Thin or unbalanced evidence
Most common reason. The four evidence areas (financial, social, household, commitment) are not all covered. Sometimes three are strong and one is empty. The Department often refuses on that single gap.
Refused · One of Our Strongest Areas
A partner visa refusal feels deeply personal.
The Department has looked at your relationship and decided it is not genuine, or that the evidence is not strong enough. This page walks you through why partner visas get refused, how the ART appeal process works, and how we rebuild cases to win.
Why partner visas get refused
Six patterns behind almost every refusal.
Most partner visa refusals come from evidence gaps that can be addressed on appeal. That is why this category has one of the highest overturn rates at ART.
Inconsistent relationship history
Dates that do not line up between documents. Gaps in the timeline that are not explained. Different versions of the relationship story in the statements of the applicant and sponsor.
Sponsor issues
The sponsor has a criminal record, has previously sponsored another partner, has serious debts to the Commonwealth, or has their own character concerns.
De facto period not met
The couple has not lived together for 12 months, and no exception (registered relationship, dependent child, compelling circumstances) was successfully argued.
Suspicion of relationship of convenience
Rapid marriage after the applicant received an adverse visa decision. Large differences in age, language, or culture without adequate context. Lack of communication before meeting in person.
Weak Section 57 response
The Department flagged concerns before refusal and the response was weak, late, or missing.
Appeal rights and deadlines
Onshore and offshore have different rules.
Which partner visa was refused determines who lodges the appeal, when, and from where.
Onshore refusals (820 or 801)
21 days from notification to lodge an ART review. The 820/801 applicant usually lodges. Bridging visa continues during the appeal.
Offshore refusals (309, 100, 300)
70 days from notification. The Australian sponsor lodges the ART review, not the offshore 309 or 300 applicant.
What the ART can do
Set aside the refusal and approve the visa. Affirm the refusal. Send the matter back to the Department with directions. A successful appeal usually means the visa is granted by the Department after ART directs this.
What a strong appeal submission looks like
Appeal is a rebuild, not a resubmit.
If you send the ART the same evidence that the Department refused, you are likely to get the same answer. Strong appeals look nothing like the original application.
Fresh evidence across all four areasNew joint photos. Updated bank statements. New statutory declarations. Evidence of relationship developments since the original application.
Relationship statements rewrittenOriginal statements reviewed and rewritten with a clearer narrative, better chronology, and specific responses to the Department's refusal reasons.
Sponsor evidence rebuiltWhere the sponsor had issues (police check problems, previous sponsorship, financial concerns), we address these directly in the appeal.
Country-specific and cultural contextWhere language, cultural, or religious factors affect how the relationship appears, we provide context through country expertise, cultural letters, and family statements.
Legal argumentART hearings benefit from proper legal framing. Prateek Maan and Sourabh Aggarwal structure submissions to address the legal tests correctly.
Special situations we see often
Four cases that look complex but have clear pathways.
Each of these is handled regularly by our partner visa team.
Family violence during 820
Australian migration law has specific provisions for victims of family violence. If the relationship ended because of family violence, the applicant may still be eligible for the 801 under the family violence provisions. Specialist work we handle regularly.
Sponsor bar issues
Some sponsors are barred because they have previously sponsored other partners, or because of character concerns. These bars sometimes have exceptions.
De facto exceptions
Registered relationships in states that recognise them, shared dependent children, or compelling and compassionate circumstances can satisfy the 12-month rule when cohabitation has been shorter.
Relationship ended during processing
If the relationship ends after the 820 is granted but before the 801 is considered, the visa may still succeed if family violence, death of the sponsor, or shared parenting circumstances apply.
Partner visa refusals have one of the highest overturn rates at ART.
This is because partner visa decisions often hinge on the adequacy of evidence rather than fundamental ineligibility. When the evidence is rebuilt properly on appeal, many refusals that looked firm at Department level do not survive ART review.
Common partner refusal questions
The questions we hear most.
For a case-specific review of your refusal letter and appeal merits, book with Neha Sharma or Prateek Maan.
Can I reapply instead of appealing?
Onshore, Section 48 usually blocks reapplication, but partner visas are a key exception. You can lodge a fresh partner visa onshore. However, appealing preserves your lodgement date and bridging visa, so appeal is usually stronger.
My sponsor has a criminal record. Will my appeal fail?
Not necessarily. Many sponsor character issues have waiver options or can be addressed through strong evidence about the relationship, the sponsor's rehabilitation, and the circumstances. Specialist advice is essential.
Can I work while my appeal is pending?
If you were onshore when the visa was refused, your bridging visa is usually extended when you lodge the ART appeal. Work rights depend on the conditions of the bridging visa. We advise specifically at the consultation.
How long does a partner visa appeal take at ART?
ART publishes processing estimates. Partner visa appeals usually take between 12 and 24 months to reach a hearing or final decision. During this time, you can continue rebuilding evidence.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.