria can be waived only where there are compelling reasons. The Schedule 3 criteria for applicants who are unlawful explain the tests, and My Migration Lawyers prepares Schedule 3 waiver submissions where the facts support them. A Filipino partner on a Bridging visa A or other bridging visa should have the position checked before lodging.

A previous refusal: section 48

Section 48 of the Migration Act 1958 limits onshore applications by people without a substantive visa who have had a visa refused or cancelled since last entering Australia. A partner visa is one of the visas that can still be applied for, but only if extra validity rules are met, including two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens, made no more than 6 weeks before lodgement, under subparagraph 1124B(3)(e)(iii) of Schedule 1 to the Migration Regulations 1994. Form 888 statements do not satisfy that rule. The partner visa after a visa refusal guide covers this pathway in detail.

The prior marriage problem: why it comes first

The prior marriage problem is the single most important issue in many applications for a partner visa for Filipino citizens, because Philippine law does not provide for absolute divorce for most citizens, and a Filipino who married before may still be legally married under Philippine law even after many years of separation. Before the couple marry, and before any application is lodged, the status of every previous marriage of both partners has to be established and documented.

No general divorce for most Filipino citizens

The Supreme Court of the Philippines has confirmed that Philippine law does not provide for absolute divorce, so Philippine courts cannot grant one. A separation, even a long one, does not end a marriage. A church separation, a private agreement or a barangay settlement does not end it either. This is a fact that surprises many Australian partners. They meet a Filipino partner who has lived apart from a former spouse for ten years, has children from that marriage, and considers themselves single. Under Philippine law, that person may still be married. Any application for a partner visa for Filipino citizens that describes the applicant as divorced or single when no court has ended the marriage creates a serious credibility problem.

There are limited exceptions. Some Filipino citizens are covered by personal laws that permit divorce in defined circumstances, and those cases need specific advice. For most Filipino citizens, however, the marriage continues until a Philippine court ends it or recognises a foreign divorce.

Annulment and declaration of nullity

The two ordinary ways to end a marriage in Philippine law are an annulment and a declaration of nullity. A declaration of nullity is a court finding that the marriage was void from the start. An annulment applies to a marriage that was valid when made but can be set aside for grounds recognised by the Family Code. Both require court proceedings in the Philippines, and both can take a long time. The detail of Philippine family law is outside the scope of an Australian partner visa article, and couples should get advice from a Philippine lawyer on those proceedings. What matters for a partner visa for Filipino citizens is the end result: a final court decision and an updated civil record.

Judicial recognition of a foreign divorce

Article 26 of the Family Code of the Philippines provides that where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is later validly obtained abroad capacitating the foreign spouse to remarry, the Filipino spouse also has capacity to remarry under Philippine law. The Supreme Court has explained that the foreign divorce still has to be recognised by a Philippine court before it takes effect in the Philippine civil registry. The person seeking recognition must prove the foreign divorce and the foreign law under which it was granted.

This matters to many couples. A Filipino partner who was previously married to a foreign national, perhaps an earlier Australian partner, may hold a foreign divorce order but have no Philippine court recognition. Under Philippine law that person may not yet be free to remarry in the Philippines. The question of whether Australian law recognises the same divorce is a separate question, discussed in Body B.

The annotated PSA record

After a court grants an annulment, declares a marriage void or recognises a foreign divorce, the decision is registered and the marriage record is annotated. The Philippine Statistics Authority then issues the marriage certificate with the annotation showing the change in civil status. For a partner visa for Filipino citizens, the annotated PSA marriage certificate is usually the clearest evidence that the previous marriage has ended under Philippine law. A court decision without the annotated record is weaker evidence. An unannotated record that still shows a subsisting marriage will be read by the Department exactly as it appears.

How Australian law treats a previous Philippine marriage

Australian law, not Philippine law, decides whether a marriage is valid for an Australian partner visa, but Philippine law often decides whether the Filipino partner was free to marry in the first place. The Department assesses whether the couple are in a married relationship that is valid under Australian law, or, if not, whether they meet the definition of a de facto relationship. A partner visa for Filipino citizens built on a marriage that Australian law treats as void will not succeed as a spouse application.

