Key Takeaways
- Partner visa informal living arrangements are living situations where the couple share a home but have no lease, mortgage or bills in both names, such as living in one partner's home, a family home, a share house, a rented room or employer accommodation.
- The law requires a couple to live together or not live separately and apart on a permanent basis. It does not require a lease or bills in both names, so partner visa informal living arrangements can satisfy the household requirement if they are proved another way.
- The Department must consider the nature of the household, including living arrangements and the sharing of household tasks, together with the financial and social aspects and the nature of the commitment.
- Useful evidence includes government records showing the same address, mail to both partners, statements from landlords and household members, rent transfers, and evidence of how the household is run.
- Back-dated or created documents must never be used to fill the gap. An honest explanation supported by genuine evidence is always safer.
- My Migration Lawyers identifies and organises the evidence that proves partner visa informal living arrangements, and explains them clearly to the decision maker.
Partner visa informal living arrangements are living situations in which a couple share a home but do not have the usual documents in both names, such as a joint lease, a mortgage or utility bills. Partner visa informal living arrangements are very common. Couples live in one partner's own home, with parents or extended family, in a share house, in a rented room without a written lease, or in accommodation provided by an employer. None of these arrangements prevents a partner visa. The question is how to prove that the couple live together when the usual paperwork is missing.
This guide explains how the law treats partner visa informal living arrangements, what the Department looks for, the evidence that proves a shared home without a lease or joint bills, how to explain the arrangement, and what to avoid. For the wider picture, see our complete guide to partner visas in Australia. For advice on your own evidence, our partner visa lawyers can review it before you lodge.
Can partner visa informal living arrangements satisfy the law?
Yes. Partner visa informal living arrangements can satisfy the law, because the law requires a shared life, not a particular kind of document. For a married couple, section 5F of the Migration Act 1958 requires the couple to live together or not live separately and apart on a permanent basis, as well as a valid marriage, a mutual commitment to a shared life as a married couple to the exclusion of all others, and a genuine and continuing relationship. Section 5CB contains equivalent requirements for couples who are not married.
Nothing in those requirements says the couple must hold a lease together, own property together or receive bills in both names. Those documents are useful evidence, but they are not the requirement. A couple who live together in a home owned by one partner's parents, with no lease and no bills in their names, live together just as much as a couple with a joint lease. They need different evidence to prove it.
What the Department assesses about the household
The Department assesses the household as one of four aspects of the relationship. Under regulation 1.15A or regulation 1.09A of the Migration Regulations 1994, the decision maker must consider the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. The nature of the household includes the couple's living arrangements, any joint responsibility for the care and support of children, and the sharing of household responsibilities and housework.
The Department's policy is that the decision maker must consider all of the circumstances of the relationship and must not simply count which aspects are satisfied. Partner visa informal living arrangements that leave the household aspect thinly documented can still be accepted where the household is proved by other means and the other aspects are strong.
Living together and living arrangements are different questions
There are two related questions. The first is whether the couple live together, or are not living separately and apart on a permanent basis, under section 5F or section 5CB. The second is the nature of the household under regulation 1.15A or regulation 1.09A, which looks at how the couple's home life works. Partner visa informal living arrangements usually raise the first question, because the couple must prove where they live. They also raise the second, because the evidence should show how the household runs.
How decision makers read partner visa informal living arrangements
Decision makers read partner visa informal living arrangements by asking whether the evidence, taken together, shows that the couple share a home. They are not looking for a particular document. They are looking for consistency: the same address appearing in different records for both partners, over the same period, supported by people who know the household.
Where partner visa informal living arrangements are explained and supported, decision makers generally accept them. Many decision makers will themselves have seen countless couples living with family, in share houses or in one partner's home. What causes concern is not the informality but the gap: an application that claims the couple live together, provides no lease or bills, and offers nothing in their place.
