Partner Visa Nature of Commitment

The partner visa nature of commitment aspect is the part of a partner visa assessment that asks whether a couple are truly committed to each other for the long term. This guide explains how the Department of Home Affairs and the Administrative Review Tribunal assess the partner visa nature of commitment, what the law says, and what evidence shows a real commitment.

Every partner visa depends on a genuine and continuing relationship. The Department does not take that relationship on trust. It assesses it against four aspects set out in the Migration Regulations 1994: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. The partner visa nature of commitment is the fourth aspect, and in many refused cases it is the one that decides the outcome.

This article applies to the onshore Subclass 820 and Subclass 801 partner visa and, in the same way, to the offshore Subclass 309 and Subclass 100 partner visa. For an overview of the whole process, read the firm's complete guide to partner visas in Australia. If you want to speak to the firm about your own relationship, the partner visa lawyers page explains how My Migration Lawyers acts in these matters.

What is the partner visa nature of commitment?

The partner visa nature of commitment is the aspect of the relationship that shows whether both partners have a mutual commitment to a shared life together, to the exclusion of all others, that they expect to last. It is not about a single document. It is about what the whole of the evidence says about the depth and permanence of the relationship.

Section 5F of the Migration Act 1958 defines when a person is the spouse of another person for migration purposes. Among other things, the couple must have a mutual commitment to a shared life as a married couple to the exclusion of all others, the relationship must be genuine and continuing, and the couple must live together or not live separately and apart on a permanent basis. Regulation 1.15A then lists the circumstances the Department considers when it decides whether those requirements are met.

Regulation 1.15A(3)(d) describes the partner visa nature of commitment aspect in these words: "the nature of the persons' commitment to each other, including: (i) the duration of the relationship; (ii) the length of time during which the persons have lived together; (iii) the degree of companionship and emotional support that the persons draw from each other; and (iv) whether the persons see the relationship as a long-term one."

For de facto partners, the equivalent list is in regulation 1.09A(3)(d), and the factors are the same. De facto relationships raise their own issues, which are covered in the article on the de facto partner visa and the 12-month rule. This article focuses on how commitment itself is assessed.

How the four aspects of a partner visa relationship work together

The partner visa nature of commitment is never assessed alone. Regulation 1.15A(2) requires the Department, for partner visas, to consider all of the circumstances of the relationship, including the four aspects in regulation 1.15A(3). The Department's policy on assessing married relationships explains how that works in practice.

• No counting exercise. The policy says the assessment must not be based on comparing how many of the four aspects are satisfied against how many are not. A strong file on three aspects does not automatically cover a weak fourth aspect, and a weak aspect does not automatically cause refusal.
• Circumstances, not criteria. The four aspects are circumstances to be considered. They are not separate criteria that must each be passed.
• Non-exhaustive lists. The factors listed under each aspect are examples. A relationship may show other features that are also relevant.
• On balance. The decision maker considers each relationship against all of the factors and any other relevant information, and then decides on balance whether the legal definition is met.

This is why a partner visa nature of commitment problem is rarely about one missing document. It is usually about a pattern. The firm's guide on how to prove your relationship is genuine explains the other three aspects, and the article on preparing evidence of a genuine relationship explains how evidence is organised across all four.

The policy also says that where a partner visa is refused because the Department is not satisfied that a spousal relationship exists, the refusal decision must address all four aspects. A refusal that ignores the partner visa nature of commitment evidence altogether may be open to challenge on review.

Mutuality: the central idea in the partner visa nature of commitment

The Department's policy says the partner visa nature of commitment requires an assessment of the mutuality of the partners' commitment to each other. Mutuality means the commitment runs in both directions. It is not enough for one partner to be devoted to the other. Both must hold the same commitment, and the evidence should show it from both sides.

The policy gives two examples of how mutuality may be assessed.

• Knowledge of each other's personal circumstances. This could include each partner's background and family situation. The policy notes that this could be established at interview.
• Evidence of intentions that the relationship be long-term. The policy gives as examples the extent to which the partners have combined their affairs, and the extent to which they have provided for each other, such as being a beneficiary of each other's will or superannuation.

Both examples matter in practice. A couple who cannot answer basic questions about each other's families, work or history will struggle to show mutuality, however many joint documents they hold. A couple who have never provided for each other in any formal way, even after years together, may find that the Department asks why.

