Avoiding Refusal
Common Partner Visa Refusal Reasons
Partner visa refusals are almost always preventable. Understanding the most common reasons applications are refused — and how to address them — can make the difference between success and a costly, stressful refusal. All information sourced from immi.homeaffairs.gov.au and published Administrative Appeals Tribunal (AAT) decisions.
Insufficient Relationship Evidence
Most CommonThe Department is not satisfied that the relationship is genuine and continuing. This is the single most frequent reason for partner visa refusal.
Why Applications Are Refused
- ✗ Evidence submitted is too thin — a few photos and a marriage certificate are not enough
- ✗ Evidence does not cover all four pillars (financial, household, social, commitment)
- ✗ Statements from partners are generic, templated, or inconsistent with each other
- ✗ Evidence is concentrated around the application date — it looks "manufactured" rather than collected naturally over time
- ✗ Case officer identifies inconsistencies between the evidence submitted and other available information
How to Prevent It
Submit balanced evidence across all four pillars spanning the full length of your relationship. Relationship statements should be personal, specific, and in your own voice. Start collecting evidence early — from the moment you begin living together or combining your lives. If you have gaps in a pillar, explain why honestly.
Failure to Meet the 12-Month Cohabitation Requirement
CommonDe facto partners must demonstrate 12 months of continuous cohabitation (or register their relationship with an Australian state registry). Applications that fall short without a valid exemption are refused.
Why Applications Are Refused
- ✗ Partners have not lived together for 12 months and do not have a registered relationship
- ✗ Evidence of cohabitation is insufficient or contradictory (different addresses on documents)
- ✗ Periods of separation are not adequately explained
- ✗ The claimed cohabitation period cannot be verified through independent evidence
How to Prevent It
Register your relationship with an Australian state registry (NSW, VIC, QLD, ACT, TAS, SA all offer relationship registration). Registration waives the 12-month requirement. If you cannot register, provide a compelling written explanation of why you have not lived together for 12 months — legitimate reasons include visa restrictions, work commitments in different locations, or cultural/religious considerations.
Identity and Document Issues
CommonProblems with identity documents, uncertified copies, or missing translations trigger requests for further information and, if unresolved, refusal.
Why Applications Are Refused
- ✗ Documents not in English are submitted without NAATI-certified translations
- ✗ Passports, birth certificates, or marriage certificates are uncertified copies
- ✗ Names on documents are inconsistent (different spellings, name changes not explained)
- ✗ Previous visa applications show different personal details that are not reconciled
How to Prevent It
Ensure all documents are certified true copies. All non-English documents must have NAATI-accredited English translations. If your name has changed, provide evidence of the name change (marriage certificate, deed poll, etc.) and ensure your application explains any inconsistencies.
Character Grounds
SeriousThe applicant or sponsor fails the character test under section 501 of the Migration Act. This includes substantial criminal records, associations with criminal organisations, or past conduct that poses a risk to the Australian community.
Why Applications Are Refused
- ✗ Substantial criminal record (sentenced to 12+ months imprisonment)
- ✗ Past involvement with people-smuggling or serious international crimes
- ✗ Ongoing association with criminal organisations
- ✗ Past conduct indicating the person is not of good character
- ✗ Failure to disclose relevant criminal history
How to Prevent It
Full and honest disclosure is essential. Obtain police clearance certificates from every country you have lived in for 12 months or more in the last 10 years. If you have character concerns, seek professional advice from a MARA-registered agent or immigration lawyer before lodging — character-related refusals are difficult to overturn on review.
Health Requirements Not Met
Less Common but CriticalThe applicant has a health condition that is considered a risk to public health or would result in significant cost to the Australian healthcare system.
Why Applications Are Refused
- ✗ Active tuberculosis or other communicable diseases of public health significance
- ✗ Medical condition likely to result in significant healthcare or community service costs
- ✗ Failure to complete required health examinations
How to Prevent It
Complete all required health examinations promptly through Bupa Medical Visa Services (the Department's contracted provider). If you have a health condition, obtain medical reports from your treating doctor describing your condition, treatment, and prognosis. Some health conditions can be addressed through a health waiver — discuss with a migration agent.
Sponsorship Limitations
SituationalThe sponsor does not meet the sponsorship requirements, is subject to a sponsorship bar, or has previously sponsored more than the permitted number of partners.
Why Applications Are Refused
- ✗ Sponsor has previously sponsored 2 or more partners for partner visas (lifetime limit)
- ✗ Sponsor was themselves sponsored for a partner visa within the last 5 years
- ✗ Sponsor has a relevant criminal record involving violence, child offences, or family violence
- ✗ Sponsorship application (Form 40SP) is incomplete or inaccurate
How to Prevent It
Before lodging, verify the sponsor's eligibility — check previous sponsorship history and any bars that apply. If the sponsor has a relevant criminal record, the application will undergo extra scrutiny. In some cases, the sponsorship may be refused even if the relationship is genuine.
Procedural & Application Errors
PreventableAdministrative errors in the application — incorrect forms, missing signatures, fee payment failures, or missed deadlines — that result in refusal or the application being invalid from the outset.
Why Applications Are Refused
- ✗ Wrong application form used for the subclass applied for
- ✗ Application fee not paid or payment fails
- ✗ Required declarations not signed by both partners
- ✗ Deadline for providing requested information missed
- ✗ Applicant not in the required location (on/offshore) at time of application or decision
How to Prevent It
Double-check every form before submission. Pay the application fee carefully and keep the receipt. Set calendar reminders for all deadlines. Confirm you are in the correct location — onshore for 820, offshore for 309 and 300. Use ImmiAccount to track your application status and any messages from the Department.
What to Do If Your Visa Is Refused
1. Read the Decision Record Carefully. The Department provides a written decision explaining exactly why the visa was refused. Identify which criterion was not met and why.
2. Note the Review Deadline. Most partner visa refusals can be reviewed by the Administrative Review Tribunal (ART, previously AAT). Strict time limits apply — typically 28 days from the date you are notified of the decision. Missing this deadline means losing your right to review.
3. Get Professional Help Immediately. A registered MARA agent or immigration lawyer can assess whether the refusal was correct and advise on your options — review, reapplication, or an alternative visa pathway. Do not attempt a review application without professional advice for partner visa refusals.
4. Do Not Overstay. If your refusal means your current visa has ceased and you have no bridging visa, you may become unlawful. Seek urgent advice about your visa status.
5. Consider Whether a New Application Is Better. In some cases — particularly where the refusal was due to insufficient evidence rather than an ineligible relationship — lodging a new, stronger application may be faster than waiting for a review outcome.
This is general information only. If your visa has been refused, seek professional advice immediately.
Building a Strong Application?
Use our evidence preparation guide to submit a complete, well-documented application and avoid the most common refusal reasons.
Evidence Preparation Guide →