Avoiding Refusal
Common Partner Visa Refusal Reasons
This page lists the requirements that partner visa refusals commonly turn on, so you can check your application against each one. It cannot predict the outcome of any application. All information sourced from immi.homeaffairs.gov.au and published Administrative Review Tribunal (ART) and former 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.
Not Meeting the 12-Month De Facto Requirement
CommonDe facto partners usually need to have been in a de facto relationship for at least 12 months immediately before applying. Home Affairs lists exceptions, including a relationship registered with an Australian state or territory authority and compelling and compassionate circumstances.
Why Applications Are Refused
- ✗ The de facto relationship is under 12 months and no exception applies
- ✗ 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
If your state or territory offers relationship registration, Home Affairs says the 12-month requirement does not apply to a registered relationship. If you cannot register, check the other exceptions Home Affairs lists, such as compelling and compassionate circumstances.
Identity and Document Issues
CommonProblems with identity documents, unreadable scans, or missing translations trigger requests for further information and, if unresolved, refusal.
Why Applications Are Refused
- ✗ Documents not in English are submitted without an English translation that meets Home Affairs rules
- ✗ Passport, birth or marriage certificate scans are unclear or missing pages
- ✗ 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
Home Affairs says you do not need to have documents certified; scan or photograph them clearly in colour. Documents not in English need an English translation — translators in Australia must be NAATI-accredited, and translators outside Australia must add their name, contact details and qualifications. 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 registered migration 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
- ✗ The online sponsorship application 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 when applying (in Australia for 820; outside Australia for 309 and 300)
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 when you apply — in Australia for 820, outside Australia 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 migration 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 →