Mutuality is also why the sponsor's evidence matters as much as the applicant's. In a partner visa nature of commitment assessment, the sponsor's own account of the relationship, the sponsor's own plans and the sponsor's own conduct are all relevant. A sponsor who appears disengaged from the application can weaken an otherwise strong case.

The four partner visa nature of commitment factors explained

Regulation 1.15A(3)(d) lists four factors. Each one is considered, and none of them is decisive alone. The sections below explain what each factor means in practice.

Duration of the relationship

The first partner visa nature of commitment factor is the duration of the relationship. A longer relationship usually gives more evidence of commitment, simply because there has been more time for the couple to build a shared life.

The Department's policy is clear that no specific length of time is prescribed for married couples. The length of the marriage should be taken into account, but all of the other factors must also be considered. A short marriage is not a reason for refusal in itself.

What a short relationship does is put more weight on the other factors. Where a couple married soon after meeting, the decision maker will look closely at how the relationship developed, how well the partners know each other, and whether the commitment is mutual. The relationship timeline in the partner visa relationship statement is where that development is explained in the couple's own words.

Length of time living together

The second factor is the length of time the couple have lived together. Living together is strong evidence of a shared life. Section 5F also requires a married couple to live together or not live separately and apart on a permanent basis.

For couples who have lived together for some time, the evidence usually comes from the nature of the household aspect: leases, mortgage documents, utility accounts and mail addressed to both partners at the same address. For the partner visa nature of commitment factor, the question is different. It is not only whether the couple share an address, but what the time together shows about their commitment.

The policy also deals with couples who have not yet lived together. A married couple who have never lived together, and who cannot satisfy the decision maker that they intend to live together in the future, cannot meet the living together requirement. There is no fixed time by which the couple must live together, and each case is considered on its own facts.

Companionship and emotional support

The third factor is the degree of companionship and emotional support the partners draw from each other. This is the most personal of the partner visa nature of commitment factors, and it is often the one with the least documentary evidence.

Companionship and emotional support appear in ordinary life: daily communication, shared routines, time spent together, and the way each partner turns to the other in difficult times. Support during illness, the death of a family member, job loss, visa uncertainty or other hardship is often the clearest evidence of all, because it shows the commitment being tested.

Evidence of this factor usually comes from the couple's own accounts in the relationship statement, communication records, photographs over time, and the observations of people who know them. The firm's articles on Form 888 for partner visas explain how friends and family can describe what they have seen of the relationship.

Whether the couple see the relationship as long-term

The fourth factor is whether the persons see the relationship as a long-term one. This is the forward-looking factor. It asks whether the couple themselves expect and intend the relationship to last.

The Department usually looks for evidence that the couple act as people who expect to stay together. That includes combining their affairs, making provision for each other, making joint decisions that bind them for years ahead, and describing a shared future consistently. Future plans are one part of this factor, and they are discussed briefly later in this article.

Common misunderstandings about the partner visa nature of commitment

Several ideas about the partner visa nature of commitment are widely repeated and wrong. Each one can lead couples to prepare the wrong evidence.

• "A marriage certificate proves commitment." No. A valid marriage is a separate requirement under section 5F. The Department still assesses whether the married couple have a mutual commitment to a shared life, and the four aspects still apply to married couples.
• "Commitment means future plans." No. Future plans are relevant to one of the four factors. The other three factors look at the relationship as it already exists: its duration, the time spent living together, and the companionship and support the partners give each other.
• "More documents mean more commitment." No. A large volume of photographs and messages does not show commitment if it does not show mutuality, depth and permanence. A smaller set of well-chosen evidence that addresses each factor is usually more persuasive.
• "Time apart means the relationship is not genuine." No. The law asks whether any separation is permanent. A temporary separation with a clear reason and continued contact is consistent with a committed relationship.
• "Only the applicant's evidence matters." No. Commitment must be mutual. The sponsor's evidence is just as important to the partner visa nature of commitment assessment as the applicant's.

Understanding these points early allows a couple to gather the right evidence before lodgement, rather than responding to concerns after the Department has raised them. The Subclass 820 partner visa guide explains how the relationship requirements fit with the other criteria.

