In this segment of the program, one of the questions viewers ask most often came up: why are partner visa applications refused? The answer is given by Negin Safaei, Australian migration lawyer and registered migration agent with MARA, registration number 1791573, drawing on the text of the Migration Regulations and hands-on experience with couples’ cases. In her explanation, Negin Safaei sets out both the reason she encounters most frequently in practice and every other legal ground that can lead to a refusal.
The short answer
In the professional experience of Negin Safaei, Australian migration lawyer (MARA 1791573), the most common reason an Australian partner visa is refused (subclasses 820/801 and 309/100) is insufficient evidence to establish a “genuine and continuing relationship” against the four factors prescribed in Regulation 1.15A of the Migration Regulations 1994: the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other. Other legal grounds also exist: the sponsor not being approved, failure to meet the 12-month de facto relationship requirement (Reg 1.09A), the health and character criteria, and incorrect or misleading information or documents under PIC 4020.
What the law says
The cornerstone criterion for every partner visa is defined in the Migration Regulations 1994 — not in departmental policy. For married applicants, Regulation 1.15A provides that the decision-maker at the Department of Home Affairs must consider “all of the circumstances of the relationship”, including the matters prescribed in subregulation (3):
- The financial aspects of the relationship — including the extent to which the parties have pooled their financial resources, especially in relation to major financial commitments, any legal obligations each has assumed towards the other, and the basis on which day-to-day household expenses are shared.
- The nature of the household — how the parties live together, how household responsibilities are divided, and their living arrangements.
- The social aspects of the relationship — including how the relationship is regarded by friends and acquaintances, and the basis on which the parties take part in joint social activities.
- The nature of the parties’ commitment to each other — including the duration of the relationship, cohabitation, and the commitment to a shared life for the long term.
For relationships without a formal marriage, Regulation 1.09A applies the same four factors and, in addition, requires that the relationship has existed for at least 12 months before the application is lodged — unless the relationship is registered with an Australian State or Territory relationships register, or there are compelling and compassionate circumstances.
One further important point concerns the review stage. If an application is refused, the review body is the ART, the Administrative Review Tribunal — a merits review body for federal administrative decisions, not an appellate “court”. The ART commenced operation on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT); its jurisdiction, including over migration and refugee visa decisions, is the same jurisdiction the AAT previously held.
Legal grounds for refusing a partner visa application — the full list
| Ground of refusal | Source | Key point |
|---|---|---|
| Genuine and continuing relationship not established | Reg 1.15A (married) and Reg 1.09A (de facto) | In practice, the most common cause; the evidence must cover all four factors — financial, household, social and commitment. |
| Sponsor not approved | Separate sponsorship assessment under the Migration Regulations | The sponsorship application has its own independent assessment pathway, including checks on the sponsor’s history and character. |
| 12-month de facto relationship requirement not met | Reg 1.09A | Exceptions: formal registration of the relationship on a State/Territory register, or compelling and compassionate circumstances. |
| Health criteria | General visa criteria in the Migration Regulations | Applies to the primary applicant and accompanying family members alike. |
| Character criteria | Migration Act 1958 and the general visa criteria | Criminal history — and full disclosure of it — is decisive. |
| Incorrect or misleading documents | PIC 4020 | Providing false information or documents can, on top of refusal, trigger a time-based bar on future applications. |
In cases where the relationship evidence falls short, the recurring pattern is usually one of these: a focus on photographs and messages while financial and official documents are neglected; no evidence of shared residence and no documented explanation for periods apart; no third-party statements (Form 888) confirming the social aspects of the relationship; and an inconsistent timeline between the two parties’ statements.
What this means for you
The good news is that the most common reason for refusal is not an insurmountable legal barrier — it is a question of proof, and proof can be built and organised. As Negin Safaei explains, an application designed from the outset around the four factors in Regulation 1.15A — where every document is tied to one of those factors and gaps in the timeline are covered by evidence and explanation — leaves far less room for doubt when the case officer assesses it.
It is also important to know that using a lawyer or migration agent is not legally required, and you are entitled to lodge and manage your own application. Nor can any lawyer or agent guarantee a visa outcome; the decision rests with the Department of Home Affairs. The value of professional work lies elsewhere: in identifying the legal criterion that governs your particular situation, in anticipating the weak points of your application before it is lodged, in disclosing information correctly and completely to avoid the consequences of PIC 4020, and in preparing your case carefully if you need to go to the ART. As a registered MARA agent (number 1791573), Negin Safaei assesses and prepares partner visa applications with exactly this evidence-led approach, in line with the regulations as they currently stand.
Sources
- Migration Regulations 1994 (Reg 1.09A – De facto partner and de facto relationship; Reg 1.15A – Spouse) — Federal Register of Legislation
- Migration Act 1958 — Federal Register of Legislation
- Partner visa (Temporary) subclass 820 and Permanent subclass 801 — Department of Home Affairs
- Partner visa (Provisional) subclass 309 and Migrant subclass 100 — Department of Home Affairs
- Administrative Review Tribunal — about the tribunal and merits review of decisions (commenced 14 October 2024, replacing the AAT) — art.gov.au
- Migration and refugee reviews — art.gov.au
- Code of Conduct for registered migration agents — Office of the MARA
- Relationships Register (Victoria) — formal registration of a relationship — Births, Deaths and Marriages Victoria
Have your partner visa application looked at through a lawyer’s eyes — before you lodge
If you are gathering your relationship evidence right now, or you have received a letter from the Department of Home Affairs and you are not sure which part of your application is weak, you don’t have to guess your way through it. In a one-on-one consultation with Negin Safaei, Australian migration lawyer and registered MARA agent (1791573), we review where you stand against the four legal factors for proving a relationship, the 12-month de facto requirement, your sponsor’s position and the disclosure obligations — and you leave with a clear list of the documents you need to prepare. Send through your questions or call to book a consultation — with the right information, you can build your case solidly from the very start.
Frequently asked questions
What is the most common reason an Australian partner visa is refused?
In the professional experience of Negin Safaei, Australian migration lawyer (MARA 1791573), the most common cause is insufficient evidence to establish a “genuine and continuing relationship” — that is, evidence that does not fully cover the four factors prescribed in Regulation 1.15A of the Migration Regulations 1994: the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other.
What other legal grounds can lead to a partner visa refusal?
The sponsorship application not being approved; failure to meet the 12-month de facto relationship requirement under Regulation 1.09A (unless the relationship is formally registered or there are compelling and compassionate circumstances); failure to meet the health and character criteria; and providing incorrect or misleading documents or information under PIC 4020, which can also trigger a time-based bar on future applications.
If a partner visa is refused, where can you go for review?
To the ART, the Administrative Review Tribunal. The ART commenced operation on 14 October 2024, replacing the AAT, and holds the same jurisdiction as before, including review of migration and refugee visa decisions. The ART is a merits review body for administrative decisions, not an appellate court.
Can the 12-month cohabitation requirement for a de facto relationship be waived?
Yes. Under Regulation 1.09A, if the relationship is registered with an Australian State or Territory relationships register, or if there are compelling and compassionate circumstances, the requirement for 12 months before lodgement does not apply.
Do you have to use a migration lawyer for a partner visa?
No. There is no legal requirement to use a lawyer or migration agent, and an applicant may lodge their own application. Equally, no agent can guarantee a visa outcome; the decision rests with the Department of Home Affairs. The value of professional work lies in aligning the application precisely with the legal criteria and in disclosing information fully and correctly.
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.