Partner Visa Intermittent Cohabitation

Partner visa intermittent cohabitation describes a relationship in which the couple have lived together for some periods and apart for others. Partner visa intermittent cohabitation is very common. One partner may work on rotating rosters away from home, study in another city, care for a parent overseas, be prevented from staying in Australia by visa limits, or travel for long periods. None of this prevents a partner visa. What it requires is evidence that shows the relationship continuing through every period, together and apart, and that the periods apart are temporary.

This guide explains how the law treats partner visa intermittent cohabitation, what the Department and the Administrative Review Tribunal look for, how to build the timeline and evidence, and how to explain the pattern so that it reads as one continuous relationship. 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.

Is partner visa intermittent cohabitation allowed?

Yes. Partner visa intermittent cohabitation is allowed, because the law does not require a couple to live together continuously. 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. Section 5CB contains the same requirement for couples who are not married. The words "on a permanent basis" are critical. A couple who are apart temporarily are not living separately and apart on a permanent basis.

The Department's policy explains that this requirement means any separation of the couple must be temporary. The onus is on the applicant to satisfy the decision maker that the separation is temporary and that the couple will, at some point in the future, live together. The policy also states that there is no timeframe in which the couple must live together, and that claims must be considered case by case.

Partner visa intermittent cohabitation therefore turns on two questions. Are the periods apart temporary? And do the couple intend to live together? Where both are answered with evidence, the pattern of living together and apart is consistent with the law.

The Full Federal Court decision on living separately and apart

A binding decision of the Full Court of the Federal Court of Australia is central to partner visa intermittent cohabitation. In SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69, the Court considered the requirement that a couple live together or not live separately and apart on a permanent basis.

The Department's policy explains the effect of that decision, which is binding on decision makers. A decision maker cannot find that the requirement is not met solely on the basis that the couple never lived together before the application was made, were not living together when the application was made, or were not living together when it was decided. Evidence of having lived together, and for how long, is not itself the test for this requirement. It may, however, be relevant to whether the relationship is genuine and continuing.

This matters for partner visa intermittent cohabitation in a practical way. A couple who happen to be apart when they lodge, or when the decision is made, cannot be refused on the living together requirement for that reason alone. But the periods apart remain relevant to the broader question of whether the relationship is genuine and continuing, so the evidence must still explain them.

Partner visa intermittent cohabitation for couples who are not married

Couples who are not married are assessed under section 5CB of the Migration Act 1958 and regulation 1.09A of the Migration Regulations 1994. Section 5CB also requires the couple to live together or not live separately and apart on a permanent basis, and the Full Federal Court decision described above was given in that context. Partner visa intermittent cohabitation is therefore assessed in the same way for these couples: the separations must be temporary, the couple must intend to live together, and the four aspects of the relationship must be shown across the whole pattern.

Couples who are not married should check the other requirements that apply to their relationship before lodging, because they differ in some respects from those for married couples. Engaged couples who intend to marry may also consider the Subclass 300 prospective marriage visa.

Why partner visa intermittent cohabitation attracts questions

Partner visa intermittent cohabitation attracts questions because the household evidence is broken into pieces. A decision maker may see a lease for one period, a different address for another, a period overseas, and then a return. Without explanation, the pattern can look like a relationship that started, stopped and restarted, or like two people who see each other occasionally rather than a couple sharing a life.

The Department's policy directs decision makers who are told that a separation is temporary to consider the reasons for the separation and whether they are consistent with a mutual commitment. That is the lens through which partner visa intermittent cohabitation is assessed. The evidence must show not only that the couple were apart, but why, and that the reasons fit a committed relationship.

How decision makers read partner visa intermittent cohabitation

Decision makers read partner visa intermittent cohabitation by looking at the whole relationship, not at any single period. They ask whether the couple were together when they could be, whether they stayed connected when they could not, whether the reasons for the separations make sense, and whether the separations are leading somewhere. A pattern of regular reunions, constant contact and a clear plan reads as a committed relationship. A pattern of long, unexplained absences with little contact reads very differently.

