Partner Visa Previous Relationship History

A partner visa previous relationship is any earlier marriage, de facto relationship or other committed relationship of the visa applicant or the Australian partner, and every partner visa previous relationship must be declared to the Department of Home Affairs. The Department's own guidance for family visas tells applicants to provide information about all of their previous relationships, even if they were a long time ago, and to provide marriage certificates, divorce documents, death certificates and separation documents.

Declaring a partner visa previous relationship is not a formality. Earlier relationships decide whether the current marriage is valid under Australian law, whether the current relationship is to the exclusion of all others, whether the sponsor can sponsor at all, and whether children from an earlier relationship can be included. A partner visa previous relationship that is left out, explained badly or supported by the wrong documents is one of the most avoidable causes of delay, requests for further information and refusal.

This guide explains how a partner visa previous relationship is declared, which documents prove that an earlier relationship has ended, how to build a timeline the case officer can follow, and how the sponsor's own history fits in. It applies to the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa and the Subclass 300 Prospective Marriage visa. For the overview of every partner visa, read our complete guide to partner visas in Australia.

What is a partner visa previous relationship?

A partner visa previous relationship is any relationship of the applicant or the sponsor, before the current one, that was a marriage, a de facto relationship or another relationship of real commitment. The question is about the nature of the relationship, not about how long ago it ended or whether the couple consider it important.

In practice, a partner visa previous relationship includes:

• an earlier marriage, whether it ended by divorce, by the death of the former spouse or by annulment;
• an earlier de facto relationship, whether or not it was registered, and whether or not the couple lived together for a long time;
• a religious or customary marriage, even if it was never registered under civil law;
• an earlier engagement that led to a Prospective Marriage visa application or another sponsorship;
• a relationship that produced a child, even if the parents never lived together; and
• an earlier relationship of either partner that was the basis of a previous visa application, whether that application was granted, refused or withdrawn.

A short, casual dating relationship with no shared life is not usually what the Department means. The safer view is that any relationship that could reasonably be described as a marriage, a de facto relationship or an engagement should be treated as a partner visa previous relationship and declared. Leaving out a relationship because it seemed unimportant is a common mistake. If the Department later learns of it from another source, the omission can look deliberate even when it was not.

Does a previous relationship count if it was a long time ago?

Yes. There is no time limit on the partner visa previous relationship question. A marriage that ended twenty years ago must be declared in the same way as one that ended last year. The age of the relationship affects the evidence that is available, not whether it must be disclosed.

Does a relationship that was never registered need to be declared?

Yes. A de facto relationship does not need to be registered to exist, and a religious or customary marriage can be a real marriage even if no civil certificate was issued. Whether the earlier relationship was registered affects how its end is proved. It does not affect whether it is a partner visa previous relationship that should be disclosed.

Why does the Department ask about a partner visa previous relationship?

The Department asks about every partner visa previous relationship because earlier relationships bear directly on several legal criteria for the visa. The question is not curiosity about the couple's private lives. Each answer is checked against a legal test.

The validity of the current marriage

A married applicant must be the spouse of the sponsor under section 5F of the Migration Act 1958. Section 5F requires a married relationship, and section 12 of the Act ties the validity of a marriage to the Marriage Act 1961. Under section 23B of the Marriage Act, a marriage is void if either party was, at the time of the marriage, lawfully married to someone else. That is why a partner visa previous relationship that was a marriage must be shown to have legally ended before the current marriage took place. A divorce that was granted after the new wedding does not fix the problem. Our article on what counts for an overseas marriage and the other partner visa requirements explains the marriage requirement in context.

Where an earlier marriage had not been dissolved when the couple married, the current marriage may not be recognised, and the couple may need to rely on a de facto relationship instead. That is a separate problem with its own strategy. This article concerns earlier relationships that have ended. If you are unsure whether an earlier marriage was properly ended, that should be checked before anything is lodged.

Commitment to the exclusion of all others

Both spouses and de facto partners must have a mutual commitment to a shared life to the exclusion of all others. For de facto partners this is in section 5CB of the Act and regulation 1.09A of the Migration Regulations 1994. For spouses it is in section 5F and regulation 1.15A. A partner visa previous relationship that overlaps with the current relationship, or that appears to be continuing, can raise a question under this part of the test. The dates of separation therefore matter.

