Key Takeaways
- A partner visa relationship timeline is a dated chronology of the relationship, from the first meeting to the present, used to make sure every form, the relationship statement, the Form 888 statements and every document give the same dates.
- The law cares most about when the relationship began, whether a de facto relationship existed for at least 12 months immediately before the application under regulation 2.03A, and whether the relationship is genuine and continuing at the time of application and at the time of decision.
- Every key date should be sourced to a document, such as a lease, a bank record, a passport stamp, a marriage or registration certificate or a birth certificate, and any date that has no document should be explained.
- Conflicting dates should be found and resolved before lodgement. Case officers compare the application with the Department's own records, previous visa applications, Form 80 and interview answers, and unexplained conflicts damage credibility.
- The partner visa relationship timeline is not a separate statement. A partner visa has one relationship statement, and the timeline is the working tool that keeps that statement and the evidence consistent.
- The timeline must be updated for the permanent stage, because the relationship is assessed again on the evidence before the decision maker at that time.
What is a partner visa relationship timeline?
A partner visa relationship timeline is a dated chronology of a couple's relationship, setting out when they met, when the relationship began, when they moved in together, when they became engaged, when they married or registered the relationship, when they lived apart, where each of them lived and when they travelled. A well-prepared partner visa relationship timeline is the foundation of every partner visa in Australia, because it is the tool that makes the application forms, the relationship statement, the Form 888 statements and the documents all tell the same story.
The partner visa relationship timeline is not a legal term and it is not a form the Department of Home Affairs asks for by name. It is a working document. Its job is to fix the key dates of the relationship before anything is written or lodged, and then to test every other part of the application against those dates. When a date in one place does not match a date in another place, the timeline shows it immediately.
This guide explains which dates the law actually cares about, what a partner visa relationship timeline should include, how to source each date to a document, where the dates must agree, how to resolve conflicting dates before lodgement, how case officers find inconsistencies, and how to update the timeline for the permanent stage. It applies to the onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 prospective marriage visa.
Why the partner visa relationship timeline matters
The partner visa relationship timeline matters because dates are the easiest part of an application to test and the easiest part to get wrong. A couple may give the month they moved in together in the application form, a different month in the relationship statement, and a third month in a lease. Each answer may have been given honestly, from memory, at a different time. To a case officer, three different dates for the same event look like a credibility problem.
The core of every partner visa is the relationship requirement: the applicant must be the spouse or de facto partner of the sponsor, and the relationship must be genuine and continuing. The guide to partner visa relationship evidence explains what is assessed. The partner visa relationship timeline is what holds that evidence together in time. It tells the decision maker when each piece of evidence fits into the life of the relationship, and it shows that the relationship has developed in the way the couple says it has.
A timeline is a working tool, not a statement
A common mistake is to treat the partner visa relationship timeline as another statement to be lodged. It is not. A partner visa has one relationship statement, written by the couple in their own words. Supporting witnesses give Form 888 statements. The partner visa relationship timeline sits behind both of them. It is the checklist of dates against which the relationship statement, the Form 888 statements and the forms are checked. Some couples attach a short chronology to the relationship statement as a reading aid, but the timeline itself is a tool for consistency, not a separate piece of evidence about the relationship.
Which dates does the law care about in a partner visa relationship timeline?
The law cares most about four things in a partner visa relationship timeline: when the relationship began, whether a de facto relationship had existed for at least 12 months immediately before the application, whether the couple were in a genuine and continuing relationship when the application was made, and whether they still are when the decision is made. Marriage and registration dates also matter, because they decide which legal definition applies.
When the relationship began
The date the relationship began matters because it anchors everything else in the partner visa relationship timeline. It affects how long the couple can say they have been together, whether the de facto 12-month requirement is met, how the duration of the relationship is weighed under the nature of the commitment, and whether evidence from a particular period belongs to the relationship at all.
The law does not set one fixed event that marks the start of a relationship. A first date is not always the start of a committed relationship, and a couple may describe the start differently from each other if they have not agreed on it. For a partner visa, the relevant start is the point at which the couple began a committed relationship of the kind the law recognises: a mutual commitment to a shared life to the exclusion of all others. For a de facto couple, that is the definition in paragraph 5CB(2)(a) of the Migration Act 1958. For a married couple, the equivalent requirement is in section 5F. The couple should agree on this date before anything is written, and the partner visa relationship timeline should record it once, with the reason it was chosen.
The 12-month de facto requirement in regulation 2.03A
For de facto couples, regulation 2.03A of the Migration Regulations 1994 adds a minimum relationship period for partner visas listed in paragraph 2.03A(3)(a). The Department's policy explains that, for those visas, the de facto relationship needs to have existed for at least 12 months immediately before the date the application was made. This is why the start date in a de facto partner visa relationship timeline is so important. A start date that moves by even a few weeks can decide whether the requirement is met.
