Partner Visa Income Requirements

Is there a partner visa income requirement in Australia?

No. There is no partner visa income requirement in Australia. The Migration Regulations 1994 do not require the applicant or the sponsor to earn a minimum income, hold a minimum amount of savings, or show a particular salary before a partner visa can be granted. This applies to the onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 prospective marriage visa.

The question of a partner visa income requirement is one of the most common worries couples bring to a first consultation. Many couples delay applying for months or years because they believe the sponsor must earn a certain amount first. Others worry that the applicant cannot apply because they have no job, are studying, or have been out of work. In most cases, that worry is based on a rule that does not exist for partner visas.

This guide explains why there is no partner visa income requirement, where the belief comes from, what the sponsor actually promises when sponsoring a partner, whether an assurance of support applies, and how low income, unemployment, study, Centrelink payments and one-earner households are viewed. It also explains what really decides a partner visa, so couples can focus on the matters that the law actually tests. For the wider picture, the complete guide to partner visas in Australia sets out every stage of the process.

The short answer for couples

If you are asking whether you earn enough for a partner visa, the legal answer is that the partner visa income requirement is a myth. The decision maker does not compare your income against a figure. The decision maker asks whether you and your partner are in a genuine and continuing relationship, whether the sponsor can be approved, and whether the applicant meets the health, character and other criteria. Your finances matter as evidence of the relationship, not as a test of wealth.

Why getting this right matters

Believing in a partner visa income requirement can cause real harm. Some couples wait to apply while a visa runs out, which can create problems under Schedule 3 if the applicant becomes unlawful. Others overstate income, open accounts just before lodging, or ask a relative to act as a financial guarantor that the law does not require. Each of these can make the application weaker, not stronger. A partner visa lawyer can usually resolve the question in a single consultation, so that the couple can move forward on the correct basis.

What the law actually requires for a partner visa

The law requires a partner visa applicant to be the spouse or de facto partner of an eligible sponsor, to be sponsored by that person, to have that sponsorship approved, and to satisfy the health, character and other public interest criteria. There is no partner visa income requirement among these criteria. Each partner visa subclass has its own criteria in Schedule 2 of the Migration Regulations 1994, but none of them sets an income or savings threshold.

The relationship requirement

The centre of every partner visa is the relationship. For married couples, section 5F of the Migration Act 1958 defines a spouse relationship. For de facto couples, section 5CB defines a de facto relationship. In both cases, the couple must have a mutual commitment to a shared life to the exclusion of all others, the relationship must be genuine and continuing, and the couple must live together or not live separately and apart on a permanent basis.

Subregulation 1.15A(3) for married couples and subregulation 1.09A(3) for de facto couples list the matters the decision maker considers: 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. The partner visa relationship evidence guide explains how these four matters are proved. The financial aspect is the only place where money enters the relationship assessment, and it does not contain an income figure.

The sponsorship requirement

For a Subclass 820 visa, paragraphs 820.211(2)(c), 820.211(5)(f) and 820.211(6)(c) require the applicant to be sponsored by their spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Subclause 820.221(4) then requires that sponsorship to be approved and still in force at the time of decision. For the offshore Subclass 309 visa, clause 309.213 deals with sponsorship at the time of application and subclause 309.222(1) requires approval at the time of decision.

Sponsorship approval is limited by regulations 1.20J, 1.20KA, 1.20KB and 1.20KC. These deal with previous partner sponsorships, sponsors who hold certain Contributory Parent visas, sponsors with certain offences where children are involved, and sponsors with a significant criminal record for relevant offences. None of these regulations creates a partner visa income requirement. The sponsorship limitations page and the guide on when a sponsor cannot sponsor a partner visa explain how they operate.

Health, character and other public interest criteria

The applicant must also satisfy public interest criteria. For the Subclass 820 visa, clause 820.223 lists public interest criteria including 4001, 4002, 4003, 4004, 4007 and 4009, with 4019 for applicants who had turned 18 at the time of application, and clause 820.226 adds 4020 and 4021. These cover character, security, debts to the Commonwealth, health, the values statement, the integrity of information provided and the passport requirement. Public interest criterion 4004, which deals with debts to the Commonwealth, is the only one with a direct financial element, and it is discussed later in this guide. It is not a partner visa income requirement.

