Partner Visa Extended Overseas Absence

What does a partner visa long overseas absence mean for your application?

A partner visa long overseas absence is a period of months in which one partner lives outside Australia while the partner visa is being processed, or before the permanent stage is decided. A partner visa long overseas absence does not, by itself, cause a refusal. It does change how the relationship is assessed, where the applicant must be when the visa is granted, and which bridging visa the applicant holds. Couples who understand those three issues before the absence begins are in a far stronger position than couples who deal with them after the Department asks questions.

The most common reasons for a partner visa long overseas absence are caring for a sick parent, work contracts or secondments, study, travel restrictions and family emergencies that last longer than expected. Each of these is a reason the Department regularly sees. None of them is a problem on its own. The problem arises when the absence is long, poorly evidenced, unexplained, or timed so that the applicant is outside Australia when a decision is made.

This guide explains how a partner visa long overseas absence is assessed under the Migration Act 1958 and the Migration Regulations 1994. It covers the temporary separation principles in the Department's policy on spouse and de facto relationships, the four aspects of the relationship in regulations 1.15A and 1.09A, the location rules at grant for the Subclass 820 visa and the Subclass 801 visa, the bridging visa consequences of leaving Australia, and the evidence couples should keep while they are apart. The wider framework for every stream is set out in the complete guide to partner visas in Australia.

Who this guide is for

This guide is written for onshore applicants who have lodged a combined Subclass 820 and Subclass 801 application and need to spend an extended period overseas, for sponsors who must leave Australia for work or family reasons while their partner's application is pending, and for Subclass 820 visa holders who will be overseas for a long period before the permanent stage. It is not a general guide to short trips. Couples who simply want to know whether they can take a holiday while waiting should read the guides on the Bridging visa B and on bridging visas in Australia.

Why the timing of the absence matters

A partner visa long overseas absence carries different risks at different points. Before the Subclass 820 visa is granted, the main risks are the location rule in clause 820.411, the loss of a Bridging visa A, and the loss of review rights if a refusal is made while the applicant is overseas. After the Subclass 820 visa is granted, the location risk largely falls away, because the Subclass 801 visa can be granted offshore. The relationship risk does not fall away at any stage, because the relationship is assessed again before the permanent visa is granted. The Subclass 820 vs Subclass 801 guide explains how the two stages fit together.

Does a partner visa long overseas absence end the relationship in law?

No. A partner visa long overseas absence does not end a spouse or de facto relationship in law, as long as the separation is temporary and the couple intend to live together again. The Migration Act requires married couples and de facto couples to live together or not live separately and apart on a permanent basis. Physical distance is not the test. Permanence is the test.

Married couples: paragraph 5F(2)(d)

Under paragraph 5F(2)(d) of the Migration Act, a married couple must live together, or not live separately and apart on a permanent basis. The Department's policy on the assessment of spouse and married relationships says that this paragraph explicitly requires any separation of the couple to be temporary. It says the onus is on the applicant to satisfy the delegate that the separation is temporary and that the couple will, at some point in the future, live together. It also says there is no timeframe in which the couple must live together, and that claims must be considered on a case by case basis.

The same policy makes a further point that matters to every partner visa long overseas absence. It says that physical separation for work or other reasons does not necessarily mean that the parties have legally separated. Legal separation is about one party forming the intention that the relationship is at an end and acting on that intention. A couple who are apart because of a job, a parent's illness or a border closure, and who remain committed to each other, are not separated in that legal sense.

De facto couples: paragraph 5CB(2)(c)

For de facto couples, paragraph 5CB(2)(c) of the Migration Act contains the same requirement: the couple must live together or not live separately and apart on a permanent basis. The Department's policy on de facto relationships refers to the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. The policy says that, because of that decision, a delegate cannot find that an applicant fails paragraph 5CB(2)(c) solely because the couple were not living together when the application was made, or are not living together when it is decided.

That is directly relevant to a partner visa long overseas absence. A de facto couple who are apart on the day the case officer decides the application cannot be refused under paragraph 5CB(2)(c) for that reason alone. The policy is equally clear, however, that the applicant must still satisfy the delegate that the separation is temporary and that they intend to live together in the future. The absence may also be weighed when the delegate decides whether the relationship is genuine and continuing under paragraph 5CB(2)(b). De facto couples should also understand the separate requirement about the length of the relationship before the application, which is explained in the guides on the de facto partner visa 12-month rule and on whether you really need 12 months of de facto relationship.