Decision makers also look at the arrangement in the context of the whole relationship. Partner visa informal living arrangements in a long relationship with strong financial and social evidence will be read very differently from the same arrangements in a short relationship with little else. The household evidence should be as strong as the couple can honestly make it, but it does not have to carry the application alone.
Common myths about partner visa informal living arrangements
Several myths cause couples to worry unnecessarily about partner visa informal living arrangements.
A joint lease is required
It is not. The law requires the couple to live together or not live separately and apart on a permanent basis. A lease is evidence, not a requirement.
Living with family means the couple do not have their own household
A couple living in a family home can still share a household as a couple. The evidence should show their place in the home.
Bills in one name prove the other partner does not live there
Bills in one name are common. They prove the address of the named partner, and other evidence can prove the address of the other.
Cash rent cannot be proved
It can be proved by a statement from the person who receives it, receipts, and a consistent account. Moving to traceable payments going forward helps further.
Partner visa informal living arrangements will be refused
They will not be refused for being informal. They may be refused if they are not proved. The task is to prove them.
Partner visa informal living arrangements in regional and remote areas
Couples in regional and remote areas often have partner visa informal living arrangements, because housing may be provided with work, rented informally from local owners, or located on family properties. Mail may go to a post office box rather than a street address, and some services may not be available at the property. These circumstances should be explained in the statement. A letter from the property owner or employer, records using the post office box for both partners, and statements from neighbours or community members who know the couple can fill the gap. Partner visa informal living arrangements in remote areas are understood by decision makers when they are described plainly.
Common partner visa informal living arrangements
The most common partner visa informal living arrangements each raise their own evidence issues.
Living in one partner's own home
Where one partner owns or rents the home in their own name and the other partner moved in, the lease, mortgage and bills are usually in one name only. This is one of the most common partner visa informal living arrangements, and it is easily explained. The evidence should show the other partner living at the address, such as their own records at that address, and how the couple share household costs and tasks.
Living with parents or extended family
Many couples live with one partner's parents or extended family, often for cultural, financial or caring reasons. The home is owned or rented by the family, and the couple may contribute informally. Statements from family members in the household, describing the couple's place in it, are central evidence. The Department's policy accepts that couples live in many different household structures.
Share houses and rented rooms
Couples in share houses, or renting a room in someone else's home, may have no written lease, or a lease in another person's name. Rent may be paid in cash or by transfer to a housemate. Statements from the head tenant, landlord or housemates, and records of rent payments, help prove the arrangement.
Employer or work accommodation
Some couples live in accommodation provided by an employer, such as on a farm, at a remote work site, or in staff housing. The employer's records and a letter from the employer confirming the couple's residence can be strong evidence.
Living in a property owned by a relative
A couple who live rent-free in a house owned by a relative, or pay a token amount, may have no documents about the arrangement. A letter from the owner, together with evidence of the couple's records at the address, can prove it.
Moving between addresses
Some couples move frequently, house-sit, or stay with different relatives for periods. These arrangements are harder to prove, but not impossible. A clear timeline with evidence for each period is essential.
When the couple started living together
Partner visa informal living arrangements often make it hard to pin down when the couple started living together. Without a lease start date, the move may have happened gradually: one partner stayed a few nights a week, then most nights, then moved their belongings. That is normal, but the application must give a date, and that date must be consistent across the forms, the statement and the evidence.
The couple should choose the date that best reflects when they began sharing a home as a couple, and explain how they arrived at it. Evidence such as a change of address on a record, a statement from the person who owns the home, or the date a partner stopped paying rent elsewhere can anchor it. Where the move was gradual, the statement should describe the transition honestly. A precise but unsupported date is less persuasive than an approximate date with a clear explanation.
Why the reason for the arrangement matters
The reason for partner visa informal living arrangements matters because it explains the gap in the documents. A couple who live with parents to save for a home, a couple who share a house because of rental costs, a couple who live in one partner's long owned home, and a couple who live on a farm where housing comes with work all have ordinary, understandable reasons. Stating the reason helps the decision maker see the arrangement as part of normal life rather than as something unusual.
