Australian Partner Visa for Vietnamese Citizens

What does a partner visa for Vietnamese citizens require?

A partner visa for Vietnamese citizens requires the same things as any Australian partner visa: a genuine and continuing relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, a valid marriage or a de facto relationship, an approved sponsor, and identity, health and character checks. What makes a partner visa for Vietnamese citizens different in practice is the evidence. The Department of Home Affairs checks Vietnamese civil records, marriage registration, police records and translations carefully, and it looks closely at how the relationship began.

This article is written for Vietnamese citizens who plan to apply for a partner visa for Vietnamese citizens, and for their Australian partners. In many offshore cases the Australian partner is the person reading, because the Australian partner is the sponsor and usually the person who instructs a lawyer. The article explains which visa subclass fits, what each Vietnamese document is and why it matters, what the Department looks for when a relationship started through an introduction or a short courtship, and what to do if the application is refused. For the wider legal framework, read our complete guide to partner visas in Australia.

The approach throughout is practical. A partner visa for Vietnamese citizens is rarely refused because a couple forgot one document. It is refused because the documents do not match each other, because the marriage was not validly registered, because the earlier visa history contains a problem nobody explained, or because the Department was not satisfied that the relationship is genuine. Each of those risks can be identified before lodgement. Couples who want that check done should speak with our partner visa lawyers.

The legal test is the same for every nationality

There is no separate visa class for Vietnamese citizens. A partner visa for Vietnamese citizens is decided under the Migration Act 1958 and the Migration Regulations 1994, using the same criteria as applications from any other country. The decision maker must be satisfied that the couple have a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately and apart on a permanent basis.

What differs is the context. The Department has experience with Vietnamese documents, Vietnamese marriage practices and the visa histories that are common among Vietnamese applicants. That experience shapes what decision makers ask for and which inconsistencies they notice. A well prepared partner visa for Vietnamese citizens anticipates those questions and answers them in the application, rather than waiting for a request for more information.

Which visa subclass fits a partner visa for Vietnamese citizens?

The right subclass for a partner visa for Vietnamese citizens depends on where the Vietnamese partner is when the application is lodged and whether the couple are married, in a de facto relationship or engaged. There are three pathways: the onshore Subclass 820 and Subclass 801, the offshore Subclass 309 and Subclass 100, and the Subclass 300 prospective marriage visa.

• The Subclass 820 onshore partner visa is for a Vietnamese partner who is in Australia when the application is made. It is lodged together with the permanent Subclass 801. The Subclass 820 vs Subclass 801 explainer explains how the two stages fit together.
• The Subclass 309 offshore partner visa is for a Vietnamese partner who is outside Australia, usually in Vietnam, when the application is made. It is lodged together with the permanent Subclass 100.
• The Subclass 300 prospective marriage visa is for a Vietnamese partner outside Australia who is engaged to an Australian partner and intends to marry in Australia within the visa period.

All applications are lodged online through ImmiAccount. Nobody posts a paper application from Hanoi or Ho Chi Minh City. For an offshore partner visa for Vietnamese citizens, the Australian partner often manages the process from Australia, gathers the Australian evidence and coordinates with the Vietnamese partner, who collects the Vietnamese civil documents. The guide to creating an ImmiAccount explains the account set up.

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 who marries and applies for the onshore partner visa pays a lower charge, from AUD 1,955. One charge covers both stages of the combined application, so a Subclass 820 and Subclass 801 application, or a Subclass 309 and Subclass 100 application, attracts one base charge. Charges are reviewed each 1 July, so the figure should be checked on the Department's website before payment.

The base charge is not the only cost of a partner visa for Vietnamese citizens. Police certificates, health examinations, translations and biometrics are extra. The article on how much a Subclass 820 partner visa costs explains the cost items for onshore applicants. My Migration Lawyers charges fixed professional fees under a written costs agreement, which is discussed in the article on fixed-fee immigration lawyers.