The sponsorship limitations

The sponsor's own partner visa previous relationship history is relevant to whether the sponsorship can be approved. The Regulations limit how many partners a person can sponsor and how soon a person can sponsor again after an earlier sponsorship. Limits can also apply where the sponsor was themselves granted a partner visa. Our page on partner visa sponsorship limitations explains these limits. They are discussed briefly later in this article.

Children from a previous relationship

Children from a partner visa previous relationship may be included in the application if they are dependent. Where another parent has custody or contact rights, the Department may need evidence of that parent's consent or a court order. The previous relationship is therefore part of the child's eligibility as well as the parents'.

Identity, names and consistency

Many people change their name on marriage or divorce. A partner visa previous relationship often explains why passports, birth certificates and earlier visa records show different names. The Department's guidance asks applicants to include all previous names they have used. Consistency with earlier visa applications also matters, because information given in an earlier application can be compared with what is said now.

Where is a partner visa previous relationship declared?

A partner visa previous relationship is declared in several places, and the answers must be consistent across all of them. The main places are the applicant's online application, the sponsor's sponsorship, Form 80 or Form 1221 if requested, the relationship statement and, later, the permanent stage of the application.

The applicant's online application

Partner visa applications are lodged online through ImmiAccount. The application asks the applicant about their relationship status and about previous relationships. The applicant should give accurate details of each partner visa previous relationship, including the former partner's name, the type of relationship and the dates it began and ended. Our guide on how to create an ImmiAccount explains the online system both partners will use.

The sponsor's sponsorship

The Australian partner completes the sponsorship and is also asked about their own relationship history, including previous partners and previous sponsorships. A sponsor's partner visa previous relationship history is often more complicated than the applicant's, especially where the sponsor has sponsored a partner before or was sponsored themselves. The answers must match what the applicant says about the sponsor.

Form 80 and Form 1221

The Department may ask the applicant, and sometimes the sponsor, to complete Form 80 personal particulars. Form 80 does not contain a dedicated list of former spouses. It does ask the person to list every name they have been known by, including names before or after marriage. It asks about the current partner and, if the person is widowed, the deceased partner. It asks about children, including children from a current or previous marriage and step-children. It also asks for a full address, employment and travel history over the period it covers. Each of those answers can reveal a partner visa previous relationship, so Form 80 must be consistent with the main application. These requests usually come through a section 56 request for more information.

The relationship statement

There is one relationship statement in a partner visa application. It sets out the couple's own account of how they met and how their relationship developed. Where there is a partner visa previous relationship that touches the current relationship, such as an overlap in time, contact with a former spouse, or children from an earlier marriage, the statement is the place to explain it briefly and honestly. Our guide to the partner visa relationship statement explains what the statement should cover.

The permanent stage and change of circumstances

The partner visa previous relationship history is not looked at only once. At the permanent stage of the Subclass 820 and Subclass 801, or the Subclass 309 and Subclass 100, the Department asks for updated information. If something changes in the meantime, such as a divorce from an earlier marriage being finalised overseas or a change of name, the applicant should notify the Department using Form 1022.

What the Department expects you to disclose

For each partner visa previous relationship, the Department generally expects the following details:

• the full name of the former partner, including any other names they used;
• the type of relationship: marriage, de facto relationship, registered relationship, engagement or customary marriage;
• the date the relationship began and, for a marriage, the date and place of the marriage;
• the date the relationship ended and how it ended: divorce, death, annulment or separation;
• any children of that relationship; and
• whether the former partner was ever sponsored by, or sponsored, the person for a visa.

Exact dates are better than approximate ones. Where an exact date is not known, it is better to give the closest accurate date and explain that it is approximate than to guess. A guessed date that later turns out to be wrong creates an inconsistency that has to be explained.

Our partner visa document checklist lists the general documents for a partner visa. The rest of this guide explains the documents that prove a partner visa previous relationship has ended.

Partner visa previous relationship questions in each visa pathway

The partner visa previous relationship question is asked in every partner visa pathway, and the same history must be given in each. The legal tests about earlier relationships do not change between the onshore and offshore visas. What changes is the timing of the assessment and the other criteria that sit alongside it.