The reason should be specific and true. It should also fit the rest of the evidence. A couple who say they live with family to save money should show some evidence of saving. A couple who say they live in employer housing should show the employment.
Why partner visa informal living arrangements attract questions
Partner visa informal living arrangements attract questions because the documents a decision maker expects to see are missing. A decision maker reviewing an application without a joint lease or joint bills may wonder whether the couple really live together. If the application does not explain the arrangement, the decision maker may conclude that the couple have not proved the household aspect, or even that they do not live together at all.
The answer is to explain the arrangement and fill the gap with other genuine evidence. A short explanation in the relationship statement, followed by evidence that shows both partners at the same address over time, removes the doubt. Our guide to partner visa relationship evidence explains the household aspect alongside the others.
Evidence that proves partner visa informal living arrangements
The evidence that proves partner visa informal living arrangements shows that both partners live at the same address, over time, and that they run a household together. No single document needs to do all of that. A combination of records, each showing part of the picture, is usually enough.
Government records at the same address
Records held by government agencies are strong evidence, because they are created for other purposes and are hard to fabricate. Useful records include driver licences, vehicle registration, tax records, health insurance records, electoral enrolment where the partner is eligible, and correspondence from government agencies, all showing the same address for both partners. Where the dates of address changes can be shown, they help establish when the couple began living together.
Mail and correspondence
Mail addressed to each partner at the same address, over a period, shows that both live there. Bank statements, insurance documents, letters from employers, medical appointment letters and subscriptions are all useful. Mail addressed to both partners jointly is particularly valuable.
Statements from landlords, owners and household members
Where there is no lease in the couple's names, a statement from the person who owns or controls the home is often the most direct evidence. A letter from a landlord, head tenant, family member who owns the home, or employer confirming that the couple live there, since when, and on what terms, fills the gap left by the missing lease. Where the writer is an Australian citizen, permanent resident or eligible New Zealand citizen, the statement can be given as a Form 888 statement. Our article on Form 888 example answers and common mistakes explains what each statement should contain.
Rent and household payments
Records of rent payments, even informal ones, help prove partner visa informal living arrangements. Transfers to a landlord, head tenant or family member, labelled as rent or board, show regular contribution to the household. Where rent is paid in cash, a statement from the recipient and, if possible, receipts help.
Household costs and shared expenses
Evidence of how the couple share household costs, such as one partner paying the bills and the other paying for groceries, or transfers between them to cover shared expenses, shows the nature of the household even where the bills are in one name. Our guide to preparing evidence of a genuine relationship explains how financial and household evidence fit together.
Contents insurance and other policies
A contents insurance policy covering both partners' belongings at the address, a car insurance policy listing both drivers at the address, or a health insurance policy covering both, are useful.
Delivery and service records
Online shopping deliveries, food delivery accounts, phone or internet services and gym memberships showing the address can add small pieces of evidence that build a picture over time.
Photographs of the home
Photographs of the couple in their home, at family occasions there, or with the household, support the other evidence, though they are rarely enough on their own. Used together with records and statements, they help a decision maker picture partner visa informal living arrangements as a real home rather than an address on a form.
Explaining partner visa informal living arrangements in the relationship statement
The relationship statement should explain partner visa informal living arrangements clearly and early. Our guide to the partner visa relationship statement explains its structure. The explanation should cover:
- where the couple live, and who owns or controls the home;
- when the couple began living there together;
- why there is no lease or bills in both names;
- whether and how the couple pay rent or contribute to the household;
- who else lives in the home, if anyone;
- how household responsibilities are shared; and
- any previous addresses during the relationship, with dates.
A short, factual explanation, followed by references to the evidence, is enough. The statement should not overstate the arrangement. If the couple share a room in a family home, the statement should say so, not describe the home as theirs.
