Can Missing Relationship Evidence Make My Application Invalid?

What is the difference between an invalid application and a weak one?

An invalid partner visa application is one the law treats as never made, while a weak application is valid but at risk of refusal. Invalidity comes from failing a Schedule 1 requirement, such as using the wrong form, lodging from the wrong place or not paying the charge. A weak application meets those requirements but lacks the evidence needed to satisfy the Schedule 2 criteria. The distinction matters because a valid application gives the applicant a bridging visa where eligible and a right of review if it is refused.

Can missing relationship evidence lead to refusal?

Missing relationship evidence can lead to refusal, because the Department decides the application on the information before it. The Department assesses four aspects of the relationship: its financial aspects, the nature of the household, its social aspects and the nature of the commitment. Gaps in several aspects at once are a common reason for a finding that the relationship is not genuine. Our article on non-genuine relationship refusals explains how these findings are made, and our guide to the partner visa four pillars covers each aspect.

Will the Department ask me for more relationship evidence?

The Department may ask for more relationship evidence under section 56 of the Migration Act, but it is not obliged to. Many applicants assume they will be given a chance to fill gaps before a decision, and that assumption is risky. Where the Department does send a request, the deadline is short and strictly applied. Our article on the partner visa section 56 request explains how to respond.

Can I add relationship evidence after lodging?

An applicant can add relationship evidence after lodging by uploading it to the application in ImmiAccount at any time before a decision is made. Evidence of a continuing relationship, such as joint leases, shared accounts, Form 888 statements and travel together, can be added as it builds up. Applicants who have little evidence for genuine reasons, such as cultural practices or a period living apart, should explain those reasons in the relationship statement. Our article on limited relationship evidence gives practical examples.

When can a relationship issue affect validity?

A relationship issue can affect validity where it means the applicant does not meet a Schedule 1 requirement for the subclass, rather than a Schedule 2 criterion. Most relationship questions, including the de facto 12-month requirement, are criteria that the Department assesses when it decides the application, even where they look back to the date of lodgement. Because the line between validity and criteria depends on the subclass and the facts, an application with an unusual relationship history should be checked before lodgement. Our article on the de facto partner visa explains the 12-month requirement and its exceptions.

How does My Migration Lawyers strengthen an application with thin evidence?

My Migration Lawyers reviews the lodged application against each of the four aspects, identifies exactly where the evidence is thin, and builds a plan to fill those gaps with documents the couple can realistically obtain. The firm drafts or refines the relationship statement so it explains any genuine reason for limited evidence, and uploads the new material before the Department reaches a decision. Couples can ask our partner visa lawyers to review an application at any stage.