Decision makers also compare the pattern with the couple's circumstances. A couple who say they are apart because of a work roster should show a roster that fits the dates. A couple who say visa limits kept them apart should show visa grants and expiry dates that match. Where the explanation fits the documents, partner visa intermittent cohabitation is usually accepted as an ordinary feature of modern life. Where it does not, the inconsistency becomes the focus.

Common myths about partner visa intermittent cohabitation

Several myths cause couples to misjudge partner visa intermittent cohabitation.

You must have lived together continuously for a set period

The law sets no continuous period of living together for a married couple, and the Department's policy says there is no timeframe within which a couple must live together. What matters is that any separation is temporary and the couple intend to live together.

Being apart at lodgement means the application will fail

A binding Full Federal Court decision means the living together requirement cannot be found unmet solely because the couple were apart when the application was made or decided.

Periods apart do not need explaining if the couple are together now

Earlier periods apart are part of the relationship history and remain relevant to whether the relationship is genuine and continuing. They should be explained.

Partner visa intermittent cohabitation is a weakness

It is a feature of many relationships. It becomes a weakness only when it is unexplained or unsupported.

Any break is just a separation

A real break in the relationship is different from a temporary separation, and should be described accurately.

Common reasons for partner visa intermittent cohabitation

The most common reasons for partner visa intermittent cohabitation are ordinary and well understood.

Work rosters and work away from home

One partner may work on a fly in, fly out roster, on remote sites, at sea, in seasonal work, or in a job that requires long periods in another city or country. The couple live together during breaks and apart during rotations.

Study

One partner may study in another city or overseas, returning during breaks. The study period has a defined end.

Visa restrictions

Couples where one partner is not an Australian citizen or permanent resident are often separated by visa limits. The non-Australian partner may only be able to stay for limited periods on visitor visas, returning home between visits. This is one of the most common forms of partner visa intermittent cohabitation.

Family and caring duties

One partner may need to care for a parent, child or relative in another place, for a period or on a recurring basis.

Travel and border restrictions

Travel restrictions, such as those during a pandemic, separated many couples for long periods. Other couples travel extensively for work or personal reasons.

Housing transitions

Some couples move between temporary homes while saving for their own, or keep separate homes for a period for practical reasons, such as a lease that has not yet ended.

Whatever the reason, the relationship statement should name it plainly and the evidence should support it.

Partner visa intermittent cohabitation and the relationship start date

Partner visa intermittent cohabitation can make it harder to state when the relationship began and when the couple first lived together. The first period of living together may have been a short visit, or the couple may have alternated between homes before settling into a pattern. The forms require dates, and those dates must match the statement and the evidence.

The couple should choose dates that reflect real events, such as the first time they lived under the same roof as a couple, and explain them. Where the start was gradual, the statement should describe it. Dates should be checked against passports and travel records, because a date that falls in a period when one partner was overseas will be noticed. A consistent and explained start date anchors the whole timeline.

What the Department looks for in partner visa intermittent cohabitation

The Department looks for evidence that the relationship continued through every period apart, and that the couple share a life even when they are not in the same place. 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. In partner visa intermittent cohabitation, each aspect needs to be shown across the whole pattern.

Financial aspects across the pattern

Evidence that the couple continued to share financial responsibility during periods apart is strong. Examples include one partner supporting the other, contributions to a shared home kept during the absence, joint accounts in continuous use, and payments for each other's travel.

The household across the pattern

Evidence of a home base is valuable. Where the couple keep one shared home and one partner leaves it periodically for work or study, the home itself shows the continuing household. Mail, belongings and records at that address during absences support it.

Social aspects across the pattern

Evidence that family and friends know the couple as a couple throughout, including during periods apart, shows continuity. Joint invitations, family events attended together during periods at home, and Form 888 statements from people who have seen the pattern help.

Commitment across the pattern

Evidence of regular communication during separations, visits whenever possible, emotional support, and plans for when the separations will end shows the commitment that the law requires.