What is not on the list

Reading the criteria as a whole confirms the point. There is no minimum salary. There is no minimum bank balance. There is no requirement for the sponsor to be employed. There is no requirement for the applicant to have a job offer. There is no requirement to own property. The Subclass 820 visa explained and the 820 visa requirements guide set out the full list of criteria, and couples who read them will not find a partner visa income requirement anywhere in them.

Why do people believe there is a partner visa income requirement?

People believe there is a partner visa income requirement because other Australian family visas do assess the sponsor's finances, because some of those visas require an assurance of support, because the partner sponsor gives an undertaking about support, and because other countries' spouse visa systems may have income rules. Each of these is real in its own context. None of them creates a partner visa income requirement in Australia.

Confusion with parent and other family visas

The Department's general family sponsorship form, Form 40, is used for visas such as parent, aged dependent relative, remaining relative and carer visas. The information on that form states that the Department will assess the financial and employment standing of the sponsor, and the availability and adequacy of accommodation, and that if the sponsor's obligations cannot be met, the sponsorship cannot be approved. Couples who read that form, or who hear about a relative's parent visa, often assume the same assessment applies to partners.

It does not. Partner visas use a different sponsorship form. The Department's procedural instruction for the Subclass 820 visa identifies the online form "Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)" as the approved sponsorship form for partner visas. The criteria for approving a partner sponsorship are the relationship and the limitations in regulations 1.20J to 1.20KC, not a financial standing test. This is one of the most widespread errors about partner visas, and it is the main source of the partner visa income requirement myth.

Confusion with the assurance of support

An assurance of support is a legal commitment by a person to repay certain recoverable welfare payments made to the migrant. It is mandatory for some family visas and discretionary for others. Because the assurance of support is about money, people often treat it as a partner visa income requirement. As explained below, partner visas are not on the lists published by Services Australia of visas with a mandatory or a discretionary assurance of support.

Confusion with the sponsor's undertaking

A partner sponsor does make promises to the Department, including about supporting the applicant. Couples sometimes read that undertaking as proof of a partner visa income requirement. An undertaking to support someone is not the same as a test of income. The undertaking is explained in the next part of this guide.

Confusion with other visas and other countries

Many skilled, business and student visas have financial criteria, such as evidence of funds or income thresholds for sponsors. Some other countries' spouse or partner visa systems also set minimum income levels. Couples who have researched visas widely, or who have friends who migrated elsewhere, often carry those rules over to an Australian partner visa. The Australian partner visa does not have that kind of rule. Couples comparing their options can read the guide on moving from a tourist visa to a partner visa in Australia, which explains the matters that actually need to be checked before applying onshore.

Confusion caused by the financial aspects of the relationship

Finally, the partner visa does look at money, through the financial aspects of the relationship. Couples who are told that "finances are assessed" often assume that means income is assessed. It does not. The financial aspects of the relationship are about how the couple share their financial lives. A couple on a modest income who pool what they have, share bills and support each other can show stronger financial aspects than a high-earning couple who keep everything separate and cannot explain why.

The sponsor's undertaking is not a partner visa income requirement

The sponsor's undertaking is a promise to support the applicant if support is needed. It is not a partner visa income requirement, and the sponsor does not have to prove a particular income to give it. When a sponsor completes the partner sponsorship, the sponsor makes undertakings to the Department, including about helping the applicant to settle and supporting the applicant with accommodation and financial assistance if the applicant cannot meet their own reasonable living needs.

The Department's general family sponsorship form describes the comparable undertaking in these terms: the sponsor is expected to provide adequate accommodation and financial assistance as required to meet the sponsored person's reasonable living needs if the sponsored person is not in a position to support themselves from their own resources. The key words are "as required" and "if". The undertaking is about willingness and responsibility. It is not a pre-condition that the sponsor earns a set amount at the time of application.

What the undertaking means in practice

In practice, the undertaking means that the sponsor accepts responsibility for their partner. That is consistent with the relationship itself. A couple in a genuine and continuing relationship would ordinarily support each other through periods of unemployment, illness or study. The undertaking puts that expectation in writing.

