Complex Partner Visa Applications: What happens if the Department does not believe that you are in a genuine relationship?
While the majority of Partner visa applications are ultimately granted by the Department of Home Affairs, there will always be some Partner visa applications that do not pass the Department of Home Affairs’ initial “sniff test”, for various reasons including adverse immigration history, prior visa refusals, a significant age gap, limited relationship evidence and/or inconsistent information being provided across an applicant’s previous and current visa applications.
These Partner visa applications are often subjected to further scrutiny by the Department, extended processing times and even visa refusal, which can be an extremely distressing experience especially when you have especially invested so much time, effort, and hope into the Partner visa process.
As an immigration lawyer who has guided many clients and Partner visa applicants through complex Partner visa applications, a question that I am often asked is - “What happens if the Department doesn’t believe that I am in a genuine relationship with my Partner visa sponsor?”
While the majority of Partner visa applicants would not have to be overly concerned about this happening during the processing of their Partner visa application, here are some instances of what could happen if the Department does not believe your relationship claims in your Partner visa application.
Disclaimer: The information provided on our website or on any of our social media platforms is published for general informational purposes only and does not constitute legal advice. The information provided on our website or on any of our social media platforms about the migration regulations, policies and legislation is current as of the time it is published, and may be subject to change. Your use of the general information published on our website or our social media posts does not create a solicitor-client relationship between you and Inclusive Migration, and you should seek legal advice about your options from a legal practitioner or migration advice from a migration agent registered with the Office of the Migration Agents Registration Authority before proceeding with any application.
1: You may receive a request for more information
There are many reasons why the Department of Home Affairs may contact you during the processing of your Partner visa application to request more information about your relationship, and this includes where you have not provided sufficient relationship evidence in support of your relationship claims. For instance, the relationship evidence you provided may not adequately substantiate the start of your de facto relationship, such as where you claim that you have been living together since 2024 but the documents you have provided only show that you have shared the same residential address since 2025.
Since you must either be 1) married or 2) in a de facto relationship for at least 12 months at the time of application, with the exception of certain applicants who have registered a domestic relationship with a state or territory government (excluding Western Australia and Northern Territory), this may accordingly affect your eligibility for a Partner visa, and the Department may therefore request more information to assess whether you were married or in a de facto relationship for at least 12 months at the time of application.
Additionally, it is not sufficient to just demonstrate that you were married, or state that you were in a de facto relationship at the time of application to be granted a Partner visa. All Partner visa applicants, regardless of the length of their relationship with their Partner visa sponsor, must provide as much documentary evidence as possible to address the four (4) aspects of their relationship which are assessed by the Department as a matter of law:
Financial aspects of your relationship
Nature of your household
Social aspects of your relationship
Nature of your commitment to each other
As such, if you have not provided adequate information in support of your Partner visa application, the Department may send you a request for more information (RFI), asking for additional evidence to prove your relationship is genuine. This could include:
Financial evidence (joint bank accounts, shared bills, property ownership)
Household evidence (lease agreements, utility bills in both names)
Social proof (statements from friends/family, photos together, social media activity)
Evidence of your commitment (communication logs, travel itineraries, future plans)
For more information on the types of supporting documentation you can provide to address these 4 aspects of your relationship, also know as the “4 pillars”, check out Part 1 of our Partner Visa Guide.
It is important to note that every Partner visa application is assessed on a case-by-case basis, and since every relationship is different, different couples may have different types of relationship evidence they would be able to provide. For instance, some couples may not have formal joint lease or residential tenancy agreements showing the period of time they have been living together, but may otherwise have alternative evidence of their long-term cohabitation such as through copies of official correspondence sent to them at the same address, evidence of them looking for properties together, delivery confirmations for items sent to their shared address, etc.
For personalised legal advice about the types of relationship evidence you may be able to provide in support of your Partner visa application, contact us to speak to one of our immigration lawyers today for a detailed discussion of your case and advice about your next steps.
2: You may be invited to comment on adverse information the Department has received about you
The Department may invite you comment on adverse information they have received that could negatively impact your Partner visa application. Examples of adverse information which could affect the assessment of your relationship claims may include:
Discrepancies in your visa history (e.g. inconsistencies between your current application and past visa claims)
Inconsistencies between your incoming passenger cards and visa applications (e.g. inconsistencies between your claimed address history or provision of someone other than your spouse or de facto partner as your emergency contact)
Conflicting information from third-party checks (e.g., data-matching with the Australian Taxation Office (ATO) showing no financial interdependence or that you and your Partner visa sponsor have not disclosed each other as your spouse or de facto partner, or data-matching with Services Australia or Centrelink showing that you have not disclosed your married or de facto relationship)
Travel records from the Australian Border Force (ABF) indicating you have not travelled together as claimed, or that either one of you appear to have travelled frequently with another person instead of with each other
Information from other visa applications which contradicts any information provided in your Partner visa application (e.g., if your sponsor previously sponsored another partner, or if family members have lodged suspicious applications)
Information from your social media profiles suggesting that you are in an intimate relationship with another person instead of with each other, or that you are not in an exclusive married or de facto relationship to the exclusion of all others
Information they have received from the community (e.g. where someone has reported information about you and/or your sponsor to the Department) which suggests that you and your Partner visa sponsor are not in a genuine relationship with each other
While certain adverse information the Department may have received about you and/or your Partner visa sponsor may appear “damning” on its face, there is often a plausible and innocuous explanation for these perceived inconsistencies. We have represented many clients in such complex Partner visa applications and successfully assisted them with responding to the Department’s invitations to comment, ultimately leading to the grant of their Partner visas.
