Partner Visa Short Relationship

A partner visa short relationship is not a bar to a partner visa in Australia. A married couple can apply for a partner visa however recently they met, and a de facto couple can apply before 12 months in limited situations. What a partner visa short relationship does change is the level of scrutiny. The Department of Home Affairs looks more closely at a new relationship, and the evidence has to show that the commitment is real even though the shared history is brief.

This guide explains how the law treats a partner visa short relationship. It covers the difference between married and de facto couples, the 12-month de facto rule and its exceptions, how the Department weighs the duration of a relationship, what the Tribunal has said in short relationship cases, and what evidence matters most when a couple has not been together long. It also explains the timing choices a couple should consider before lodging.

For an overview of every partner visa subclass, read our complete guide to partner visas in Australia. For the full list of legal criteria, see our page on partner visa lawyers and the guide to the Subclass 820 partner visa requirements, cost and processing. This article stays on one question: what happens when the relationship is short.

Can you get a partner visa with a short relationship?

Yes. A partner visa short relationship can succeed if the couple meet the legal definition of a spouse or a de facto partner and can show that the relationship is genuine and continuing. Australian migration law does not set a minimum length for a marriage. It does set a 12-month period for most de facto applicants, but that period has exceptions.

The answer therefore depends first on the type of relationship:

• Married couples. A spouse under section 5F of the Migration Act 1958 must be in a valid marriage, have a mutual commitment to a shared life as a married couple to the exclusion of all others, have a genuine and continuing relationship, and live together or not live separately and apart on a permanent basis. Nothing in section 5F requires the marriage or the relationship to have lasted any particular time.
• De facto couples. A de facto partner under section 5CB of the Act must meet a similar definition, but regulation 2.03A of the Migration Regulations 1994 adds a requirement that, for partner visas, the de facto relationship existed for at least 12 months immediately before the application was made, unless an exception applies.

In every partner visa short relationship matter, the second question is evidence. A short relationship has less history to document. The couple may not yet have a joint lease, a long run of shared bills, or years of photographs with family. That does not mean the relationship is not genuine. It means the evidence must be chosen and explained with care, because the decision maker will be asking whether a commitment formed quickly is a real commitment to a shared life.

The onshore Subclass 820 partner visa and the offshore Subclass 309 partner visa apply the same relationship definitions. The rules in this guide therefore apply whether the applicant is in Australia or overseas, subject to the separate location rules for each visa.

Is there a minimum relationship length for a married partner visa?

No. There is no minimum relationship length for a married couple applying for a partner visa. A couple who married two months after meeting can apply on the same legal footing as a couple married for ten years. The law asks whether the marriage is valid and whether the relationship is genuine and continuing, not how long it has lasted.

This is the most important point in any partner visa short relationship case, and it is often misunderstood. Many couples believe they must wait 12 months whatever their circumstances. The 12-month rule in regulation 2.03A applies to de facto relationships. It does not apply to spouses. The Department's own policy recognises that a change in relationship status, such as a de facto couple marrying, removes the need to meet the length of relationship requirement, provided the couple then meet the definition of spouse in section 5F.

That does not make marriage a shortcut. A marriage entered into quickly is still examined under regulation 1.15A, which requires the decision maker to consider 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. A short marriage with little shared life may be refused because the decision maker is not satisfied the relationship is genuine, even though the marriage itself is valid.

What makes a marriage valid for a partner visa?

A marriage solemnised in Australia under the Marriage Act 1961 is generally valid. A marriage solemnised overseas is generally recognised if it was valid under the law of the place where it took place and would not be void under Australian law. A marriage may not be recognised where a party was still married to someone else, where the parties are within a prohibited relationship, or where a party did not give real consent.

The Department's policy also notes that a marriage arranged by relatives, friends or marriage brokers is not, for that reason alone, invalid. However, decision makers are expected to take particular care in assessing whether an arranged marriage meets the commitment and genuineness elements of section 5F. Arranged and introduced marriages are often also short relationships at the time of application, so the two issues frequently arise together in a partner visa short relationship matter.