Partner visa informal living arrangements with family
Partner visa informal living arrangements with family are common and accepted. In many families, newly married couples live with parents, and in some cultures this is expected. Couples may also live with family to save money, to provide care, or because of housing costs.
The evidence should show that the couple live together within the family household as a couple. Statements from parents or other family members in the home are important. They should describe the couple's room or part of the house, how long they have lived there, what they contribute, and how they are treated by the family. Evidence that mail and records for both partners go to the family address supports the statements. Photographs of family occasions at the home that include the couple can also help.
Published Tribunal decisions include matters where the applicant lived with the sponsor's family. The arrangement is not a weakness if it is explained and proved.
Partner visa informal living arrangements and caring for relatives
Some couples have partner visa informal living arrangements because they live with and care for an elderly parent, a relative with a disability or a family member who is unwell. The couple may have moved into the relative's home, or the relative may have moved into theirs, with the documents in the relative's name. Caring arrangements of this kind are part of the nature of the household and can show the couple's shared responsibilities and commitment. The statement should describe the caring role each partner plays, and evidence such as statements from the relative, other family members or health professionals can support it. Care should be taken to include only the personal information that is relevant.
Partner visa informal living arrangements in shared accommodation
Partner visa informal living arrangements in shared accommodation, such as a share house or a rented room, raise particular questions because other people live in the home. A decision maker may ask whether the couple share a room, how they relate to the other residents, and whether they are simply housemates.
The evidence should show that the couple live together as a couple within the shared house. Statements from housemates or the head tenant, describing the couple's arrangement, are valuable. Evidence of rent payments for the couple's share, and evidence of how the couple share costs between themselves, helps. The statement should explain why the couple live in shared accommodation, such as cost or location, and any plans to move to their own home.
Household tasks and daily life
The nature of the household includes the sharing of household responsibilities and housework, and this is where partner visa informal living arrangements can be shown in practical terms even without documents. The relationship statement should describe who cooks, cleans, shops, manages appointments, cares for children or relatives, and maintains the home. Where the couple live with family, it should describe their share of the household's work.
These descriptions should be specific and consistent between the partners, because they may be tested at interview. A decision maker reading a detailed and consistent account of daily life in the home, supported by statements from people who live there or visit often, will usually accept that the couple share a household, whatever the paperwork shows.
When only one partner is on the lease or title
Where one partner is on the lease or owns the home and the other is not, the arrangement is easily explained, but the evidence must show the second partner living there. A letter from the landlord acknowledging that the second partner lives at the property is useful, and many landlords will add a partner to the lease on request. Where one partner owns the home, evidence of the other partner's contribution to the mortgage, rates or upkeep, or a will or other document reflecting the shared home, can strengthen the household evidence.
The couple should consider whether to add the second partner to the lease or bills going forward. That is not required, and it should not be done in a way that misrepresents when the arrangement began. But a lease or bill that genuinely reflects the current household is useful evidence from the date it starts.
Partner visa informal living arrangements where one partner owns the home
Where one partner owns the home, the title, mortgage, rates and bills are usually in that partner's name. This is one of the most common partner visa informal living arrangements, especially where the owning partner bought the home before the relationship. It is not a problem, but the evidence should show that the other partner lives there and that the couple treat it as their shared home.
Useful evidence includes the non-owning partner's records at the address, evidence of contributions to the mortgage, rates, insurance, maintenance or household costs, and any document that reflects the shared home, such as a will, a life insurance nomination or a written agreement about the property. Where the couple have discussed adding the other partner to the title, or have made plans for the property together, the statement can describe that. The relationship statement should explain why the home is in one name, which is usually simply because it was bought before the relationship.
Building a paper trail going forward
Couples with partner visa informal living arrangements can build a genuine paper trail going forward without misrepresenting the past. Simple steps include updating both partners' addresses with banks, employers, government agencies and insurers; paying rent or board by bank transfer with a clear description; adding the second partner to the lease or bills where the landlord or provider agrees; taking out contents insurance covering both partners; and arranging for joint correspondence where possible.