Married, de facto or engaged

A partner visa for Vietnamese citizens can be based on a marriage or on a de facto relationship. A married couple must show a marriage that is valid under Australian law. A de facto couple must generally show that they have been in the relationship for at least 12 months before the application, unless an exception applies, such as registration of the relationship in an Australian state or territory. The de facto partner visa article and the article on whether you really need 12 months of de facto relationship explain those rules.

This distinction matters for Vietnamese couples more than for many others. Some couples hold a traditional Vietnamese wedding and believe they are married, but never register the marriage with the People's Committee. As explained later in this article, an unregistered ceremony does not create a marriage under Vietnamese law. Those couples may need to apply as de facto partners, register the marriage before applying, or marry again in Australia. Choosing the wrong basis is one of the most avoidable mistakes in a partner visa for Vietnamese citizens.

Vietnamese citizens already in Australia: visa traps before applying onshore

A Vietnamese citizen who is already in Australia can usually apply onshore for the Subclass 820, but only if the current visa and visa history allow it. The main traps are condition 8503 on a visitor visa, the Schedule 3 criteria for people without a substantive visa, and the section 48 bar for people who have had a visa refused since their last arrival.

Visitor visa holders and condition 8503

Many Vietnamese partners first come to Australia on a visitor visa to meet the Australian partner's family. Visitor visas are often granted with condition 8503, which is the No Further Stay condition. A person whose visa carries condition 8503 cannot make a valid application for most substantive visas while in Australia, including the onshore partner visa, unless the condition is first waived. The article on the Subclass 820 visa and condition 8503 explains how a waiver request works, and the tourist visa to partner visa guide sets out the checks to make before lodging.

The Department also reads the visitor visa application itself. If the Vietnamese partner applied as a tourist while already planning to marry and stay, or answered questions about marital status or relationships inaccurately, that history can be raised later in the partner visa for Vietnamese citizens. Earlier answers should be checked before the partner application is prepared.

Student visa holders

Vietnamese students form a large group of onshore partner applicants. A student visa holder can usually apply for the Subclass 820 while the student visa is still in effect, provided no condition prevents it. Once a valid application is made, a bridging visa is normally granted, and it comes into effect when the student visa ends. The article on working while waiting for a Subclass 820 visa and the Bridging visa A guide explain what happens next.

Timing matters. If the student visa expires before the partner application is lodged, the Vietnamese partner may become unlawful and then face the Schedule 3 criteria. The Subclass 820 visa guide to requirements and documents covers the standard onshore pathway in more detail.

Bridging visas, Schedule 3 and section 48

A Vietnamese partner who holds only a bridging visa, or no visa at all, when the partner application is made must usually satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Department waives them for compelling reasons. The Schedule 3 waiver service and the articles on the Schedule 3 criteria for applicants who are unlawful and the Schedule 3 partner visa waiver explain what a waiver request must show.

Section 48 of the Migration Act 1958 adds another layer. A person in Australia without a substantive visa who has had a visa refused or cancelled since last entering Australia can apply onshore only for limited visas. The partner visa is one of them, but extra validity rules apply, including two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens, made no more than 6 weeks before lodgement. Form 888 statements do not satisfy that rule. The guide to a partner visa after a visa refusal explains the section 48 pathway, and the bridging visas in Australia guide explains how bridging visas attach to valid applications.

What evidence does the Department check in a partner visa for Vietnamese citizens?

The Department checks six groups of evidence in a partner visa for Vietnamese citizens: identity, civil status, the validity of the marriage, character, the genuineness of the relationship, and the consistency of the applicant's whole visa history. Each group has a Vietnamese dimension, and a weakness in any one of them can lead to refusal.