Evidence that usually shows it: the marriage certificate, a translation where it is not in English, and evidence that any earlier marriage of either party had ended before the current marriage.

How it fails: a marriage that is not recognised, or a valid marriage where the evidence of a shared life is too thin to show the relationship is genuine.

The 12-month rule for de facto couples and its exceptions

The 12-month rule is the one legal hurdle that applies to time itself. Under regulation 2.03A(3), a de facto applicant for a partner visa must show that the de facto relationship existed for at least 12 months immediately before the application was made. The Department's policy confirms that the requirement applies even where the couple had been together earlier, separated and then reunited, because it is the current de facto relationship that must have existed for the 12 months before lodgement. The rule does not apply where compelling and compassionate circumstances exist for the grant of the visa, where the relationship is registered under a law of an Australian state or territory prescribed for that purpose, or where the partner holds, or has applied for, a permanent humanitarian visa in the circumstances set out in regulation 2.03A(4). Registration is the exception most couples can use: the Department's policy states that a relationship registered after the application is made but before it is decided is taken to meet the exception, but a receipt showing that registration has been applied for is not enough. Compelling and compassionate circumstances set a high threshold. The policy gives examples such as a dependent child of the relationship, or de facto relationships being illegal in the country where the couple live, and it says that pregnancy alone is not usually enough and that the genuineness of the relationship is not, by itself, a compelling and compassionate circumstance.

That paragraph is the whole of the time rule. Everything else in a partner visa short relationship case concerns evidence and genuineness. We explain the 12-month rule in more depth in 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. Same-sex couples are treated in the same way, and our page on LGBTI and same-sex partner visas explains how the relationship rules apply to them.

The Tribunal has examined the registration and marriage routes in a number of de facto cases. In Lai (Migration) [2019] AATA 5651, a Subclass 820 matter, the issues reported were the de facto relationship of at least 12 months and a relationship registered under Victorian law. In TRAN (Migration) [2024] ARTA 224, the reported issues were that the couple had not been in a de facto relationship for 12 months before the application, the passage of time and the relationship now being registered, and limited evidence of joint finances. In Castillo (Migration) [2024] AATA 3700, the issues included the 12-month requirement, how the relationship began and developed, and the fact that the couple were now married. These decisions show that a de facto partner visa short relationship is not always fatal, but they also show that the problem must be identified and dealt with properly.

How the Department assesses a partner visa short relationship

The Department assesses a partner visa short relationship in the same way as any other relationship: by looking at the four aspects of the relationship set out in regulation 1.15A for spouses and regulation 1.09A for de facto partners. Those 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.

The difference is not the test. It is what the evidence can show. A couple who have lived together for five years can point to a long history in every aspect. A couple in a partner visa short relationship usually cannot. The decision maker must still consider all four aspects, and must weigh what exists against the length of time the couple have had to build it.

Duration is one factor, not a test

Under the nature of the commitment, the Regulations direct the decision maker to consider matters including the duration of the relationship, the length of time the couple have lived together, the degree of companionship and emotional support they draw from each other, and whether they see the relationship as long term. Duration is therefore a listed factor. It is not a threshold.

In practice, this means a partner visa short relationship is assessed in proportion. A decision maker should not expect a couple married for four months to produce the same volume of joint records as a couple married for four years. What the decision maker can expect is that the evidence that does exist is consistent, that it matches the timeline the couple describe, and that it shows the relationship moving in the direction of a shared life. The overall question remains whether there is a mutual commitment to a shared life to the exclusion of all others.

Why a short relationship draws closer questions

A partner visa short relationship tends to draw closer questions because the decision maker has less history to rely on. The concerns that commonly arise are practical. Did the couple know each other well enough to make this commitment? Was the relationship formed, or the marriage entered into, mainly to obtain a visa? Is the timing of the relationship connected to the applicant's visa expiring? Do both partners give the same account of how they met?

None of these questions is an accusation. They are the matters a careful decision maker must consider, and a well prepared partner visa short relationship application answers them before they are asked. Our guide to partner visa evidence and how to prove your relationship is genuine explains the general approach, and preparing evidence of a genuine relationship explains how to organise it.