A marriage while a previous marriage subsists

Australian law does not recognise a marriage where one party was already married to someone else at the time. If a Filipino partner whose earlier Philippine marriage has never been ended marries an Australian partner, whether in the Philippines, in Australia or elsewhere, the new marriage may be void. Marrying in another country to avoid the Philippine rules does not solve the problem. Australian law has its own rules for recognising overseas divorces and annulments, and the answer under Australian law is not always the same as the answer under Philippine law. That is why the Department assesses validity under Australian law, and why couples should get advice before they marry rather than after. The partner visa document checklist lists the divorce and death certificates that must be provided for every previous marriage.

When the relationship may be assessed as de facto

A couple who cannot yet marry because a previous marriage is still on foot may still be in a genuine de facto relationship. The Migration Act 1958 recognises de facto relationships where the couple have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. The 12-month rule and its exceptions are explained in the de facto partner visa article and in our article on whether you really need 12 months of de facto relationship. For a partner visa for Filipino citizens where the annulment is still running, a de facto pathway is often the realistic option. The previous marriage must still be declared fully.

When the Australian partner was married before

The prior marriage question applies to the Australian partner as well. An Australian sponsor who divorced in Australia holds an Australian divorce order, which Australian law recognises. A Philippine marriage registrar, however, may ask the Australian partner for evidence of capacity to marry before a marriage can proceed in the Philippines. An Australian sponsor who has sponsored a partner before also needs to consider the sponsorship limitations under regulation 1.20J, which generally limits a sponsor to two partners in a lifetime, with sponsorships at least five years apart, unless there are compelling circumstances. The article on when a sponsor cannot sponsor a partner visa explains the rule.

Marrying in the Philippines

A couple who marry in the Philippines must meet Philippine requirements for a marriage licence. A foreign partner is usually asked for a certificate of legal capacity to contract marriage. Australian citizens commonly obtain a Certificate of No Impediment to Marriage from the Australian Government for this purpose. The Philippine local civil registrar issues the licence, the marriage is solemnised, and the record is later transmitted to the Philippine Statistics Authority. For a partner visa for Filipino citizens, the date on the PSA marriage certificate should match the date given in every form and in both relationship statements. A religious ceremony held on a different day from the registered marriage should be explained.

Marrying in Australia

A couple who marry in Australia do so under the Marriage Act 1961, before an authorised celebrant, after giving the required notice. The Australian marriage certificate is then the primary evidence of the marriage. A Filipino citizen who marries in Australia may also want the marriage recorded in the Philippine civil registry through a Report of Marriage, but that step is for Philippine purposes. For a partner visa for Filipino citizens, the Australian certificate is what the Department relies on, provided both people were free to marry on the wedding day.

Waiting for an annulment or recognition to finish

Philippine court proceedings can take a long time, and couples often ask whether they should wait. There is no single answer. Some couples lodge on a de facto basis while the court process continues and later marry once the annotated PSA record is issued. Others wait for the record before they marry and lodge. The right choice depends on how long the couple have lived together, where the Filipino partner is, what visa they hold, and whether any deadline is approaching. A partner visa for Filipino citizens lodged on the wrong basis can be refused even when the relationship is entirely genuine, so this choice should be made with legal advice.

Declaring every previous relationship

Every previous marriage and every previous de facto relationship must be declared in the application forms and in Form 80. An application for a partner visa for Filipino citizens that omits a former spouse, a child from a former relationship or an earlier partner visa application risks a finding that false or misleading information was given. That risk is far more serious than the previous relationship itself. The Form 80 guide explains how to complete the relationship history accurately.

PSA civil documents for a partner visa for Filipino citizens

The core civil documents for a partner visa for Filipino citizens are issued by the Philippine Statistics Authority: the PSA birth certificate, the PSA marriage certificate where the couple married in the Philippines, and the Certificate of No Marriage Record where the Filipino partner has never married. The Department generally expects PSA-issued copies rather than older local civil registry copies.