Onshore applications

An applicant in Australia usually applies for the Subclass 820 and Subclass 801 together. Our complete guide to the Subclass 820 partner visa and our explainer on the Subclass 820 onshore partner visa set out the wider criteria. Many onshore applicants first came to Australia on another visa. Our guide on moving from a tourist visa to a partner visa explains what to check first. That earlier visa application will also have recorded a relationship status, so the partner visa previous relationship history should be checked against it.

Where the applicant no longer holds a substantive visa, the Schedule 3 criteria may also apply. A Schedule 3 issue is separate from a partner visa previous relationship issue, but both are often present in the same matter, and both need to be addressed before lodgement.

Offshore and prospective marriage applications

An applicant outside Australia applies for the Subclass 309 and Subclass 100. The partner visa previous relationship history is assessed in the same way. A Subclass 300 applicant intends to marry the sponsor in Australia. For that pathway, the earlier marriage of either partner must be shown to have ended before the planned wedding, because the new marriage must be valid under Australian law.

Same-sex couples and New Zealand family members

The partner visa previous relationship question applies equally to same-sex couples. An earlier same-sex marriage, de facto relationship or registered relationship must be declared and shown to have ended in the same way as any other. Our page on the LGBTI and same-sex partner visa explains how these applications are assessed. Partners of New Zealand citizens who apply for the Subclass 461 visa are also asked about their relationship history, and the same care with dates and documents applies.

Why the pathway does not change the answer

In every pathway, a partner visa previous relationship is judged against the same definitions of spouse and de facto partner in the Migration Act 1958. The safest approach is to prepare one accurate history at the start and use it, unchanged, in every form and at every stage.

How do you prove a previous relationship has ended?

A partner visa previous relationship is proved to have ended with an official document that shows how and when it ended. For a marriage, that usually means a divorce certificate or divorce order, a death certificate or an annulment order. For a de facto relationship, there is usually no certificate, so the end is shown by other evidence and by a clear explanation. The Department's guidance refers to marriage certificates, divorce documents, death certificates and separation documents.

An Australian divorce

In Australia, a divorce is granted by the Federal Circuit and Family Court of Australia under the Family Law Act 1975. A divorce order does not take effect on the day it is made. It takes effect later, and the date it takes effect is the date that matters for the partner visa previous relationship timeline. A person cannot validly remarry until the divorce has taken effect. The divorce certificate shows the date the order took effect. It should be provided with the application.

An overseas divorce

An overseas divorce can be recognised in Australia, but recognition is not automatic in every case. Section 104 of the Family Law Act 1975 sets out when a foreign divorce, annulment or legal separation is recognised in Australia. Generally, a divorce granted under the law of an overseas country is recognised if it was effective under that law and at least one party had a sufficient connection with that country. For a partner visa previous relationship that ended by an overseas divorce, the applicant should provide the divorce decree or certificate, a certified translation if it is not in English, and, where the divorce was obtained in an unusual way, evidence that it was effective under the local law.

Some countries do not issue a divorce certificate in a form that Australian decision makers recognise easily. Religious divorces are a common example. A religious divorce may or may not be effective under the civil law of the country where it took place. Where the earlier marriage was a civil marriage, a religious divorce alone may not end it. Where there is doubt, the law of the country concerned should be checked before the application is made.

The reverse problem also arises. An Australian divorce may not be recognised in another country. In Kandel (Migration) [2024] AATA 160, a Subclass 309 matter, the issues reported included that an Australian divorce was not recognised in Nepal and that there were different registered marriage dates. The case shows how a partner visa previous relationship ended in one country can create documentary questions in another.

Death of a former spouse

Where a partner visa previous relationship ended because the former spouse died, the evidence is the death certificate, translated if needed. Form 80 asks a widowed person to give details of the deceased partner. The applicant should also make sure that their own records show their marital status as widowed rather than married or single, so that the documents are consistent.

Annulment

An annulment is a court order that a marriage was void or voidable from the beginning. Where a partner visa previous relationship ended by annulment, the annulment order should be provided. An annulment is treated differently from a divorce in some countries, so the document and its legal effect should be explained.

Ending a de facto relationship

A de facto relationship usually ends when the couple separate permanently. No certificate is issued. Where a partner visa previous relationship was a de facto relationship, the end is shown by evidence such as:

• the end date of a joint lease, or a new lease in one person's name;
• the closure or separation of joint bank accounts;
• a change of address on identity documents and correspondence;
• documents dividing property, where they exist;
• revocation of a registered relationship, where the relationship was registered; and
• a short, factual statement of when and why the relationship ended.