A common error about a partner visa long overseas absence

A widespread error is the belief that there is a maximum number of months a couple can be apart before a partner visa fails. There is no such rule in the Migration Act or the Migration Regulations. Another common error is the belief that a long absence is harmless as long as the couple are still married. That is also wrong. Marriage satisfies paragraph 5F(2)(a), but the relationship must still be genuine and continuing, and the separation must still be temporary. A partner visa long overseas absence is judged on its reasons, its evidence and its end point, not on a calendar count or a marriage certificate.

How is a partner visa long overseas absence assessed against the four aspects of the relationship?

A partner visa long overseas absence is assessed through the same four aspects that apply to every partner visa: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. For married couples these are listed in subregulation 1.15A(3) of the Migration Regulations 1994, and for de facto couples in subregulation 1.09A(3). Under subregulations 1.15A(2) and 1.09A(2), the decision maker must consider all of the circumstances of the relationship, including those four matters, for the Subclass 309, Subclass 100, Subclass 820 and Subclass 801 visas.

The Department's policy says that where parties who are, or until recently were, living separately claim that the separation is not permanent, the delegate needs to consider the reasons for the temporary separation and whether those reasons are consistent with a mutual commitment to each other. That sentence is the core of every partner visa long overseas absence assessment. It means the decision maker looks at two things: why the couple are apart, and whether the way they behave while apart fits a committed couple. The general approach to proving the relationship is explained in the guide to partner visa relationship evidence.

Financial aspects during the absence

During a partner visa long overseas absence, the financial aspects of the relationship usually carry more weight than usual. Couples who are apart still pay rent or a mortgage, still send money for a family member's care, still share bills or insurance, and still plan finances together. Money sent from one partner to the other, joint accounts used from both countries, and bills paid by one partner for the shared home in Australia all show that the couple's finances remain connected. Transfers without context can look like support between relatives, so the reason for each regular payment should be clear.

Nature of the household during the absence

The household aspect is naturally thin during a partner visa long overseas absence for the period the couple are apart. That is expected. What matters is the household before the absence and the household the couple will return to. Evidence that the shared home in Australia was kept, that the absent partner's belongings stayed there, that mail continued to arrive at that address, and that the couple planned to resume living together, all help. The Department's policy accepts that there is no fixed timeframe for living together again. It does not accept a separation with no realistic end.

Social aspects during the absence

Social evidence during a partner visa long overseas absence often comes from both countries. Family events attended by video, visits by the Australian partner to the overseas family, friends who know why the couple are apart, and continued recognition of the relationship by institutions all count. Form 888 statements from people who know the couple can describe the reason for the absence and how the couple stayed connected. A Form 888 is a supporting witness statement, not a statutory declaration.

Nature of the commitment during the absence

Commitment is the aspect most directly tested by a partner visa long overseas absence. The Department's policy refers to the degree of companionship and emotional support the couple draw from each other, whether they see the relationship as long-term, and the mutuality of the commitment. Daily or regular contact, visits, emotional support during the crisis that caused the absence, and concrete plans to reunite are the best evidence of commitment while apart. A vague intention to be together "one day" carries far less weight than a booked return flight, an end date for a contract, or a documented plan for a parent's care.

Common reasons for a partner visa long overseas absence

The most common reasons for a partner visa long overseas absence are caring for family, work, study, travel restrictions and personal safety concerns. The Department's own policy on deferring a Subclass 820 decision lists similar circumstances as reasons that may justify an applicant's absence from Australia. The reason matters because the decision maker must decide whether it is consistent with a mutual commitment.

Caring for a sick parent or family member

Caring for a seriously ill parent is one of the most common reasons for a partner visa long overseas absence. It is also one of the most understandable to a decision maker, because it shows family obligation rather than a weakening relationship. Medical evidence of the family member's condition, evidence of the applicant's caring role, and evidence that the Australian partner supported the decision, visited or helped financially, all strengthen the explanation. The Department's policy notes that, where a family member's medical condition is the reason for a long absence, consideration may be given to other support options available to that person. Couples should therefore be ready to explain why the applicant needed to be the carer.