The undertaking also explains why the Department may ask questions if the sponsor withdraws support. A sponsor who withdraws sponsorship before the application is decided can cause the application to fail, because the sponsorship must be approved and in force at the time of decision. That is a relationship and sponsorship issue, not a partner visa income requirement. The guide on what happens if the relationship breaks down explains the options when that happens, and the family violence provisions may be relevant where the relationship ended because of family violence.

The sponsor does not have to be employed

A sponsor does not need to be employed to sponsor a partner. A sponsor who is retired, studying, caring for children, between jobs, running a small business that is not yet profitable, or receiving government payments can still be an eligible sponsor. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, must be in a genuine relationship with the applicant, and must not be prevented from sponsoring by regulations 1.20J to 1.20KC. A sponsor's employment history may be part of the relationship story, but it is not a partner visa income requirement.

Sponsors who have sponsored before

Sponsors who have previously sponsored a partner, or who were themselves sponsored as a partner, are more likely to face a real barrier than sponsors on a low income. Regulation 1.20J limits a person to two approved partner sponsorships, and also imposes a five year gap between sponsorships, and between being sponsored and sponsoring someone else. These limits can be waived in compelling circumstances. This is a far more common reason for a sponsorship problem than any concern about money, and it is often overlooked by couples focused on a partner visa income requirement that does not exist.

Does a partner visa need an assurance of support?

No. On the current published lists, a partner visa does not need an assurance of support. Services Australia lists the visas with a mandatory assurance of support as aged dependent relative, contributory parent or contributory aged parent, parent or aged parent, and remaining relative visas. It lists the visas with a discretionary assurance of support as adoption, child, former citizen, orphan relative and certain humanitarian entrant visas under the Community Support Program. Partner visas are not on either list.

What an assurance of support is

An assurance of support is a legal commitment by a person, called the assurer, to repay to the Australian Government certain recoverable welfare payments made to the migrant during the assurance period. For visas where it is mandatory, the assurance of support usually involves a bond managed by Services Australia. The assurer does not have to be the sponsor. Because the assurance of support involves money and the assurer's capacity to pay, it is the closest thing in the family visa program to an income test. That is why it is so often confused with a partner visa income requirement.

Why partner visas are treated differently

The difference fits the nature of a partner visa. A partner visa is based on a spouse or de facto relationship. The sponsor and applicant are expected to support each other as a couple, and the sponsorship undertaking already reflects that. Parent and other relative visas involve people who may not be able to work, and the assurance of support protects the welfare system in those cases. The partner visa program does not require the same protection, and it does not impose a partner visa income requirement through an assurance of support.

What to do if an assurance of support is mentioned

Couples should not lodge an assurance of support for a partner visa on their own initiative, and should not pay anyone to arrange one. If a person tells a couple that a partner visa needs an assurance of support, or if any correspondence appears to request one, the couple should get advice before responding. A second opinion from an immigration lawyer can confirm quickly whether the request applies to the visa actually applied for.

How the Department looks at money in a partner visa

The Department looks at money in a partner visa only through the financial aspects of the relationship, which ask how the couple share and organise their finances, not how much they earn. Under paragraph 1.15A(3)(a) for married couples and paragraph 1.09A(3)(a) for de facto couples, the decision maker considers any joint ownership of real estate or other major assets, any joint liabilities, the extent of any pooling of financial resources, whether one person owes any legal obligation in respect of the other, and the basis of any sharing of day-to-day household expenses.

None of these matters is a partner visa income requirement. A couple with no property, no loans and a modest income can still show strong financial aspects through shared bills, transfers between partners, shared rent and a clear explanation of how money is managed. The Department's policy notes that some couples keep separate accounts, and that in both joint and personal accounts there should be evidence of income or spending on shared costs such as utilities, rent or mortgage. That focus is on sharing, not on amount.

Financial interdependence, not financial capacity

The distinction between financial interdependence and financial capacity is the heart of the partner visa income requirement question. Financial capacity asks whether a person can afford something. Financial interdependence asks whether two people's financial lives are connected. Partner visas look at interdependence. Low income is not, in itself, a ground for refusing a partner visa. A decision maker may be concerned if the couple's finances show no connection at all and there is no credible explanation.