The timeline: the key document for partner visa intermittent cohabitation

The timeline is the key document for partner visa intermittent cohabitation. A clear table or list that shows every period of the relationship, together and apart, with dates, places and reasons, lets the decision maker see the whole pattern at once. Without it, the decision maker must piece the pattern together from scattered documents, and may reach the wrong conclusion.

A useful timeline for partner visa intermittent cohabitation includes, for each period:

• the start and end dates;
• whether the couple were together or apart;
• where each partner was;
• the reason for any separation;
• how the couple stayed in contact during separations;
• any visits during the period; and
• the evidence that supports the entry.

The timeline should match the passports, travel records, leases, employment records and every other document. Our guide to partner visa relationship evidence explains how the timeline fits with the other evidence.

Evidence for partner visa intermittent cohabitation

Evidence for partner visa intermittent cohabitation must cover both the periods together and the periods apart. Each kind of period needs different evidence.

Evidence of periods together

Leases, mortgages and bills at the shared address, mail to both partners there, travel records showing arrivals and departures, photographs at home and with family, and statements from people who saw the couple living together.

Evidence of the reasons for periods apart

Employment contracts, rosters and letters from employers for work away; enrolment and attendance records for study; visa grant notices and expiry dates for visa restrictions; medical or family evidence for caring duties; and travel restriction records for border closures. The reason should be documented, not just stated.

Evidence of contact during periods apart

Call logs, video call records and messages showing regular contact across each separation. A representative selection from each period is more useful than every message.

Evidence of support during periods apart

Money transfers, payments for travel, contributions to the shared home, and care packages or gifts. Emotional support, such as contact during illness or bereavement, can be described in the statement and supported by messages.

Evidence of visits

Flight bookings, boarding passes, passport stamps and accommodation records for each visit during a separation.

Evidence of plans to live together

Evidence that the separations will end and the couple will live together, such as the end date of a contract or course, a job application in the other partner's city, a lease or home purchase for the future, or the partner visa application itself.

Our partner visa document checklist, 820 partner visa evidence checklist and guide to preparing evidence of a genuine relationship list the documents usually provided.

Communication evidence across separations

Communication evidence is usually the backbone of the evidence for the periods apart in partner visa intermittent cohabitation. It shows that the couple remained in a relationship while separated, and the frequency and content of the contact can show the depth of the relationship.

The evidence should be selected so that each separation is represented, rather than providing thousands of pages from one period and nothing from another. Call logs and video call records show frequency without revealing private content. A sample of messages from the beginning, middle and end of each separation shows continuity. Messages discussing shared plans, household matters, finances or family events are particularly useful, because they show the couple making decisions together while apart. Messages in a language other than English should be translated into English. Intimate content does not need to be included.

Preparing partner visa intermittent cohabitation evidence step by step

Evidence of partner visa intermittent cohabitation is best prepared in a clear order:

• gather both partners' passports, travel records and visa records;
• reconstruct every period together and apart, with dates, from those records;
• add the reason for each separation and find the document that proves it;
• for each period together, gather the household evidence;
• for each period apart, gather communication, support and visit evidence;
• identify witnesses who saw the relationship across the pattern;
• prepare the timeline as a single clear table;
• write the relationship statement around the timeline; and
• check every date in the forms, statement and witness statements against the timeline.

This process takes time, but it produces an application in which partner visa intermittent cohabitation is presented as a coherent history rather than a puzzle for the decision maker to solve.

Explaining partner visa intermittent cohabitation in the relationship statement

The relationship statement should explain partner visa intermittent cohabitation in a way that connects the periods into one story. Our guide to the partner visa relationship statement explains its structure. For a couple who have lived together and apart, the statement should:

• describe how the relationship began and when the couple first lived together;
• explain each period apart and the reason for it;
• describe how the couple maintained the relationship during each separation;
• explain how each separation ended or will end;
• describe the couple's home base, if they have one;
• explain how the couple make decisions about work, study and family that affect where they live; and
• set out the plan for living together permanently.