Work contracts and secondments

Overseas employment of the applicant or the sponsor is another common reason. A fixed-term contract or secondment has a natural end date, which is useful evidence that the separation is temporary. The contract, the employer's letter and evidence of the planned return should be kept. Where it is the sponsor who works overseas, the household aspect may be thin for the same period, and the couple's contact and visits become central.

Study, training and scholarships

Overseas study, training courses and scholarships are recognised in the Department's policy as circumstances that may make a short-term return unreasonable. Enrolment letters, course dates and evidence that the course cannot be completed from Australia help explain this kind of partner visa long overseas absence.

Travel restrictions, safety and natural disasters

Border closures, civil unrest and natural disasters can turn a short trip into a partner visa long overseas absence. The Department's policy refers to personal safety or security concerns, such as natural disaster or civil unrest, as reasons that may justify a longer absence. Evidence of the restriction, the cancelled flights and the attempts to return is important, because it shows the absence was not chosen.

Absences that are harder to explain

Some reasons are harder to explain. An absence with no clear purpose, an absence that keeps being extended without reason, or an absence during which contact drops away will attract closer scrutiny. The concern is not the absence itself. The concern is whether the relationship is still genuine and continuing. That is why the reasons why partner visas get refused so often include long separations that were never explained to the Department.

Where must the applicant be when the Subclass 820 visa is granted?

The applicant must be in Australia, but not in immigration clearance, when the Subclass 820 visa is granted. This is clause 820.411 of Schedule 2 to the Migration Regulations 1994. The Department's policy on the Subclass 820 visa states the consequence plainly: if the applicant is outside Australia, they cannot be granted a Subclass 820 visa. For any applicant planning a partner visa long overseas absence before the temporary visa is granted, this is the most important rule in this guide.

The rule applies in addition to the earlier requirement that the applicant be in Australia, but not in immigration clearance, when the combined application is made. That requirement is in paragraph 1214C(3)(c) of Schedule 1. The complete Subclass 820 partner visa guide and the Subclass 820 visa explained set out the wider criteria.

Can the Department wait for the applicant to return?

Yes, in some cases. The Department's policy says that if clause 820.411 is not satisfied because the applicant is outside Australia, the delegate should generally proceed to refuse the visa. It then says that, under section 54 of the Migration Act, delegates have a discretion to take account of individual circumstances, and that it may be reasonable to defer the decision until the applicant returns if there is evidence that the absence is only temporary. The delegate must also be satisfied that the applicant meets all of the other requirements for the visa.

The policy describes two elements of what is reasonable. The first is the length of the absence. Under policy, a period of up to six months is generally reasonable, but the policy says this is a guide only and should not be applied rigidly. The second is the reason for the absence. The policy lists circumstances that may justify an absence of longer than six months, including a serious medical condition of the applicant or an immediate family member, personal safety or security concerns such as natural disaster or civil unrest, overseas employment of the applicant or the partner because of a short-term contract or secondment, and an overseas training course, study or scholarship. The applicant may be asked for documentary evidence that they cannot return in the short term.

The deferral is a discretion, not a right

A deferral is a matter for the delegate. It is not a right the applicant can demand, and the policy is guidance rather than law. A partner visa long overseas absence that runs past the period the Department is prepared to allow can lead to a refusal under clause 820.411, even if the relationship itself is genuine. This is one of the most avoidable refusals in the partner program. Couples who are tracking how long their application may take can read the guides on Subclass 820 processing times and on how long the onshore partner visa takes, but processing times are never a guarantee that a decision will not be made while the applicant is away.

Health and character checks may need to be repeated

The Department's policy says applicants should be counselled that deferring a Subclass 820 decision may mean health and character checks have to be done again, because under policy they are valid for no more than 12 months. A long absence can therefore add time and steps to the application.