Each of these steps creates evidence from the date it happens. None of them should be back-dated or presented as older than it is. Over the life of a partner visa application, including the permanent stage, a paper trail built in this way can transform the household evidence.
What to avoid with partner visa informal living arrangements
Some responses to the lack of documents do more harm than good.
Back-dated or created leases
A lease prepared after the event and dated as if it was signed earlier, or a lease created only for the visa when no such arrangement exists, must never be provided. A document that is not what it claims to be may be treated as a bogus document, and information that is false or misleading in a material particular can engage public interest criterion 4020. The consequences can extend beyond the current application. A new lease that genuinely reflects a current arrangement can be provided, dated correctly.
Changing addresses only for the visa
Updating records to a shared address shortly before lodgement, when the couple do not in fact live there, is misleading. Address records should reflect where each partner actually lives.
Overstating the arrangement
Describing a shared room in a family home as the couple's own house, or a short stay as a long term home, creates inconsistencies that a decision maker will find.
Saying nothing
Leaving the decision maker to discover that there is no joint lease or bills, without explanation, invites doubt. A short explanation costs nothing and removes the question before it is asked.
The My Migration Lawyers Difference
Affordable Fees
Complex Matter Capability
Instalment Payment Options
Two-Day Cooling-off Period
Partner visa informal living arrangements when the couple are not yet married
Couples who are not married are assessed under section 5CB, which also requires the couple to live together or not live separately and apart on a permanent basis, and under regulation 1.09A, which contains the same four aspects of the relationship. Partner visa informal living arrangements are assessed in the same way for these couples. The same evidence, explanations and cautions apply. Engaged couples who intend to marry and live together may instead consider the Subclass 300 prospective marriage visa, where the questions about living arrangements are framed around the couple's intention to live together after marriage.
Moving house during processing
Couples with partner visa informal living arrangements often move during processing, for example from a family home to their own rental, or from a share house to a home of their own. A change of address is a change in circumstances that must be notified to the Department. Our guide to Form 1022 explains how.
A move can strengthen the evidence. A couple who move from partner visa informal living arrangements into a home with a lease in both names can provide the new lease and bills, together with the earlier evidence. The timeline should show both addresses, with dates, so that the decision maker can see a continuous household across the move.
Partner visa informal living arrangements and children
Where the couple care for children together, the nature of the household includes joint responsibility for their care and support. Partner visa informal living arrangements do not change that. Evidence such as school and childcare records showing the household address, medical records, and statements about who cares for the children day to day, shows the household in a way that a lease cannot. Where children live with the couple in a family home, statements from family members can describe the couple's role as parents within the household.
Requests and natural justice letters about the household
If a case officer is not satisfied that the couple live together, they may request more information under section 56 of the Migration Act 1958. The request may ask for evidence of the shared address, or for an explanation of the living arrangements. A response should explain the partner visa informal living arrangements clearly, provide the evidence that exists, and identify why the usual documents do not. Our guide to responding to a section 56 request for more information explains the process.
Where the Department has adverse information, such as information suggesting that one partner lives elsewhere, it may send a natural justice letter under section 57. Our guide to the section 57 natural justice letter for a partner visa explains how to respond. Address records that conflict, for example a bank statement sent to an old address, should be explained specifically. Response periods are short.
Partner visa informal living arrangements and earlier visa applications
The addresses given in earlier visa applications, incoming passenger cards and other records must be consistent with the account of partner visa informal living arrangements in the partner visa application. Where an earlier application gave a different address for a period when the couple say they lived together, the difference must be explained. Couples with informal arrangements sometimes used a family member's address, or an old address, on official forms because it was more stable. That is understandable, but it should be stated.