PSA birth certificate

The PSA birth certificate is the primary identity and civil status document for a Filipino applicant. It records the full name, date and place of birth and the names of both parents. Any difference between the name on the birth certificate and the name in the passport, school records or employment records should be explained before lodgement, not after a request from the Department. Where a birth was registered late, the Department may look at the late registration more closely and ask for supporting records.

PSA marriage certificate

Where the couple married in the Philippines, the marriage is registered with the local civil registrar and later transmitted to the Philippine Statistics Authority. A PSA copy of the marriage certificate can take some time to become available after the wedding. Couples who lodge a partner visa for Filipino citizens soon after the wedding sometimes provide the local civil registry copy first and the PSA copy when it is issued. If a Filipino citizen married outside the Philippines, the marriage is commonly reported to the Philippine embassy or consulate through a Report of Marriage so that it can be recorded in the Philippine civil registry.

Certificate of No Marriage Record

The Philippine Statistics Authority describes the Certificate of No Marriage Record, commonly called a CENOMAR, as a certification that a person has not contracted any marriage. It is sometimes called a certificate of singleness. A CENOMAR is useful for a partner visa for Filipino citizens because it shows, from the national registry, that the Filipino partner has no recorded marriage. Where the PSA holds a marriage record for the person, the search will not produce a clean CENOMAR. The PSA instead reports the marriage it holds. That result tells the Department, and the couple, that there is a previous marriage which must be dealt with.

The PSA also draws a distinction that matters. A single person is someone who has never married. A person who was married and is now divorced or widowed is usually described as unmarried. An application that calls a separated Filipino partner single is not accurate.

Apostille and certification of copies

The Philippines is a party to the Hague Apostille Convention. Whether the Department asks for an apostille on a particular Philippine document depends on the document and on the Department's request. Certified copies of original documents are usually enough at lodgement. The firm checks what is needed in each matter rather than asking clients to obtain apostilles that may not be required.

Filipino names and the middle name

Filipino naming conventions often cause avoidable inconsistencies. A Filipino middle name is commonly the mother's maiden surname, and a married woman may use her husband's surname, her own surname, or both in different documents. A partner visa for Filipino citizens should use one consistent name across the application forms, Form 80, the passport and the PSA records, and should list every other name the person has used. Inconsistent names are one of the most common reasons for identity questions.

NBI clearance and other police certificates

The police certificate for a partner visa for Filipino citizens is the clearance issued by the National Bureau of Investigation of the Philippines, commonly called the NBI clearance. Police certificates are generally required from each country where the person has lived for 12 months or more in the last 10 years since turning 16.

Obtaining an NBI clearance from outside the Philippines

A Filipino partner who is in Australia can usually apply for an NBI clearance through the Philippine embassy or a Philippine consulate, which takes fingerprints for the application. A person in the Philippines applies directly. Processing times vary, and a name that matches another person on the NBI database can cause delay while the record is checked. Couples should start the NBI clearance early, because it often affects the timing of a partner visa for Filipino citizens more than any other single document.

Other countries

Many Filipino partners have worked overseas, often in the Middle East or elsewhere in Asia, before coming to Australia. A person who lived in another country for 12 months or more in the last 10 years since turning 16 will usually need that country's police certificate as well. An Australian partner who has lived overseas may need foreign police certificates too. The Australian partner and the applicant also provide Australian police checks where required.

Character issues

A conviction, a pending charge or a past immigration breach should be raised with a lawyer before lodgement. Character concerns can be assessed and, in many cases, explained. Concealment cannot. The visa refusals page explains how refusals on character and integrity grounds are reviewed.

Translations and documents in Filipino languages

Most PSA certificates are issued in English, so a partner visa for Filipino citizens often needs fewer translations than applications from other countries. Any document in Filipino, Cebuano, Ilocano or another language must be accompanied by an English translation. Translations made in Australia should be done by a NAATI-certified translator. Messages in Tagalog or Taglish that are lodged as communication evidence should be selected carefully and translated where they are relied on.