Who assesses the partner visa nature of commitment

The partner visa nature of commitment is first assessed by a Department decision maker, called a delegate. The delegate reads the application, the relationship statement, the Form 888 supporting statements and the documents, and may request more information or interview the couple.

If the delegate refuses the application, the refusal can usually be reviewed by the Administrative Review Tribunal, provided the review is lodged within the strict time limit. On review, the Tribunal considers the matter afresh. It applies the same section 5F definition and the same regulation 1.15A factors, and it can consider new evidence, including evidence that did not exist when the Department decided.

The Tribunal often hears from both partners at a hearing. That gives the couple an opportunity to explain their commitment directly, but it also tests it. Inconsistent answers between the partners, or between their oral evidence and their written evidence, can be as damaging at the Tribunal as they are at the Department.

The legal framework is the same for the Subclass 820 visa, the Subclass 820 requirements and documents and the Subclass 300 Prospective Marriage visa, although the Subclass 300 visa asks whether the couple genuinely intend to live together as spouses rather than whether they are already married. Same-sex couples are assessed in exactly the same way, and the firm's LGBTI partner visa page covers issues specific to those applications.

What evidence shows the partner visa nature of commitment?

The best partner visa nature of commitment evidence shows the commitment in action, over time, from both partners. No single document proves commitment. The Department looks at the whole of the evidence and asks whether it tells a consistent story of two people who have built, and intend to keep, a shared life.

The categories below are the ones that most often carry weight. The firm's partner visa document checklist and the 820 partner visa evidence checklist show where they sit within the wider application.

Knowledge of each other's circumstances

Department policy specifically mentions each partner's knowledge of the other's personal circumstances, including background and family situation. This is evidence that cannot be manufactured. A couple in a genuine relationship usually know each other's families, histories, work, health, habits, friends and plans in detail.

That knowledge appears in the relationship statement, in each partner's account of the other's family, and in how the couple answer questions at an interview or hearing. Where one partner describes the other's family, previous relationships or work history incorrectly, the decision maker may doubt whether the relationship is as close as claimed.

Wills, superannuation and insurance nominations

Department policy gives wills and superannuation as examples of partners providing for each other. These documents carry weight because they have legal effect. A person who names their partner as the beneficiary of their will or superannuation is making a decision about what happens if they die. That is strong partner visa nature of commitment evidence.

Life insurance beneficiary nominations, nominations on income protection policies, and naming the partner as next of kin or emergency contact with employers, hospitals and other institutions can work in the same way. They show that each partner has formally placed the other at the centre of their affairs.

Timing matters. Nominations made years before lodgement carry more weight than nominations made in the week before the application was lodged. A recent nomination is still worth providing, but it should be part of a wider body of evidence rather than the only sign of commitment.

Combining affairs

The policy refers to the extent to which the partners have combined their affairs. There is overlap here with the financial aspects of the relationship, but the focus is different. For the partner visa nature of commitment, the question is what the combining of affairs shows about the couple's long-term intentions.

Joint ownership of property, a joint mortgage, a joint lease over several years, joint loans, shared responsibility for children, and powers of attorney in favour of each other all show a long-term commitment. These are arrangements people do not usually make with someone they expect to leave.

Time spent together

Time together is the raw material of a relationship. Where the couple live together, the household evidence shows it. Where they have lived apart, travel records, boarding passes, accommodation bookings and photographs show the periods they spent together. A pattern of visits over time, rather than a single short trip before lodgement, is better evidence of commitment.

Support during hardship

Evidence of support during hardship is often the most persuasive partner visa nature of commitment evidence. It includes caring for a partner during illness or recovery, travelling together for a family funeral, supporting a partner financially through unemployment, and standing beside a partner through a visa refusal or a period of uncertainty.

This evidence is usually described in the relationship statement and in Form 888 supporting statements. Where documents exist, such as medical certificates showing the partner as carer, emails arranging travel, or records of financial support, they can be provided in support.

Family involvement

The involvement of each partner's family in the relationship is relevant to commitment as well as to the social aspects. Meeting each other's parents, attending family events, marriage ceremonies attended by family, and each partner being treated as part of the other's family all point to a relationship both families accept as permanent.