What happens if the applicant does not return by the agreed date

If the applicant does not return by the agreed date, the policy says the delegate should write to the applicant explaining that a decision will be made and that, if they remain overseas, the visa will be refused under clause 820.411. The policy also says the applicant should be told that a refusal could only be reviewed if they are physically in Australia when the review application is made, that they would need another visa to return to Australia after the refusal, and that they may consider applying offshore for a Subclass 309 visa instead. When a Subclass 820 visa is refused, the associated Subclass 801 application is refused as well.

Can a Subclass 820 refusal be reviewed if the applicant is overseas?

No. A refusal of a Subclass 820 visa can only be taken to the Administrative Review Tribunal by an applicant who is physically present in Australia when the review application is made. This comes from subsection 347(3) of the Migration Act, as explained in the Department's policy on the Subclass 820 visa. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024, and the same physical presence requirement applies.

This rule turns a partner visa long overseas absence into a serious risk if a refusal is made during the absence. The applicant may lose the review right altogether, because review deadlines are short and strictly applied, and the applicant may not be able to return to Australia within the time allowed. For that reason, an applicant who is overseas and learns that a decision is close, or who receives a request for information or a natural justice letter, should get advice immediately. The guides on partner visa refused appeal options and what to expect at an ART review explain the review process, and the firm's partner visa refusals page explains how a refusal is assessed.

Where must the applicant be when the Subclass 801 visa is granted?

The applicant can be in Australia, but not in immigration clearance, or outside Australia when the Subclass 801 visa is granted. This is clause 801.411. For a Subclass 820 visa holder, a partner visa long overseas absence before the permanent stage is therefore not a location problem in the same way it is before the temporary visa is granted.

The Subclass 820 visa itself supports travel. Under clause 820.511, it is a temporary visa permitting the holder to travel to, enter and remain in Australia until the Subclass 801 application is decided or withdrawn. No conditions may be imposed on a Subclass 820 visa under subdivision 820.6.

The relationship is still assessed again

Clause 801.411 removes the location problem, but it does not remove the relationship test. The Department's policy for the Subclass 801 visa says that, before grant, the applicant must show they continue to be the spouse or de facto partner of the sponsor, and that this is a fresh assessment based on the evidence before the decision maker at the time of decision. Under paragraph 801.221(2)(d), at least two years must generally have passed since the combined application was made before the Subclass 801 visa can be granted, subject to limited exceptions. A partner visa long overseas absence that happens during those two years will be visible in the evidence at the permanent stage, and it must be explained.

Review of a Subclass 801 refusal also requires presence in Australia

The Department's policy for the Subclass 801 visa says that an application for merits review of a Subclass 801 refusal may only be made while the applicant is physically present in the migration zone. It also says that, if the applicant is outside Australia and a refusal is made, the applicant will be unable to apply for merits review. For that reason, the policy allows a delegate to defer a decision for a short period, up to three months, where the applicant is overseas and has not been in contact, to allow time for the applicant to contact the Department or return. A Subclass 820 holder who will be away for a long period should therefore keep contact details current and respond quickly to any request.

What happens to a Bridging visa A when you leave Australia?

A Bridging visa A ceases to be in effect when the holder leaves Australia. This is subsection 82(8) of the Migration Act. The Department's policy on the Bridging visa A says that a Bridging visa A is a visa to remain in Australia, that it ceases when the holder leaves, and that a Bridging visa A that ceased in this way cannot be reactivated under subsection 68(4) of the Act. The Bridging visa A guide explains the visa in more detail.

Why this matters for a partner visa long overseas absence

Most onshore partner visa applicants hold a Bridging visa A while the Subclass 820 application is processed. If such an applicant leaves Australia without a Bridging visa B, the Bridging visa A ceases and there is no visa that allows them to return. They would need to obtain another visa to travel back to Australia, and that visa would be granted only if its own criteria were met. Some visas carry conditions that can affect what the applicant can do in Australia afterwards, including a No Further Stay condition such as 8503. The application itself remains pending, but the applicant is overseas, and clause 820.411 still requires them to be in Australia at grant.

Status on return must be checked

An applicant who returns on a different visa after the Bridging visa A has ceased should have their immigration status checked before that visa ends. The earlier Bridging visa A does not come back into effect. The guide to work rights while waiting for a Subclass 820 visa explains how bridging visas affect day to day life, and the Schedule 3 criteria guide explains why status at the time of application matters for applicants who were unlawful or held no substantive visa.