Where the earlier de facto relationship was registered under a state or territory law, the registration should be shown to have been revoked or to have otherwise ended. A registered relationship that was never formally ended can raise the same questions as an undissolved marriage.

Single status and no impediment certificates

Some countries issue certificates confirming that a person is single, unmarried or free to marry. These are sometimes called single status certificates, certificates of no impediment or certificates of celibacy. They can be useful where a partner visa previous relationship ended and the person later married overseas, or where the authorities of the place of marriage required one. In Khen (Migration) [2024] AATA 1061, a Subclass 300 matter, the reported issues included an impediment to marriage under Australian law, marital status, a Cambodian Certificate of Celibacy and a Single Status Certificate. A certificate of this kind supports the timeline but does not replace the divorce or death certificate that proves how the earlier marriage ended.

Building the partner visa previous relationship timeline

The partner visa previous relationship timeline is the sequence of dates that shows when each earlier relationship ended and when the current relationship began. It is the single most useful thing a couple can prepare. A case officer reading a partner visa previous relationship history is looking for whether the dates fit together.

A complete timeline usually includes:

• the date each earlier relationship began and, for a marriage, the date of the marriage;
• the date of permanent separation;
• for a marriage, the date divorce proceedings were filed and the date the divorce took effect;
• the date the couple met;
• the date the current relationship became committed;
• the date the couple started living together;
• any engagement and the date of the current marriage; and
• the dates of any earlier visa applications by either partner, and what those applications said about relationship status.

The timeline should match the relationship statement, the online application, Form 80, any Form 888 supporting statements and the documentary evidence. Our guides on partner visa evidence and preparing evidence of a genuine relationship explain how the rest of the evidence fits around it.

When the new relationship began before the divorce

It is common for a new relationship to begin after separation but before the divorce from the earlier marriage takes effect. This does not on its own prevent the grant of a partner visa. Separation and divorce are different events. Many people separate permanently long before a divorce is finalised. What matters is whether the earlier relationship had genuinely ended, whether the current relationship is to the exclusion of all others, and whether the current marriage, if there is one, took place after the earlier marriage was legally dissolved.

Where there is a period of overlap on paper, the partner visa previous relationship history should explain it. The separation date should be supported by evidence, and the relationship statement should explain plainly when the earlier relationship ended in fact and when the current relationship began.

Counting the 12 months for a de facto applicant

A de facto applicant must generally show that the de facto relationship existed for at least 12 months before the application, unless an exception applies. The 12 months cannot include a period when either partner was still in a continuing relationship with someone else. The partner visa previous relationship dates therefore affect when the 12-month period can start. Our guides on the de facto partner visa and the 12-month rule and on whether you really need 12 months of de facto relationship explain the rule and its exceptions.

Multiple earlier marriages

Some applicants and sponsors have been married more than once. A longer partner visa previous relationship history is not a problem in itself, but it needs more care. Each earlier marriage must be declared and shown to have ended. The Tribunal has considered relationship histories of this kind. In Doan (Migration) [2024] AATA 57, a Subclass 820 matter, the reported issues included the progression of the relationship among other marriages and divorces, alongside the four aspects of the relationship. In Daher (Migration) [2024] AATA 2077, a Subclass 309 matter, the reported issues included that each party had previously been married and divorced, and that their families were known to each other in the same area. Both cases were remitted. They show that a partner visa previous relationship history, even a complicated one, is assessed as part of the whole picture.

Can you remarry a former partner?

Yes. A couple who were married, divorced and later reconciled can marry again, and the new marriage can support a partner visa if the relationship is genuine and continuing. In this situation the partner visa previous relationship is with the same person who is now the sponsor. The history must still be declared in full, including the earlier marriage, the divorce and the reconciliation.

In Al-Bdoor (Migration) [2021] AATA 3904, a Subclass 309 matter, the reported issues included a genuine spousal relationship where the parties divorced in 2012 and remarried in 2018, and the financial aspects of the relationship. The case shows that a divorce and remarriage between the same people is not a bar, but the decision maker will want to understand why the relationship ended and why it resumed.