There are exceptions. The 12-month period does not apply if the applicant establishes compelling and compassionate circumstances under paragraph 2.03A(3)(b), if the partner holds or is applying for a permanent humanitarian visa in the circumstances set out in subregulation 2.03A(4), or if the relationship is registered under a prescribed State or Territory law under subregulation 2.03A(5). The Department's policy also says that if the couple marry between application and decision, the time of decision assessment is made under section 5F and regulation 2.03A no longer applies. The guides to the de facto partner visa and the 12-month rule and to whether you really need 12 months of de facto relationship for a Subclass 820 visa explain these exceptions in more depth.
A break in the relationship resets the 12 months
A point that is often missed in a partner visa relationship timeline is the effect of a break. The Department's policy states that the requirement to have been in a de facto relationship for 12 months immediately before the application applies even if the couple had been in a partner relationship on and off before that period. If a couple lived together, separated and then reunited, the 12 months is counted from the reunion, not from the first start date. A partner visa relationship timeline that hides a separation, or that blurs the reunion date, creates exactly the risk the couple is trying to avoid. The policy also notes that if either partner was in a relationship with someone else close to the 12 months before the application, that may be relevant when assessing whether the de facto relationship exists. The timeline should therefore record the end of any previous relationship accurately.
Living together and the start date
Another common error is to assume that the 12 months is counted only from the day the couple moved in together. The Department's policy, following the Full Federal Court in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69, says that a de facto relationship cannot be found not to exist solely because the couple never lived together before the application, or were not living together at the time of application or decision. Paragraph 5CB(2)(c) requires that they live together or do not live separately and apart on a permanent basis. Evidence of living together is still very relevant to whether the relationship is genuine and continuing. In practice, the move-in date is one of the most important entries in a partner visa relationship timeline, but it is not automatically the date the relationship began, and the timeline should not treat the two as the same unless they are.
The relationship at the time of application
The partner visa relationship timeline must show the state of the relationship on the day the application was lodged. Clause 820.211 of Schedule 2 to the Migration Regulations 1994 sets out the time of application criteria for the Subclass 820 visa, and subclause 820.211(2) provides for an applicant who is the spouse or de facto partner of the sponsor. The equivalent offshore criteria are in the Subclass 309 visa. In other words, the couple must already be in the required relationship when they apply. A partner visa relationship timeline that shows the couple were living apart without explanation, or that a previous relationship had not ended, at the date of lodgement raises a time of application problem that later evidence cannot easily cure.
The relationship at the time of decision
The partner visa relationship timeline does not stop at lodgement. Under subclause 820.221(1), the applicant must generally continue to meet the relationship requirement at the time of decision. The Department's policy says delegates may treat that criterion as satisfied without further enquiry where there is no evidence to the contrary and no significant time has passed since the relationship was assessed, but otherwise they are expected to take reasonable steps to check there has been no material change. The timeline should therefore be kept up to date while the application is being processed, which can take a long time, as the guides to how long a Subclass 820 visa takes and the onshore partner visa timeframe explain.
Marriage and registration dates
The date of a marriage or the date a relationship was registered is a fixed legal date, and it must appear the same way in every part of the partner visa relationship timeline. A marriage date decides when the couple became spouses under section 5F. A registration date decides when subregulation 2.03A(5) can be relied on. The Department's policy says the relationship must actually be registered for that subregulation to be met. A receipt showing that an application for registration has been lodged is not enough. The policy also says registration after lodgement but before decision is taken to meet subregulation 2.03A(5). For couples who are relying on registration, the registration date is often the single most important date in the partner visa relationship timeline.
Why every date in the chronology must line up
These dates connect to each other. The start of the relationship controls the 12-month calculation. The move-in date and address history support the household aspect of the relationship. The marriage or registration date decides which definition applies. Periods apart must be explained so that the relationship is still continuing. A partner visa relationship timeline that is correct in each individual entry but wrong in how the entries relate to each other can still undermine an application. That is why the dates should be agreed by both partners, written down once and then used as the reference for everything else.
What should a partner visa relationship timeline include?
A partner visa relationship timeline should include every event that marks a stage in the relationship, every change of address for each partner, every period the couple spent apart, all international travel, the birth of any children, and any event that explains a change in how the couple live. Each entry should have a date, a short description and a note of the document that supports it.
The core relationship events
The core events in a partner visa relationship timeline are the first meeting, the start of the committed relationship, the first time the couple met each other's families, moving in together, the engagement, the marriage or registration, and the birth of any children. These are the dates a case officer is most likely to ask about at interview and the dates most likely to appear in more than one document. If the couple met online, the date they first communicated and the date they first met in person should both be recorded, because they are often confused.
Address history for each partner
Address history should be recorded separately for each partner, then combined to show when they lived at the same address. The Department's Form 80 asks for address history for the last 10 years in chronological order with no gaps, and says that any gap must be explained. A partner visa relationship timeline that is built from the same address history from the start makes it much easier to complete Form 80 correctly and to show the household aspect of the relationship.
