A situation we see more often than you might expect: someone applies for a Visitor visa (Subclass 600) and states they are single or doesn’t mention their relationship with an Australian partner. They then enter Australia and shortly after lodge a Partner visa (Subclass 820). The Department notices the inconsistency — and it raises a red flag.
So what does this mean for your Partner visa application? And is it something that can be overcome?
Why Is This a Problem?
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The Department of Home Affairs takes inconsistencies in visa applications very seriously. If an applicant stated on their Visitor visa application that they were single or had no partner, but then lodges a Partner visa shortly after arriving in Australia, the Department may question:
- Whether the applicant provided false or misleading information on the Visitor visa application
- Whether the true purpose of the Visitor visa was to enter Australia to lodge a Partner visa
- Whether the relationship timeline presented in the Partner visa application is credible
Providing false or misleading information can have serious consequences under section 101 of the Migration Act, including potential visa cancellation under section 109 (if the previous visa was obtained by giving incorrect information) and refusal of the current application under Public Interest Criterion (PIC) 4020.
PIC 4020: The Integrity Requirement
Public Interest Criterion 4020 is one of the most significant barriers in these cases. It provides that a visa applicant must not have provided, or caused to be provided, a bogus document or false or misleading information in relation to any visa application (not just the current one) in the 10 years prior to the current application.
If the Department determines that false information was provided on the Visitor visa regarding the applicant’s relationship status, PIC 4020 could be invoked to refuse the Partner visa — and the applicant could face a 3-year or 10-year ban on further visa applications.
Is It Always Considered False Information?
Not necessarily. The key question is whether the relationship existed as a de facto relationship at the time of the Visitor visa application. If the couple were not in a de facto relationship at that time — for example, they were dating but not yet committed or cohabiting — then stating “single” or “not in a de facto relationship” may not have been incorrect.
It’s crucial to establish a clear timeline of the relationship and demonstrate that the relationship only became a de facto partnership after the Visitor visa was granted or after arrival in Australia.
How to Address This in Your Partner Visa Application
- Be upfront and transparent: Don’t try to hide the inconsistency — address it directly in your application with a detailed relationship statement
- Provide a clear timeline: Document when the relationship began, when it became a de facto partnership, and when you registered the relationship (if applicable)
- Explain the Visitor visa answers: If the information was accurate at the time, explain why — for example, the relationship had not yet reached the level of a de facto partnership
- Gather strong evidence: The stronger your relationship evidence, the more credible your case will be
Worried About Your Partner Visa Application?
If you’re concerned about inconsistencies between a previous visa application and your Partner visa, it’s important to get professional advice before lodging. We can help you navigate these issues and present your case in the best possible light.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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