Partner Visa Refusal — 820/801 & 309/100

Name: WIDEN — Migration Experts
Address: Office 6, 2-16 Anglo Road, Campsie, NSW, 2194, AU
Telephone: 02 8188 1887
Price range: $$

A partner visa refusal is one of the highest-stakes migration decisions: the financial investment has typically been substantial, the relationship evidence has been intimate, and the consequences for the couple are immediate. Onshore refusals typically carry merits review rights to the Administrative Review Tribunal (ART). Offshore review rights generally sit with the sponsor.

MARN 1576536

Time-sensitive. Review deadlines (typically 21 days from notification for onshore decisions) are statutory and cannot be extended. Outcomes cannot be guaranteed — each case turns on its specific facts and evidence (s 15, Migration Agents Code of Conduct 2022).

Why partner visas are refused

Genuine and continuing relationship — insufficient evidence across the four assessment areas (financial aspects, nature of the household, social aspects, commitment to each other)
Inconsistencies — discrepancies between the applicant's and sponsor's statements, or between the statements and the documents
Health — health examinations not meeting requirements (including TB and PIC 4005/4007 considerations)
Character — criminal history, PIC 4001, or section 501 considerations
Sponsor eligibility — sponsor's previous sponsorships, previous partner sponsorship history, or sponsor's character history
Relationship ended — relationship no longer subsisting at decision (with limited exceptions)
PIC 4020 — false or misleading information in current or previous applications

The four-area framework — and how the ART reassesses it

The Department assesses the genuineness of the relationship against four areas:

Financial — joint bank accounts, shared expenses, joint assets, financial commitment to each other
Household — shared living arrangements, division of household tasks
Social — recognition of the relationship by family and friends, joint social activities, statutory declarations
Commitment — knowledge of each other's lives, future plans, relationship history

If the Department found gaps or inconsistencies in one or more areas, the ART will reassess those areas — with the benefit of any new evidence the parties put forward, plus the original material. An ART case is often won or lost on the strength and consistency of the four-area evidence taken together.

Family violence provisions

Specific provisions in the Migration Regulations allow certain partner visa applications to continue where the relationship has ended due to family violence by the sponsor. These provisions have specific evidentiary requirements (judicial or non-judicial evidence) and procedural steps. If family violence is a factor in your situation, this is a particularly important and complex area to seek advice on immediately. Confidential support is available.

Sponsor's role in offshore reviews

For offshore partner visa refusals (309/100), the sponsor (the person in Australia) typically holds the review rights — not the applicant overseas. The sponsor lodges the review application and represents the case at the ART. Coordination between sponsor and applicant on evidence and witness arrangements is essential.

Frequently asked questions

Why are partner visas refused?

Common refusal reasons for Subclass 820/801 (onshore) and 309/100 (offshore) partner visas include: insufficient evidence the relationship is genuine and continuing across the four assessment areas (financial, household, social, commitment), inconsistencies between applicant and sponsor statements, failure to meet health or character requirements, the sponsor failing the sponsorship eligibility tests, the relationship ending before decision, or PIC 4020 concerns about false or misleading information in the current or previous applications. The Department's decision letter sets out the specific reasons relied on.

Do I have review rights for a partner visa refusal?

For onshore partner visa refusals (820/801), the primary applicant generally has merits review rights to the Administrative Review Tribunal (ART) — which replaced the AAT in October 2024. For offshore refusals (309/100), the sponsor (rather than the applicant) typically holds the review rights. The specific review rights and deadline are set out in the decision letter. Time limits are short (typically 21 days for onshore) and cannot be extended.

What happens to my bridging visa after a partner visa refusal?

If you applied onshore and held a bridging visa associated with the partner visa application, the bridging visa typically continues for a defined period after refusal. Lodging a review application within the deadline often continues your lawful status while review is pending. Specific effects depend on your bridging visa class and circumstances — review urgently and verify your bridging visa expiry on your notice.

Can I submit more evidence at the ART?

Yes. The ART conducts a fresh merits review and considers new evidence as well as the original material. Strengthening the four-area relationship evidence (financial, household, social, commitment), addressing any specific concerns raised in the decision letter, and providing statutory declarations from people who know the couple are common components of an effective ART case. The ART can also request further information.

What if my relationship has ended?

Generally, a current partner visa application requires the relationship to be ongoing at the time of decision. If the relationship has ended, the standard partner visa pathway is no longer available. Limited exceptions exist — including family violence provisions and certain death-of-sponsor situations — that may allow the application to continue. These exceptions involve specific evidentiary and procedural requirements. Get advice immediately if this applies.

How long does an ART review take?

ART processing times for partner visa reviews vary significantly and have historically run from many months to over a year, depending on queue and complexity. The ART publishes current indicative times on its website. While the review is pending, the onshore bridging visa typically continues lawful status — but specific bridging visa entitlements depend on the original visa class and your circumstances.

Can WIDEN guarantee a successful partner visa review?

No. No registered migration agent can guarantee any review outcome (s 15, Migration Agents Code of Conduct 2022). The ART assesses each case on its merits based on the evidence and the law. What an experienced agent does is identify the strongest available grounds, present the four-area evidence comprehensively and consistently, address the specific concerns in the decision letter, and represent the case at hearing. The outcome is the ART's decision.

Send WIDEN a confidential enquiry

Partner visa refusal — confidential enquiry

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For deadlines within 7 days, please also call 02 8188 1887.

General information only. Refusal, cancellation, and review processes are governed by the Migration Act 1958 and associated regulations; specific procedures and time limits depend on the visa subclass and the decision involved. Verify your individual deadlines and pathway on the original decision notice and on the Department of Home Affairs and Administrative Review Tribunal (ART) websites.

This page does not constitute migration advice (s 23, Migration Agents Code of Conduct 2022). Outcomes in refusal and review matters cannot be guaranteed by any registered migration agent (s 15). Each case turns on its specific facts and evidence. Migration advice is provided by Keshab Chapagain (MARN 1576536) only after a paid initial consultation under section 43 of the Code, with a written service agreement issued before further work commences (section 42). The OMARA Consumer Guide is provided to all clients before the consultation begins. PI insurance held under the Migration Agents Regulations 1998. Complaints via our Complaints Policy or directly to OMARA.