Where to read more about the financial aspects

This guide does not repeat the detail of how the financial aspects are evidenced. The partner visa document checklist, the 820 partner visa evidence checklist and the guide to preparing evidence of a genuine relationship set out the kinds of financial documents couples usually provide. The point for this guide is simpler: the financial evidence is there to show a shared life, not to meet a partner visa income requirement.

Low income, unemployment and one-earner households

Low income, unemployment and one-earner households do not by themselves prevent a partner visa, because there is no partner visa income requirement. What the decision maker needs is a consistent and credible picture of how the couple live and support each other on the income they have. The situations below are the ones couples ask about most often.

Households where only one partner earns

A household where only one partner earns is common and is not a problem in itself. Many couples decide that one partner will work while the other studies, cares for children, manages the home or looks for work. In that household, the financial aspects of the relationship are shown by how the earning partner's income is used for both partners. Rent paid from one account for the shared home, bills paid for both people, transfers to the non-earning partner, and the non-earning partner's access to funds all show financial interdependence.

The relationship statement should explain the arrangement in plain words. If the sponsor earns the income and the applicant manages the household budget, the statement should say so. If the applicant earns and the sponsor is studying, the statement should say that too. The partner visa relationship statement guide explains how the couple describe their own arrangements in their own words.

When the sponsor is unemployed

An unemployed sponsor can still sponsor a partner. There is no partner visa income requirement and no requirement for the sponsor to be employed. What matters is that the couple can explain how they meet their living costs, whether through savings, the applicant's income, family support, government payments or a combination. If the sponsor loses a job during processing, the couple should check whether that change makes any answer already given to the Department incorrect, because incorrect answers must be corrected. The guide on Form 1022 change of circumstances explains when a notification is required.

When the applicant has no income

An applicant with no income can still apply. This is common for offshore applicants for the Subclass 309 visa, who may have no Australian income at all, and for onshore applicants whose current visa does not allow work or limits work. Financial dependence on the sponsor is consistent with a genuine relationship. It can be good evidence of the financial aspects, because it shows that the sponsor treats the applicant's needs as shared costs. Onshore applicants who want to know about work while waiting can read the guide to work rights while waiting for a Subclass 820 visa and the Bridging visa A guide.

Students

A student can apply for a partner visa, and a student can sponsor a partner if the student is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. There is no partner visa income requirement that excludes students. Student couples often have limited income and irregular work. The financial aspects in those cases are shown by shared rent, shared bills, shared costs of study and support between the partners. Where the applicant currently holds a student visa, other issues may matter more, such as the visa's conditions and whether the applicant can apply onshore. The Subclass 820 visa with a no further stay condition guide explains one of those issues.

Couples on low income

Couples on a low income can be granted a partner visa. The decision maker does not compare the couple's income with an average wage or a poverty line. The decision maker looks at whether the couple genuinely share what they have. A low income that is pooled, spent on shared costs and openly explained is far better evidence of a genuine relationship than a higher income that is kept entirely separate without explanation. The absence of a partner visa income requirement means low-income couples should prepare their applications in the same way as everyone else, with full and honest evidence.

Self-employed couples and cash income

Self-employed couples, and couples paid partly in cash, sometimes worry that their income is hard to prove. Because there is no partner visa income requirement, proving the amount of income is not the issue. What matters is showing how the couple share money. Business records, tax returns, transfers from a business account to the household, and a clear explanation of how household costs are paid all help. Where income is irregular, consistency between the forms, the relationship statement and the documents becomes even more important.

Income earned overseas

Income earned overseas is treated the same way. A couple living apart while one partner works overseas may have income in two currencies and two banking systems. The financial aspects in that case are often shown by international transfers, payments for each other's costs and plans for shared finances once the couple live together. Couples applying offshore can read about the Subclass 309 visa and the separate assessment at the permanent stage, explained in the guide to Subclass 820 vs Subclass 801, which follows the same two-stage model as the offshore visas.