Short relationships the law treats differently

Some short relationships are not a partner visa short relationship problem at all, because the couple are not yet married and do not meet the de facto rules. Where an Australian partner is engaged to someone overseas, the Subclass 300 Prospective Marriage visa may be the right pathway. The Department's policy confirms that a Subclass 300 applicant must have met the prospective spouse in person since turning 18 and the two must be known to each other personally. The holder then marries in Australia and applies onshore for the Subclass 820 and Subclass 801.

The Tribunal has considered short introductions in that context too. In Vang (Migration) [2021] AATA 764, a Subclass 300 matter, the reported issues were an intention to marry and live together as spouses, a marriage booking to be rescheduled, a short introduction period, and the applicants being known to each other personally. The case is a reminder that the law asks about the quality of the relationship, not only its age.

What the Tribunal has said about a partner visa short relationship

The Tribunal has remitted a number of matters in which the couple married within weeks or months of meeting. These decisions show that a partner visa short relationship is decided on the evidence of the relationship, not on how long the couple had known each other when they married. They also show the kind of evidence the Tribunal examines when the relationship is new.

The cases below are drawn from published Tribunal decisions in which the matter was remitted to the Department or the relevant criterion was found to be met. Each is described only by the issues it turned on. My Migration Lawyers was not involved in these cases.

Married two months after meeting

In Wang (Migration) [2024] ARTA 822, a Subclass 820 matter, the reported issues were a genuine and continuing relationship, a couple validly married two months after meeting, the financial, household and social aspects of the relationship and the nature of the commitment, and the couple's future plans. The decision is a clear illustration of the central point in this guide. A marriage two months after meeting is a partner visa short relationship by any measure, and the issue for the Tribunal was still the four aspects and the couple's plans, not the length of time itself.

Married days after meeting in person

In Saadie (Migration) [2024] ARTA 862, a Subclass 309 matter, the reported issues were an expedited hearing, a genuine and continuing relationship, and a couple validly married in the applicant's home country months after being introduced and days after meeting in person. Introduced relationships of this kind are common in many communities. The case shows that the Tribunal will look at the relationship as it actually developed, including the period of contact before the couple met in person.

Short but genuine

In 1931969 (Migration) [2023] AATA 2201, a Subclass 820 matter, the reported issues included a genuine relationship before the relationship ceased, a valid marriage, the four aspects of the relationship, and a "short but genuine relationship". The phrase is worth noting. A relationship can be short and genuine at the same time, and the law recognises that.

A short time together in person

In Mootoo (Migration) [2024] AATA 521, a Subclass 309 matter, the reported issues were a genuine and continuing relationship, a valid marriage in the applicant's home country, the sponsor's short stay there with no meeting in person since, and the nature of the commitment. Offshore couples often have very little time together in person before applying. The case shows that the nature of the commitment, including contact and support while apart, carries real weight in a partner visa short relationship of this kind.

What these cases have in common

Each of these decisions turned on the evidence of a genuine relationship across the four aspects, and on the couple's commitment and plans. None turned on the calendar alone. The lesson for a couple preparing a partner visa short relationship application is that the strength of the evidence, and the consistency of the account, matter more than the number of months. The lesson is not that every short relationship will succeed. Each of these matters reached the Tribunal because the first decision was a refusal, and review takes time and has its own costs. A refusal is far better avoided by preparing the application properly at the start. Our guides on why partner visas get refused and on why Subclass 820 partner visas are refused explain the common grounds.

Evidence for a partner visa short relationship: what to focus on

The best evidence in a partner visa short relationship is evidence that shows the relationship as it really is, with a clear and consistent explanation of the timeline. A couple who have been together a short time cannot manufacture a long history and should never try. What they can do is make sure that the evidence that genuinely exists is gathered, organised and explained, and that nothing relevant is left out.

Our partner visa document checklist and the 820 partner visa evidence checklist list the usual documents. The sections below focus on what changes when the relationship is short.

How the couple met and how the relationship developed

In a partner visa short relationship, the account of how the couple met and how the relationship progressed is often the most important part of the application. The decision maker needs to understand why the relationship moved at the pace it did. A short relationship is easier to accept when the reasons for the pace are explained and supported.

