Your partner visa application isn’t just paperwork — it’s the story of your relationship, told through evidence. And the Department of Home Affairs has a very specific framework for how it wants that story told.
This guide walks you through the legal requirements, evidence categories, and practical strategies for building a partner visa (subclass 820/801) application that gives your case officer every reason to say yes.
The Legal Framework: Regulation 1.15A
Every partner visa relationship assessment is governed by Regulation 1.15A of the Migration Regulations 1994. This isn’t a vague checklist — it’s the actual law your case officer applies.
Reg 1.15A requires the Department to consider four specific aspects of your relationship to determine whether it is “genuine and continuing.” These four aspects draw from the definition of a de facto relationship in Section 4AA of the Family Law Act 1975, which means they carry real legal weight.
Understanding this framework matters because it tells you exactly why certain evidence matters and where to focus your energy. A strong application addresses all four aspects systematically — not just the ones that are easiest to prove.
The Four Aspects of Reg 1.15A
1. Financial Aspects — Reg 1.15A(2)(a)
Case officers look for evidence that you and your partner share financial responsibilities the way a genuine couple would.
Strong evidence includes:
- Joint bank accounts with regular everyday transactions (12+ months preferred)
- Shared expenses — rent, mortgage, utilities, groceries, insurance
- Joint ownership of assets (property, vehicles, investments)
- Joint liabilities — loans, credit cards, hire purchase agreements
- Evidence one partner financially supports the other (if applicable)
- Joint tax returns or tax agent correspondence addressing both partners
What raises questions:
- Completely separate finances with no shared accounts or expenses
- One partner pays everything while the other contributes nothing without explanation
- Financial arrangements that don’t match your claimed living situation
Tip: You don’t need to merge every dollar. Many genuine couples keep some separate accounts. The key is showing financial interdependence — some meaningful overlap that demonstrates shared life.
2. Nature of the Household — Reg 1.15A(2)(b)
This is about proving you actually live together and share domestic responsibilities.
Strong evidence includes:
- Joint lease or mortgage documents covering as much of the relationship as possible
- Utility bills, council rates, or home insurance in both names
- Mail addressed to both partners at the same address (from different senders and time periods)
- Photos at your home across different seasons and occasions (timestamped)
- Form 888 statutory declarations from visitors who describe your shared household
What raises questions:
- Official documents showing different residential addresses
- No overlap in utility accounts, mail, or household bills
- Photos that appear staged or all from one single occasion
- Inability to demonstrate who does what around the house
Tip: If you’ve moved multiple times together, evidence for each address strengthens your case — it shows an ongoing shared household, not just a snapshot.
3. Social Aspects — Reg 1.15A(2)(c)
Does the world around you recognise you as a couple?
Strong evidence includes:
- Joint invitations to weddings, parties, family gatherings
- Photos with each other’s friends and family across an extended period
- Joint memberships (gym, clubs, streaming accounts, loyalty programs)
- Travel bookings and itineraries for holidays together
- Social media posts that naturally reflect your relationship over time
- Cards and correspondence addressed to you both
What raises questions:
- No mutual friends or family connections
- Social media profiles that never acknowledge the relationship
- Inability to describe each other’s close friends or family
- Significant cultural or language barriers with no evidence of bridging them
Tip: Quality beats volume. Five meaningful photos across two years of family dinners, holidays, and everyday moments are worth more than fifty selfies from the same weekend.
4. Nature of Commitment — Reg 1.15A(2)(d)
This is where you demonstrate that your relationship has a past, present, and future.
Strong evidence includes:
- Detailed statutory declarations from both partners outlining your relationship history
- Evidence of mutual support during illness, job loss, family emergencies, or other challenges
- Joint long-term plans — property purchase, business ventures, education, children
- Beneficiary designations (superannuation, life insurance, wills)
- Correspondence showing emotional connection (messages, letters, cards)
- Knowledge of each other’s backgrounds, families, and goals (reflected in your statements)
What raises questions:
- Vague or contradictory statements about future plans
- Relationship that began suspiciously close to a visa expiry
- Lack of knowledge about each other’s backgrounds or families
- No evidence of mutual support during difficult times
De Facto vs. Married: What Changes?