• Identity: the passport, the Vietnamese citizen identity card and the birth certificate, with names and dates of birth that match across every document.
• Civil status: proof that each partner was free to marry, including divorce records or a death certificate where there was an earlier marriage, and the certificate of marital status where it was used for the marriage.
• Validity of the marriage: the marriage certificate issued when the marriage was registered, or evidence of a marriage in Australia.
• Character: the Vietnamese Judicial Record Certificate, an Australian police certificate and certificates from other countries where required.
• Genuineness: evidence of the financial aspects, the nature of the household, the social aspects and the nature of the commitment, together with the couple's relationship statement and Form 888 statements from people who know them.
• Consistency: earlier visa applications, Form 80 answers and statements made to the Department must match the partner application.

The partner visa document checklist lists the general documents, and the 820 partner visa evidence checklist lists onshore evidence. The sections that follow explain the Vietnamese documents in detail, and why the Department checks each one in a partner visa for Vietnamese citizens.

Vietnamese identity documents and name consistency

Identity in a partner visa for Vietnamese citizens is established mainly through the Vietnamese passport, supported by the Vietnamese citizen identity card and the birth certificate. The Department compares the name, date of birth, place of birth and parents' names across all of these documents and across every earlier Australian visa application. Differences that seem small to the couple can cause serious delay.

Name order and diacritics

Vietnamese names are written family name first, then middle name, then given name, and they carry diacritical marks that are often lost when a name is typed in English. A passport may show the name without marks, a university transcript may show it with marks, and an Australian form may reverse the order. None of these is a problem by itself, but the application must record the name consistently and explain any variations. The Form 80 personal particulars form, where it is requested, asks for other names and spellings. The Form 80 guide explains how to complete it without errors.

Dates of birth and earlier documents

Some Vietnamese records contain a different date of birth from the passport, because of a registration error, a late registration or a correction made later. Where a different date appears in any document lodged with the Department, now or in an earlier application, it should be explained before the Department asks. The Tribunal decision in Amoah, discussed later in this article, shows how a date discrepancy in an earlier application can be raised in a later case.

Household and residence records

Older Vietnamese documents may refer to a household registration book. Vietnam has moved residence records to an electronic database, and paper household books are no longer the main residence record. A partner visa for Vietnamese citizens does not usually need a household book, but if one appears in an earlier application, its contents should be consistent with the rest of the file. The Department does not need the couple to collect old Australian visa records; My Migration Lawyers obtains the visa history itself.

Marriage registration in Vietnam: what makes the marriage valid?

A marriage in Vietnam is legally created when it is registered with the competent People's Committee and the marriage certificate is issued, not when the wedding ceremony or banquet takes place. For a partner visa for Vietnamese citizens based on a Vietnamese marriage, the Department expects the marriage certificate, known in Vietnamese as Giấy chứng nhận kết hôn, together with an English translation.

Wedding ceremony versus registration

Vietnamese families commonly hold an engagement ceremony and a wedding ceremony with relatives and guests. Those events are important social evidence of the relationship, and they should be documented with photographs, invitations and guest lists. They do not, however, create a legal marriage on their own. A couple who held a traditional wedding but did not register the marriage are not spouses under Vietnamese law, and the Department will not treat them as married for a partner visa for Vietnamese citizens.

That does not end the application. A couple who have lived together for 12 months, or who meet an exception, may apply as de facto partners. A couple who are not yet married and are outside Australia may consider the Subclass 300. The point is to identify the true legal status before lodgement. The preparing evidence of a genuine relationship article explains how ceremony evidence fits with other evidence.

Marriages registered with a foreign partner

When a Vietnamese citizen marries an Australian citizen or permanent resident in Vietnam, the marriage is registered with a Vietnamese authority, and the Australian partner usually needs a document confirming that there is no legal impediment to the marriage. The Australian Consulate-General in Ho Chi Minh City issues a Certificate of No Impediment to Marriage to eligible Australians for this purpose, and the consulate states that the Vietnamese government is the authority that solemnises marriages in Vietnam. The Vietnamese partner may also need a certificate of marital status, known as Giấy xác nhận tình trạng hôn nhân, issued by the People's Committee of the commune, ward or township, or by a Vietnamese diplomatic mission abroad.