The order in which to gather documents

The order matters because some Philippine documents take much longer than others, and some cannot be finalised until another step is complete. For most matters, the practical order for a partner visa for Filipino citizens is: first, confirm the civil status of both partners from the PSA records and any court decisions; second, start the NBI clearance and any other foreign police certificates; third, obtain the PSA birth certificate and either the CENOMAR or the annotated marriage record; fourth, collect relationship evidence across the whole relationship; and last, finalise the relationship statements and Form 888 statements so they reflect the final document set. A couple who start with photographs and statements, and only later find a previous marriage record at the PSA, may have to rewrite everything.

Identity checks and consistency across the file

Identity is assessed across the whole file, not only from the passport. For a partner visa for Filipino citizens, the Department compares the passport, the PSA birth certificate, previous visa applications, Form 80, the NBI clearance and any earlier applications to Australia or other countries. An inconsistent date of birth, a different spelling of a surname or an undeclared earlier application can lead to further requests, a section 56 request for more information or a natural justice letter under section 57.

The firm obtains the client's Australian visa history itself. Clients do not need to find old visa grant letters or past application forms. What the firm needs from the couple is honest information about every previous application, every previous relationship and every name used.

Relationship evidence for Filipino couples across the four aspects

The Department assesses a partner visa for Filipino citizens by looking at four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The evidence that proves each aspect looks different for Filipino couples, particularly where the couple have spent long periods apart. The partner visa relationship evidence guide and the article on preparing evidence of a genuine relationship explain the general approach.

Financial aspects and remittances

Remittances are a normal part of many Filipino family arrangements, and they appear in many applications for a partner visa for Filipino citizens. The Department does not treat money transfers as a problem in themselves. It looks at what the transfers show. Regular transfers from the Australian partner to the Filipino partner, used for shared costs or the Filipino partner's living expenses while the couple are apart, can show financial interdependence. Transfers from the Filipino partner to parents or siblings show family obligations, not the couple's own finances. Both kinds of transfer should be explained.

The weakness the Department looks for is a pattern in which money flows in one direction only, without any other sign of shared financial life. Joint accounts once the couple live together, shared bills, joint leases and shared responsibility for expenses carry more weight. The 820 partner visa evidence checklist lists the financial records most often used.

Nature of the household

Where the couple live together in Australia, the nature of the household is shown by a lease or mortgage, shared mail, and evidence of how household tasks and costs are shared. Where the couple lived together in the Philippines, rental receipts, utility bills and statements from the landlord or the barangay can help. Many Filipino couples spend time living with the Filipino partner's family. That is common and is not a weakness, but the evidence should show that the couple lived as a couple within that household.

Social aspects: family, church and community recognition

Family recognition carries real weight in Filipino relationships, and it is often the strongest part of a partner visa for Filipino citizens. Evidence that the Australian partner has met the Filipino partner's parents, been introduced at family gatherings, attended a christening, a fiesta or a church event, or been named as a godparent shows that the relationship is known and accepted. Form 888 statements from people in Australia who know the couple, and photographs across time and occasions, support this aspect. Our articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain how supporting witnesses give their own evidence.

Nature of the commitment

The nature of the commitment is shown by how long the relationship has lasted, how the couple have dealt with periods apart, their knowledge of each other's lives, and their plans for the future. Joint plans for children, for the care of the Filipino partner's children from an earlier relationship, or for support of ageing parents, are all relevant. A couple who have stayed together through a long annulment process can often show a strong commitment by the very fact that they waited.

The relationship statement

Each partner gives a relationship statement in their own words, describing how they met, how the relationship developed, and how they live now. In a partner visa for Filipino citizens the statement should deal openly with any previous marriage, any age difference and any period apart. The partner visa relationship statement guide explains what decision makers look for. The firm reviews each statement for gaps and inconsistencies with the documents, and the couple correct and confirm their own words.

