Contrived Relationship Allegations on a Partner Visa
The Department treats a relationship as contrived when it finds the relationship was entered into to get the visa, and it tests that through s 56 requests for information, s 57 invitations to comment and interviews rather than through a single document.
This page is written for an applicant or sponsor whose relationship has been questioned. If you want to report a relationship to the Department, that is done through its own reporting channel and is not covered here.
Checked 23 September 2026 against the Migration Act 1958 (Cth) compilation of 4 June 2026 and the Migration Regulations 1994 (Cth) compilation of 1 July 2026.
| Step | What it is | What the Department is testing | What you are given | Time to respond | The provision |
|---|---|---|---|---|---|
| Request for information | An invitation to give more information or documents | Any criterion, including whether the relationship is genuine and continuing | A written or oral invitation stating how to respond | Onshore, in writing: 28 days. At an interview or by phone: 7 days. Offshore: the period in the invitation | s 56; s 58; reg 2.15 |
| Invitation to comment on adverse information | Particulars of information that would be part of a reason to refuse | Whether that information should be relied on | The particulars, why they matter, and an invitation to comment | As above | s 57; reg 2.15 |
| Interview | Information or comments given in person or by phone | The same criteria | An invitation stating the place and time | The interview time set in the invitation | s 58(1)(d), (3); s 59 |
| Decision | Grant or refusal | All criteria | A written decision with reasons and review rights | — | ss 65, 66 |
| Review | A fresh review by the Administrative Review Tribunal | The decision, afresh | — | 28 days after notification | s 347 |
What does a contrived relationship mean?
"Contrived relationship" is the Department's term. Its reporting guidance describes "contrived relationships or fake marriages" as "fake relationships (usually marriage) made to obtain a visa or other benefit". The word does not appear in the partner visa criteria. What the law requires is that the relationship is genuine and continuing: s 5F (spouse) and s 5CB (de facto) of the Migration Act 1958 (Cth), assessed against the factors in reg 1.15A and reg 1.09A of the regulations. A finding that a relationship is contrived is a finding that it does not meet that test because it was entered into for the visa.
Three different situations are often run together:
- A contrived relationship or sham marriage: a relationship entered into to obtain the visa. It fails the genuine-relationship test.
- Relationship fraud: giving bogus documents or false or misleading information. It engages public interest criterion 4020.
- A genuine relationship that is poorly evidenced: a real relationship whose evidence did not satisfy the decision-maker. It also fails the test, but for a different reason and with different consequences.
What makes the Department question a relationship?
The criteria tell you what the Department is looking at, not what anyone suspects:
- The four factors in reg 1.09A and reg 1.15A: the financial aspects, the nature of the household, the social aspects and the couple's commitment to each other, including how long the relationship has lasted.
- Consistency: whether what the applicant and the sponsor say, and what the documents show, fit together.
- Information from third parties: s 56 lets the Department get any information it considers relevant, and it must have regard to it.
- Earlier applications and sponsorships: reg 1.20J limits how many partners a sponsor can sponsor and how often, so history is part of the file.
These points describe the assessment. They are not a list of things to hide, and nothing here suggests that any particular relationship is not genuine.
How does the Department test a relationship?
What is a request for information?
Under s 56 the Department may invite you to give more information in a specified way. For an application made in Australia, a written invitation usually gives 28 days, and one given at an interview or by phone gives 7 days (reg 2.15). An offshore invitation states its own period. How to answer one is covered on the site's page about a partner visa s56 request.
What is a partner visa interview?
Section 58 lets an invitation ask for information or comments at an interview with an officer, and s 59 says you must make every reasonable effort to attend. The Act does not set out interview questions, and this page gives none. Describing a procedure is information. Preparing a person for one is immigration assistance.
Do you get to respond to adverse information?
Yes, in general. Section 57 requires the Department to give you particulars of information that would be the reason, or part of the reason, for refusing. That means information that is specifically about you or another person and that you did not give for the application. The Department must explain why it is relevant and invite you to comment. Some information is excluded, for example non-disclosable information and information you provided yourself. If you do not respond in time, s 62 lets the Department decide without your comments.
This page describes how the Department assesses a partner visa relationship and what the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) provide. It does not tell you how to respond to a request, what to say at an interview, or what evidence to supply. Applying these rules to your own circumstances is immigration assistance, which ss 276 and 280 of the Migration Act 1958 (Cth) restrict to registered migration agents and Australian legal practitioners.
