Can I Use Social Media as Evidence for a Partner Visa?
Key points
- The social aspects of the relationship are one of four aspects the Department assesses under regulations 1.09A(3) and 1.15A(3).
- Documents and screenshots not in English must be accompanied by an English translation.
- Information on social media that conflicts with the application can be relied on as adverse information, and section 57 of the Migration Act may require the Department to invite comment on it.
Does social media count as evidence for a partner visa?
Social media counts as evidence for a partner visa when it shows how the couple presents itself to friends, family and the public. A relationship status, shared photos, tagged posts and comments from family can all show that the relationship is known and accepted. Social media is usually treated as supporting evidence within the social aspects of the relationship. Our guide to partner visa photo evidence explains how images are best presented.
How should social media evidence be presented?
Social media evidence should be presented as a short, selected set of screenshots that show the date, the platform and the names of the people involved, arranged in date order across the relationship. Captions explaining who appears and the occasion help the case officer. Uploading hundreds of screenshots adds little and can hide the useful ones. Our article on how much evidence is enough explains how to choose.
What if we do not post about our relationship on social media?
A couple who do not post about their relationship on social media are not disadvantaged as long as the social aspects are shown in other ways. Many people keep their lives private, and some couples cannot be open because of family, cultural or safety reasons. Invitations, joint memberships, statements from friends and photos with family all show the social side. Our article on a secret relationship explains how undisclosed relationships are presented.
Can the Department look at our social media?
The Department can look at publicly available social media when assessing a partner visa, and information found there can raise questions about the relationship. Posts suggesting another relationship, a different address or a different relationship timeline can conflict with the application. Where such information would be part of the reason for refusal, the Department may need to invite comment on it under section 57. Our article on section 57 adverse information examples covers the common situations.
Should we delete old posts before applying for a partner visa?
Deleting old posts before applying for a partner visa does not remove an inconsistency and can look like an attempt to hide information if the Department has already seen the material. Where an old post could be misread, for example a photo with a former partner or a post about living elsewhere, the better approach is to explain it accurately in the application. An honest explanation lodged early is far easier to defend than a contradiction discovered later.
Are private messages better than public posts?
Private messages are often more persuasive than public posts because they show the day-to-day communication of the relationship, especially during periods apart. A small sample of messages across the relationship, with translations where needed, can show continuity. Couples should select extracts rather than lodge entire chat histories. Our guide to partner visa evidence translation explains what must be translated.
How does My Migration Lawyers use social media evidence in a partner visa?
My Migration Lawyers uses social media evidence in a partner visa by reviewing what the couple has posted, choosing the material that fills gaps in the social aspects and checking the couple's public profiles for anything that contradicts the application before the Department finds it. The firm then presents the selected material with clear dates and explanations alongside stronger documents. Couples can speak with our partner visa lawyers about their evidence.
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