Age differences, online meeting and short courtships

An age difference, a relationship that began online or a short period before marriage does not disqualify a partner visa for Filipino citizens, but each of these features is likely to lead the Department to look harder at the evidence. The task is to show, with consistent evidence, how the relationship actually developed.

Age difference

Where one partner is considerably older, the Department may ask whether the relationship is genuine or whether it exists mainly for migration or financial reasons. The answer lies in the detail: how the couple met, how often they have spent time together in person, how well each knows the other's family and history, and whether their plans are realistic. The relationship statements should address the age difference directly rather than avoid it.

Relationships that began online

Many couples meet through dating apps, social media or online communities. The Department accepts that relationships begin this way. What it expects to see is a progression from online contact to in-person meetings, with evidence of visits, travel and time spent together. For a partner visa for Filipino citizens, travel records showing the Australian partner's visits to the Philippines and any time the Filipino partner spent in Australia are central.

Communication evidence

Filipino couples commonly communicate through Facebook Messenger, Viber, WhatsApp and video calls. Communication records are useful, but they should be presented selectively: a sample spread across the whole relationship, with dates visible and translations where needed, is better than thousands of screenshots. Communication evidence supports the other aspects. It does not replace them.

Short courtships

A couple who married within weeks or months of meeting in person should expect questions about why they married quickly. Cultural reasons, family expectations and religious reasons are often part of the answer, and they should be explained in the couple's own words. Consistency between the two relationship statements matters more than length.

Why partner visas for Filipino citizens are refused and the 28-day deadline

A partner visa for Filipino citizens is most often refused because the Department is not satisfied that the relationship is genuine and continuing, because the marriage relied on is not valid under Australian law, or because the Department finds that false or misleading information was given about a previous relationship or an earlier application. The reasons partner visas get refused and the seven most common reasons Subclass 820 visas are refused explain these grounds in more detail.

The ART deadline and fee as at October 2026

Under subsection 347(3) of the Migration Act 1958, an application for review of a refused partner visa must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The deadline cannot be extended. A late application is not properly made, and the Administrative Review Tribunal has no jurisdiction to hear it. As at October 2026 the Tribunal fee is AUD 3,727, and it must be paid before the review deadline. A 50% reduction may be granted for financial hardship, and the Tribunal refunds 50% of the fee if the decision is set aside, varied or remitted to the Department.

For an onshore Subclass 820 refusal, the Filipino applicant applies for review and must be in Australia. For a Subclass 309 refusal where the applicant is outside Australia, the Australian partner applies for review. Our partner visa refusals team acts in these reviews, and the guides to appeal options after a partner visa refusal, what to expect at an ART review and when you need a visa appeal lawyer explain the process.

Tribunal decisions on previous marriages, age differences and remittances

Tribunal decisions show that previous marriages, undeclared relationships, age differences, online relationships and money transfers are regularly at the centre of partner visa reviews. Each decision listed below was remitted, which means the Tribunal sent the matter back to the Department to reconsider with the Tribunal's findings. The descriptions record only the issues reported in each decision's headnote. The headnotes do not state the nationality of the parties, and none of these decisions should be read as a decision about Filipino applicants in particular.