Inconsistent addresses that are not explained can lead a decision maker to doubt that the couple lived together at all, and information that is false or misleading in a material particular can engage public interest criterion 4020. Checking every earlier form for address information before lodgement avoids that risk.
Interviews about the household
A couple with partner visa informal living arrangements may be asked about their home at an interview. Questions may cover who lives in the home, the layout, who pays for what, who does which household tasks, and the daily routine. Where the couple live with family or in a share house, the questions may cover the other residents. Each partner should be able to describe the home and household consistently. Preparation means reviewing the statement and evidence, not rehearsing answers.
Partner visa informal living arrangements at ART review
If a partner visa is refused because the decision maker was not satisfied that the couple live together, or about the nature of the household, the refusal can usually be reviewed by the Administrative Review Tribunal. The application for review must generally be made within 28 days after the day the person is notified of the decision, and that time limit cannot be extended. The ART decides the matter afresh, considers evidence at the time of its decision, and usually hears oral evidence from the couple and witnesses.
At review, a landlord, family member or housemate who can describe the partner visa informal living arrangements can give oral evidence. That can be persuasive where the documents are limited. Our partner visa refusals page, our guide to partner visa refused appeal options and our guide to what to expect at ART review explain the process. For refused visas generally, see our visa refusals page.
What Tribunal decisions show about informal households
Published Tribunal decisions show that households without conventional documents can be accepted where the evidence is credible and consistent. The decisions below were remitted, which means the Tribunal sent the matter back to the Department for reconsideration. A remittal is not a visa grant, and each decision turned on its own facts and evidence.
- Ho (Migration) [2023] AATA 405. A Subclass 820 matter following a Federal Circuit and Family Court remittal, involving a genuine and continuing relationship, financial pooling and shared accommodation with other co-tenants.
- Mahmoud (Migration) [2022] AATA 3265. A Subclass 309 matter involving a genuine and continuing relationship, a valid marriage in the home country, and the applicant living with the sponsor's mother.
- Le (Migration) [2019] AATA 3698. A Subclass 820 matter involving a genuine spousal relationship, the sharing of day to day household expenses, living arrangements and shared responsibility for housework.
- Monye (Migration) [2021] AATA 1966. A Subclass 820 matter involving a genuine and continuing relationship, a cooperative relationship, pooling of financial resources and household arrangements.
- Kaur (Migration) [2022] AATA 4537. A Subclass 820 matter involving a joint rental agreement, receipts for utilities and a child born of the relationship.
These decisions show that the Tribunal looks at how the household actually works. Co-tenants, family members and informal payments are not obstacles where the couple's shared home is properly explained.
Partner visa informal living arrangements and onshore validity
Where the applicant is in Australia, partner visa informal living arrangements are not the only issue to check. The applicant's visa conditions, such as condition 8503, and whether the applicant holds a substantive visa, affect whether an onshore application can be made. Our guides to the no further stay condition 8503, the Schedule 3 criteria and moving from a tourist visa to a partner visa explain these issues. Our pages on the Subclass 820 visa and the Subclass 309 visa explain the onshore and offshore pathways.
Partner visa informal living arrangements for same-sex couples
Same-sex couples sometimes have partner visa informal living arrangements because they could not openly live together in their home country or in front of family, or because they live with friends rather than family. Same-sex couples are assessed under the same law as any other couple, as our page on the LGBTI partner visa explains. Where a couple have had to keep their shared home discreet, the statement should explain why, and the evidence should come from the people who know them as a couple. Records showing both partners at the same address remain the most direct evidence of the shared home.
Partner visa informal living arrangements for offshore applicants
Applicants for an offshore partner visa often have partner visa informal living arrangements in their history, because the couple may have lived together overseas in a family home, rented accommodation without documents, or stayed together during visits. The law still requires the couple to live together or not live separately and apart on a permanent basis, and where the couple are currently apart, the separation must be temporary and the couple must intend to live together.
