Partner visas are most often refused because the officer was not satisfied the relationship is genuine and continuing (clause 820.211 or 309.211), or because an onshore applicant who did not hold a substantive visa failed the Schedule 3 criteria and no compelling reasons were accepted. For onshore refusals the applicant applies to the ART; for offshore (309/100) refusals the Australian sponsor usually applies. Partner reviews are currently the slowest ART category — half take over 3 years — so the evidence lodged early matters most.
1. Genuine and continuing relationship
Decision-makers assess the relationship across four aspects set out in regulation 1.15A (de facto) and the married-partner definition:
| Aspect | What officers look for | Frequent weaknesses |
|---|---|---|
| Financial | Joint accounts, shared liabilities, pooled resources over time | Joint account opened days before lodgement; no shared bills |
| Household | Living together, shared responsibilities, both names on lease/utilities | Lease in one name; periods apart not explained |
| Social | Joint invitations, travel, friends and family who know you as a couple | Statutory declarations that all say the same thing; no photos across time |
| Commitment | Knowledge of each other’s lives, plans, duration, exclusivity | Inconsistent answers at interview; short relationship before lodgement |
De facto applicants must also show 12 months of the relationship before lodgement unless it is registered or compelling circumstances apply.
2. Schedule 3 (onshore applicants without a substantive visa)
If you applied for the 820 visa while holding only a bridging visa or no visa, you must meet Schedule 3 criteria 3001, 3003 and 3004 — including lodging within 28 days of your last substantive visa ceasing — unless the officer is satisfied there are compelling reasons not to apply them. Refusals on this ground are common and technical. Our Schedule 3 waiver guide explains what “compelling reasons” has meant in Tribunal decisions.
3. Sponsorship limitations
A sponsor generally cannot sponsor more than two partners in a lifetime, cannot sponsor again within 5 years of a previous partner sponsorship, and cannot sponsor within 5 years of being sponsored as a partner themselves, unless compelling circumstances exist. Sponsors with certain criminal convictions may be barred from sponsoring. These issues are frequently overlooked before lodgement.
4. Health, character and PIC 4020
Health (PIC 4005/4007) and character (PIC 4001) refusals require specific responses — a health waiver where available, or a detailed character submission. A finding under PIC 4020 for false information can be sought to be waived on compelling or compassionate grounds affecting an Australian citizen or permanent resident.
Partner visa refused? Whether you or your sponsor must apply, and how many days you have, depends on where you were when the decision was made. Tell us and we will check the letter with you.
Speak to a migration ART expert · Call 1300 770 585 (first 15-minute call is free).
Who appeals, and when
- Onshore 820/801 refusal: the applicant applies to the ART within the period stated in the letter (commonly 21 or 28 days).
- Offshore 309/100 refusal: the applicant is outside Australia and usually cannot apply; the Australian sponsor lodges the review, often within 70 days. Check the letter — the number is printed there.
- Processing: for partner cases finalised between 1 March and 31 August 2026, 50% were finalised within 3 years 2 months and 95% within 3 years 11 months. The relationship must be shown to be continuing at the time of the Tribunal’s decision, so evidence must be kept up throughout.
Read the full partner visa refusal appeal guide.
Frequently asked questions
What evidence proves a genuine relationship?
Evidence spread across the four aspects and across time: joint finances, shared address documents, social recognition (photos, invitations, statements from people who know you) and evidence of commitment such as plans, knowledge of each other and communication during any time apart.
Can I apply for a partner visa onshore if my visa has expired?
Yes, but Schedule 3 applies. You would need to lodge within 28 days of your substantive visa ceasing or persuade the decision-maker there are compelling reasons not to apply Schedule 3.
Who appeals a 309 refusal — me or my sponsor?
Normally your Australian sponsor lodges the ART application from Australia. The time limit is stated in the decision letter.
Can I stay in Australia during a partner visa review?
Onshore applicants who held a bridging visa usually keep it while the review is pending. Because partner reviews often take more than 3 years, check work and travel conditions carefully.
Does a partner visa refusal affect my sponsor?
The refusal itself does not, but the sponsorship limitation rules — two sponsorships in a lifetime and the 5-year rules — count approved sponsorships, so a refusal may not prevent a future sponsorship in the same way an approval would.
Sources
- Migration Regulations 1994 — reg 1.15A, reg 1.20J, Schedule 2 cl 820.211/309.211, Schedule 3
- Department of Home Affairs — Partner visa (subclass 820/801) eligibility
- ART — Processing times (partner category)
HECT Migration & Appeal Experts is a registered migration agency; our agents are regulated by the Office of the Migration Agents Registration Authority (OMARA). We are not a law firm and do not provide legal advice.