A different situation arises where the applicant's earlier relationship was itself the basis of an Australian partner visa application that ended when the relationship broke down. Our article on what happens to a Subclass 820 application if the relationship breaks down explains how that earlier application is dealt with. Where family violence ended an earlier sponsored relationship, our family violence partner visa lawyers page explains the special provisions. In both cases, the earlier sponsored relationship is part of the partner visa previous relationship history for any new application.

A related situation is a couple who were in a de facto relationship, separated and later resumed. That situation involves breaks in the current relationship rather than a separate partner visa previous relationship, and the explanation focuses on why the relationship is now continuing.

Contact with a former partner after separation

Contact with a former partner does not mean that a partner visa previous relationship is continuing. Many people remain in contact with a former spouse because they share children, property, a business or a family network. The question for the Department is whether the earlier relationship has ended as a committed relationship, not whether the two people still speak.

In Nguyen (Migration) [2018] AATA 5371, a Subclass 309 matter, the reported issues included a genuine and continuing spousal relationship where the sponsor had a sporadic relationship with his ex-wife years before meeting the applicant, and there was no indication that the current relationship was fraudulent. In MANYANG (Migration) [2020] AATA 611, also a Subclass 309 matter, the reported issues included a de facto partner who had previously been married and separated, a long period without contact, and the four aspects of the relationship.

Where contact with a former partner is regular, for example to share care of children, the relationship statement should say so plainly. Explaining the arrangement is far better than leaving the case officer to find it in the documents.

Children from a previous relationship

Children from a partner visa previous relationship can usually be included in the application if they are dependent children. Each included child must meet their own criteria, including health and, where relevant, character.

Where a child is under 18 and the other parent has rights of custody, guardianship or contact, the Department may require that parent's consent to the child migrating, or an Australian or overseas court order. Where the other parent cannot be located or will not consent, the matter becomes more complex and should be planned well before lodgement.

Children from an earlier relationship who are not migrating should still be declared. The sponsor's children from a partner visa previous relationship also form part of the household the couple describe. In Ybarola (Migration) [2019] AATA 3932, a Subclass 820 matter, the reported issues included the pooling of financial resources and the joint care and support of children from previous marriages, with the couple living together at the time of application. Shared care of each other's children can be strong evidence of the nature of the household.

Partner visa previous relationship issues for couples across Australia

The rules on a partner visa previous relationship are Commonwealth law, so they apply in the same way wherever the couple lives. My Migration Lawyers consults by video, and couples often find us through our pages for partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers in Parramatta. Couples in Queensland's south east also contact us through our page for partner visa lawyers on the Gold Coast.

The sponsor's partner visa previous relationship history

The sponsor's partner visa previous relationship history is assessed as carefully as the applicant's. The Australian partner must declare earlier marriages and relationships, any children from them, and any earlier partner they sponsored or were sponsored by. The sponsor's history matters for the validity of the marriage, for the exclusion of all others test and, most directly, for the sponsorship limitations.

Sponsorship limitations in outline

Regulation 1.20J of the Migration Regulations 1994 limits partner sponsorship. In outline, a sponsor generally cannot be approved if they have already sponsored two partners, or if they sponsored an earlier partner within five years, unless there are compelling circumstances affecting the sponsor. Limits can also apply where the sponsor was themselves granted a partner visa within a recent period. This is where a sponsor's partner visa previous relationship history has the greatest legal effect.

The Tribunal has considered compelling circumstances in a number of these cases. In Mayu (Migration) [2021] AATA 2301, a Subclass 820 matter, the reported issues included two previous sponsorships and compelling circumstances affecting the sponsor, where the first husband left after obtaining permanent residency. In 1726920 (Migration) [2020] AATA 1519, also a Subclass 820 matter, the reported issues included a sponsor of two previous successful partner applications and the separation from two previous wives. By contrast, in SEOL (Migration) [2023] AATA 4410, a Subclass 820 matter in which the Tribunal found compelling circumstances, the reported issues noted that previous failed relationships are not themselves compelling circumstances. The point is that a sponsor's history must be disclosed accurately, and where the limitation applies, a properly supported argument is required.

These limitations are explained in detail on our sponsorship limitations page and in our article on when a sponsor cannot sponsor a partner visa.