Useful evidence often includes:

• messages, call logs and video call records from the start of the relationship, selected to show its development rather than every message;
• evidence of how the couple were introduced, for example through family, friends, a community event, work or an online platform;
• travel records showing when they met in person and how often;
• evidence of family involvement, such as meetings between families or an engagement ceremony, where that is part of the couple's culture; and
• evidence of the events that led to the decision to marry or live together.

Cultural and religious context matters. In some communities, marriage after a short period of introduction is normal, and families are closely involved. Where that applies, explaining it honestly helps the decision maker understand the relationship. The explanation must be the couple's own, and it must be true.

Financial aspects in a new relationship

The financial aspects of a partner visa short relationship rarely look like those of a long marriage. The couple may have only recently opened a joint account or may still be in separate leases. That is normal. What matters is that the evidence shows money being shared in a way that fits the stage of the relationship.

Evidence can include a joint account that is actually used, transfers between the partners, payment of each other's expenses, a shared lease or a plan to sign one, nomination of each other as beneficiaries, and joint purchases. A joint account opened shortly before lodgement with no real transactions is weak evidence in any case, and in a partner visa short relationship it can draw attention rather than reassure. It is better to show genuine but modest financial sharing than to present a document that looks prepared for the visa.

The nature of the household

The nature of the household concerns living arrangements, the shared running of the home, and responsibility for any children. In a partner visa short relationship, the couple may have lived together only briefly, or may not yet be able to live together because one partner is overseas.

Where the couple live together, evidence includes documents at a shared address, correspondence to both partners there, and their own description of how the household works. Where they cannot yet live together, the law does not require them to have done so, but they must not be living separately and apart on a permanent basis. The evidence then needs to show the reason for the separation, regular contact, visits, and a clear plan to live together.

Social aspects and Form 888 statements

The social aspects ask whether the couple present themselves as a couple to others and are known as a couple by family, friends and the community. In a partner visa short relationship, this aspect can be strong even where the financial history is short, because family and friends often know about a new relationship quickly.

Form 888 supporting statements from Australian citizens or permanent residents who know the couple are particularly valuable. Form 888 is a supporting statement, not a statutory declaration. A good Form 888 statement in a short relationship explains how the witness knows the couple, when they learned of the relationship, and what they have personally observed. Our article on Form 888 example answers and common mistakes explains what makes these statements useful.

Other evidence includes photographs with family and friends, invitations addressed to both partners, wedding or engagement records, and evidence of joint travel or events.

The nature of the commitment and future plans

The nature of the commitment is where a partner visa short relationship is most closely examined, because duration is one of the listed factors. The answer is evidence of commitment that does not depend on time: knowledge of each other, emotional and practical support, and concrete plans for a shared future.

Concrete plans carry more weight than general statements. A signed lease, a plan to buy property, a decision about where to live, a shared approach to work and study, plans for children, and steps already taken toward those plans all speak to commitment. The Tribunal's reference to "future plans" in Wang (Migration) [2024] ARTA 822 shows how this aspect is examined when the relationship is new.

The relationship statement in a partner visa short relationship

There is one relationship statement, and in a partner visa short relationship it carries more weight than usual. It is the couple's own account of how they met, how the relationship developed, why it moved at the pace it did, how they live, and what they plan. The four aspects of the relationship are areas the statement and the documents address together. They are not separate statements.

A strong relationship statement in a short relationship case:

• gives a clear, dated timeline that matches every other document in the application;
• explains the pace of the relationship honestly, including cultural, family or practical reasons;
• describes specific events and details that only the couple would know;
• addresses periods apart and how contact was maintained; and
• states the couple's plans in concrete terms.

The statement must be the couple's own account. It is their evidence. A lawyer can review it, ask questions where it is unclear, and make sure it is presented in the form the law requires, but the content is theirs and they must read and correct it before it is signed. Our guide to the partner visa relationship statement explains what it should cover.

Consistency between both partners

Consistency is the single most important quality of the evidence in a partner visa short relationship. A long relationship can absorb small differences in recollection. A short one cannot, because every inconsistency stands out against a brief timeline.