The evidence should show the periods the couple lived together, with whatever records exist, such as statements from family members or landlords overseas, travel records showing visits, and photographs at the home. Letters from overseas witnesses can be provided as supporting evidence even though they are not Form 888 statements. The statement should explain where the couple will live in Australia once the visa is granted.
Partner visa informal living arrangements at the permanent stage
At the permanent Subclass 801 or Subclass 100 stage, the household is assessed again as part of the continuing relationship. Couples whose partner visa informal living arrangements were accepted at the first stage should keep records of where they live and how they share the household throughout the waiting period. Any change of address should be notified. Where the couple have since moved into a home with a lease or bills in both names, that evidence will strengthen the second stage. Our guide to Subclass 820 and Subclass 801 explains how the stages connect.
Preparing evidence of partner visa informal living arrangements step by step
Evidence of partner visa informal living arrangements is best prepared in a clear order:
- write down every address the couple have lived at during the relationship, with dates and who else lived there;
- for each address, list the documents that show each partner living there;
- identify the gaps and the people who can confirm the arrangement, such as landlords, owners and household members;
- ask those people for statements, using Form 888 where they are eligible;
- gather records of rent payments and household contributions;
- update genuine records where a partner's address is out of date, without back-dating;
- explain the arrangements in the relationship statement; and
- organise the evidence by address and period, with an index.
Our partner visa document checklist and 820 partner visa evidence checklist list the documents usually provided. The application is lodged through ImmiAccount. Where a lawyer acts, the Department is notified using Form 956, and a Form 80 may be requested, which asks for address history that must match the evidence.
Getting advice on partner visa informal living arrangements
Advice is most useful before lodgement, while the evidence can be gathered and the arrangement explained. An initial immigration lawyer consultation can identify the evidence that will carry most weight. Where the couple have prepared their own application, a second opinion from an immigration lawyer can check that the household is properly proved. Our articles comparing a partner visa lawyer with doing it yourself, explaining when you need an immigration lawyer for a partner visa, and setting out the difference between a migration agent and an immigration lawyer may help with the choice of representation. Our articles on why partner visas get refused and the most common Subclass 820 refusal reasons explain how household evidence features in refusals.
How My Migration Lawyers helps with partner visa informal living arrangements
My Migration Lawyers acts for couples whose home life does not fit the paperwork, including couples with partner visa informal living arrangements. The firm deals with complex partner visa cases and acts in many matters of this exact type, including couples living with parents or extended family, couples in share houses and rented rooms, couples where only one partner is on the lease or title, and couples in employer accommodation. It is capable of handling these matters from the first review of the evidence through to review at the ART.
The work on partner visa informal living arrangements usually includes:
- Mapping the household. Building an accurate timeline of every address and who lived there, so that the evidence can be matched to each period.
- Finding the evidence. Identifying the government records, correspondence and payment records that show both partners at the same address.
- Third party statements. Advising on statements from landlords, owners, family members and housemates, including Form 888 statements where the writer is eligible.
- Explaining the arrangement. Presenting the couple's own explanation of their living arrangements in the relationship statement, in the form the law requires. The statement remains the couple's own account, which they review and correct before it is lodged.
- Organising the application. Organising the household evidence by address and period with a clear index.
- Responses and review. Responding to requests and natural justice letters, and representing the couple at the ART if a refusal has been made.
The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our work as immigration lawyers in Australia. We act for couples throughout Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and our immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.
The firm's approach is to find the evidence that a couple's real home life has already produced, and to present it clearly. It does not ask couples to create documents they would not otherwise have, and it never back-dates anything. Where the evidence is thin, it says so and helps the couple build a genuine record from that point.
Partner visa informal living arrangements are proved with the right evidence, honestly explained. Book a consultation with My Migration Lawyers online, or call 1300 040 300.
Frequently Asked Questions
Do we need a joint lease for a partner visa?
No. The law requires a couple to live together or not live separately and apart on a permanent basis. It does not require a lease, mortgage or bills in both names. Partner visa informal living arrangements can satisfy the requirement if the shared home is proved with other genuine evidence.