Vietnam reorganised its local government in 2025, and the level of People's Committee that registers marriages involving a foreign partner has changed over time. Couples should not assume that a marriage is invalid because the issuing office looks different from an older certificate. They should instead make sure the certificate is a genuine registration record issued by the authority that was competent at the time.

Is a Vietnamese marriage recognised in Australia?

A marriage that was validly registered in Vietnam is generally recognised in Australia, provided it would not be void under Australian law. A marriage is not recognised, for example, where one party was still married to someone else, or where a party did not give real consent. The Department assesses validity under Australian law, not only under Vietnamese law. Where there is any doubt, such as an earlier marriage that was not formally ended, the couple should obtain advice before relying on the marriage in a partner visa for Vietnamese citizens.

Marrying in Australia

Some couples marry in Australia instead, for example after the Vietnamese partner arrives on a Subclass 300 or while the Vietnamese partner holds a student visa. An Australian marriage requires a Notice of Intended Marriage given to an authorised celebrant at least one month before the wedding, unless that period is shortened. The Australian marriage certificate is then the primary evidence of the marriage. A Vietnamese wedding ceremony held later for family is social evidence, not the legal marriage.

Previous marriages and divorce records from Vietnam

Where either partner has been married before, a partner visa for Vietnamese citizens must include evidence that the earlier marriage ended before the current marriage took place. In Vietnam a divorce is granted by a court, so the evidence is normally the court judgment or decision recognising the divorce, with an English translation.

The Department checks the dates carefully. If the divorce took effect after the new marriage was registered, the new marriage may be void, and the relationship may need to be assessed as de facto instead. If the divorce was obtained in another country, the Department will consider whether it is recognised. The Tribunal decision in 1900688 (Migration) [2021] AATA 1812, discussed later, records a case where the reported issues included that the applicant did not obtain a divorce from a previous spouse and the validity of the marriage.

When the Australian partner was married before

The Australian partner's history matters too. The Australian partner must provide evidence that any earlier marriage has ended. If the Australian partner has sponsored partners before, regulation 1.20J limits sponsorship to two partners in a lifetime, with at least five years between sponsorships, unless there are compelling circumstances. The sponsorship limitations service and the article on when a sponsor cannot sponsor a partner visa explain that rule.

Earlier relationships must be disclosed

An earlier marriage or de facto relationship that is not disclosed can become a far bigger problem than the relationship itself. Forms ask about previous relationships, and a wrong answer can be treated as false or misleading information. The safest course in any partner visa for Vietnamese citizens is to disclose every earlier relationship accurately and attach the relevant records.

Judicial Record Certificate No. 2: the Vietnamese police certificate

The Vietnamese police certificate for a partner visa for Vietnamese citizens is the Judicial Record Certificate, known in Vietnamese as Phiếu lý lịch tư pháp. There are two forms. Certificate No. 2 contains the full details of the person's own criminal record and is the version that should be requested for immigration purposes, unless the Department asks for something different.

Who issues it

The Embassy of Vietnam in the United Kingdom states that, from 1 March 2025, responsibility for issuing Judicial Record Certificates transferred to the Ministry of Public Security and provincial police departments. Before that date the certificates were issued through the judicial record system under the Ministry of Justice. A certificate issued under the earlier arrangement is not invalid for that reason, but the Department generally expects a recent certificate, so an old certificate may need to be replaced.

Vietnamese diplomatic missions do not issue the certificate themselves. A Vietnamese partner who lives in Australia and needs a Vietnamese certificate usually applies through the Vietnamese system from abroad, which can take time. The application should be started early so that the certificate is ready when it is needed.

Australian and other police certificates

A partner visa for Vietnamese citizens also needs police certificates from other countries where the applicant has lived. The Department's general rule is that a police certificate is required from each country where the person has lived for 12 months or more in the last 10 years since turning 16. A Vietnamese partner who has studied in Australia will usually need an Australian National Police Check as well. A Vietnamese partner who worked in Japan, Korea or Taiwan for more than a year may need certificates from there too.

