Partner Visa Secret Relationship

A partner visa secret relationship is a relationship that the couple has kept hidden from family, friends or their community, often for reasons of culture, religion, sexuality or personal safety. A partner visa secret relationship can still lead to the grant of a partner visa. The law does not require a couple to be publicly known as a couple. It requires the couple to prove that their relationship is genuine and continuing, and the social aspects of the relationship are only one part of that test.

The difficulty in any partner visa secret relationship is evidence. The Department of Home Affairs expects to see how the couple presents itself to other people and what other people think of the relationship. When parents, siblings and community members do not know, the usual sources of social evidence are missing. This guide explains what the law actually requires, what evidence can take the place of family recognition, who can give Form 888 supporting statements, how to explain the secrecy honestly, and how the Department treats the information a couple gives it.

This article focuses on relationships that are hidden. If your family knows about the relationship but disapproves of it, or has cut contact with you, the evidence issues are related but different. For the overall framework of every partner visa subclass, read our complete guide to partner visas in Australia.

Can you get a partner visa if your relationship is a secret?

Yes. A partner visa secret relationship does not stop the Department from granting a partner visa, provided the couple proves that the relationship meets the legal definition of a spouse or de facto relationship and that it is genuine and continuing. There is no criterion in the Migration Act 1958 or the Migration Regulations 1994 that requires a couple to tell their families, to hold a public wedding or to announce the relationship on social media.

The test that applies to every partner visa is whether the couple has a mutual commitment to a shared life together to the exclusion of all others, whether the relationship is genuine and continuing, and whether the couple lives together or does not live separately and apart on a permanent basis. For a married couple, the definition is in section 5F of the Migration Act 1958. For a de facto couple, it is in section 5CB. These definitions apply in the same way to the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa and the permanent Subclass 801 and Subclass 100 stages.

What a partner visa secret relationship changes is the shape of the evidence. A couple whose relationship is hidden will usually have fewer photographs at family events, fewer statements from relatives and less public recognition than a couple whose relationship is openly celebrated. That gap has to be explained and filled with other evidence. It does not mean the relationship fails the legal test.

A partner visa secret relationship also needs care in how the application is prepared. The couple must give consistent accounts of who knows about the relationship, why others do not know, and how the couple lives day to day. An application that simply leaves out the social aspects, without explanation, invites the conclusion that the relationship is not genuine.

What the law says about the social aspects of a relationship

The social aspects of a relationship are one of four aspects that the decision maker must consider when deciding whether a relationship is genuine and continuing. For de facto partners, the aspects are set out in regulation 1.09A of the Migration Regulations 1994. For spouses, they are set out in regulation 1.15A. Both regulations require the decision maker to consider all of the circumstances of the relationship.

The four aspects are:

• the financial aspects of the relationship;
• the nature of the household;
• the social aspects of the relationship; and
• the nature of the persons' commitment to each other.

These are areas of the relationship that the decision maker examines. They are not four separate statements. The couple gives its own account in one partner visa relationship statement, and documents are then supplied that speak to each aspect.

What the social aspects include

Under paragraph 1.09A(3)(c) and paragraph 1.15A(3)(c), the social aspects of the relationship include:

• whether the couple represents itself to other people as being in a de facto relationship or as being married;
• the opinion of the couple's friends and acquaintances about the nature of the relationship; and
• any basis on which the couple plans and undertakes joint social activities.

Each of these factors can be addressed in a partner visa secret relationship, even when family members do not know. "Other people" is not limited to family. It includes friends, colleagues, flatmates, landlords, and institutions such as banks, insurers, employers and government agencies. The opinion of "friends and acquaintances" can come from the small circle of people who do know. Joint social activities can include travel, dinners, memberships and events that take place away from family.

Department policy recognises that some couples cannot be open

The Department's own procedural instructions on the assessment of spouse and de facto relationships contain an important statement for any partner visa secret relationship. After listing the kinds of evidence that usually show the social aspects, the instructions tell decision makers to take into account to what extent, if any, the laws or traditions of the applicant's home country may discourage the couple from openly admitting the existence of the relationship.

This is the policy foundation for a partner visa secret relationship application. It means a case officer is expected to consider why a couple has not made the relationship public, rather than treating limited social recognition as a sign that the relationship is not genuine. It does not remove the need for evidence. It does mean that a well-explained reason for secrecy is relevant to how the social aspects are weighed.