The firm's article on Form 888 example answers and common mistakes explains how family members and friends can describe what they have seen. Form 888 is a supporting statement made by an Australian citizen or permanent resident who knows the couple. It is the witness's own account and should describe what the witness has personally observed.

Partner visa nature of commitment evidence in the relationship statement

The relationship statement is the couple's own account of their relationship. There is one relationship statement for the application, and the four aspects of the relationship are all addressed within it. It is not split into separate statements for each aspect.

For the partner visa nature of commitment, the relationship statement should show how the relationship developed, when and why the couple decided to commit to each other, how they support each other, how they have handled time apart, and how they see their shared future. It should be specific. Dates, places, names and events are far more persuasive than general statements of love.

The relationship statement is the client's own evidence. It should be written from the client's own memory and reviewed and corrected by the client before it is lodged. Where the sponsor also gives an account, the two accounts should agree on the key facts, without being identical in wording. Two accounts that are word-for-word the same may suggest they were not each partner's own evidence.

Periods apart and the partner visa nature of commitment

Periods apart are common, and they do not prevent a couple from meeting the partner visa nature of commitment requirements. Couples live apart for work, study, visa reasons, caring responsibilities, family emergencies and many other reasons.

The law does not require couples to be together every day. Section 5F requires a married couple to live together or not live separately and apart on a permanent basis. The word that matters is permanent. A temporary separation is consistent with a married relationship. A permanent one is not.

Department policy addresses this directly. Where a couple who are, or until recently were, living separately claim that the separation is not permanent, the decision maker must consider the reasons for the separation and whether those reasons are consistent with a mutual commitment to each other.

How to explain time apart

A period apart is best explained by three things: the reason for it, how the couple maintained the relationship during it, and the plan for it to end.

• The reason. The reason should be clear and verifiable where possible. Employment contracts, enrolment records, medical records or visa documents can confirm why one partner was elsewhere.
• Maintaining the relationship. Regular communication, visits, financial support, joint decision-making and continued involvement in each other's lives show that the relationship continued during the separation.
• The end of the separation. The couple should show when and how they expect to live together again, and what steps they have taken towards it.

Where the separation was caused by the visa process itself, for example where the applicant had to leave Australia, the explanation is usually straightforward. The articles on Bridging Visa B, Bridging Visa A and bridging visas in Australia explain travel and status during processing, and the article on working while waiting for a Subclass 820 visa explains work rights.

Separations that cause concern

Some patterns of separation attract closer attention. A long period apart with little communication, a separation that began without a clear reason and has no planned end, or a period in which one partner appears to have lived as a single person can all raise doubt about the partner visa nature of commitment.

Where a separation reflected a genuine difficulty in the relationship that the couple later resolved, honesty is usually the best approach. A relationship that went through a difficult period and recovered can still be a committed relationship. A relationship statement that hides the difficulty, which the Department later learns of from other evidence, creates a credibility problem.

If the relationship has actually ended, the position changes entirely. The article on what happens if the relationship breaks down during a Subclass 820 application explains the options, including the family violence provisions for partner visas.

Previous relationships and overlapping relationships

A previous relationship is not a problem for the partner visa nature of commitment in itself. Many applicants and sponsors have been married or in long relationships before. What matters is that the earlier relationship has ended, and that it has been disclosed consistently.

Commitment to the exclusion of all others

Section 5F requires a mutual commitment to a shared life as a married couple to the exclusion of all others. A partner who is still in another relationship cannot have that exclusive commitment. Department policy states that, for the section 5F requirements to be met, there can be only one ongoing partner relationship. Any other concurrent relationship must already have ended by death, divorce or permanent separation.

In practice, the issue arises in a few ways. A partner may have separated from a former spouse but not divorced. The timeline may show that the new relationship began before the old one clearly ended. Or the Department may hold information suggesting that one partner remains in contact with a former partner in a way that looks like a continuing relationship. Each situation needs a clear, documented explanation of when and how the earlier relationship ended.

Disclosing previous relationships consistently

Previous relationships must be disclosed consistently across the application form, the relationship statement, Form 80 where it is requested, and any earlier visa applications. An earlier visa application that described a person as single at a time when the relationship statement says the relationship had begun, or that named a different partner, will be noticed.