The four Reg 1.15A aspects apply equally to married and de facto couples — but the evidence emphasis shifts.
| Married Couples | De Facto Couples | |
|---|---|---|
| Relationship proof | Marriage certificate (translated if not in English) | Evidence of 12+ months cohabitation OR relationship registration |
| Evidence focus | Four aspects still apply — marriage alone isn’t enough | Stronger emphasis on household and financial evidence |
| Common mistake | Assuming marriage certificate is sufficient | Not understanding the 12-month rule and its exemptions |
| Key strength | Legal recognition simplifies some evidence | Often builds stronger four-pillars evidence naturally |
For married couples: your marriage certificate proves the legal relationship exists, but the case officer still assesses whether it’s genuine and continuing. You need solid four-pillars evidence regardless.
For de facto couples: the evidence burden is slightly higher because there’s no marriage certificate, so your financial and household evidence becomes especially important.
The 12-Month Rule and How to Navigate It
De facto couples must generally demonstrate 12 months of continuous cohabitation immediately before applying. But there are two important exemptions:
Exemption 1: Registered Relationship
If your relationship is registered in a prescribed Australian state or territory, the 12-month cohabitation requirement is waived entirely — no compelling circumstances needed.
Registration is currently available in:
- Australian Capital Territory — Civil Union
- New South Wales — Registered Relationship
- Queensland — Registered Relationship
- South Australia — Registered Relationship (from 2017)
- Tasmania — Significant Relationship
- Victoria — Registered Domestic Relationship
- Northern Territory — Registered Relationship (from 2019)
This is a straightforward exemption. Register your relationship, provide the certificate, and the 12-month clock doesn’t apply.
Exemption 2: Compelling and Compassionate Circumstances
This is a separate pathway for couples who haven’t cohabited for 12 months and don’t have a registered relationship. You’ll need to demonstrate circumstances such as:
- A child born from the relationship
- Significant hardship if separated (e.g., pregnancy, serious illness)
- Cultural or legal barriers to earlier cohabitation
- Circumstances genuinely beyond your control
This exemption requires stronger supporting evidence, and each case is assessed individually.
Important: These are two distinct exemptions. A registered relationship is a clean waiver — no hardship argument required. Compelling circumstances is a discretionary assessment. Don’t confuse the two.
Form 888: Getting Witness Statements Right
Form 888 statutory declarations from witnesses carry significant weight. Here’s how to make them count.
Who should write them:
- People who know you as a couple (not just friends of one partner)
- A mix of family and non-family witnesses
- People who have known you at different stages of the relationship
- Ideally Australian citizens or permanent residents (though not strictly required)
What strong Form 888s include:
- How the witness knows each of you, and for how long
- Specific examples — dinners at your home, holidays together, conversations about your plans
- Observations about your relationship dynamic and how you interact
- Knowledge of your living arrangements and future plans
Common mistakes:
- Generic, template-like statements (“They love each other very much”)
- Witnesses who’ve never met one partner
- Statements that contradict your own narrative or each other
- Forms completed months before lodgement with stale information
Best practice: Aim for 4–6 strong Form 888s (2–3 from each partner’s side) submitted at lodgement. Keep a couple in reserve for any Request for Information (RFI) response.
How Much Evidence Is Enough?
There’s no magic number — but here’s a practical framework:
Minimum viable application:
- Both statutory declarations (detailed, consistent)
- 12+ months of joint bank statements
- Lease/mortgage in both names
- 20–30 photos spanning the relationship (timestamped)
- 4 Form 888s
- Joint bills or correspondence
- Timeline that shows relationship development
Strong application:
- Everything above, plus…
- Evidence across all four pillars — not just the easy ones
- Multiple evidence types per pillar (don’t rely on one document)
- Clear evidence of future plans and commitment
The quality test: For each piece of evidence, ask: “Would this help a stranger believe our relationship is genuine?” If yes, include it. If it’s ambiguous or repetitive, it’s probably not adding value.
A well-organised application of 50–100 pages of strong, relevant evidence across all four aspects outperforms 300 pages of repetitive or weak documents every time.
Evidence Organisation: Make Their Job Easier
Case officers process hundreds of applications. A well-organised submission is noticed — and appreciated.
Recommended structure:
- Cover sheet and document index
- Statutory declarations (both partners)
- Form 888s (witnesses)
- Financial evidence (chronological)
- Household evidence (chronological)
- Social evidence (chronological with captions)
- Commitment evidence
- Supporting documents (identity, relationship registration, etc.)