The instruction refers to the laws and traditions of the applicant's home country. In practice, many partner visa secret relationship cases involve the sponsor's family or community as well. The broader principle remains that the decision maker must consider all the circumstances under regulation 1.09A or regulation 1.15A, and the reasons a couple keeps the relationship private are part of those circumstances.

Social aspects are weighed with the other three aspects

No single aspect decides the outcome. A partner visa secret relationship may have thin evidence of social recognition but strong evidence of a shared household, pooled finances and long-term commitment. The decision maker must weigh the whole picture. Our guides to partner visa evidence and how to prove a relationship is genuine and to preparing evidence of a genuine relationship explain how each aspect is usually shown.

The Tribunal has considered limited social recognition in remitted partner visa matters. In 1827567 (Migration) [2019] AATA 1050, a Subclass 309 matter remitted by the Federal Circuit Court, the issues reported included the age difference between the parties and a lack of social recognition of the relationship. The case is a reminder that a lack of social recognition is an issue to be assessed with everything else, not an automatic reason for refusal.

Why couples keep a relationship secret

Couples keep relationships private for many legitimate reasons. Understanding the reason matters, because the reason is what the decision maker will weigh, and it shapes the evidence that can be gathered. Most partner visa secret relationship cases fall into one or more of the following groups.

Cultural and family expectations

In many families, a relationship is expected to be approved by parents before it becomes known, or a partner is expected to come from a particular community, caste, nationality or background. A couple may keep the relationship secret until they feel able to tell their families, or until they are married. Some families expect an arranged marriage, and a person who has chosen their own partner may fear pressure or conflict if the relationship becomes known.

In a partner visa secret relationship of this kind, the couple will usually be open with some friends, perhaps with one side of the family, and closed with the other. The evidence strategy is to show the relationship through the people and institutions who do know, and to explain the family expectations honestly.

Religious differences

A couple from different faiths may hide the relationship because one or both families would object on religious grounds. The secrecy is then tied to the religious difference rather than to the relationship itself. The explanation should say so plainly, and any steps the couple has taken towards a ceremony or towards telling their families should be described.

Sexuality and LGBTI couples

Same-sex couples are recognised in Australian migration law on the same basis as opposite-sex couples. A same-sex marriage that is valid under Australian law, and a same-sex de facto relationship that meets section 5CB, can found a partner visa in exactly the same way. Many same-sex couples, however, cannot be open about their relationship with family, with their community or in their country of origin. In some countries, same-sex relationships are criminalised.

A partner visa secret relationship between two people of the same sex is one of the clearest situations in which the Department's policy on laws and traditions applies. Our page on same-sex and LGBTI partner visas explains how the relationship criteria apply to LGBTI couples, including where a marriage cannot be registered in the applicant's home country.

Personal safety

Some couples keep their relationship hidden because disclosure would put one or both of them at risk of harm from family members or others. Where safety is the reason, the couple's safety comes first. The application should explain the risk without exposing the couple to further danger, and the couple should think carefully about who is named in the application and who is asked to give evidence.

Previous marriages and other personal reasons

A person who has been through a divorce, or who is separated but not yet divorced, may keep a new relationship private for a period because of family attitudes to remarriage or because of ongoing family law proceedings. Others keep a relationship private for professional reasons, or because they are private people who do not share their personal lives widely. A partner visa secret relationship based on personal preference alone needs particularly careful evidence, because the decision maker may ask why even close friends were not told.

Secret from whom? Most secrets are partial

Very few relationships are secret from everyone. In most partner visa secret relationship cases, the relationship is hidden from one group of people and known to others. A couple might hide the relationship from the applicant's parents but be open with the sponsor's family. They might hide it from their religious community but be open with work colleagues. They might hide it overseas but live openly as a couple in Australia.

Identifying exactly who knows and who does not is the first step in preparing a partner visa secret relationship application. It tells the couple where social evidence can come from. It also makes sure that the applicant and the sponsor give the same account. If one partner says that no one knows and the other says that several friends know, the inconsistency becomes a credibility problem.