The Tribunal decision in Huynh (Migration) [2023] AATA 92, a Subclass 820 matter that the Tribunal remitted to the Department for reconsideration, records issues including that the delegate was not satisfied about the genuine relationship and that the sponsor had been in a previous relationship. The issue line also records that the Tribunal was satisfied about the genuine relationship at the time of application. The lesson is not that a previous relationship is fatal. It is that a previous relationship must be explained clearly so it does not overshadow the current one.

The sponsor's history is also relevant in another way. Limits apply to how many partners a person can sponsor and how soon after a previous sponsorship. The firm's page on partner visa sponsorship limitations and the article on when a sponsor cannot sponsor a partner visa explain those rules.

Partner visa interviews and the nature of commitment

The Department can interview the applicant, the sponsor or both. Department policy notes that knowledge of each other's personal circumstances could be established at interview, which makes the interview a direct test of the partner visa nature of commitment.

Questions often cover how the couple met, how the relationship developed, each partner's family, daily routines, recent events, and plans. Partners are sometimes interviewed separately and their answers compared. Small differences in detail are normal and expected. Significant differences on major facts, such as when the couple started living together or whether a family member attended the wedding, can raise concerns.

The best preparation is not memorising answers. It is ensuring that the relationship statement, the Form 888 supporting statements and the documents are accurate, so that both partners can answer from their own genuine knowledge of the relationship.

Couples who met on a visitor visa

Many couples meet while one partner is visiting Australia. A short relationship that began during a visit is assessed in the same way as any other. The partner visa nature of commitment evidence must show that the relationship developed into a genuine commitment, and the timeline must be consistent with what was said in the earlier visitor visa application.

The article on moving from a tourist visa to a partner visa in Australia explains the issues, including visa conditions that can affect whether an application can be made in Australia. Applicants who have already had a visa refused should also read about applying for a partner visa after a visa refusal.

When the Department asks for more evidence of commitment

The Department may ask for more partner visa nature of commitment evidence at any stage. It usually does so through a request under section 56 of the Migration Act 1958. The firm's article on responding to a section 56 request for more information explains how those requests work. The time to respond is stated in the request and is strictly applied.

Where the Department has information that could lead to refusal, it will usually invite comment first. The article on the section 57 natural justice letter for a partner visa explains how to respond. A response to concerns about commitment should address the specific concern raised, with evidence, rather than simply repeating that the relationship is genuine.

Changes in circumstances after lodgement, such as a new address, a new child or a period apart, should be notified. The article on Form 1022 change of circumstances explains when to lodge it. Applicants who appointed a representative will have done so using Form 956 or Form 956A, and updated evidence is usually uploaded through ImmiAccount.

How commitment is re-tested at the permanent stage

The partner visa nature of commitment is not assessed once and then set aside. It is assessed again before the permanent visa is granted.

Onshore applicants lodge one application for both the temporary Subclass 820 visa and the permanent Subclass 801 visa. In most cases, the applicant is not eligible for the Subclass 801 visa until at least two years after the application was lodged. The article comparing Subclass 820 and Subclass 801 explains the two stages, and the article on how long the onshore 820 partner visa takes explains the waiting period in general terms.

Department policy for the Subclass 801 visa says the applicant must show that they continue to meet the definition of spouse, or de facto partner, before the permanent visa is granted. The policy describes this as a fresh assessment, based on the evidence before the delegate at the time of decision. It may be made on the documents provided by the applicant and sponsor, or it may involve further investigation, including interviewing both partners.

What the Department looks for at the permanent stage

At the permanent stage, the partner visa nature of commitment evidence should show that the relationship has continued and deepened since lodgement. Typical evidence includes:

• an updated relationship statement describing the relationship since the first stage, reviewed by both partners;
• continued joint living arrangements, or a clear explanation of any time apart;
• new joint commitments made since lodgement, such as property, children, or long-term financial arrangements;
• updated wills, superannuation or insurance nominations in each other's favour; and
• updated Form 888 supporting statements from people who know the couple.

A permanent-stage file that simply repeats the evidence lodged two years earlier can look as if the relationship has stood still. The stronger approach is to show what has happened in the relationship since then. The article on the Subclass 820 partner visa explains the wider permanent-stage requirements.