The dates of meeting, engagement, marriage and moving in should be the same in the relationship statement, the application form, the sponsorship, any Form 888 statements and any earlier visa applications. Where a fact is uncertain, it is better to say so than to guess. Where an earlier visa application described the applicant's relationship status differently, the difference needs to be identified and explained before lodgement, because PIC 4020 allows refusal where false or misleading information has been given.

The Form 80 personal particulars form, where it is requested, also asks for detailed personal history. Its answers about addresses, travel and relationships must match the rest of the partner visa short relationship evidence.

When a relationship only looks short on paper

Not every relationship that looks short to the Department is actually short. Couples sometimes date the relationship from a marriage or a move-in date when in fact they had been in a committed relationship for much longer. Others had an earlier period together, separated and reunited.

Where the relationship began earlier than the formal milestone, the evidence should show the true start date and how the relationship developed. Where the couple were together earlier, separated and reconciled, the account should explain that honestly. For a de facto couple, the 12 months are counted from the start of the current de facto relationship, not from an earlier one, so a break in the relationship may affect whether the 12 months are met. Our article on what happens to a Subclass 820 application if the relationship breaks down explains the separate rules that apply when a relationship ends after lodgement.

Couples in New South Wales often start with our pages for partner visa lawyers in Sydney and partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers on the Gold Coast. The same rules for a partner visa short relationship apply in every state and territory, because they are set by Commonwealth law.

Should you marry, register or wait? Timing in a partner visa short relationship

The right time to lodge a partner visa short relationship application is when the couple meet the legal definition of a spouse or de facto partner and can show a genuine relationship with real evidence. Lodging too early is one of the most common causes of refusal in new relationships, and the visa application charge is generally not refunded if the application is refused or withdrawn. For the components of that charge, see our guide to how much a Subclass 820 partner visa costs.

There are usually four choices. Each one should be considered on its merits before any form is lodged.

Marrying before lodging

A couple who marry can apply as spouses, and the 12-month de facto requirement then has no application. This is a legitimate choice where the couple genuinely intend to marry. It is not a strategy to be used only to avoid the 12-month rule. A marriage entered into quickly, with nothing else to show a shared life, can make a partner visa short relationship application look weaker, not stronger, because the decision maker may ask why the couple married so soon. Couples should marry because they are committed to each other, and then present the evidence of that commitment honestly.

Registering the relationship

Registration under a prescribed state or territory law removes the 12-month requirement for a de facto couple. Not every state or territory has a relationship register, and the registers that exist have their own eligibility rules, such as residence in that state. Registration also takes time to complete, and the Department's policy indicates that evidence of an application to register is not enough on its own. Registration answers the time rule only. It does not prove the relationship is genuine, and a registered partner visa short relationship is still assessed across the four aspects.

Waiting until the relationship is longer

Waiting is sometimes the strongest option. Each month of living together adds real evidence: shared bills, a lease history, joint travel, and friends and family who know the couple. Where the applicant holds a visa that allows them to remain lawfully, and nothing else forces an early lodgement, a few more months can turn a thin partner visa short relationship application into a solid one. The risk of waiting is that the applicant's visa may expire, so waiting is only safe when the applicant's own visa position allows it.

Choosing the Subclass 300 pathway

For an engaged couple where the applicant is overseas, the Subclass 300 Prospective Marriage visa allows the applicant to travel to Australia, marry the sponsor, and then apply for the Subclass 820 and Subclass 801. This avoids lodging a spouse or de facto application before the relationship has had time to develop, while still requiring evidence that the relationship is genuine and that the couple have met in person.

Once a combined Subclass 820 and Subclass 801 application is lodged, the temporary and permanent stages are assessed at different times. Our guides on the difference between Subclass 820 and Subclass 801, how long the onshore partner visa takes and current Subclass 820 processing times explain why a partner visa short relationship continues to be examined at the permanent stage, when the couple will be expected to show how the relationship has grown.