Periods apart
Every period the couple spent apart should be recorded in the partner visa relationship timeline with the reason. Work, study, caring for a family member, visa restrictions and travel bans are common reasons. The Department's policy says any separation must be temporary, and that the applicant must satisfy the decision maker that the couple will live together in the future. A period apart that appears in passport stamps or address history but not in the timeline is one of the most common sources of inconsistency.
International travel
International travel matters for two reasons. Joint travel is evidence of the social and commitment aspects of the relationship, and separate travel explains periods apart. The Department holds travel movement records, and Form 80 asks about travel in the last 10 years. A partner visa relationship timeline should list each trip, who travelled, where and when, so that the dates can be checked against passports and the Department's records before lodgement.
Children, family events and turning points
Children of the relationship, pregnancies, family deaths, illness, job changes and moves between cities are all turning points that often explain other entries in the partner visa relationship timeline. They also matter for the onshore partner visa process, because some of them must be reported to the Department after lodgement. Recording them in the timeline makes it clear why the relationship looks the way it does at a particular time.
Previous relationships and previous visa applications
A partner visa relationship timeline should also record the end of any previous marriage or de facto relationship for each partner, including the date of separation and any divorce, and the dates of any previous visa applications. Previous visa applications are especially important, because the Department already holds what was said in them. If the applicant earlier told the Department they were single, or gave a different address, the partner visa relationship timeline needs to account for that. Many onshore applicants have held other visas before applying, which is why questions about moving from a tourist visa to a partner visa are so common. My Migration Lawyers obtains the applicant's immigration history itself when acting, so that the timeline can be checked against the Department's records.
How to source every date in a partner visa relationship timeline to a document
Every date in a partner visa relationship timeline should be sourced to a document wherever one exists, because a date supported by an independent record is far more persuasive than a date given from memory. The aim is that a case officer who picks any entry in the timeline can find a document in the application that confirms it.
Documents that usually prove each date
Different events are proved by different documents. The list below is a practical starting point for a partner visa relationship timeline, and the partner visa document checklist and the 820 partner visa evidence checklist set out what couples usually gather.
The first meeting can be supported by messages, social media records, event tickets, booking confirmations or photographs with reliable dates. The start of the relationship is often supported by messages, photographs, introductions to family and friends, and the accounts of witnesses. Moving in together is supported by a lease, a mortgage, a change of address with a bank or government agency, utility accounts and mail at the same address. An engagement may be supported by photographs, a ring receipt, announcements and family events. A marriage is proved by the marriage certificate, and a registered relationship by the registration certificate. Periods apart are supported by passports, travel bookings, employment records and evidence of contact. Children are proved by birth certificates.
When no document exists
Some important dates in a partner visa relationship timeline have no document at all. The day a couple decided to become exclusive, or the day they first met in person after months online, may not be recorded anywhere. That does not make the date wrong. It means the date should be explained in the relationship statement and, where possible, supported by people who knew the couple at that time through their Form 888 statements. The timeline should note which entries rest on recollection so that those dates are given consistently by both partners.
Use the earliest reliable record
Where several documents give slightly different dates for the same event, the partner visa relationship timeline should use the most reliable one and note why. A signed lease is more reliable than a utility account opened weeks later. A passport stamp is more reliable than a booking confirmation. A government record is more reliable than a photograph with a camera date that may never have been set correctly. Choosing the source deliberately, and recording the choice, prevents the same event being dated differently in different parts of the application.
Do not create documents to fit the timeline
The partner visa relationship timeline must follow the documents, not the other way around. A document created after the event to fill a gap is not evidence of what happened at the time, and a document that is not genuine exposes the applicant to refusal under public interest criterion 4020, discussed below. Where a gap exists, the right response is to explain it honestly. My Migration Lawyers presents the couple's own account and their genuine evidence in the form the law requires. It does not supply or construct evidence.
Where the partner visa relationship timeline must agree: forms, the relationship statement and Form 888 statements
The partner visa relationship timeline must agree with every source in the application: the visa application form, the sponsorship form, Form 80 and Form 1221 where they are requested, the relationship statement, the Form 888 statements, the documents, any previous visa applications and any interview answers. If a date appears in two places, it must be the same date, or the difference must be explained.
The visa application form and the sponsorship
The visa application form and the sponsorship both ask for relationship dates. They are often completed by different people at different times: the applicant completes the application and the sponsor completes the sponsorship. This is where many inconsistencies begin. A couple who agree the partner visa relationship timeline first, and then both complete their forms from it, avoid most of these problems. The guide on how to create an ImmiAccount is the starting point for couples lodging online, and the complete Subclass 820 partner visa guide explains the wider application.