What are partner visa informal living arrangements?
They are living situations where the couple share a home but lack the usual documents in both names. Examples include living in one partner's home, with parents or extended family, in a share house, in a rented room without a written lease, in employer accommodation, or in a home owned by a relative.
How do we prove we live together without bills in both names?
Use government records showing the same address, mail to each partner at the address, statements from the landlord, owner or household members, records of rent and household payments, insurance policies and delivery records. A combination of these, covering the relationship over time, can prove partner visa informal living arrangements.
We live with my partner's parents. Is that a problem?
No. Living with family is common and accepted. The evidence should show that you live together as a couple within the family household. Statements from family members in the home, describing your place in it and how long you have lived there, are central evidence, together with records at that address.
Only my partner is on the lease. What should we provide?
Provide the lease, together with evidence that you also live at the address, such as your own records and mail there. A letter from the landlord acknowledging that you live at the property helps, and you may ask to be added to the lease going forward. Show how you share household costs.
We pay rent in cash to a family member. How do we prove it?
Ask the family member for a statement confirming the arrangement, how much is paid and since when. Keep receipts if possible. Consider paying by bank transfer, labelled as rent or board, going forward, so that a record builds over time.
Can a landlord write a Form 888 for us?
Yes, if the landlord is an Australian citizen, permanent resident or eligible New Zealand citizen who knows you as a couple. A landlord, owner or head tenant who can confirm that you live together, since when and on what terms, can provide valuable evidence of partner visa informal living arrangements.
Can we create a lease now to show we live together?
You can enter a genuine new lease that reflects your current arrangement, dated correctly. You must never back-date a lease or create one for an arrangement that does not exist. A document that is not what it claims to be can engage public interest criterion 4020 and damage the whole application.
We live in a share house. Will the Department think we are just housemates?
It may ask. Explain that you live together as a couple within the shared house, and provide statements from housemates or the head tenant, evidence of rent for your share, and evidence of how you share costs and life together. The other aspects of the relationship will also show that you are a couple.
Should we explain our living arrangements in the relationship statement?
Yes. Explain where you live, who owns or controls the home, when you moved in, why there is no lease or bills in both names, who else lives there and how you share the household. A short, factual explanation removes doubt that missing documents would otherwise raise.
What if we move during processing?
Notify the Department of the change of address using Form 1022. A move into a home with a lease or bills in both names can strengthen the evidence. Keep the timeline consistent, showing both addresses with dates.
What if some of our records show different addresses?
Explain each difference specifically, for example a bank account that still sends statements to an old address. Update genuine records where they are out of date. Conflicting address records left unexplained can lead a decision maker to doubt that you live together.
Can a refusal about our living arrangements be reviewed?
Yes, in most cases. The Administrative Review Tribunal decides the matter afresh and can hear oral evidence from landlords, family members or housemates. The application must generally be made within 28 days after notification of the refusal, and that time limit cannot be extended.
We live in accommodation provided by an employer. What evidence helps?
A letter from the employer confirming that you both live in the accommodation, since when and on what basis, together with payslips or records showing any accommodation deduction, and your own records at that address. Employer records are strong evidence of partner visa informal living arrangements.
Do partner visa informal living arrangements matter at the permanent stage?
The household is assessed again at the permanent stage. Keep records of where you live and how you share the household throughout the waiting period, and notify any change of address. Moving into a home with documents in both names, if that happens naturally, will add to the evidence.
How can My Migration Lawyers help with partner visa informal living arrangements?
My Migration Lawyers maps every address and period, finds the records that show both partners at the same address, advises on statements from landlords, owners and household members, presents the couple's own explanation of the arrangements, organises the evidence and acts at review if needed. The work is led by Weiwei Zhang, Principal Lawyer.