A useful approach is for the couple to list, separately, every person or group who knows about the relationship, how they found out and when, and every person or group who does not know and why. The couple can then compare their lists before anything is written. The explanation in the relationship statement should reflect what is actually true for that couple.

For a de facto couple, the timing of the relationship also matters. A de facto applicant must generally show that the relationship existed for at least 12 months before the application, unless an exception applies. A partner visa secret relationship that has been hidden for a long time may have little paperwork from its early stages. 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 for a Subclass 820 visa explain those rules.

Is a partner visa secret relationship a red flag for the Department?

No. A partner visa secret relationship is not treated as a red flag simply because the couple has kept the relationship private. The Department assesses the evidence that is actually before it. What creates risk is an unexplained gap in the evidence, or an account that does not hold together.

A case officer who sees no family photographs, no statements from relatives and no public announcement will ask why. If the application answers that question clearly and the rest of the evidence is strong, the absence of family recognition becomes part of an understandable picture. If the application is silent, the case officer is left to draw inferences, and those inferences are rarely helpful to the couple. Many of the reasons partner visas are refused, discussed in our guide on why partner visas get refused, come down to evidence that was never explained rather than evidence that did not exist.

The same is true for onshore applications. Our article on the most common reasons Subclass 820 partner visas are refused shows that doubts about the genuineness of the relationship usually arise from inconsistency, thin evidence and unexplained features of the relationship. A partner visa secret relationship has one obvious unusual feature. The task is to explain it before the case officer has to ask.

There is also a practical difference between a couple who hides the relationship from some people and a couple who appears to hide it from everyone, including the institutions they deal with every day. A couple who lives together, names each other on a lease, holds a joint account and lists each other as next of kin is presenting as a couple to the world in many ways, even if their parents do not know. That couple's partner visa secret relationship is usually far easier to prove than the label suggests.

A partner visa secret relationship can arise in every partner visa pathway, including the Subclass 300 Prospective Marriage visa, where the couple must also show a genuine intention to marry and live together. Where the couple plans a private or small wedding because of family attitudes, that plan should be explained in the same way. Couples who want advice before they start gathering documents can speak with our partner visa lawyers, and the general partner visa document checklist is a useful starting point for the evidence that applies to every couple.

Social evidence for a partner visa secret relationship

Social evidence for a partner visa secret relationship comes from three main places: the people who do know about the relationship, the institutions and organisations to which the couple has declared the relationship, and the social life the couple shares away from the people who do not know. Each of these can be documented, even when family recognition is missing.

The aim is to answer the questions in regulation 1.09A(3)(c) and regulation 1.15A(3)(c) directly. Does the couple represent itself to other people as a couple? What do friends and acquaintances think of the relationship? Does the couple plan and undertake social activities together? In a partner visa secret relationship, the honest answer to the first question is usually "yes, to some people and some organisations, but not to others". The evidence should show exactly that.

Our guides to the evidence needed for a Subclass 820 partner visa and to the Subclass 820 partner visa requirements, cost and processing set out the standard documents for every couple. The sections below focus on what changes in a partner visa secret relationship.

Declarations of the relationship to institutions

Declaring the relationship to institutions is one of the strongest forms of social evidence in a partner visa secret relationship, because it shows the couple presenting itself as a couple in formal settings. These declarations usually do not come to the attention of family members, so many couples have made them without any risk to their privacy.

Examples include:

• a residential lease in both names, or a rental application that lists the partner as a co-occupant;
• a joint bank account, or a bank record that shows the partner as an authorised user;
• health insurance or car insurance that covers both partners as a couple;
• superannuation beneficiary nominations and life insurance nominations naming the partner;
• wills that leave property to the partner;
• an employer's record that lists the partner as next of kin or emergency contact;
• Medicare, tax or government records that show the couple at the same address or record the partner; and
• a relationship registered under a state or territory scheme, where the couple has chosen to register.

Not every couple will have all of these. Each one that does exist is evidence that the couple tells the world, in formal and binding ways, that it is a couple. In a partner visa secret relationship, this kind of evidence often carries more weight than a large number of photographs, because it shows commitments the couple made for itself rather than for the visa application.