Form 80 and Form 1221
Form 80 is the personal particulars form for assessment, including character assessment. It asks for address history for the last 10 years and international travel for the last 10 years, each in chronological order. Form 1221 is the additional personal particulars information form, which the Department may also request. Where either form is requested, the address and travel entries must match the partner visa relationship timeline exactly. A move-in date in the relationship statement that falls in a period when Form 80 shows the applicant living in a different city is the kind of conflict that case officers notice. The Form 80 guide explains how to complete the form without errors.
The one relationship statement
A partner visa has one relationship statement. It is the couple's own account of how the relationship began, how it developed and how it works today. It should be written from the partner visa relationship timeline, so that every date it mentions is the date in the timeline. The statement can also explain why some dates have no document, why the couple spent time apart, and why a particular event was chosen as the start of the relationship. The guide to the partner visa relationship statement explains how it is written. The statement remains the couple's own evidence. A lawyer can review it against the timeline and point out where dates conflict, and the couple then correct and confirm their own account.
Form 888 statements
Form 888 is a supporting witness statement made by an Australian citizen or permanent resident who knows the couple. Form 888 statements are not statutory declarations. They often mention when the witness met the couple, when the witness learned they were together, and events such as a wedding or a move. Witnesses usually write from memory, so their dates can drift. Each witness should give their own honest recollection, but if a witness believes the couple moved in a year earlier than they did, the conflict should be noticed and the witness should check their own memory before signing. The guides to who can make a Form 888 and what it should say and to Form 888 example answers and common mistakes cover this in more detail.
The documents themselves
The documents must also agree with the partner visa relationship timeline. A lease that starts after the claimed move-in date, a bank account opened at an address the couple say they had left, or a photograph dated from a period the couple say they were apart all need to be checked. Many of these differences have innocent explanations, such as moving in with family before signing a lease. The explanation should be in the relationship statement so that the case officer does not have to guess. The guide to preparing evidence of a genuine relationship explains how evidence is assembled.
Previous visa applications and earlier statements to the Department
The partner visa relationship timeline must also agree with what the applicant and sponsor have told the Department before. A visitor visa application that described the applicant as single, a student visa application that listed a different address, or an earlier sponsorship that gave a different relationship history are all held by the Department. Where an earlier answer was wrong, or the relationship status changed after that application, the timeline should show when and why. This is one reason couples who have previously been refused a visa need particular care with dates.
How to resolve conflicting dates before lodgement
Conflicting dates in a partner visa relationship timeline should be resolved before lodgement by identifying every conflict, finding the most reliable record for each event, agreeing the correct date with both partners, correcting the draft forms and statements, and explaining any difference that cannot be removed. A conflict found before lodgement is a drafting issue. The same conflict found by a case officer can become a credibility issue.
Step 1: Build the timeline from documents, not memory
The first step is to build the partner visa relationship timeline from the documents the couple already has, and only then fill in the gaps from memory. Building from memory first tends to fix the wrong date in everyone's mind. Leases, passports, bank records, certificates and messages give firm anchor points, and the remaining events can be placed between them.
Step 2: Have each partner check the timeline separately
Each partner should check the partner visa relationship timeline separately and note any date they remember differently. Partners often remember events differently, and that is normal. It is far better to find these differences in a draft than at an interview where each partner is asked the same question. Once both partners have checked the draft, they should agree the final version together.
Step 3: Compare the timeline with every form and statement
The third step is to compare the agreed partner visa relationship timeline with the draft application form, the sponsorship, Form 80 and Form 1221 if requested, the relationship statement and each Form 888 statement. Every date in each document should be marked as matching or not matching. Address history and travel are the most common sources of conflict, followed by the date the relationship began and the move-in date.
Step 4: Correct or explain each conflict
Each conflict should then be corrected or explained. If a draft form simply has the wrong date, the form should be corrected. If two genuine documents give different dates, the relationship statement should explain why. If a witness remembers an event differently, the witness should check their own recollection. The aim is not to make every document identical at any cost. It is to make sure that every difference that remains is visible, explained and honest.
Step 5: Correcting a date after lodgement
If an error in the partner visa relationship timeline is found after lodgement, it should be corrected promptly. Section 104 of the Migration Act 1958 requires an applicant to notify the Department in writing of changes in circumstances that make an answer in the application incorrect, and the Form 1022 change of circumstances is used for that purpose. Where an answer was incorrect when it was given, the Department's Form 1023 Notification of incorrect answers is the form used to tell the Department. Correcting an honest error early is far better than leaving it to be discovered.
How case officers find inconsistencies in a partner visa relationship timeline
Case officers find inconsistencies in a partner visa relationship timeline by comparing the application against the Department's own records, against previous visa applications, against Form 80 and any Form 1221, against the relationship statement and Form 888 statements, against the documents, and against what each partner says at interview. They do not need the couple to supply a timeline to do this. They build one from the file.
Departmental records and previous applications
The Department holds each applicant's visa history, previous applications and travel movement records. A case officer can see when the applicant entered and left Australia, what relationship status they declared in earlier applications and what addresses they gave. If the partner visa relationship timeline says the couple were living together in Australia during a period when the applicant was overseas, the conflict is visible from the Department's own systems.