Pro tips:
- Label every document clearly
- Add captions to photos (who, where, when, what occasion)
- Use a chronological timeline where possible
- Include a brief cover letter summarising your relationship and the evidence structure
High-Scrutiny Situations
Certain circumstances attract closer case officer attention. If any apply to you, address them proactively with stronger evidence:
- Short relationships (under 12 months) — detailed timeline, frequent contact evidence, early-stage witnesses
- Significant age gaps (10+ years) — explain how you met, shared interests, goals
- Complex immigration history — previous refusals, overstays, or sponsorships
- Previous sponsorships — sponsors are limited to 2 lifetime sponsorships with a 5-year cooling-off period under s140GBA of the Migration Act 1958
- Long-distance periods — communication logs, travel records, concrete plans to close the distance
- Cultural differences — evidence of bridging cultural or language barriers, family acceptance
Don’t hide these situations. Case officers will find them. Address them openly and provide context.
Family Violence Protections
If you experience family violence from your sponsor, you can still pursue your partner visa under Division 1.5 of the Migration Regulations 1994.
Evidence can include police reports, intervention orders, medical reports, or statutory declarations from competent persons (doctor, psychologist, social worker, or family violence support service).
You do not need your sponsor’s cooperation to continue your application. This is a critical safeguard — your visa pathway should never keep you in a dangerous situation.
If you or someone you know needs support: 1800RESPECT (1800 737 732) provides free, confidential family violence support 24/7.
Onshore vs. Offshore: Which Stream?
If you’re in Australia, you’ll apply for the onshore partner visa (subclass 820/801). If you’re outside Australia, the equivalent is the offshore partner visa (subclass 309/100). The evidence requirements are essentially the same — the four Reg 1.15A aspects apply to both streams.
One key difference: if you hold a prospective marriage visa (subclass 300) and marry in Australia, you can then apply onshore for the 820/801.
Current Processing Times
As of March 2026, the Department of Home Affairs reports:
- Subclass 820 (temporary): 75% processed in 14–20 months; 90% in 24–29 months
- Subclass 801 (permanent): Can be applied 2 years after initial 820 visa application. If 820 is still not granted, you may recieve a double grant of 820 & 801 at the same time.
Processing times fluctuate. Check the official processing times page for current estimates.
Front-loading your evidence at lodgement is the single most effective way to reduce delays and avoid RFIs.
Frequently Asked Questions
Q: Do we need a joint bank account to apply? A: No — but you need to show financial interdependence. Joint accounts are the easiest way, but shared expenses paid from separate accounts (with statements showing matching transfers) also work. The key is demonstrating that your finances reflect a genuine shared life.
Q: Can I include social media posts as evidence? A: Yes, and you should — screenshots of posts, check-ins, and relationship milestones showing your relationship publicly over time are valuable social aspect evidence. Make sure to capture dates and include a mix spanning the relationship.
Q: What if we were in a long-distance relationship? A: Long-distance relationships can succeed, but you’ll need strong communication evidence (call logs, message history), travel records showing visits, and concrete plans for closing the distance. Witnesses who knew about the relationship during the long-distance phase are especially valuable.
Q: How recent should our evidence be? A: Aim for evidence spanning the entire relationship — from early days to the present. Recent evidence (within 3–6 months of lodgement) shows the relationship is continuing. Historical evidence shows it developed genuinely over time. You need both.
Q: Should we hire a migration agent? A: Partner visas are high-stakes — a refusal means separation. A Registered Migration Agent can identify evidence gaps, draft compelling statements, respond to RFIs strategically, and represent you if integrity concerns arise. It’s not required, but many couples find the investment worthwhile for a stronger application and peace of mind.
Ready to Start Your Application?
A strong partner visa application comes down to three things: comprehensive evidence across all four Reg 1.15A aspects, consistency between your statements and documents, and organisation that makes assessment straightforward.
If you’re building your application and want expert guidance on evidence gaps, statement drafting, or understanding your specific situation, we’re here to help 🦘
Book a Partner Visa Consultation →
This article is for general information only and is current as of March 2026. Migration law changes frequently. For advice specific to your circumstances, consult a Registered Migration Agent.
Last updated: March 2026. Information based on the Migration Act 1958, Migration Regulations 1994 (including Reg 1.15A), and current Department of Home Affairs guidance. Always verify processing times and requirements on the official DOHA website.