Noting the complicated nature of such Partner visa applications, we strongly recommend that persons who have received an invitation to comment on adverse information in their Partner visa application immediately seek legal advice from an immigration lawyer with extensive experience in complex Partner visa applications, so that you are able to make a fully informed decision on how you proceed with your Partner visa application.
For personalised legal advice about how you should respond to the Department’s invitation to comment on adverse information, contact us to speak to one of our immigration lawyers today for a detailed discussion of your case and advice about your next steps.
3: You and your Partner visa sponsor may be invited to attend an interview
In circumstances where the Department may have doubts or questions about your relationship, you and your Partner visa sponsor may be invited to an in-person or telephone interview, either separately or together, but generally separately and in a manner where there. In our experience, this is perhaps more common when it comes to offshore Partner (Subclass 309/100) visa applications, or where a Partner visa application is supported by very little relationship evidence.
At a Partner visa interview, the Department will ask detailed questions to assess the genuineness of your relationship, such as:
Financial aspects of your relationship: "Do you have a joint bank account? How do you split expenses? How much money do you have in your joint bank account?"
Nature of your household: "Who does the grocery shopping? What time does your partner start work? What time does your partner come home from work? Where does your partner work? Which side of the bed do you sleep on?"
Relationship history and social aspects of your relationship: "When did you first meet? How did the relationship develop? Which friends do you spend the most time with?"
Nature of your commitment and your future plans: "Do you plan to have children? Where will you live in five years?"
Inconsistencies between your answers can lead to further scrutiny of your Partner visa application or even the refusal of your Partner visa application.
For more information about the types of questions you may be asked, check out free guide on 3 things to know for your Partner Visa Interview.
For personalised legal advice about how you should prepare for your Partner Visa Interview or what the Department is likely to ask you in your specific case, contact us to speak to one of our immigration lawyers today for a detailed discussion of your case and advice about your next steps.
4: The Department may make an unannounced home visit to investigate your living situation
In rare cases where the Department has perhaps received adverse information about you and/or your sponsor which raises doubts about the genuineness of your relationship, one or more Departmental officers may visit your home unannounced to verify:
whether you actually live together
whether you appear to actually be sleeping in the same bed or room
if your home appears to be a shared residence (e.g., both partners’ belongings present)
if you have intimate knowledge about each other’s day-to-day lives and routines
whether your answers to their questions match the evidence at your home
If the Departmental officer(s) discovers discrepancies and/or adverse information (e.g. it appears that only one person lives there or you cannot answer basic questions about each other), you may invited to comment on the adverse information they have uncovered about you and/or your Partner visa sponsor. This could also lead to further scrutiny of your Partner visa application or even the refusal of your Partner visa application.
If the Department has made an unannounced home visit during the processing of your Partner visa application and you are unsure about what you should do or what will happen to your Partner visa application, contact us to speak to one of our immigration lawyers today for a detailed discussion of your case and advice about your next steps.
5. Your Partner visa application may be refused
It is important to note that if the Department does not believe that you and your Partner visa sponsor are in a genuine relationship, or that your relationship satisfies the legislative and regulatory (i.e. legal) requirements for the grant of your Partner visa, the Department may refuse your Partner visa application without providing you with an opportunity to provide more information, comment on adverse information or attend an interview.
In particular, it was previously Departmental policy that Partner visa applications which were poorly documented could be refused outright without a formal request for more information, including Partner visa applications lodged with representation from an immigration lawyer or registered migration agent.
This is why it is imperative to ensure that your Partner visa application is accompanied by all relevant supporting documentation and as close to being decision-ready at all times, so as to minimise the chances of your Partner visa application being refused without an opportunity to address any questions the Department may have about your application.
For more tips on how to avoid the refusal of your Partner visa application check out our Partner Visa Tips & Tricks - How to avoid a Partner Visa Refusal.
For more information on what you should do if your Partner visa application has been refused, check out our free guide on Partner Visa Refusal - What to do and navigating your next steps.
If you have received a partner visa refusal or have any questions about the review process, contact us for a confidential consultation and let us help you take the next steps in your inclusive migration journey.
Need help with your Partner visa application?
At Inclusive Migration, we are committed to helping you navigate the complexities of the Australian migration system with care and compassion. Our team of experienced immigration lawyers is here to support you through each step of the process, ensuring you have the best possible chance of achieving a successful outcome.
If you have questions about the Partner visa process, contact us for a confidential consultation and let us help you take the next steps in your inclusive migration journey. You can contact us by email at info@inclusivemigration.com.au, through our contact form or by sending us a message on WhatsApp. We are here to listen, advise, and guide in your migration journey you with respect and understanding, and hope we will be able to assist you.
