What Happens If the Department Suspects a Sham Marriage?

What makes the Department suspect a sham marriage?

The Department suspects a sham marriage when the evidence does not show a real shared life, or when information points the other way. Common triggers include a marriage soon after meeting, a marriage while the applicant faced a visa expiry or refusal, little evidence of living together, inconsistent answers between the partners, a tip-off from a former partner or family member, and earlier visa applications that do not match the relationship history. None of these proves a sham marriage on its own. Our article on partner visa non-genuine relationship refusals explains how case officers weigh these factors.

How does the Department test whether a marriage is genuine?

The Department tests whether a marriage is genuine by assessing four aspects of the relationship: its financial aspects, the nature of the household, its social aspects and the nature of the commitment. A valid marriage certificate shows that the marriage took place, but it does not prove that the relationship is genuine and continuing. The Department may request further documents under section 56, contact people who know the couple, or invite both partners to an interview. Our guide to the partner visa four pillars sets out the evidence for each aspect, and our article on partner visa interview questions explains what couples are commonly asked.

What should we do if we receive a section 57 letter about our marriage?

A couple who receives a section 57 letter about their marriage should treat it as the last clear chance to answer the Department's concerns before a decision. The letter sets out the adverse information and gives a short deadline that is strictly applied. A strong response answers each concern directly, explains any inconsistency honestly and supplies independent evidence of the shared life. Our article on the section 57 natural justice letter explains how to structure the reply.

Can a sham marriage suspicion lead to more than a refusal?

A sham marriage suspicion can lead to more than a refusal where the Department finds that false information or a bogus document was given. A refusal under PIC 4020 can affect future visa applications for a period, and arranging a marriage to help someone obtain a visa to stay in Australia is an offence under section 240 of the Migration Act. A visa obtained on the basis of false information can also be cancelled after grant. Our article on partner visa PIC 4020 issues explains the integrity criterion in more detail.

What can we do if the partner visa is refused as a sham marriage?

A partner visa refused because the Department was not satisfied the marriage is genuine can usually be reviewed by the Administrative Review Tribunal, which looks at the whole case again and can consider new evidence. The deadline to apply for review is short and strictly applied. Our article on partner visa appeal versus reapplication explains how to choose between review and a fresh application.

How does My Migration Lawyers respond when the Department doubts a marriage?

My Migration Lawyers starts with the Department's concern itself, identifying exactly which facts led the case officer to doubt the marriage and which of those facts can be explained or corrected. The firm then rebuilds the evidence around the four aspects of the relationship, prepares both partners for any interview and drafts the written response to the section 56 request or section 57 letter. Where a refusal has already been made, the firm prepares the Tribunal case through its partner visa refusals practice. Couples can also read about our partner visa lawyers and how the firm works.