Relationship registration deserves a specific comment. For a de facto couple, a relationship registered under a prescribed state or territory law can satisfy the 12-month requirement. Registration is usually a private administrative step, but couples should check how the registry handles records before registering if privacy is a real concern. Our guide on the onshore Subclass 820 visa explained covers how registration interacts with the onshore application.

Joint social activities away from family

Joint social activities do not have to happen in front of family to count. In a partner visa secret relationship, social activities may take place with the sponsor's friends, with work colleagues, with a sporting club, at a place of worship where the couple is known, or simply as a couple in public places.

Useful evidence includes:

• invitations addressed to both partners, for example to weddings, birthdays or work functions;
• tickets, bookings and receipts for events, restaurants, concerts and travel in both names;
• photographs taken together over the whole relationship, with dates and places, including photographs with friends;
• memberships held jointly or as a couple, such as a gym or club membership; and
• travel together, with booking records that show shared itineraries.

The photographs in a partner visa secret relationship may be fewer and more private than usual. That is acceptable. What matters is that they are genuine, spread across the relationship and consistent with the couple's account of who knows. A couple who says it never appears together in public should not then provide many photographs at large public events. The evidence must match the story, because the story must be the truth.

Social media in a partner visa secret relationship

Social media is not required for any partner visa. Many couples in a partner visa secret relationship deliberately avoid posting about each other online, because a single post could reveal the relationship to family. A couple who has no joint online presence should simply explain that choice in the relationship statement.

Where a couple does use private messaging, the history of their communication can still be relevant. Messages show the development of the relationship and the way the couple talks to each other. They should be provided selectively, as representative samples over time, not as hundreds of pages. Our article on preparing evidence of a genuine relationship explains how to select communications that actually help.

Who can give Form 888 statements in a partner visa secret relationship?

A Form 888 supporting statement can be given by a person aged at least 18 who knows both the applicant and the sponsor and knows the history of their relationship. The form asks the person to provide evidence of their identity and, where applicable, their Australian citizenship or permanent residence. In a partner visa secret relationship, the people giving Form 888 statements are simply the people who do know.

Form 888 is a supporting statement. It is not a statutory declaration. It is made on the Department's own form, and the person signing it confirms that the statements in it are true. A false statement in a Form 888 can have serious consequences under the Migration Act 1958, so each person must describe only what they have actually seen and know. Our guide to Form 888: who can make one and what it should say explains the formal requirements in detail, and our Form 888 example answers and common mistakes shows the difference between a useful statement and a weak one.

People who can usually help

In a partner visa secret relationship, Form 888 statements commonly come from:

• the sponsor's parents, siblings or other relatives, where the sponsor's family knows;
• close friends of either partner who have spent time with the couple;
• work colleagues who know the couple socially;
• flatmates, landlords or neighbours who have seen the couple living together; and
• members of a club, faith community or social group who know the couple as a couple.

There is no rule that a Form 888 statement must come from the applicant's family. The Department wants to hear from people who have seen the relationship. A friend who has shared dinners, holidays and celebrations with the couple for several years may be a more persuasive witness than a relative who has met the couple twice.

What a Form 888 statement should say about the secrecy

A good Form 888 statement in a partner visa secret relationship does two things. It describes the relationship as the witness has seen it: how long the witness has known the couple, how they met the couple, what they have done together and why they believe the relationship is genuine. It also confirms, where the witness knows it, that the couple has kept the relationship private from certain people and why.

That second part is valuable. A witness who says "I know they have not told her parents because her family would not accept the relationship, and I have seen how carefully they manage that" gives independent support to the couple's explanation. The witness should use their own words and describe only what they know. The statement must never be drafted for the witness to sign as if it were their own.

When few people can safely give a statement

Some couples in a partner visa secret relationship have very few people they can ask. That is not fatal. The Department does not require a fixed number of witnesses for the relationship to be accepted, although the forms and checklists contemplate supporting statements. The real question is whether the evidence as a whole shows a genuine and continuing relationship.

Where only one or two people can give a statement, the couple should explain why in the relationship statement, and the other aspects of the relationship should be documented as fully as possible. Where a potential witness would be put at risk by giving a statement, the couple should not ask that person. Safety comes before evidence.

Strengthening the other three aspects in a partner visa secret relationship

When the social aspects are limited, the financial aspects, the nature of the household and the nature of the commitment carry more of the weight. A partner visa secret relationship application should therefore document these three aspects as thoroughly as the couple's real circumstances allow.

