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Can I Still Get A Partner Visa If We Are Not Living Together?

Can I Still Get A Partner Visa If We Do Not Live Together?

All three Partner Visas – the Prospective Marriage (Subclass 300), Onshore Partner (Subclass 820) and Offshore Partner (Subclass 309) require a case officer to consider the nature of the household. This involves considering joint responsibility for care of any children, living arrangements between the couple and sharing of housework. While this is more relevant for the 820 and 309 Visas (the 300 generally has a lower evidence requirement) it is still considered for all three visas.

Can You Overcome Weak Household Evidence?

A common question is – can you still apply for a Partner Visa if you are not currently living together. As with many things in this area – it will depend. A case officer will be looking at all aspects of the relationship. If you do not currently live together, evidence of any period you have spent living together in the past will be helpful. This may include things like short periods of living together while travelling (which may add up to significant periods), living together informally while under a lease with just one partner’s name or even living together with one partner’s parents.

You may also be able to overcome a lack of living together evidence with lots of convincing evidence in other areas. For example, you may have significant savings together, you may have lots of good commitment evidence (wills, mentioning each other as retirement beneficiaries and registration of your relationship under an Australian law) and you may have many supporting statements from family and friends.

The 12 Month De Facto Requirement

If you are applying for an 820 or 309 Visa you will be subject to the 12 month de facto requirement. This means, at the time that you apply for the visa, you will need to show you have been in a de facto relationship for at least 12 months. Evidence of living together will be one crucial part of this evidence. However, this requirement can be waived if you are able to apply to register the relationship in an Australian State or Territory. Otherwise, you may have to rely on some of the ideas above to get as much evidence together as you can.

They key thing to remember is that you are trying to convince a case officer that your relationship is genuine and continuing and has been for a significant time. You need to show you are not in a “dating” kind of relationship that is not serious. While evidence of your household is very important for this, there are other ways to compensate when this evidence is lacking.

How We Can Help

A Registered Migration Agent can help you overcome issues with your household evidence or weaknesses in different areas of your application. Agents work with many different couples and have exposure to a lot of different situations. Because of this, they know what kinds of evidence can work and can therefore guide you to make your application stronger. Our Registered Migration Agents can help you to determine your eligibility for a Partner Type Visa. They can also assist with all aspects of the application from requesting, reviewing and strengthening evidence to responding to queries from your case officer. In particular you may need assistance with:

  • Coming up with creative evidence in each of the four aspects of your relationship.
  • Responding to a notification of adverse information.
  • Strategically presenting your relationship evidence for the greatest effect.
  • Getting evidence ready now for an application you are planning in the future. 

Our Registered Migration Agents can analyse your circumstances, identify any areas of risk and discuss the most appropriate strategy to meet your goals. If you have a question, fill the form below or send an email to info@fairgovisa.com.au. You can also book a consultation using the link below. 






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