Character concerns

A conviction does not automatically mean refusal, but it must be disclosed and explained. Australian partners who sponsor an applicant with children may also be asked for their own police certificates under the sponsorship rules that protect children. Any character concern in a partner visa for Vietnamese citizens should be assessed by a lawyer before lodgement, not after a request arrives.

Vietnamese translations: what the Department expects

Every document in a partner visa for Vietnamese citizens that is not in English must be lodged with an English translation. Translations made in Australia should be done by a NAATI-certified translator. Translations made outside Australia should include the translator's full name, address, telephone number and a statement of their qualifications and experience in the language.

What should be translated

The marriage certificate, birth certificate, divorce records, citizen identity card, Judicial Record Certificate and certificate of marital status should all be translated in full, including stamps, seals and handwritten notes. Relationship evidence written in Vietnamese, such as key messages, invitations or letters, should be translated where the couple rely on its content. A translation that leaves out the issuing authority or the registration number can cause the Department to doubt the document.

Names in translations

The translator should spell each name exactly as it appears in the passport. A translation that reorders the name, adds diacritical marks not used in the passport, or uses a different spelling of the commune or province creates an inconsistency the Department may question. Before lodgement, every translated name and date in a partner visa for Vietnamese citizens should be checked against the passport and the forms.

Relationship statement and Form 888 statements in Vietnamese

A partner visa has one relationship statement, written by the couple in their own words. Where the Vietnamese partner writes their part in Vietnamese, an English translation is needed, and the translated version must still reflect the person's own words. Form 888 statements from Vietnamese family members must also be translated. The articles on the partner visa relationship statement, on who can make a Form 888 and on Form 888 examples and common mistakes explain what each document should contain. Form 888 witnesses must be Australian citizens, Australian permanent residents or eligible New Zealand citizens, so Vietnamese relatives in Vietnam may give evidence in other ways, such as signed letters with translations.

Introductions through family, friends or agencies

A relationship that began through an introduction by family, friends or a marriage introduction agency can support a partner visa for Vietnamese citizens, provided the relationship is now genuine and the introduction is disclosed honestly. The Department does not refuse a partner visa because a couple were introduced. It refuses when it is not satisfied that the relationship is genuine, or when the couple have given false or misleading information about how they met.

Disclosure is the key risk

Some couples feel that an introduction through an agency or a family arrangement looks bad, so they describe the first meeting differently. That is a serious error. Interview answers, earlier visa applications and messages often reveal the true history, and an inconsistent account can lead the Department to doubt the whole relationship. The Tribunal decision in Yeung, discussed later, reported issues that included incorrect information in the visa application and in Department interviews, and a meeting through an introduction agency that was not disclosed.

How to present an introduced relationship

An introduced relationship is presented in the same way as any other: the couple explain who introduced them, when and how they first communicated, when they first met in person, how the relationship developed, and when they decided to commit to each other. The evidence should show the relationship growing over time through communication, visits and family involvement. The couple's relationship statement should describe these events in their own words, with dates that match the travel records and messages.

Short courtship, age gap and language barrier scrutiny

Decision makers look closely at a partner visa for Vietnamese citizens where the couple married quickly, where there is a large age difference, or where the partners do not share a common language. None of these features is a ground for refusal. Each one is a reason the Department will want more evidence that the relationship is genuine.

Short courtship

A marriage registered a few weeks or months after the couple first met is common in many communities and is not unlawful. The risk is that the evidence of shared life is thin at the time of application. A couple in this position should show how much time they have spent together, how they communicate when apart, how their families have recognised the marriage, and what concrete plans they have made for life in Australia. The Tribunal decision in Wang, discussed later, concerned a couple who were validly married two months after meeting.

Age difference

An age difference between the partners, particularly where the Australian partner is significantly older, often prompts closer questioning. The decision maker may ask how the couple met, what they share, how each family views the relationship, and how they plan their future together. Honest, detailed answers supported by evidence of time spent together carry far more weight than general statements that age does not matter.