Centrelink payments and the partner visa income requirement

Receiving Centrelink payments does not prevent a partner visa, because there is no partner visa income requirement and no rule that the sponsor or applicant must be free of government support. A sponsor who receives payments from Services Australia can still sponsor a partner, and an applicant is not refused simply because the household relies in part on government support. The real Centrelink issues for a partner visa are consistency and debts, not income.

Consistency of relationship declarations

The Department's policy on the social aspects of the relationship refers to whether the relationship has been declared to government bodies and other institutions, and whether those bodies have accepted the declarations. Records held by Services Australia are one of those sources. If a partner receives a payment and is recorded as single for a period when the couple say they were living together in a relationship, the records do not match the application.

That mismatch is a far greater risk than a low income. A decision maker who sees two different accounts of the relationship will ask which one is true. If the partner visa application is correct, the earlier declaration to Services Australia may need to be dealt with. If the Services Australia record is correct, the relationship dates in the partner visa application may be wrong. Either way, the inconsistency must be identified and explained before it is found by the Department. Couples should never alter dates in a partner visa application to fit an earlier declaration, and should never alter an earlier declaration to fit a partner visa. The answer is advice on how to present the true history.

False information and public interest criterion 4020

Public interest criterion 4020, often called the integrity PIC, applies to partner visa applicants. It is concerned with false or misleading information and bogus documents given to the Department or to the Tribunal in relation to the application. Couples who think a partner visa income requirement exists sometimes inflate income, create payslips, or describe a job that does not exist. That is never necessary, because there is no partner visa income requirement to meet, and it can expose the applicant to refusal under public interest criterion 4020. Honest evidence of a modest income is always the better course.

Debts to the Commonwealth and public interest criterion 4004

Debts to the Commonwealth are the one area where money can directly stop a partner visa, under public interest criterion 4004. This criterion is not a partner visa income requirement. It asks whether the applicant has outstanding debts to the Commonwealth and, if so, whether appropriate arrangements have been made for payment. The Department's procedural instruction says a decision maker can be satisfied that appropriate arrangements have been made if the debt is paid in full or the person has entered into an approved instalment arrangement.

What counts as a debt to the Commonwealth

A debt to the Commonwealth is any amount owing to the Commonwealth, not only amounts owed to the Department of Home Affairs. The Department's instruction gives examples of debts owed to other Commonwealth agencies, including Australian Taxation Office debts and debts arising from Human Services payments. Debts owed to state governments, such as traffic fines and state hospital debts, are not debts to the Commonwealth for this purpose.

How public interest criterion 4004 affects partner visa applicants

Public interest criterion 4004 is listed for the primary applicant in clause 820.223 for the Subclass 820 visa, in subclause 801.224 for family members at the permanent stage, and in clause 100.222 for the Subclass 100 visa. An applicant who has a debt to the Commonwealth should deal with it before the decision, either by paying it or by entering into an approved instalment arrangement. The Department's instruction states that, as a matter of policy, a debt is generally expected to be paid in full before a visa is granted, and that failure to pay or to enter an acceptable arrangement will result in refusal.

This is very different from a partner visa income requirement. A couple with a low income and no debts has no issue under public interest criterion 4004. A couple with a high income and an unpaid Commonwealth debt may have a serious issue. The question is not how much the applicant earns, but whether the applicant owes money to the Commonwealth and has dealt with it.

What really matters instead of a partner visa income requirement

What really matters for a partner visa is the genuineness of the relationship, the consistency of the evidence, the sponsor's eligibility, the applicant's visa status and Schedule 3, and the health and character criteria. These are the matters that decide partner visa applications. Couples who spend time worrying about a partner visa income requirement are often overlooking one of them.

The genuine and continuing relationship

The relationship is the main test. The decision maker must consider all of the circumstances of the relationship, including the financial, household, social and commitment aspects. Strong, consistent evidence across the whole relationship matters far more than income. Supporting statements from people who know the couple are usually given on Form 888, which is a supporting witness statement, not a statutory declaration. The guide to Form 888 example answers and common mistakes explains how witnesses describe what they have seen.

The 12 month de facto requirement

De facto couples must generally have been in a de facto relationship for at least 12 months before applying, unless an exception applies, such as a registered relationship or compelling and compassionate circumstances. This rule causes far more refusals than finances. The guides on the de facto partner visa and the 12 month rule and on whether you really need 12 months of de facto relationship for a Subclass 820 visa explain the requirement and the exceptions.