Interviews
The Department may interview one or both partners. The Department's policy on assessing married relationships says knowledge of each other's personal circumstances may be tested at interview. Interviews often ask each partner the same questions about when they met, when they moved in, where they have lived and when they travelled. Partners who prepared and agreed a partner visa relationship timeline before lodgement usually answer consistently, because they are remembering the same agreed facts. Partners who never compared notes may give different answers to simple questions.
Requests for more information and natural justice letters
Where a case officer finds a conflict, the Department may ask for more information under section 56 of the Migration Act or invite comment on adverse information under section 57. Both are opportunities to explain a conflict in the partner visa relationship timeline before a decision is made. The guides on responding to a section 56 request and on the s57 natural justice letter for a partner visa explain how these work. Responses must be accurate and consistent with the rest of the file, because a careless response can create a new inconsistency.
Public interest criterion 4020
Inconsistent dates can raise a second, separate problem. Clause 820.226 requires a Subclass 820 applicant to satisfy public interest criterion 4020, the integrity criterion, and the Subclass 801 visa applies the same criterion. PIC 4020(1) is not met where there is evidence that the applicant has given a bogus document, or information that is false or misleading in a material particular, in relation to the application or a visa held in the 12 months before the application. The Department's policy lists claims inconsistent with claims made previously by the applicant or the sponsor as a trigger for further investigation. An honest mistake in a partner visa relationship timeline is not the same as false information, but an unexplained conflict invites the question. This is a strong reason to resolve conflicts before lodgement and to correct any error openly.
What a refusal for inconsistency looks like
When a partner visa is refused because the decision maker was not satisfied about the relationship, inconsistent dates are often part of the reasons. The decision may say that the couple gave different move-in dates, that the claimed start of the relationship does not fit the evidence, or that a period apart was not disclosed. These are common themes in the reasons why partner visas get refused and in the most common Subclass 820 refusal reasons. A partner visa relationship timeline prepared before lodgement is the most practical way to prevent them.
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Updating the partner visa relationship timeline for the permanent stage
The partner visa relationship timeline must be updated for the permanent stage, because the Department makes a fresh assessment of the relationship on the evidence before it at the time of the permanent visa decision. A timeline that stopped on the day of lodgement will not show the decision maker how the relationship has continued since.
Why the permanent stage needs an updated timeline
For an onshore couple, the Department's policy for the Subclass 801 visa says the applicant must show they continue to meet the definition of spouse or de facto partner, and that this is a fresh assessment based on the evidence before the decision maker at the time of decision. Under paragraph 801.221(2)(d) of the Migration Regulations 1994, at least two years must generally have passed since the combined application was made before the Subclass 801 visa can be granted, subject to limited exceptions. The offshore Subclass 100 visa follows the same approach. The Subclass 820 vs Subclass 801 guide explains the two stages.
What to add to the partner visa relationship timeline after lodgement
After lodgement, the partner visa relationship timeline should continue to record every change of address, every trip, every period apart, the birth of any children, changes in employment, major joint purchases and any significant family events. Each new entry should be supported by documents in the same way as before. The updated timeline then becomes the reference for the permanent stage evidence, so that the new documents and any further Form 888 statements agree with what the Department was told earlier.
Reporting changes during processing
Some events in the updated partner visa relationship timeline must be reported to the Department while the application is still being processed. Section 104 of the Migration Act requires an applicant to notify changes in circumstances that make an answer in the application incorrect. The Department's policy for the Subclass 820 visa gives examples such as the relationship ending or a change in the family unit through birth, death or a change in relationship status. A change of address is also a common change to report. A change that appears for the first time in the permanent stage evidence, when it should have been reported earlier, creates its own inconsistency. Most onshore applicants hold a bridging visa during this period, and the guides to bridging visas in Australia and to working while waiting for a Subclass 820 visa explain what that means day to day.
When the relationship changes
If the relationship breaks down before the permanent visa is decided, the partner visa relationship timeline will record the date of separation, and that date has legal consequences. The guide on what happens if the relationship breaks down explains the options. Where family violence is involved, the family violence provisions may allow the application to continue, and accurate dates are again essential.
Partner visa relationship timeline issues in particular situations
Some couples need extra care with their partner visa relationship timeline because one or two dates carry far more legal weight than usual. The most common situations are de facto couples close to the 12-month mark, couples relying on registration, couples living in different countries, couples with previous relationships, couples applying without a substantive visa, and prospective marriage applicants.
De facto couples close to 12 months
A de facto couple who apply close to the 12-month mark should check the start date in the partner visa relationship timeline with particular care. If the evidence does not clearly support a start date at least 12 months before lodgement, the couple should consider whether an exception applies, such as registration of the relationship, or whether lodging later would be safer. Lodging first and hoping the date will be accepted is a serious risk, because the 12-month period is measured immediately before the application was made.