When the sponsor is still in contact with a former partner

A sponsor who has recently separated from a former partner may still share a home, children or finances with that person for a time. In Huynh (Migration) [2023] AATA 92, a Subclass 820 matter, the reported issues included that the delegate was not satisfied about the genuine relationship, that the sponsor had been in a previous relationship, and that the Tribunal was satisfied the relationship was genuine at the time of application. A sponsor's partner visa previous relationship should be explained in the same open way as the applicant's.

Previous visa applications and the partner visa previous relationship

Every earlier visa application made by either partner is part of the partner visa previous relationship picture. The Department holds those files. Information given in a visitor, student, work or earlier partner visa application about marital status, a spouse or children can be compared with what is said now.

An earlier partner visa with a different partner

Where the applicant previously applied for a partner visa or Prospective Marriage visa sponsored by a different person, that application must be declared. The earlier relationship is a partner visa previous relationship, and the earlier application is part of the applicant's immigration history. If the earlier application was refused, the refusal decision should be obtained and read, because the reasons may bear on the new application. Our article on applying for a partner visa after a visa refusal explains how earlier refusals affect a new application.

Marital status in earlier applications

Marital status is the answer most often compared. A person who was separated but not divorced may have described themselves as married in an earlier application, and that may have been correct at the time. A person who later says they had separated years earlier must be able to explain the earlier answer. Our guide to why partner visas get refused sets out how inconsistent histories lead to refusals.

Where information in an earlier application was wrong, the integrity criterion in PIC 4020 may become relevant. That is a separate issue with its own strategy, and this article does not address it in detail. The practical point for the partner visa previous relationship is that the history now given must be accurate, and any difference from earlier answers should be identified and explained before lodgement rather than discovered by the case officer.

How does a case officer read a partner visa previous relationship?

A case officer reads a partner visa previous relationship as context for the current relationship, not as a reason to refuse. Having been married before is common. The officer is checking whether the earlier relationship has ended, whether the dates fit, whether the documents prove what the application says, and whether the history is consistent with earlier records.

Concerns tend to arise in specific situations:

• the current marriage took place before the earlier divorce took effect;
• the separation date given in the application is different from the date in an earlier application or in the divorce documents;
• the earlier relationship ended shortly before the current relationship began and there is no explanation;
• the applicant has a history of relationships with Australian sponsors, each followed by a visa application;
• the sponsor has sponsored earlier partners who left soon after receiving a visa; or
• a former partner or child appears in the records but was not declared.

None of these is automatically fatal. Each one calls for a clear and honest explanation supported by documents. In 1706602 (Migration) [2019] AATA 5299, a Subclass 309 matter, the reported issues included the validity of the marriage with the sponsor and the status of the visa applicant's previous marriage, with the marriage solemnised and recognised as valid under local laws. The case illustrates that the status of a partner visa previous relationship can be the decisive question about the current marriage.

If the case officer has concerns about the partner visa previous relationship, the applicant will usually be given an opportunity to respond. Our guide to responding to an S57 natural justice letter for a partner visa explains that process.

Names, translations and documents

A partner visa previous relationship often explains a change of name. Every name the applicant and sponsor have used should be declared, including names used during an earlier marriage. The Department's guidance asks applicants to include all previous names and to check that the spelling of their name matches the passport used for the application.

Documents from a partner visa previous relationship are often in another language. Marriage certificates, divorce decrees and death certificates that are not in English should be provided with an accurate English translation. Where the translation gives a date in a different calendar, or spells a name differently, the difference should be noted so that it does not look like an inconsistency.

How to explain a partner visa previous relationship in the relationship statement

The relationship statement is about the current relationship. A partner visa previous relationship should be mentioned in it only to the extent that it explains the current relationship. The statement is the couple's own account and should be written in their own words, reviewed and corrected by them.

Useful points to cover, where they apply, are:

• when each earlier relationship ended in fact, in a sentence or two;
• whether the couple knew each other while either was in an earlier relationship, and how the current relationship began;
• arrangements for children from an earlier relationship;
• any continuing contact with a former partner and why; and
• any reconciliation and remarriage with the same person.

The statement should not include unnecessary detail about why an earlier relationship ended, or criticism of a former partner. It should be accurate, brief and consistent with the documents. Where family violence was part of an earlier relationship, it is generally enough to state the fact of the separation unless the history is directly relevant. Our article on Form 888 example answers and common mistakes explains how witnesses who know the couple can confirm the timeline where that helps.