Visa status and location in a partner visa short relationship

The applicant's visa status matters as much as the relationship in many partner visa short relationship matters. A new relationship often begins while the applicant is in Australia on a temporary visa, and the timing of the relationship can then collide with the expiry of that visa.

Before lodging, the couple should check:

• The applicant's current visa and its conditions. Some visitor and other temporary visas carry condition 8503, which generally prevents the holder from being granted most substantive visas while in Australia unless the condition is waived. Our article on applying for a Subclass 820 visa with a no further stay condition explains the issue, and our guide to moving from a tourist visa to a partner visa explains what visitors should check first.
• Whether the applicant holds a substantive visa. An applicant who does not hold a substantive visa when the Subclass 820 application is made must usually satisfy additional criteria in Schedule 3 to the Migration Regulations, or have them waived where there are compelling reasons. Our guides to the Schedule 3 criteria for partner visas and to the Schedule 3 partner visa waiver explain this, and our Schedule 3 waiver service page describes how we assist.
• Which bridging visa will follow lodgement. An applicant who lodges while holding a substantive visa will generally be considered for a bridging visa. Our guides to bridging visas in Australia, the Bridging Visa A and work rights while waiting for a Subclass 820 visa explain the position.

A partner visa short relationship is often examined with these timing questions in mind. Where the relationship began shortly before the applicant's visa was due to expire, the decision maker may ask whether the relationship was formed to remain in Australia. The answer is not to hide the timing. It is to explain the relationship truthfully and support it with evidence that shows a genuine commitment.

The sponsor's position

The sponsor must also be eligible to sponsor. Limits apply where the sponsor has sponsored another partner before, or was granted their own visa as a partner, within set periods, and there are further limits for sponsors with certain criminal convictions. These limits apply whatever the length of the relationship. Our article on when a sponsor cannot sponsor a partner visa and our sponsorship limitations page explain the rules.

After lodgement: keeping a partner visa short relationship application strong

A partner visa short relationship application should not stand still after lodgement. The relationship will keep developing, and the evidence of that development is often what persuades a decision maker that a new relationship is genuine.

Couples should keep adding evidence as it comes into existence: a new lease in joint names, joint bills, travel together, events with family and friends, and steps taken toward the plans described in the relationship statement. Most partner visa applications are made and managed online through ImmiAccount, and our guide on how to create an ImmiAccount explains the basics. Our guide to the 820 visa requirements and documents explains what is expected throughout processing.

Requests for more information

The Department may ask for more information under section 56 of the Migration Act. In a partner visa short relationship, a request often focuses on the start of the relationship, the pace of the decision to marry or live together, or the living arrangements. A careful response answers the actual question with evidence. Our article on responding to a section 56 request for more information explains the approach.

Natural justice letters

Where the Department holds adverse information that would be a reason, or part of a reason, for refusal, it will generally invite the applicant to comment under section 57. In a partner visa short relationship, the information may be an inconsistency between earlier and later accounts, or a statement from a third party. Our guide to responding to a section 57 natural justice letter for a partner visa explains why the response should be prepared with care.

Changes in circumstances

If the couple's circumstances change, for example a change of address, a pregnancy or the birth of a child, the Department must be told. Our article on Form 1022 notification of a change of circumstances explains when to lodge it. If the relationship ends before a decision is made, the general rule is that the visa cannot be granted, although special provisions apply in limited cases, including where the applicant has suffered family violence committed by the sponsor. Our family violence partner visa lawyers page explains those provisions.

What if a partner visa short relationship application is refused?

A refused partner visa short relationship application is usually refused because the decision maker was not satisfied that the relationship was genuine and continuing, or because a de facto couple did not meet the 12-month requirement or an exception. Either way, the decision can often be reviewed. Most onshore partner visa refusals, and many offshore refusals where the sponsor seeks review, can be reviewed by the Administrative Review Tribunal. The time limit to apply for review is short and strictly applied, so the refusal letter should be read immediately and advice obtained without delay.