The financial aspects

The financial aspects include joint ownership of property or major assets, joint liabilities, pooling of financial resources, the sharing of day-to-day household expenses and the extent to which one partner relies on the other financially. In a partner visa secret relationship, a joint account, shared bills and transfers between partners for rent and expenses can usually be documented without anyone else learning about the relationship.

The nature of the household

The nature of the household covers living arrangements, joint responsibility for children, and the sharing of household responsibilities. A lease, utility accounts, mail to the same address and a description of how the couple runs its home all help. Some couples in a partner visa secret relationship maintain the appearance of separate addresses for family reasons. If so, the true position must be stated honestly, and any address used for family purposes should be explained.

The nature of the commitment

The nature of the commitment covers the duration of the relationship, whether the couple sees the relationship as long term, the degree of companionship and emotional support, and whether the couple is committed to a shared life to the exclusion of all others. In a partner visa secret relationship, the couple's plans for telling family, for a wedding or for a shared future are often the clearest evidence of commitment. Wills, beneficiary nominations and long-term plans are also relevant.

The Tribunal has accepted that social evidence can take a form shaped by culture. In TOURI (Migration) [2021] AATA 4570, a Subclass 309 remittal, the reported issues included limited financial arrangements and the social aspects of the relationship as culturally appropriate. In 2101188 (Migration) [2024] AATA 3941, a Subclass 820 remittal, the reported issues included the sponsor's lack of contact with family and supporting statements from friends. Each case turned on its own facts, but both show the Tribunal assessing the social aspects in light of the couple's actual circumstances.

Couples who are still choosing their pathway can compare the onshore and offshore options in our guide to the differences between Subclass 820 and Subclass 801 and our article on 820 visa requirements, documents and how to apply. Couples planning their timing can also read our guides on Subclass 820 processing times and the Department charges for a Subclass 820 application. The rules on who may sponsor also apply in full to a partner visa secret relationship: our guide on when a sponsor cannot sponsor a partner visa and our page on partner visa sponsorship limitations explain those limits.

Couples who have been apart because of the secrecy

Some couples in a partner visa secret relationship have lived apart for periods so that family would not find out, or because one partner was overseas with family. Living apart for a period does not automatically mean the relationship is not continuing. The law asks whether the couple lives separately and apart on a permanent basis. Temporary separation for a clear reason, with regular contact and ongoing commitment, is different. The reason for each period apart, and how the couple stayed in contact, should be explained.

If a visitor is in Australia and the couple wants to apply onshore, the location and visa condition rules must also be checked. Our guide to moving from a tourist visa to a partner visa in Australia sets out what to check before lodging.

When the secrecy involves fear of harm

Where the reason for a partner visa secret relationship is a fear of harm from family members or others, the couple's safety is the priority. If a partner is experiencing family violence within the relationship itself, different rules may apply, and our page on family violence and partner visas explains the special provisions. If the relationship later breaks down, our guide on what happens to a Subclass 820 application if the relationship breaks down explains the options.

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

The relationship statement should explain the secrecy plainly, in the couple's own words: who does not know, why they do not know, who does know, and how the couple manages its life around that. In a partner visa secret relationship, this explanation is usually the most important part of the statement, because it gives the case officer the context for everything else.

There is one relationship statement. It tells the story of the relationship from the first meeting to the present, and it covers the four aspects as they apply to that couple. Our guide on how to write a partner visa relationship statement, with examples explains the structure. In a partner visa secret relationship, a dedicated section on privacy and family knowledge should sit within that one statement. It should cover:

• the specific people or groups who do not know about the relationship;
• the reason, described honestly and specifically, without exaggeration;
• the people and organisations who do know, and how they came to know;
• how the secrecy affects daily life, for example separate visits to family or limited photographs;
• whether the couple intends to tell family in future, and what has to happen first; and
• any risk the couple fears if the relationship becomes known.

The explanation should be factual and calm. General statements such as "our culture does not allow this" are less useful than specific facts about the couple's own families. A case officer is more likely to accept an explanation that is concrete, consistent with the rest of the evidence and consistent between both partners.