What happens if the Department finds a relationship is not genuine?
| The finding | The provision | What follows |
|---|---|---|
| The relationship criterion is not met | cl 820.221, 801.221, 309.221, 100.221; ss 5CB and 5F | Refusal, with review at the Administrative Review Tribunal within 28 days |
| A bogus document or materially false or misleading information was given | Schedule 4 criterion 4020(1), which partner visas require | Refusal. For 3 years after the application, no visa requiring criterion 4020 can be granted to you or your family unit (cl 4020(2)). The Minister may waive this only in compelling or compassionate circumstances (cl 4020(4)) |
| Identity was not established | criterion 4020(2A) | Refusal, with a 10-year period for visas requiring the criterion (cl 4020(2B)) |
| A visa already granted was based on incorrect information | ss 109 and 116(1AB) Migration Act | The visa may be considered for cancellation, with its own notice and review rules |
The difference matters. A refusal on the relationship criterion leaves a new application open once the facts change. A criterion 4020 finding affects later applications for years.
What can you do if your relationship is called contrived?
You are generally entitled to be told the substance of adverse information and to comment within the period stated in the invitation (s 57, reg 2.15). A refusal of a subclass 820, 801 or 309 can be reviewed by the Administrative Review Tribunal if you apply within 28 days after being notified (s 347(3)). The Tribunal decides the matter afresh. The full review steps and fee are on the page for a partner visa refused decision.
Get advice before you respond, and note the response period stated in the Department's letter. You can check that a migration agent is registered on the Office of the Migration Agents Registration Authority register, and community legal centres, including the Immigration Advice and Rights Centre, publish free immigration information.
How is a genuine relationship proved?
The affirmative side is the four factors in reg 1.09A and reg 1.15A (financial, household, social and commitment), shown through documents and statements across the life of the relationship. The site's page on the partner visa relationship statement covers the written account each of you gives.
Questions about contrived relationship allegations
Does a contrived-relationship finding affect the sponsor?
Criterion 4020 applies to the visa applicant and the members of their family unit. What else follows for a sponsor depends on the facts, and that is a question for advice.
Can an allegation be made anonymously?
The Department operates a reporting channel, Border Watch, and that is one way questions about a relationship begin. This page does not cover making reports.
If your partner visa is refused
- The deadlines, fee and who may apply are on the page for a partner visa refused decision.
- Answering a request is covered on the page about a partner visa s56 request.
- The documents that show a relationship are set out under partner visa relationship evidence.
If your relationship has been questioned, a response prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed. They know what s 57 requires the Department to disclose, they read the invitation's deadline correctly, and they can see whether the issue is the relationship itself or how it was evidenced. No one can promise an outcome, and this page cannot assess your case. Getting advice before you reply is the step that most protects your application.
Questions people ask
What does contrived relationship mean?
It is the Department of Home Affairs' description of a fake relationship, usually a marriage, entered into to obtain a visa or another benefit. The word does not appear in the partner visa criteria. What the Migration Act 1958 (Cth) and the regulations require is a relationship that is genuine and continuing, so a contrived relationship is one the Department finds does not meet that test.
Do you get a chance to respond before the Department relies on adverse information?
In general, yes. Section 57 of the Migration Act 1958 (Cth) requires the Department to give you particulars of adverse information about you that it did not get from you, explain why it is relevant, and invite you to comment before it relies on it to refuse. For an application made in Australia, the written response period is usually 28 days.
What happens if false information is found in a partner visa application?
Public interest criterion 4020 applies to partner visa applicants. If the Department finds that a bogus document or materially false or misleading information was given, the visa is refused, and for 3 years any visa that requires the same criterion cannot be granted to the applicant or their family unit. A refusal on identity grounds carries a 10-year period.
What is the most common reason for partner visa refusal?
The Department does not publish a reason-by-reason breakdown of partner visa refusals on the pages checked for this guide, so no ranking is given here. The grounds a partner visa can be refused on, with the provision for each, are set out on the site's refusal page.
Can someone report a relationship to the Department anonymously?
The Department operates a reporting channel, Border Watch, which lists contrived relationships among the matters it takes reports on. Information from a third party is one way questions about a relationship begin. This page is written for applicants and sponsors, not for people making reports.
Sources
Primary sources this page was checked against on 23 September 2026.
- Migration Act 1958 (Cth), ss 56, 57, 58, 109 and 116 (compilation 4 June 2026) www.legislation.gov.au
- Migration Regulations 1994 (Cth), regs 1.09A, 1.15A, 2.15 and Schedule 4 criterion 4020 (compilation 1 July 2026) www.legislation.gov.au
- Department of Home Affairs, Partner Visa Frequently Asked Questions, updated 16 September 2026 immi.homeaffairs.gov.au
- Administrative Review Tribunal, Immigration and citizenship www.art.gov.au