Future plans: one part of the long-term factor

Future plans are relevant to the fourth partner visa nature of commitment factor: whether the couple see the relationship as a long-term one. Plans about where to live, children, careers, property and caring for family show that the couple expect to remain together.

Plans carry more weight when they are shared, consistent between the partners and supported by steps already taken. A plan to buy a home is more persuasive when the couple have savings for a deposit. Future plans are covered in more detail in a separate article in this series. For the partner visa nature of commitment assessment, the key point is that plans should support, not replace, evidence of a commitment that already exists.

Weak partner visa nature of commitment evidence that leads to refusal

Most refusals on relationship grounds do not turn on one missing document. They turn on a pattern that leaves the decision maker unpersuaded. The firm's articles on why partner visas get refused and the most common reasons Subclass 820 partner visas are refused explain the wider picture. The patterns below are the ones most often seen in partner visa nature of commitment refusals.

• Partners who know little about each other. Inaccurate or vague knowledge of each other's family, work or history undermines mutuality.
• Evidence created only for the application. Joint accounts, nominations and leases opened shortly before lodgement, with little activity, carry less weight than arrangements built up over time.
• One-sided commitment. Evidence that comes almost entirely from one partner, with a disengaged sponsor, makes mutuality hard to show.
• Unexplained separations. Long periods apart with no clear reason, little contact and no plan to reunite raise doubt about whether the separation is temporary.
• Undisclosed or unresolved previous relationships. An earlier relationship that has not clearly ended is inconsistent with a commitment to the exclusion of all others.
• Inconsistent accounts. Differences between the partners' accounts, the Form 888 supporting statements, Form 80 and earlier applications create credibility problems.
• A generic relationship statement. A relationship statement full of general statements of love, with few specific dates, events and examples, gives the decision maker little to rely on.

Each of these patterns can usually be addressed if it is identified early. Some are evidence problems that better evidence can fix. Others are explanation problems that an honest, specific account can resolve.

Illustrative partner visa nature of commitment scenarios

The scenarios below are generic illustrations, not accounts of any client. They show how ordinary facts can strengthen or weaken the partner visa nature of commitment evidence.

The couple who married quickly

A couple marry a few months after meeting. Their financial and household evidence is limited because they have not been together long. The partner visa nature of commitment evidence carries more weight in this situation. Detailed knowledge of each other's families, a clear account of why they decided to marry, the involvement of both families in the wedding, and steps already taken to combine their affairs can show a real commitment despite the short relationship.

The couple separated by work

One partner accepts a contract interstate for a year while the other remains in the family home. They speak every day, visit regularly and continue to share expenses. The separation has a clear reason, a clear end date and evidence of a continuing relationship. It is consistent with a mutual commitment, and the relationship statement should explain it rather than leave it for the Department to discover.

The sponsor with an earlier marriage

The sponsor separated from a former spouse years before the current relationship began, but the divorce was finalised only recently. The relationship statement does not mention the earlier marriage. The Department finds it in the sponsor's earlier records. The issue could have been explained simply with the separation date and the divorce order. Leaving it out turns an ordinary fact into a question about the partner visa nature of commitment and about credibility.

The permanent stage file that stood still

At the permanent stage, a couple lodge the same documents they provided two years earlier, with no new evidence. They are still together and the relationship has grown, but the file does not show it. Updated evidence of their life since lodgement would have shown the continuing commitment the Department must be satisfied of.

What the Tribunal has said about commitment

Tribunal decisions show how the partner visa nature of commitment factors are applied in practice. The decisions below are described only by the issues recorded for them. In each case, the Tribunal remitted the matter to the Department for reconsideration. Remittal means the matter is sent back to the Department to decide again in accordance with the Tribunal's directions. It is not the same as a grant.

• Gaspar (Migration) [2024] AATA 4055. A Subclass 820 matter. The issues recorded include that the applicant was wholly reliant on the sponsor's income to meet her day-to-day needs, and whether the parties see their relationship as a long-term commitment. Financial dependence on a partner can itself reflect the commitment between them.
• Singh (Migration) [2019] AATA 3257. A Subclass 820 matter. The issues recorded include a genuine spousal relationship, a joint bank account and nomination as sole beneficiary of superannuation. Superannuation nominations are one of the examples given in Department policy of partners providing for each other.
• Huynh (Migration) [2023] AATA 92. Discussed above, concerning a sponsor's previous relationship.