Couples relying on registration
Couples relying on a registered relationship under subregulation 2.03A(5) should record both the date the registration application was made and the date the relationship was registered. Only registration counts. The partner visa relationship timeline should make clear which date is which, and the registration certificate should be included with the application or provided as soon as it is issued.
Couples living in different countries
For couples who live in different countries, the partner visa relationship timeline is often the clearest way to show that the relationship is continuing. Each visit, each period apart and each plan to live together should be recorded. This is common for couples applying for the offshore Subclass 309 visa. The LGBTI partner visa can raise similar issues where a relationship could not be openly acknowledged in a home country, and the timeline should explain any period in which the couple could not live openly together.
Previous relationships and previous sponsorships
Where either partner has been married or in a de facto relationship before, the partner visa relationship timeline must show when that relationship ended. Overlapping dates between an old relationship and a new one are among the most damaging inconsistencies. Where the sponsor has sponsored a partner before, sponsorship limitations may apply, and the dates of earlier sponsorships matter. The guide on when a sponsor cannot sponsor a partner visa explains the rules.
Applicants without a substantive visa
An onshore applicant who does not hold a substantive visa at the time of application may need to satisfy the Schedule 3 criteria, unless there are compelling reasons not to apply them. Dates are central to that assessment, including when the last substantive visa ended and how long the relationship has existed. The guides to the Schedule 3 criteria for partner visas and to the Schedule 3 partner visa waiver explain the rules, and the firm's Schedule 3 waivers page explains how it assists.
Prospective marriage applicants
For a Subclass 300 applicant, the partner visa relationship timeline must show that the couple have met in person and intend to marry within the visa period. Planned wedding dates, notices of intended marriage and any change of date should be recorded. If the plan changes, the reasons should be documented as they happen.
What Tribunal decisions show about relationship dates
Tribunal decisions show that relationship dates, the 12-month de facto requirement and inconsistent information are regular issues on review. The cases below are remittals, meaning the Tribunal sent the matter back to the Department to reconsider. They are described only by the issues recorded for each decision, and a remittal does not mean any later grant.
The 12-month de facto requirement
In Agostin (Migration) [2019] AATA 1108, a Subclass 820 matter, the recorded issue was a de facto relationship that fell short by two months of the 12-month requirement, together with the de facto definition. In Madrigal Urrea (Migration) [2019] AATA 6385, the issues recorded included living together as de facto partners for 12 months, a relationship certificate and the age requirement. In Lai (Migration) [2019] AATA 5651, the issues recorded were a de facto relationship of at least 12 months and a relationship registered under Victorian law. Decap (Migration) [2020] AATA 1086 recorded a de facto relationship for at least 12 months together with compelling and compassionate circumstances. These decisions show how much can turn on the start date in a partner visa relationship timeline and on any exception that applies.
In Jakharia (Migration) [2021] AATA 3345 and Shindome Laffan (Migration) [2019] AATA 6762, the recorded issues included a de facto relationship for 12 months at or before the time of application, alongside shared finances, household and social activities. In Varhelyi (Migration) [2024] AATA 320, the issues included a relationship for 12 months before the application, international travel and work, and considerable documentary evidence and supporting statements. In Silvia (Migration) [2021] AATA 1429, the issues recorded were a de facto relationship for 12 months before the application, and that the parties were now validly married.
Dates, inconsistencies and time of application
In Kandel (Migration) [2024] AATA 160, a Subclass 309 matter, the recorded issues included different registered marriage dates. In 1620095 (Migration) [2019] AATA 400, also a Subclass 309 matter, the issues recorded were false information and inconsistent information submitted, with the Tribunal satisfied of identity and of a genuine and continuing relationship. In Nguyen (Migration) [2021] AATA 1113, the issues included a genuine married relationship at the time of application and consistent evidence. In Tang (Migration) [2023] AATA 1244, the issues included evidence of events after the date of the visa application. In Parada (Migration) [2020] AATA 6058, the issues included a genuine de facto relationship for 12 months before the application where work commitments restricted joint residence. Together, these decisions show why dates should be consistent, explained and supported before an application is lodged. The guide to what to expect at an ART review explains the review process. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. Review deadlines are short and strictly applied, so a refusal should be assessed immediately, and the guide to partner visa refused appeal options explains the next steps.
Common partner visa relationship timeline mistakes
The most common partner visa relationship timeline mistakes are dating the relationship from the first date instead of the start of the committed relationship, leaving out a separation, giving different move-in dates in different documents, leaving gaps in address history, forgetting trips, and failing to update the timeline after lodgement.
Choosing a start date that suits the 12 months
Choosing the start date because it produces 12 months, rather than because it is when the committed relationship began, is a serious mistake. The evidence will usually show the real start date, and a date that does not fit the messages, photographs and witnesses will be questioned. The partner visa relationship timeline must record the true start date, and if that date is less than 12 months before the intended lodgement, the couple should take advice before lodging.