• 1900688 (Migration) [2021] AATA 1812, Subclass 820: the reported issues were false or misleading information, previous relationships, the applicant not having obtained a divorce from a previous spouse, and the validity of the parties' marriage.
• Najem (Migration) [2026] ARTA 575, Subclass 309: the reported issues were a genuine and continuing relationship, a marriage in the home country before the divorce of the sponsor's first marriage was finalised, the relationship being assessed as a de facto relationship, and the nature of the commitment.
• 1706602 (Migration) [2019] AATA 5299, Subclass 309: the reported issues were a genuine spousal relationship, the validity of the marriage with the sponsor, the status of the visa applicant's previous marriage, and a marriage solemnised and recognised as valid under local laws.
• Pham (Migration) [2021] AATA 4350, Subclass 820: the reported issues were false or misleading information in a previous visitor visa application, where the applicant answered "married" while separated at the time and later divorced, and a credible witness and evidence.
• 2107016 (Migration) [2022] AATA 2250, Subclass 820: among the reported issues were false or misleading information and the applicants' failure to disclose details of a previous relationship and a Subclass 300 visa application.
• Al-Bdoor (Migration) [2021] AATA 3904, Subclass 309: the reported issues were a genuine spousal relationship, a divorce in 2012, remarriage in 2018, and financial aspects.
• Rahmani (Migration) [2022] AATA 3881, Subclass 309: the reported issues were commitment to a shared life together, a valid marriage in a third country, an age difference with the sponsor wife being significantly older, and very little time spent together.
• Dinh (Migration) [2024] AATA 1162, Subclass 820: the reported issues were a genuine and continuing relationship, a valid marriage, the financial, household and social aspects of the relationship and the nature of commitment, and an age difference.
• May (Migration) [2018] AATA 5770, Subclass 300: the reported issues were a genuine intention to live together as spouses and to marry, internet dating, and online communication.
• Akbari (Migration) [2024] AATA 2674, Subclass 309: the reported issues were financial support, regular small money transfers with one nine-month gap, a claim of one large transfer, and the acceptance of evidence of regular small transfers.
• 1900797 (Migration) [2023] AATA 1923, Subclass 309: the reported issues were a genuine and continuing relationship, a child born of the relationship, social media and other communication, and money transfers.

These decisions do not decide that any particular application for a partner visa for Filipino citizens will succeed. They show that the Tribunal considers previous marriages, disclosure, age differences, online relationships and remittances on the evidence, and that a refusal at the Department is not always the end of the matter. They also show that non-disclosure of a previous relationship is treated as a serious issue in its own right.

How My Migration Lawyers handles a partner visa for Filipino citizens

My Migration Lawyers handles a partner visa for Filipino citizens by settling the civil status of both partners first, then building the application around documents that are consistent with that status. The firm deals with complex partner matters as a regular part of its work, acts in many matters for Filipino applicants and their Australian partners, and is capable of handling files where a previous Philippine marriage, an annulment that is still running or a foreign divorce that has not yet been recognised in the Philippines sits at the centre of the case.

The work on these matters follows a set sequence.

• Civil status review. The firm reviews every previous marriage and relationship of both partners, the PSA records, any court decisions and any foreign divorce, and advises whether the couple can rely on a marriage, should rely on a de facto relationship, or should wait.
• Pathway and visa check. The firm checks the Filipino partner's current visa, any condition 8503, Schedule 3 exposure and any section 48 bar, and advises whether the application should be made onshore or offshore.
• Document plan. The firm identifies the PSA birth and marriage certificates, the CENOMAR or annotated marriage record, the NBI clearance and other police certificates the matter needs, and sets the order in which they should be obtained.
• Identity and name consistency. The firm checks names, middle names, dates and places of birth across the passport, PSA records, Form 80 and previous applications, and obtains the client's Australian visa history itself.
• Evidence review. The relationship statements and Form 888 statements are the couple's and the witnesses' own evidence. The firm reviews them against the documents, identifies gaps and inconsistencies on remittances, age difference, online meeting and time apart, and the people concerned correct and confirm their own words.
• Lodgement and follow up. The firm lodges the application, responds to requests from the Department and advises on Form 1022 changes of circumstances while the application is processed.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers, learn about Weiwei Zhang, and read about when an immigration lawyer is needed for a partner visa, how to choose a partner visa lawyer in Australia and a partner visa lawyer compared with doing it yourself. Couples who have already lodged their own application can read about hiring an immigration lawyer after lodgement or getting a second opinion.

Consultations are held by video, and the firm acts for Filipino applicants and Australian partners across the country, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and our immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm cannot promise any outcome. What it can do is make sure that the previous marriage question is answered correctly before a partner visa for Filipino citizens is lodged, and that the application tells one consistent and honest story.

Book a Consultation with My Migration Lawyers to have your civil status, documents and pathway reviewed before you apply for a partner visa for Filipino citizens. You can also call 1300 040 300.