How does a Bridging visa B help with a partner visa long overseas absence?

A Bridging visa B allows an applicant whose substantive visa application has not been finally determined to leave Australia and return during a travel period, while remaining lawful in Australia. The Department's policy describes its purpose as allowing a non-citizen who has substantial reasons for leaving and re-entering Australia, and who has a substantive visa application that is not finally determined, to travel to and re-enter Australia. A Bridging visa B is not a substantive visa.

Substantial reasons for travel

Under subclauses 020.212(2) to (5) of Schedule 2, the decision maker must be satisfied that the applicant's reasons for wishing to leave and re-enter Australia are substantial, both when the Bridging visa B application is made and when it is decided. Caring for a seriously ill parent, a work obligation, study, or a family emergency are the kinds of reasons that support a Bridging visa B for a partner visa long overseas absence. The policy also says that, if processing of the substantive visa is protracted, this can be a factor in assessing whether personal reasons for travel are substantial.

The travel facility period

The Bridging visa B permits travel either until a specified date or until a relevant cessation event, under Division 020.5. The policy says decision makers should ask for approximate departure and return dates and assess whether the requested period is consistent with the applicant's circumstances, in particular that the period of absence does not exceed the expected remaining processing time for the substantive application. The policy also notes that longer travel facility periods, such as 12 months, have been granted when processing times are lengthy and during the COVID-19 travel restrictions.

A Bridging visa B does not solve clause 820.411

A Bridging visa B allows the applicant to travel and return. It does not change clause 820.411. If the Subclass 820 application is ready for decision while the applicant is overseas on a Bridging visa B, the applicant is still outside Australia, and the deferral policy described above applies. A partner visa long overseas absence on a Bridging visa B is therefore safer than an absence without one, but it is not risk-free. The Bridging visa B should be applied for well before departure, and the return should be planned within the travel period granted.

A hypothetical example

Consider a hypothetical applicant who holds a Bridging visa A and whose mother overseas becomes seriously ill. The applicant obtains a Bridging visa B with a travel period of several months, supported by medical evidence. The sponsor stays in Australia for work, visits once, and sends regular payments towards the mother's care. The couple speak every day and keep a written plan for the applicant's return when the mother's treatment ends. Midway through the absence, the treatment is extended. The applicant notifies the Department of the change, provides updated medical evidence, and returns before the travel period ends.

In this example, the partner visa long overseas absence is explained, evidenced and finite. Compare the same applicant leaving on a Bridging visa A without telling anyone, losing contact with the sponsor for weeks, and still being overseas when the case officer is ready to decide. The relationship may be identical. The legal position is completely different.

What evidence should you keep during a partner visa long overseas absence?

During a partner visa long overseas absence, couples should keep evidence of four things: regular contact, visits, financial support, and concrete plans to reunite. They should also keep evidence of the reason for the absence and of every attempt to return. This evidence is what allows the decision maker to accept that the separation is temporary and that the relationship remains genuine and continuing.

Evidence of contact

Contact evidence should show the pattern of communication across the whole absence, not a few screenshots from one week. Call logs, video call histories and message records that show regular contact over months are useful. A selection across the period is better than hundreds of pages from one day. Contact that continues through difficult events, such as a parent's surgery or a job loss, is strong evidence of emotional support.

Evidence of visits

Where one partner visits the other during a partner visa long overseas absence, keep boarding passes, booking confirmations, passport stamps where available, photographs with dates, and evidence of time spent with the other partner's family. Visits show that the couple chose to spend money and time on the relationship while apart.

Evidence of financial support

Keep bank records of regular transfers, evidence of bills paid for the shared home, insurance and superannuation records naming the other partner, and any payments towards the cause of the absence, such as medical costs for a family member. Each kind of payment should be explained in the relationship statement so the decision maker understands why the money moved.

Evidence of plans to reunite

Plans to reunite are the most direct evidence that a separation is temporary. Useful documents include a return flight booking, the end date of a contract or course, a lease that the couple kept or renewed for their return, emails arranging a move, and medical evidence of the expected end of a family member's treatment. The Department's policy places the onus on the applicant to show that the couple will live together in the future. These documents are how that onus is met.