Common mistakes with a partner visa previous relationship

Most problems with a partner visa previous relationship come from a small number of avoidable mistakes:

• Leaving out a relationship because it was short, unregistered or long ago.
• Giving approximate dates that do not match the divorce certificate or earlier applications.
• Confusing separation with divorce, and stating that a person was divorced at a date when they were only separated.
• Relying on a religious divorce without checking whether it ended a civil marriage.
• Not checking recognition of an overseas divorce in Australia, or of an Australian divorce overseas.
• Overlooking the sponsor's history, including earlier sponsorships.
• Not declaring children from an earlier relationship who are not migrating.
• Inconsistent names across passports, certificates and application forms.

Each of these mistakes is easier to prevent than to correct. Our guides on why Subclass 820 partner visas are refused and on evidence for an 820 partner visa explain how evidence problems lead to refusals.

What if a partner visa is refused because of a previous relationship?

If a partner visa is refused because of concerns about a partner visa previous relationship, review may be available at the Administrative Review Tribunal. The deadline for applying for review is short and is strictly applied, so the refusal letter should be read the day it arrives. The Tribunal considers the matter afresh and can consider new evidence, such as a recognised divorce document or a clearer timeline.

Our partner visa refusals page, our guide to partner visa appeal options and our article on what to expect at an ART review explain the next steps. A visa appeal lawyer can assess whether the history was assessed correctly. Where the Tribunal decision itself involves a legal error, judicial review may be available. Our general visa refusals page covers other refusal types.

Where an application has already been lodged and the partner visa previous relationship was not fully declared, a review of the file is worthwhile. Our articles on hiring an immigration lawyer after lodging your own visa application and on getting a second opinion explain how that works. A lawyer can be appointed to an existing application using Form 956.

Getting advice on a partner visa previous relationship anywhere in Australia

My Migration Lawyers advises on partner visa previous relationship issues by video for couples in every state and territory. Couples in Western Australia and South Australia often contact us through our pages for partner visa lawyers in Perth and partner visa lawyers in Adelaide. Couples in the Australian Capital Territory and Tasmania can read about partner visa lawyers in Canberra and partner visa lawyers in Hobart. Where a matter involves more than a partner visa, our pages for immigration lawyers in Sydney, immigration lawyers in Melbourne, immigration lawyers in Brisbane, immigration lawyers in Perth and immigration lawyers in Adelaide explain the wider services. Couples in the capital and in Tasmania can also see our pages for immigration lawyers in Canberra and immigration lawyers in Hobart. Those weighing up local advice can read how to choose the best partner visa lawyer in Sydney or the best partner visa lawyer in Melbourne. Couples comparing firms may find our guide to choosing the best partner visa lawyer in Australia useful, and our guide on when you need an immigration lawyer for a partner visa explains what legal help covers.

How My Migration Lawyers handles partner visa previous relationship matters

My Migration Lawyers acts in many partner visa matters where one or both partners have been married or in a committed relationship before, including complex cases involving overseas divorces, multiple earlier marriages, remarriage to a former spouse, children from earlier relationships and sponsors affected by the sponsorship limitations. The firm is capable of handling these matters because it treats the partner visa previous relationship as a legal question first, and a paperwork question second.

On a partner visa previous relationship matter, My Migration Lawyers:

• takes a full relationship history from both partners at the start, including relationships the couple may not have thought relevant;
• builds a single timeline of separations, divorces, the current relationship and the current marriage, and checks that every date fits;
• checks that each earlier marriage legally ended before the current marriage, including whether an overseas or religious divorce is recognised;
• identifies the documents that prove each earlier relationship ended, and what to do where a certificate is not available;
• compares the planned application with every earlier visa application either partner has made, to identify differences in marital status or names before the Department does;
• assesses the sponsor's history against the sponsorship limitations and prepares the compelling circumstances argument where one is needed; and
• plans for children from earlier relationships, including the other parent's consent.

The relationship statement is always the couple's own account. My Migration Lawyers reviews it with them, they correct it, and the firm presents it in the form the law requires. Where a legal argument is needed, the lawyer decides how it is put and prepares the submissions.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our partner visa lawyers service and our guide to partner visa lawyer services in Australia. If you or your partner have a partner visa previous relationship that needs to be declared and explained, book a consultation or call 1300 040 300.