Visa status and Schedule 3

For onshore applicants, the applicant's visa status at the time of application is critical. An applicant who does not hold a substantive visa when applying for a Subclass 820 visa may need to satisfy Schedule 3 criteria. Couples who delay applying because of a mistaken belief in a partner visa income requirement sometimes let the applicant's visa expire, which can turn a straightforward case into a Schedule 3 case. The Schedule 3 criteria guide, the guide to the Schedule 3 partner visa waiver and the firm's Schedule 3 waivers page explain what is involved. The bridging visas in Australia guide explains the status most onshore applicants hold while they wait.

Consistency across every form

The partner visa application, the sponsorship, Form 80, the relationship statements, the Form 888 statements, the documents and any interview answers must tell the same story. Employment details are part of that story. If the sponsor's employment is described one way in the sponsorship and another way in the relationship statement, the inconsistency matters even though there is no partner visa income requirement. Couples who are setting up their applications can read the guide on how to create an ImmiAccount before they start.

Health and character

The applicant must meet the health requirement and the character requirement. The sponsor's character can also matter under regulation 1.20KC, which allows a sponsorship to be refused where the sponsor has a significant criminal record for a relevant offence. These requirements can stop an application that has no financial issues at all.

Common mistakes caused by the partner visa income requirement myth

The partner visa income requirement myth leads couples into mistakes that can damage an application that would otherwise have been straightforward. The most common mistakes are set out below.

Delaying the application

The most damaging mistake is waiting to apply until the sponsor earns more. Delay can mean that the applicant's visa expires, that a condition such as 8503 becomes harder to manage, or that the couple's circumstances change in a way that complicates the case. There is no partner visa income requirement to wait for. The guide on how long a Subclass 820 partner visa takes and the guide on how long the partner visa 820 onshore process takes explain why an early, well-prepared application is usually better than a late one.

Overstating income or assets

Some couples overstate income, describe a business as larger than it is, or present money borrowed from family as their own savings. This is unnecessary and dangerous. Because there is no partner visa income requirement, overstated figures do not help, and any false information can create a credibility problem and risk under public interest criterion 4020.

Opening a joint account just before lodging

Couples who believe in a partner visa income requirement often open a joint account and deposit a large sum shortly before lodging. The Department's policy gives more weight to accounts operated with reasonable frequency over a reasonable period than to recently opened accounts with few transactions. A new account with one large deposit tells the decision maker very little about the relationship.

Bringing in a third-party guarantor

Some couples ask a parent or friend to sign a document promising to support the applicant, or to provide their own bank statements. For a partner visa, that is not required and can confuse the picture. If family members genuinely support the couple, that support can be described in the relationship statement, and family members can give Form 888 statements about the relationship, but a third-party financial guarantee is not a partner visa income requirement.

Leaving financial arrangements unexplained

The opposite mistake is assuming that because there is no partner visa income requirement, finances do not matter at all. They do matter as evidence of the relationship. A couple who give no financial evidence, or financial evidence that shows no connection between them, need to explain why. The guides on why partner visas get refused and the most common Subclass 820 refusal reasons show how unexplained gaps in the evidence lead to refusal.

Responding badly to a request for more information

If the Department has concerns, it may ask for more information under section 56 or invite comment on adverse information under section 57. A request for financial documents is not a sign that a partner visa income requirement applies. It is usually a request for evidence of the financial aspects of the relationship. The guides on responding to a section 56 request and the s57 natural justice letter for a partner visa explain how to answer.

What Tribunal decisions show about money and partner visas

Tribunal decisions show that financial dependence, low income and simple financial arrangements are considered as part of the relationship, not as a failure to meet a partner visa income requirement. The decisions 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 that any later outcome was a grant.

Dependence on one partner's income

In Gaspar (Migration) [2024] AATA 4055, a Subclass 820 matter, the recorded issues were that the applicant was wholly reliant on the sponsor's income to meet her day-to-day needs, and that the parties saw their relationship as a long-term commitment. In Thiruchelvam (Migration) [2023] AATA 4627, a Subclass 309 matter, the recorded issues were that the Tribunal accepted the marriage was valid and that the review applicant shared his financial resources with the visa applicant. These decisions show that one partner relying on the other's income is considered as part of the financial aspects of the relationship.