Evidence of the reason for the absence

Keep the documents that explain why the absence happened and why it lasted as long as it did: medical reports, employment contracts, enrolment letters, travel restriction notices and cancelled flight records. Where the reason changed during the absence, keep evidence of the change.

Keep the Department informed

Under section 104 of the Migration Act, applicants must tell the Department in writing if a change in circumstances means an answer in the application has become incorrect. A change of address during a partner visa long overseas absence may need to be notified. The guide on Form 1022 change of circumstances explains when a change must be notified, and the Department's policy refers to Form 929 for changes of contact or passport details. Couples who have not yet set up online access can follow the guide on how to create an ImmiAccount. The partner visa document checklist and the 820 partner visa evidence checklist explain what is usually gathered for the application as a whole.

How to explain a partner visa long overseas absence in the relationship statement

A partner visa long overseas absence should be explained in the relationship statement by describing when the absence started, why it happened, how long it lasted or is expected to last, how the couple stayed connected, and when and how they will live together again. A partner visa has one relationship statement, written in the couple's own words. It is not divided into separate statements for each aspect of the relationship.

What the explanation should cover

The explanation should give dates that match the travel records and the application forms. It should explain who made the decision for the absence and why. It should describe how the couple supported each other during the period, how they shared money, and what they did when they were together. It should also describe the plan to reunite and anything that delayed it. The guide to the partner visa relationship statement explains how the statement is written.

Consistency with every other document

The dates and addresses in the relationship statement must match the application, Form 80, the Form 888 statements and the travel history held by the Department. A partner visa long overseas absence described as three months in the statement but shown as nine months in movement records creates a credibility problem that can affect the whole application. The statement is the couple's own evidence. A lawyer can review it, identify gaps and inconsistencies and ask questions, and the couple then correct and confirm their own account. The guides to Form 888 example answers and common mistakes and to preparing evidence of a genuine relationship explain how supporting evidence fits with the statement.

Risks that can turn a partner visa long overseas absence into a refusal

The main risks that turn a partner visa long overseas absence into a refusal are being outside Australia when the Subclass 820 decision is made, losing a Bridging visa A without a plan to return, a separation with no evidence of a realistic end, a drop in contact or support during the absence, and inconsistencies between the explanation and the records.

A decision made while the applicant is overseas

This is the most serious risk. Clause 820.411 requires presence in Australia at grant, and subsection 347(3) requires presence in Australia to apply for review. An applicant who is overseas when the Department decides may face a refusal that cannot be reviewed. The most common Subclass 820 refusal reasons guide explains other grounds that can arise at the same time.

A request from the Department during the absence

Where the Department has concerns, it may ask for more information under section 56 or invite comment on adverse information under section 57. A request received during a partner visa long overseas absence must still be answered within the time given. The guides on responding to a section 56 request and the s57 natural justice letter for a partner visa explain each step.

A relationship that changes during the absence

Sometimes a long absence reveals that the relationship has ended. If the relationship breaks down, the position is very different, and the guide on what happens if the relationship breaks down applies. Where family violence is involved, the family violence provisions may be relevant. Couples who are still together but whose contact became thin during the absence should explain why, rather than leave the gap for the decision maker to interpret.

Same-sex couples and couples who cannot live openly overseas

Same-sex couples may face added difficulty during a partner visa long overseas absence if the relationship cannot be openly acknowledged in the other partner's country. The Department's policy recognises that the laws or traditions of a home country may discourage a couple from openly admitting a relationship. The same-sex partner visa page explains how the firm approaches these cases.

What Tribunal decisions show about a partner visa long overseas absence

Tribunal decisions show that long separations are examined closely, and that a well evidenced separation can still support a genuine and continuing relationship. The cases below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision. They do not mean any later outcome was a grant.

Onshore cases involving time apart

In Harris (Migration) [2018] AATA 4904, a Subclass 820 matter, the recorded issues were a genuine and continuing relationship, a separation and reconciliation, a new partner visa application, and a long distance relationship due to the applicant's work. In Ryu (Migration) [2026] ARTA 840, also a Subclass 820 matter, the recorded issues included a relationship registered with Births, Deaths and Marriages, a period of living together followed by living separately, and the couple spending time with each other at both homes.