Language barrier

Where the Australian partner does not speak Vietnamese and the Vietnamese partner has limited English, the Department may ask how the couple communicate. Couples should describe this plainly: through a shared second language, through translation apps, through a gradually improving common language, or through a mix. Evidence of English classes, Vietnamese lessons taken by the Australian partner, or long video calls shows effort and commitment. If the Department interviews the couple, each partner should answer in the language they are comfortable with, and should never guess an answer.

Knowledge of each other

Whatever the circumstances, a partner visa for Vietnamese citizens is much stronger when each partner knows the other's family, work, history and daily life. Inaccurate knowledge of a partner was a reported issue in one of the Tribunal decisions discussed later. The partner visa evidence guide explains how decision makers weigh the evidence as a whole.

Evidence of the four aspects for Vietnamese couples

The Department assesses a partner visa for Vietnamese 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. Evidence for Vietnamese couples often looks different from evidence for couples who have lived together in Australia for years, and that difference should be explained, not hidden.

Financial aspects

For couples living apart, money transfers from the Australian partner to the Vietnamese partner are common evidence of financial interdependence. Transfers should be shown with bank records, not only receipts, and their purpose should be explained. Support given to the Vietnamese partner's parents is common in Vietnamese families, and it should be described honestly as part of the couple's arrangements. Couples living together in Australia should show joint accounts, shared bills and shared expenses.

Nature of the household

The household aspect covers how the couple live together and share domestic responsibilities. For couples who have not yet lived together in Australia, evidence of time living together during visits to Vietnam, such as shared accommodation bookings and photographs, is relevant. Couples in Australia should show a shared address on documents, a lease or mortgage, and how they divide the work of the household.

Social aspects

The social aspects of a Vietnamese relationship often centre on family. An engagement ceremony, a wedding banquet, visits to each partner's family, and recognition by relatives and the local community are all strong social evidence. Photographs should be dated and labelled with the names of the people shown. Joint invitations, travel together and joint friends in Australia also help.

Nature of the commitment

Commitment is shown through the length of the relationship, the couple's knowledge of each other, plans for the future, and the steps they have taken to build a life together. Evidence of planning a move to Australia, enrolling in English classes, looking for work or housing, and naming each other in important documents can all support the nature of the commitment in a partner visa for Vietnamese citizens.

Communication evidence: Zalo, Messenger and video calls

Communication evidence for a partner visa for Vietnamese citizens commonly comes from Zalo, Facebook Messenger, Viber, WhatsApp and similar apps, together with call logs and video call records. It should be presented as a short, organised sample across the whole relationship, not as thousands of pages of screenshots.

How to present it

The best approach is to select messages and call records from each stage of the relationship, show the dates clearly, and include the app account details that identify each partner. Where the messages are in Vietnamese, the key passages relied on should be translated. A brief explanatory note can tell the decision maker what each sample shows, such as planning a visit, discussing family or arranging the wedding.

Communication is not enough on its own

Frequent communication shows contact, but contact alone does not prove a genuine relationship. A partner visa for Vietnamese citizens that relies almost entirely on message logs, with little evidence of time together, family recognition or shared plans, is at risk. Communication evidence should support the other aspects, not replace them.

Previous refused applications and visa history

A previous refused visa application, by the Vietnamese partner or by the Australian partner as sponsor, does not prevent a partner visa for Vietnamese citizens, but it must be disclosed and the reasons for refusal must be addressed. The Department will compare the earlier file with the new one, and an unexplained difference can be treated as false or misleading information.

Earlier visitor and student applications

Earlier visitor visa applications often asked about marital status, employment and the purpose of the visit. If the Vietnamese partner said they were single when they were in a relationship, or gave a different account of employment, the inconsistency must be explained. The Tribunal decisions in Truong and Pham, discussed later, both reported issues concerning false or misleading information about marital status in a previous visitor visa application.