The statement belongs to the couple. It is their own evidence. A lawyer can review it, ask questions about gaps and help to present it in the form the law requires, but the facts must be the couple's own facts, checked and corrected by them. A partner visa secret relationship is a situation where an invented or exaggerated explanation is especially dangerous, because it will be tested against everything else in the file.

Keeping both partners' accounts consistent

Both partners must give the same account of who knows about the relationship and why. Inconsistency on this point is one of the most common problems in a partner visa secret relationship application. It can arise innocently, for example where one partner believes a sibling does not know and the other partner knows that the sibling found out months ago. These differences should be resolved before lodgement.

The same consistency is needed in interviews. The Department may interview the applicant, the sponsor or both. Each partner should be able to explain the secrecy in their own words, in a way that matches the written evidence. Our article on how long an onshore Subclass 820 partner visa takes explains why the evidence is often reviewed long after lodgement, which makes a clear and consistent written account even more important.

Partner visa secret relationship and earlier visa applications

A partner visa secret relationship sometimes collides with the couple's own visa history. A person who kept a relationship secret may have described themselves as single, or may not have listed their partner, in an earlier visa application to Australia. That earlier answer must be checked before the partner visa is lodged.

The partner visa application asks for relationship history and, through Form 80 personal particulars where requested, detailed personal information. If the dates in the partner visa application show that the relationship existed when an earlier application said the person was single or not in a relationship, the Department will see the inconsistency. Depending on the facts, that can raise questions about the integrity requirements, including public interest criterion 4020, which deals with false or misleading information.

Not every earlier answer is wrong. A couple in the early stages of dating may not yet have been in a de facto relationship when an earlier application was lodged. The legal question is whether, at the time of that earlier application, the relationship met the definition the form was asking about. That is a question of fact and law, and it should be assessed before anything new is lodged. Where an earlier answer was incorrect, the honest correction of the record should be considered with legal advice. A partner visa secret relationship must never lead to a second inaccurate answer to cover the first.

Changes after lodgement

If something changes after lodgement, for example the couple moves house, tells family about the relationship or has a child, the Department should be told. Our guide to Form 1022 notification of a change of circumstances explains when a change must be notified. When family members learn of the relationship after lodgement, that is often good news for the evidence, and new Form 888 statements from those family members can be provided.

Will the Department tell my family about my partner visa secret relationship?

The Department of Home Affairs is bound by the Privacy Act 1988 and the Australian Privacy Principles in the way it collects, uses and discloses personal information. The Department does not ordinarily contact an applicant's family simply to tell them about a partner visa application. However, the Department can verify the information in an application, and couples in a partner visa secret relationship should understand what that can involve.

Verification may include:

• contacting the people who gave Form 888 statements to confirm what they said;
• contacting employers, landlords or other organisations named in the application;
• checking records held by other Australian government agencies; and
• in some cases, an interview or a visit to the couple's home.

The Department's privacy notice for visa applications explains that personal information may be disclosed to other agencies and organisations where the law permits, including for the purpose of verifying information. Couples should therefore think carefully about whom they name in the application. A person who is named as a referee or witness may be contacted.

Where there is a real safety concern, the application should say so clearly. The case officer can then take that into account when deciding how to verify information. A couple in a partner visa secret relationship should not avoid giving relevant information to the Department because of privacy fears. Withholding required information creates its own serious risks. The correct approach is to give the information and explain the confidentiality concern.

Confidentiality if the matter goes to the Tribunal

If a partner visa is refused and the couple seeks review, decisions of the Administrative Review Tribunal in migration matters are often published. A couple in a partner visa secret relationship who is concerned about identification should raise this early. The Tribunal has powers to restrict the publication or disclosure of information in appropriate cases, and the request should be made with reasons. Our guide on what to expect at an ART review after a visa refusal explains the review process.

What if the Department doubts a partner visa secret relationship?

If the Department doubts a partner visa secret relationship, it will usually ask for more information or put its concerns to the couple before refusing. A request under section 56 of the Migration Act 1958 asks for further information. A letter under section 57 gives the applicant an opportunity to comment on adverse information that may be a reason for refusal. Both must be answered carefully and on time.

Our guides on responding to a section 56 request for more information and on how to respond to a section 57 natural justice letter for a partner visa explain those steps. In a partner visa secret relationship, the concern will often be about the social aspects or about inconsistencies in who knows. The response should address that concern directly, with a clear explanation and with whatever additional evidence the couple can now provide.