Couples living in different countries

In Omari (Migration) [2021] AATA 2422, a Subclass 309 matter, the recorded issues included significant financial support and visits to the applicant's home country, and social activities when together and communication when separated. In Tran (Migration) [2024] AATA 3915, the recorded issues included substantial joint finances despite living in different countries, and the sponsor's multiple visits despite business obligations and COVID-related restrictions. In Singh (Migration) [2018] AATA 5925, the recorded issues included the sponsor financially supporting the applicant and the couple living in separate countries for the past 10 years. In 1717900 (Migration) [2019] AATA 6644, the issues recorded included a high level of companionship and emotional support despite physical separation, and joint ownership of assets.

Separation caused by circumstances

In 1819561 (Migration) [2022] AATA 2356, the recorded issues included a lesser level of face-to-face contact because the parties lived in separate countries, and the sponsor's medical condition. In Ahmed (Migration) [2024] AATA 2096, the issues recorded included a delay in processing the visa and a long and difficult separation. In Koroma (Migration) [2026] ARTA 200, the recorded issues were limited financial, household and social aspects of the relationship while the couple lived in different countries. Together, these decisions show that contact, visits, financial support and the reason for the separation are the issues that decide how a partner visa long overseas absence is viewed. A visa appeal lawyer can assess whether a refusal is worth taking further.

How My Migration Lawyers helps with a partner visa long overseas absence

My Migration Lawyers helps couples plan a partner visa long overseas absence before it begins, manage it while it is happening, and explain it to the Department afterwards. The firm deals with complex cases and acts in many partner visa matters where one partner must spend months overseas, whether to care for a parent, to work, to study or because travel was disrupted. It is capable of handling the location, bridging visa and relationship issues together, which is where these matters are usually won or lost.

Before the absence begins

Before a partner visa long overseas absence, the firm reviews where the application is in processing, which bridging visa the applicant holds, and whether a Bridging visa B is needed. It advises on the risk under clause 820.411, the evidence the Department is likely to want for the reason for travel, and what the couple should keep while apart. The firm obtains the applicant's immigration history itself, so the couple can focus on the evidence only they can provide.

During the absence

While the applicant is overseas, the firm keeps the Department informed of relevant changes, responds to requests for further information, and, where the absence must be extended, prepares a request that the Department defer its decision, supported by evidence of the reason and the planned return. Where the firm is appointed, it lodges Form 956 so the Department corresponds with the firm, which means correspondence is not missed while the applicant is away.

After the absence, or after a refusal

After a partner visa long overseas absence, the firm reviews each partner's relationship statement and the Form 888 statements to make sure the absence is explained consistently, and the couple correct and confirm their own accounts. Where a refusal has already been made, the firm assesses review options quickly, because presence in Australia and short deadlines decide whether review is possible. The firm also advises on related issues such as Schedule 3 waivers, the Schedule 3 partner visa waiver and a partner visa after a visa refusal, as well as broader visa refusals.

When couples come to the firm

Some couples come before departure. Some lodged their own application and want it checked before the absence, which is covered in the guide to hiring an immigration lawyer after lodging your own application. Some want a second opinion from an immigration lawyer. Others need urgent immigration lawyer advice because a decision is close and the applicant is overseas. The guides on when you need an immigration lawyer for a partner visa, what a partner visa lawyer does, what an immigration lawyer does, a partner visa lawyer compared with doing it yourself and the factual differences between a migration agent and an immigration lawyer explain the wider role. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.

Who leads the work

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page, the partner visa lawyers page and the My Migration Lawyers home page. The firm acts for couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video, which suits couples where one partner is already overseas. Couples comparing firms can read the guide to choosing the best partner visa lawyer in Australia.

Book a consultation about a partner visa long overseas absence

If a partner visa long overseas absence is planned, has already started, or has gone on longer than expected, the right time to get advice is before the Department makes its decision. Book a Consultation with My Migration Lawyers to have your travel, bridging visa and relationship evidence reviewed together. You can also call 1300 040 300.