False or misleading information and bogus documents

Public interest criterion 4020 allows the Department to refuse a visa where false or misleading information, or a bogus document, has been given in the application or in an earlier application. This is why every Vietnamese document in a partner visa for Vietnamese citizens should be a genuine record obtained from the issuing authority. A document obtained through an intermediary, without a clear issuing record, should never be relied on. The article on why partner visas get refused explains the integrity rules further.

Requests and natural justice letters

If the Department has concerns, it may ask for more information under section 56 or invite comment on adverse information under section 57. A careful response at that stage can prevent a refusal. The articles on responding to a section 56 request for more information and on the section 57 natural justice letter for a partner visa explain each step. Changes in circumstances after lodgement must be notified using Form 1022, as explained in the article on Form 1022 and when to lodge it.

Refusal, the 28-day review deadline and the ART fee

If a partner visa for Vietnamese citizens is refused, an application for review by the Administrative Review Tribunal must 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 deadline cannot be extended. A late application is not properly made, and the Tribunal has no jurisdiction to hear it.

Who applies for review

For an onshore Subclass 820 refusal, the Vietnamese partner applies for review and must be in Australia. For an offshore Subclass 309 refusal where the Vietnamese partner is outside Australia, the Australian sponsor applies for review under subsection 338(5) of the Migration Act. This is one more reason why the Australian partner should understand the offshore application from the start.

The ART fee as at October 2026

As at October 2026, the ART fee for review of a reviewable migration decision, which includes a partner visa refusal, is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid before the deadline for applying for review. A 50 per cent reduction may be granted for financial hardship. The Tribunal refunds 50 per cent of the fee paid if the decision is set aside or varied, or if the matter is remitted to the Department.

What to do straight away

A refused couple should read the decision record carefully, work out exactly which criteria were not met, and get advice before the deadline. The Partner Visa Refusals service, the article on partner visa refusal appeal options, the article on why Subclass 820 visas are refused and the ART review guide explain the process. Our visa refusals service covers refusals more broadly, and the guide on when you need a visa appeal lawyer explains what a review lawyer does.

What Tribunal decisions show for a partner visa for Vietnamese citizens

Tribunal decisions show that the issues most relevant to a partner visa for Vietnamese citizens, including marriage registration, introductions, short courtships, communication and earlier visa answers, are regularly argued on review. Every 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 nothing here suggests any party's nationality.

• Nguyen (Migration) [2022] AATA 3272, Subclass 300: the reported issues were a genuine intention to live together as spouses, the review applicant's frequent trips to Vietnam, evidence of communication and wedding arrangements.
• Patten (Migration) [2021] AATA 5056, Subclass 300: the reported issues were a genuine intention to marry, a genuine and continuing relationship, a previous engagement ceremony and reception in Vietnam, and money transfers.
• Nguyen (Migration) [2018] AATA 1544, Subclass 300: the reported issues were a genuine intention to marry, a cultural wedding ceremony in Vietnam, a Notice of Intended Marriage form provided, and no major financial commitments together.
• Nguyen (Migration) [2022] AATA 185, Subclass 309: the reported issues were a genuine long-term relationship, a cultural engagement and marriage registered in the home country, daily communication during COVID-19 travel restrictions, and the nature of the commitment.
• Yeung (Migration) [2020] AATA 4137, Subclass 820: the reported issues were a Federal Circuit Court remittal, whether the applicant was a de facto partner or spouse, incorrect information in the visa application and Department interviews, and a meeting through an introduction agency that was not disclosed.
• Wang (Migration) [2024] ARTA 822, Subclass 820: the reported issues were a genuine and continuing relationship, a valid marriage two months after meeting, the financial, household and social aspects of the relationship, the nature of the commitment and future plans.
• TRUONG (Migration) [2024] AATA 680, Subclass 820: the reported issues were false or misleading information in a material particular, a previous visitor visa application, marital status, and being separated but still living together.
• Pham (Migration) [2021] AATA 4350, Subclass 820: the reported issues were false or misleading information in a previous visitor visa application, answering "married" when separated at the time and later divorced, and a credible witness and evidence.
• 1900688 (Migration) [2021] AATA 1812, Subclass 820: the reported issues were false or misleading information, previous relationships, that the applicant did not obtain a divorce from a previous spouse, and the validity of the parties' marriage.
• Raymont (Migration) [2020] AATA 5584, Subclass 309: the reported issues were a genuine and continuing relationship, visits to each other's countries, the applicant's inaccurate knowledge of the sponsor, and methods of communication.
• 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, the nature of the commitment and an age difference.
• Amoah (Migration) [2024] AATA 2511, Subclass 300: the reported issues were identity, an educational certificate provided with a previous application showing a different year of birth, a probable error by the issuer, and that the document was submitted as education history rather than identity.

