Why Was My Spouse Visa Refused Even Though We Are Married?

Is a marriage certificate enough for a spouse visa?

A marriage certificate is not enough for a spouse visa, because section 5F of the Migration Act requires more than a valid marriage. The couple must also have a mutual commitment to a shared life as spouses to the exclusion of all others, a genuine and continuing relationship, and live together or not live apart on a permanent basis. The Department tests these elements against evidence across the four aspects of the relationship. Our guide to the partner visa four pillars explains each aspect. The Department must consider all four aspects together, so a strong marriage certificate cannot make up for little evidence of a shared household, shared finances or a shared social life. Couples who rely mainly on the wedding itself, including wedding photographs and the certificate, are among those most often asked for more evidence or refused.

Why would the Department doubt a genuine marriage?

The Department doubts a genuine marriage when the evidence is thin, inconsistent or suggests the marriage was entered into mainly for a visa. Common concerns include marrying soon after meeting, little time spent together, separate finances with no explanation, conflicting accounts of the relationship history, and a marriage that followed a visa refusal or cancellation. Our article on a non-genuine relationship refusal explains how these findings are made and answered.

Can an overseas or religious marriage be the reason for refusal?

An overseas or religious marriage can be the reason for refusal if it is not recognised as valid under Australian law, for example where a previous marriage had not been ended or the ceremony did not meet the legal requirements of the country where it took place. In some cases the couple can still rely on a de facto relationship instead. Our article on an overseas marriage not recognised explains how this works.

Can a married applicant be refused for reasons unrelated to the marriage?

A married applicant can be refused for reasons unrelated to the marriage, because a spouse visa has many criteria beyond the relationship. An onshore applicant without a substantive visa must meet the Schedule 3 criteria, and every applicant must meet health, character and integrity requirements. Our article on a Schedule 3 refusal explains one of the most common non-relationship grounds.

What evidence helps a married couple after a refusal?

The evidence that helps a married couple after a refusal is evidence that answers the specific findings in the refusal letter. That may include joint financial records, a lease or mortgage in both names, statements from people who know the couple, evidence of time spent together and a detailed account of how the relationship developed. Our article on ART evidence for a partner visa explains how evidence is presented at review, and our article on conflicting statements explains how inconsistencies are dealt with.

How does My Migration Lawyers respond when a married couple's visa is refused?

My Migration Lawyers starts by identifying whether the refusal turned on the genuineness of the marriage, the validity of the marriage or a criterion unrelated to the relationship, because each needs a different response. The firm then prepares the review or new application around that finding and the couple's current evidence. Couples can read about our partner visa refusals work and our Subclass 820 visa page.