Leaving out a break or a previous relationship
Leaving out a separation, or the overlap with a previous relationship, is the mistake most likely to look deliberate. The Department may already hold information that shows it. A partner visa relationship timeline that records the break and explains it is far safer than one that hides it.
Inconsistent move-in dates and address gaps
The move-in date is the most frequently mismatched date in partner visa applications. It appears in the application form, the sponsorship, the relationship statement, Form 80, leases and Form 888 statements. Address gaps cause similar problems. Both are easily avoided if every document is completed from one agreed partner visa relationship timeline.
Treating the timeline as finished at lodgement
Many couples prepare a careful partner visa relationship timeline for lodgement and then stop. Two or more years later, at the permanent stage, they cannot remember when they moved, when they travelled or when a change was reported. Keeping the timeline up to date throughout processing avoids this problem.
Preparing everything without an outside check
Couples who prepare their own application often do not see conflicts that are obvious to a reader outside the relationship. The guide to a partner visa lawyer compared with doing it yourself explains the trade-offs, and the guide to hiring an immigration lawyer after lodging your own application explains how a file can be checked after lodgement.
How My Migration Lawyers prepares a partner visa relationship timeline
My Migration Lawyers prepares a partner visa relationship timeline with each couple at the start of the matter, before any form or statement is drafted, and then uses that timeline to check every date in the application from lodgement through to the permanent stage. The firm acts in many partner visa matters where dates are complicated, and it regularly handles complex cases involving relationships that started, ended and resumed, couples close to the 12-month de facto mark, registered relationships, long periods apart, previous marriages and earlier visa applications with different information. The firm is well placed to manage this work carefully and thoroughly.
How the firm builds and tests the timeline
First, the firm takes instructions from both partners on the history of the relationship and builds a draft partner visa relationship timeline from the documents the couple already holds. Second, it obtains the applicant's immigration history itself, so that the timeline can be compared with what the Department already knows. Third, each partner checks the draft separately, and the firm identifies every date they remember differently. Fourth, the firm compares the agreed timeline with the draft forms, the sponsorship, Form 80 and Form 1221 where requested, and marks every conflict. Fifth, it reviews the couple's own relationship statement and each Form 888 statement against the timeline, and the couple and their witnesses correct and confirm their own accounts. Sixth, it identifies which entries need an explanation and where that explanation belongs.
After lodgement and at the permanent stage
After lodgement, the firm keeps the partner visa relationship timeline up to date, advises on which changes must be reported, and uses the updated timeline to prepare the permanent stage evidence. Where the Department raises a concern about dates through a section 56 request or a section 57 letter, the firm prepares the response against the same timeline so that nothing new conflicts with the file. Where the firm is appointed, it lodges Form 956 so that the Department corresponds with the firm.
When couples come to the firm
Couples come to My Migration Lawyers at different points. Some want their partner visa relationship timeline built before they lodge. Some want a second opinion from an immigration lawyer on an application prepared elsewhere. Some need help with a partner visa refusal or a wider visa refusal where dates were part of the reasons, and a visa appeal lawyer can assess whether the decision should be taken further. Others want to understand when they need an immigration lawyer for a partner visa, or more generally what an immigration lawyer does. Couples who need advice quickly can read the guide to urgent immigration lawyer advice, and the guide on partner visa migration agents and lawyers explains the difference between the two professions factually.
Who leads the work
Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. The guide to working with a partner visa lawyer explains the role in more detail. The firm acts for couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth and Adelaide, with consultations by video. The guide to booking an immigration lawyer consultation explains what happens at the first meeting, and couples comparing firms can read the guide to choosing the best partner visa lawyer in Australia.
Book a consultation about your partner visa relationship timeline
If your dates do not line up, if you are close to the 12-month de facto mark, or if you are unsure how your partner visa relationship timeline will be read by the Department, the right time to get advice is before you lodge or before you respond to the Department. Book a Consultation with My Migration Lawyers to have your partner visa relationship timeline built and checked against your forms, your relationship statement and your evidence. You can also call 1300 040 300.
Frequently Asked Questions
What is a partner visa relationship timeline?
A partner visa relationship timeline is a dated chronology of the relationship, from the first meeting to the present. It records when the relationship began, when the couple moved in together, any engagement, marriage or registration, periods apart, address history, travel and children. Its purpose is to make sure the forms, the relationship statement, the Form 888 statements and the documents all give the same dates.
Do I have to lodge a partner visa relationship timeline with my application?
No. The Department does not ask for a partner visa relationship timeline by name. It is a working tool used to keep every date in the application consistent. Some couples attach a short chronology to the relationship statement as a reading aid, but the timeline is not a separate statement. A partner visa has one relationship statement, supported by Form 888 statements and documents.
Which dates matter most in a partner visa relationship timeline?