Support provided across borders and over time

In Singh (Migration) [2018] AATA 5925, a Subclass 309 matter, the recorded issues were a genuine spousal relationship, the sponsor financially supporting the visa applicant, the couple living in separate countries for the past ten years, and a widely recognised relationship. In Joe (Migration) [2024] AATA 3870, also a Subclass 309 matter, the recorded issues were that the parties were validly married, the financial contributions made by the review applicant over many years, and that they had a child together.

Simple arrangements and separate finances

In Phung (Migration) [2023] AATA 3642, a Subclass 820 matter, the recorded issues included the financial, household and social aspects of the relationship, the parties' ages and simple arrangements, and supporting statements. In Akker (Migration) [2020] AATA 482, a Subclass 309 matter, the recorded issues included separately managed finances and joint contributions to expenses. Together, these decisions show that the Tribunal looks at how the couple actually manage money, whatever their income. The guide to what to expect at an ART review explains the review process, and review deadlines are short and strictly applied. Couples with a refusal can read about their partner visa refused appeal options and when a visa appeal lawyer can help.

How My Migration Lawyers helps couples worried about a partner visa income requirement

My Migration Lawyers helps couples worried about a partner visa income requirement by confirming early that no income threshold applies, identifying the issues that really affect their case, and presenting their financial arrangements as clear evidence of a genuine relationship. The firm acts in many partner visa matters where the couple has a low income, a single earner, a student, a sponsor who is not working, Centrelink history or a Commonwealth debt to resolve, and it regularly handles complex cases where these financial questions sit alongside sponsorship limitations, Schedule 3 issues or a previous refusal.

What the firm does for couples with financial concerns

At the first consultation, the firm reviews the couple's circumstances and explains plainly that there is no partner visa income requirement, so the couple can stop waiting and plan properly. It then checks the matters that actually decide the case: the relationship history, the de facto 12 month rule where relevant, the sponsor's eligibility under regulations 1.20J to 1.20KC, the applicant's visa status and any Schedule 3 issue, and any debt to the Commonwealth that must be dealt with under public interest criterion 4004.

The firm then reviews the couple's financial records against the relationship statement and the forms. Where one partner earns and the other does not, where finances are kept separate, or where Centrelink records show a different relationship status, the firm identifies the issue and explains how the true position should be presented. Each partner's relationship statement remains their own evidence. The firm reviews it for gaps and inconsistencies, and the couple correct and confirm their own account. Where the firm is appointed to act, it lodges Form 956 so the Department corresponds with the firm, and it obtains the applicant's immigration history itself.

When couples contact the firm

Couples contact My Migration Lawyers at different points. Some come before applying, having been told wrongly that a partner visa income requirement applies. Some have lodged their own application and want it checked, which is covered in the guide to hiring an immigration lawyer after lodging your own application. Some are weighing whether to use a lawyer at all, and the guide on partner visa lawyer vs doing it yourself and the factual comparison of a migration agent vs immigration lawyer help with that choice. Others come after a partner visa refusal or a broader visa refusal, including couples considering a partner visa after a visa refusal. Where time is short, the guide to urgent immigration lawyer advice explains how to act quickly. Same-sex couples are assessed under the same rules, and the same-sex partner visa page explains the firm's approach.

Who leads partner visa work at the firm

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. The firm is an Australian immigration law firm, and more about it is on the About My Migration Lawyers page and the partner visa lawyers page. The guides on when you need an immigration lawyer for a partner visa, what an immigration lawyer does and choosing the best partner visa lawyer in Australia explain the wider role. My Migration Lawyers 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. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.

Book a consultation about the partner visa income requirement

If you have been waiting to apply because of a partner visa income requirement, or you are unsure how your income, study, unemployment or Centrelink history will be viewed, the right time to get advice is now, before a visa expires or a decision is made. Book a Consultation with My Migration Lawyers to have your circumstances reviewed and your financial arrangements presented as evidence of your relationship. You can also call 1300 040 300.