These decisions do not establish that any particular case will succeed. They show that the Tribunal looks at the actual evidence of commitment, and that commitment evidence which the Department did not accept may be assessed differently on review.

If the Department refuses on commitment grounds

A refusal based on the partner visa nature of commitment is usually reviewable at the Administrative Review Tribunal. Review deadlines are short and strictly applied, so anyone who receives a refusal should get advice immediately.

On review, the Tribunal considers the relationship afresh, including evidence that was not before the Department. That is often the opportunity to address the specific concerns in the refusal decision: knowledge of each other, explanations for separations, previous relationships and evidence of long-term intentions.

The firm's pages on partner visa refusals and visa refusals explain how these matters are handled. The articles on partner visa refusal appeal options, what to expect at an ART review and when you need a visa appeal lawyer explain the review process. Where a visa has been granted and the Department later questions the relationship, the visa cancellations page explains the position.

Applicants without a substantive visa face additional requirements under Schedule 3 of the Migration Regulations 1994. The Schedule 3 waiver page and the article on Schedule 3 criteria for unlawful applicants explain those rules. Applicants whose visa carried condition 8503 should read about applying for a Subclass 820 visa with a No Further Stay condition.

Getting a second view on your commitment evidence

Many couples prepare their own application and only seek advice when a request or a refusal arrives. A review of the partner visa nature of commitment evidence before lodgement, or before responding to a request, can identify gaps while there is still time to address them.

The articles on getting a second opinion from an immigration lawyer, hiring an immigration lawyer after lodging your own application and urgent immigration lawyer advice explain what to expect. Couples weighing up whether to seek help can read the comparison of a partner visa lawyer and doing it yourself, the guide on when you need an immigration lawyer for a partner visa and the guide on how to choose a partner visa lawyer in Australia.

How My Migration Lawyers presents your partner visa nature of commitment evidence

My Migration Lawyers acts in many partner visa matters where the partner visa nature of commitment is the central issue. These include couples with short relationships, long periods apart, previous marriages, earlier visa refusals, cultural or family circumstances that shaped how the relationship developed, and applications already refused on relationship grounds. The firm is experienced with complex cases and is capable of handling them from first advice through to Tribunal review.

The firm's work on the partner visa nature of commitment is practical and specific.

• Testing the evidence against regulation 1.15A(3)(d). The firm reviews the couple's evidence against each of the four commitment factors and the mutuality examples in Department policy, and identifies where the evidence is strong and where it is thin.
• Building a consistent timeline. The firm checks the relationship timeline against the application form, Form 80, travel records, earlier visa applications and the Form 888 supporting statements, so that dates, addresses and previous relationships line up.
• Explaining periods apart and previous relationships. Where a separation or an earlier relationship needs explaining, the firm advises on the documents that confirm the reason and the end date, and on how the explanation should be presented.
• Reviewing the relationship statement. The relationship statement is the client's own evidence. The client provides their account, and the firm presents it in the form the law requires, covering all four aspects. The client reviews and corrects it before anything is lodged.
• Advising on evidence of long-term commitment. The firm advises on which existing documents show the couple have combined their affairs and provided for each other, such as wills, superannuation and insurance nominations, and how to present them.
• Preparing for the permanent stage. The firm prepares updated evidence for the Subclass 801 assessment, showing how the relationship has continued since lodgement.
• Responding to requests, natural justice letters and refusals. Where the Department has raised concerns about commitment, the firm prepares a targeted response and, where needed, legal submissions to the Tribunal.

My Migration Lawyers acts for couples across Australia, and consultations are held by video. Clients come to the firm through its pages for partner visa lawyers in Sydney, Parramatta, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart and the Gold Coast, and through the guides on choosing a partner visa lawyer in Sydney and choosing a partner visa lawyer in Melbourne. The firm's partner visa practice is overseen by its Principal Lawyer, Weiwei Zhang, and more about the firm is on the about page. The article on booking an immigration lawyer consultation explains what happens in a first meeting.

If you are concerned about how your partner visa nature of commitment evidence will be assessed, or the Department has already raised concerns about your relationship, book a consultation with My Migration Lawyers, or call 1300 040 300.