If a partner visa secret relationship application is refused

If the visa is refused, the couple may be able to seek merits review at the Administrative Review Tribunal. The time limit for applying for review is short and strictly applied, so advice should be sought as soon as the refusal is received. The Tribunal considers the matter afresh and can consider new evidence, including new Form 888 statements and an updated explanation of the secrecy.

In Kashyap (Migration) [2019] AATA 3265, a Subclass 820 remittal, the reported issues included the age difference between the parties, their knowledge of each other and recognition of the relationship. In Carrion Manrique (Migration) [2020] AATA 1688, a Subclass 820 remittal, the reported issues included limited evidence of pooling of financial resources and a limited social life. These decisions show that limited social evidence is assessed with everything else, not treated as decisive on its own.

Our pages on partner visa refusals and visa refusals generally explain how My Migration Lawyers acts after a refusal. Our guide to partner visa appeal options after a refusal compares review with other options, and our article on when you need a visa appeal lawyer explains the Tribunal process. Where the Tribunal makes a legal error, judicial review may be available. Couples considering a fresh application should read our guide on applying for a partner visa after a visa refusal.

Status and Schedule 3 issues

A partner visa secret relationship does not change the location and status rules. An onshore applicant who does not hold a substantive visa when applying may need to meet or have waived the Schedule 3 criteria. Our guides on Schedule 3 criteria when you are unlawful and on the Schedule 3 partner visa waiver, and our Schedule 3 waiver service page, explain those rules. An applicant whose visa has a no further stay condition should read our article on applying for a Subclass 820 visa with condition 8503. Bridging visa arrangements are explained in our guide to bridging visas in Australia.

Common mistakes in a partner visa secret relationship application

The most common mistakes in a partner visa secret relationship application are preventable. They include:

• leaving the social aspects blank or thin without explaining why;
• giving different accounts from each partner about who knows;
• asking a person who does not really know the couple to give a Form 888 statement;
• providing photographs or evidence that contradict the couple's account of the secrecy;
• overlooking an earlier visa application that described the applicant as single;
• exaggerating the danger or the cultural reasons for the secrecy; and
• naming people as referees without considering whether the Department may contact them.

Each of these can be avoided with careful preparation. Couples who prepared an application themselves and are now worried about one of these issues can read our guide to getting a second opinion from an immigration lawyer or to hiring an immigration lawyer after lodging your own application. Our guide on when you need an immigration lawyer for a partner visa and our article on how to choose a partner visa lawyer in Australia may also help. Our article comparing a partner visa lawyer with doing it yourself explains when legal help makes a difference.

How My Migration Lawyers helps with a partner visa secret relationship

My Migration Lawyers acts for couples in many partner visa secret relationship matters, and we understand how sensitive these cases are. We deal with complex partner visa cases regularly, including relationships hidden from family because of culture, religion, sexuality or safety, and we are capable of preparing and presenting these applications with the care they need.

In a partner visa secret relationship matter, our work usually includes:

• a confidential first discussion of who knows about the relationship, who does not, and why;
• a review of the couple's visa history, including earlier applications that may have described the applicant as single;
• identifying every source of social evidence that exists, including institutional declarations and the people who do know;
• advising on who can appropriately give Form 888 statements, and what each witness should address from their own knowledge;
• reviewing the couple's relationship statement, so that the explanation of the secrecy is clear, consistent and in the form the law requires;
• advising on privacy, on whom to name in the application and on how verification may work; and
• responding to section 56 requests, section 57 letters and refusals, and acting at the Administrative Review Tribunal where needed.

Our work is overseen by our Principal Lawyer, Weiwei Zhang. You can read more about My Migration Lawyers, and our page on LGBTI and same-sex partner visas explains how we assist same-sex couples. Consultations are by video, so couples can speak with us privately wherever they live. We act in partner visa secret relationship matters for couples across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra and Parramatta. Our guide on what happens at an immigration lawyer consultation explains what to prepare.

If your relationship is private and you are unsure how to prove it, a partner visa secret relationship can still be presented properly, honestly and with care. Book a consultation with My Migration Lawyers, or call 1300 040 300.