The dates that matter most are when the committed relationship began, when the couple moved in together, any marriage or registration date, periods apart and the date of lodgement. For de facto couples, the start date decides whether the relationship existed for at least 12 months immediately before the application under regulation 2.03A. The relationship must also be genuine and continuing at application and at decision.
Does the 12-month de facto period start when we moved in together?
Not necessarily. The 12 months is counted from when the de facto relationship existed, and the Department's policy says a de facto relationship cannot be rejected solely because the couple did not live together at a particular time. Living together is still strong evidence that the relationship is genuine. Your partner visa relationship timeline should record the start of the relationship and the move-in date as separate entries.
What if we separated and got back together?
The separation must be recorded in your partner visa relationship timeline. The Department's policy says the 12-month de facto requirement applies even if the couple had an earlier relationship before that period. If you separated and reunited, the 12 months is generally counted from the reunion. Hiding a separation is a serious risk, because it may already be visible in addresses, travel records or earlier applications.
Is there an exception to the 12-month de facto requirement?
Yes. The 12-month period does not apply if the relationship is registered under a prescribed State or Territory law, if compelling and compassionate circumstances are established, or in certain cases where the partner holds or is applying for a permanent humanitarian visa. If the couple marry before the decision, the de facto rules no longer apply. Your partner visa relationship timeline should record the date any exception arose.
Does a registration application count, or must the relationship be registered?
The relationship must actually be registered. The Department's policy says a receipt showing that an application for registration has been lodged is not enough for subregulation 2.03A(5). The policy also says registration after lodgement but before decision is taken to meet that subregulation. Your partner visa relationship timeline should show the date the registration application was made and the date the relationship was registered.
How do I prove the dates in a partner visa relationship timeline?
Each date should be supported by a document wherever possible. Leases, mortgages and utility accounts support move-in dates. Passports and bookings support travel and periods apart. Certificates prove marriage, registration and births. Messages, photographs and witnesses support the start of the relationship. Where no document exists, the date should be explained in the relationship statement and given consistently by both partners.
What happens if the dates in our documents do not match?
Mismatched dates should be found and resolved before lodgement. Identify the most reliable record for each event, agree the correct date with your partner, correct the draft forms and statements, and explain any difference that remains. Unexplained conflicts in a partner visa relationship timeline can cause the case officer to doubt the relationship, and may lead to a request for more information or a refusal.
How do case officers find inconsistent dates?
Case officers compare the application with the Department's own records, including previous visa applications and travel movement records. They also compare the application form, sponsorship, Form 80, the relationship statement, Form 888 statements and documents, and they may interview both partners separately. A partner visa relationship timeline agreed before lodgement helps both partners give the same dates in every document and at interview.
Does Form 80 need to match my partner visa relationship timeline?
Yes. Form 80 asks for your address history and international travel for the last 10 years in chronological order, and says gaps must be explained. Those entries must match the addresses, move-in date and travel in your partner visa relationship timeline. The same applies to Form 1221 if the Department requests it. Address and travel conflicts are among the most common inconsistencies in partner visa applications.
Should Form 888 witnesses use the same dates as the timeline?
Form 888 witnesses should give their own honest recollection. A Form 888 is a supporting witness statement, not a statutory declaration. If a witness remembers an event on a different date from the partner visa relationship timeline, the witness should check their own memory before signing. A witness should never simply copy dates they do not personally know, but conflicts should be noticed and checked.
Can I fix a wrong date after lodging my partner visa?
Yes. If an answer in your application was incorrect when given, the Department's Form 1023 Notification of incorrect answers is used to correct it. If your circumstances change after lodgement and an answer becomes incorrect, section 104 of the Migration Act requires you to notify the Department, usually with Form 1022. Correct errors in your partner visa relationship timeline promptly rather than waiting for the Department to find them.
Can inconsistent dates lead to a refusal under PIC 4020?
They can be relevant. Public interest criterion 4020 applies to partner visas and is not met where there is evidence of a bogus document or information that is false or misleading in a material particular. The Department's policy treats claims inconsistent with earlier claims as a trigger for further investigation. An honest error is different from false information, but an unexplained conflict invites scrutiny, so resolve it early.
Do I need to update the partner visa relationship timeline for the permanent stage?
Yes. At the permanent stage, the Department makes a fresh assessment of the relationship on the evidence before it at that time, generally once two years have passed since the combined application. Your partner visa relationship timeline should keep recording new addresses, travel, periods apart, children and other changes, and each change that must be reported should be notified to the Department when it happens.
Can My Migration Lawyers prepare our partner visa relationship timeline?
Yes. My Migration Lawyers builds a partner visa relationship timeline with each couple from their own documents, obtains the applicant's immigration history, and checks every form, the relationship statement and each Form 888 statement against it before lodgement. The firm keeps the timeline updated through to the permanent stage. You can book a consultation online or call 1300 040 300.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