Decisions before October 2024 were made by the former Administrative Appeals Tribunal, which the Administrative Review Tribunal replaced. These decisions show the kinds of issues that are argued, not that any particular case will succeed. A remittal means the Tribunal found a reason for the Department to look again; it is not a visa grant. The lesson for a partner visa for Vietnamese citizens is that marriage records, the way the couple met and earlier visa answers are tested closely, and that a full, consistent and honest file matters at every stage.

How My Migration Lawyers handles a partner visa for Vietnamese citizens

My Migration Lawyers handles a partner visa for Vietnamese citizens by checking the Vietnamese civil records, the marriage registration, the visa history and the relationship evidence against each other before anything is lodged. The firm acts in many partner matters involving Vietnamese citizens and their Australian partners, deals with complex files as a regular part of its work, including earlier refusals, condition 8503, Schedule 3 and introduced relationships, and is capable of handling these matters from first advice to decision or review.

The work on a Vietnamese partner matter follows a set sequence.

• Pathway advice. The firm confirms whether the Subclass 820, the Subclass 309 or the Subclass 300 fits, whether the couple are legally married or should apply as de facto partners, and whether condition 8503, Schedule 3 or section 48 affects an onshore application.
• Visa history review. The firm obtains and reviews the Vietnamese partner's Australian visa history itself, and compares earlier answers about marital status, employment and relationships with the new application.
• Civil document review. The firm checks the marriage certificate, the certificate of marital status, birth and divorce records and the citizen identity card for consistency of names, dates and issuing authorities, and advises on any record that should be obtained again.
• Police certificates. The firm identifies every police certificate required, including Judicial Record Certificate No. 2 and the Australian check, and plans the timing so that certificates are current.
• Translation check. The firm checks that each translation is complete, that names match the passport, and that translations made in Australia are by a NAATI-certified translator.
• Relationship evidence review. The relationship statement and Form 888 statements are the couple's and witnesses' own evidence. The firm reviews them, identifies gaps and inconsistencies with the documents and history, and the people correct and confirm their own words.
• Lodgement and follow up. The firm lodges the application, responds to requests for more information and natural justice letters, and advises on review if a refusal occurs.

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 how the firm works as partner visa lawyers in Australia. The firm also explains when an immigration lawyer is needed for a partner visa, how a partner visa lawyer compares with doing it yourself and the factual differences between a migration agent and a lawyer for a partner visa.

Consultations are held by video, so Australian partners and Vietnamese partners can speak with the firm wherever they live. My Migration Lawyers acts for couples across Australia, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. For other visa matters, the firm's immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta can assist. Couples comparing firms can read the guides to choosing a partner visa lawyer in Australia, Sydney, Melbourne and Brisbane.

The firm cannot promise any outcome. What it can do is make sure that a partner visa for Vietnamese citizens is lodged on the right basis, with genuine documents that agree with each other and a history that has been explained before the Department asks.

Book a Consultation with My Migration Lawyers to have your Vietnamese documents, visa history and relationship evidence reviewed before you lodge. You can also call 1300 040 300.