On review, the Tribunal considers the matter afresh and can take into account evidence of how the relationship has developed since the original decision. That matters in a partner visa short relationship, because time that has passed since the refusal can add real evidence. The database of reported remittals includes several matters that turned on the issues discussed in this guide:

• In Tran (Migration) [2022] AATA 5232, a Subclass 820 matter, the reported issues were a genuine spousal relationship, the speed of development of the relationship, the nature of the household and the social aspects.
• In Tran (Migration) [2023] AATA 3870, a Subclass 820 matter, the reported issues were a genuine and continuing relationship, a valid marriage, the four aspects of the relationship, and limited evidence at the time of application.
• In TRAN (Migration) [2022] AATA 3275, a Subclass 820 matter, the reported issues included the four aspects of the relationship and the nature of the commitment, and the age and duration of the relationship.
• In Agostin (Migration) [2019] AATA 1108, a Subclass 820 matter, the reported issues were a de facto relationship that fell short by two months of the 12-month requirement, and the de facto definition.

These matters were remitted, but each one began with a refusal. They show what the Tribunal examines. They do not show that a refusal will be overturned in any particular case. Our pages on partner visa refusals and visa refusals generally explain how we assist, and our guides to partner visa appeal options after a refusal, what to expect at an ART review and when you need a visa appeal lawyer cover the process. Some applicants consider a fresh application instead, and our article on applying for a partner visa after a visa refusal explains the limits that can apply. Where the Tribunal itself makes a legal error, judicial review in the courts may be available, but it is confined to errors of law.

Common mistakes in a partner visa short relationship application

The mistakes that most often damage a partner visa short relationship application are avoidable. They include:

• applying as de facto partners before the 12 months have passed, without a registered relationship or another exception;
• assuming that marriage alone will be enough, and lodging with little evidence of a shared life;
• giving dates in the relationship statement that do not match the application form, Form 888 statements or earlier visa applications;
• opening a joint account or adding a name to a lease shortly before lodgement, with no real use, and presenting it as strong evidence;
• leaving the reasons for the pace of the relationship unexplained;
• failing to explain the timing of the relationship against the applicant's visa expiry;
• overlooking condition 8503, Schedule 3 or sponsorship limitations; and
• providing a relationship statement written in someone else's words rather than the couple's own.

Each of these mistakes makes a decision maker less confident in a relationship that has little history to fall back on. A partner visa short relationship needs the application to be accurate, consistent and complete from the first day.

How My Migration Lawyers helps with a partner visa short relationship

My Migration Lawyers regularly acts for couples whose relationship is new, fast moving or introduced, and we are well placed to handle the more complex partner visa short relationship matters, including those that also involve visa expiry, condition 8503, Schedule 3 or a previous refusal. Our work is led by Weiwei Zhang, Principal Lawyer, and you can read more about My Migration Lawyers and our partner visa lawyers.

In a partner visa short relationship matter, we:

• confirm whether the couple meet the definition of a spouse or a de facto partner, and whether the 12-month requirement or an exception applies;
• advise on timing, including whether to lodge now, register the relationship, wait, or consider the Subclass 300 pathway;
• check the applicant's visa status, conditions and location, and the sponsor's eligibility, before anything is lodged;
• review the evidence the couple hold across the four aspects and identify gaps that genuine evidence can fill;
• review the couple's relationship statement for clarity and consistency with every other document, while the account remains their own;
• prepare the application and the legal submissions in the form the law requires; and
• respond to section 56 requests and section 57 letters, and act on review at the Tribunal where a refusal has already occurred.

Many couples first ask whether they need a lawyer at all. Our guides on when you need an immigration lawyer for a partner visa, using a partner visa lawyer or doing it yourself and how to choose the best partner visa lawyer in Australia set out the considerations. If you have already lodged, our articles on hiring a lawyer after lodging your own application and getting a second opinion explain how we can review the file.

My Migration Lawyers acts for couples across Australia, including those who come to us through our pages for partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers in Canberra and partner visa lawyers in Hobart. Consultations are by video, so the location of the couple does not limit the help we can give.

If your relationship is new and you are unsure whether to apply now, a short consultation can identify the risks before the visa charge is paid. A partner visa short relationship can succeed, but it needs to be prepared properly. Book a consultation with My Migration Lawyers, or call 1300 040 300.