The statement should refer to the timeline, so that the decision maker can move between the narrative and the dates. It should be honest about difficult periods. A long separation that strained the relationship, and how the couple worked through it, can show commitment rather than weakness.

Form 888 statements for partner visa intermittent cohabitation

Form 888 statements are useful for partner visa intermittent cohabitation because witnesses can describe the pattern from the outside. A friend who has seen the couple together during periods at home, and has been in contact with them during periods apart, can confirm that the relationship continued throughout. A family member who has hosted the couple, or been told of their plans, can describe the commitment. Our articles on Form 888 for partner visas and Form 888 example answers and common mistakes explain what each statement should contain.

Each witness should describe what they have personally seen, including specific occasions and the approximate dates. Statements should not repeat the couple's wording or each other's.

A home base in partner visa intermittent cohabitation

A home base is one of the strongest pieces of evidence in partner visa intermittent cohabitation. Where the couple keep one shared home and one partner leaves it periodically, the home shows the household continuing while one partner is away. Evidence that the absent partner's belongings stay at the home, that their mail continues to go there, that they contribute to its costs, and that they return to it at every opportunity, shows that the separation is temporary and the household is real.

Where the couple do not have a single home base, because both partners move, the evidence should show where each partner was and why, and where the couple intend to establish their home. A plan to establish a home base, such as a lease starting on a particular date or a property purchase, can be powerful evidence of the intention to live together.

Partner visa intermittent cohabitation and travel restrictions

Travel restrictions, such as those imposed during a pandemic, created partner visa intermittent cohabitation for many couples who had no choice about being apart. Where border closures, flight cancellations or quarantine requirements prevented a couple from reuniting, the evidence should show the restrictions that applied, the attempts the couple made to reunite, and how they maintained the relationship. Published Tribunal decisions recognise that travel restrictions limited the time some couples could spend together. The separation in these cases was imposed, not chosen, and that should be made clear.

Partner visa intermittent cohabitation and children

Where the couple have children, partner visa intermittent cohabitation affects how the children are cared for. One partner may have cared for the children alone during the other's absences, or the children may have moved with one partner. Evidence of how the couple share parenting across the pattern, such as communication about the children, financial support for them, visits, and the absent partner's involvement in decisions, shows the household and commitment continuing. School and childcare records showing the family's address can also help.

Partner visa intermittent cohabitation caused by visa restrictions

Partner visa intermittent cohabitation caused by visa restrictions is particularly common, and it raises its own questions. Where the non-Australian partner has visited on visitor visas and returned home between visits, the decision maker will want to see that each visit was used to live together, that the couple maintained the relationship between visits, and that the earlier visa applications are consistent with the relationship.

Earlier visitor visa applications may have asked about the purpose of the visit and ties to the home country. The partner visa application must be consistent with those answers, or explain any difference. Our guide to moving from a tourist visa to a partner visa in Australia explains why this matters, and our guide to the no further stay condition 8503 explains a condition that often affects visitors.

Couples in this situation may apply for an offshore partner visa, so that the non-Australian partner is not dependent on visitor visas. Our page on the Subclass 309 visa explains the offshore pathway, and our page on the Subclass 300 prospective marriage visa explains the option for engaged couples.

Partner visa intermittent cohabitation and work rosters

Partner visa intermittent cohabitation caused by work rosters is usually straightforward to prove, because the roster itself is evidence. A letter from the employer confirming the roster, the location and the dates, together with payslips and travel records, shows why the partner is away and when they return. Evidence that the partner returns to the shared home on every break, such as travel records and household evidence, shows the continuing household.

The statement should describe how the couple manage the roster: how they communicate during rotations, how household responsibilities are shared while one partner is away, and what they do together during breaks. Where the roster is expected to change, such as a planned move to local work, the statement should say so.

When both partners travel or work away

Some couples both travel or work away, so neither keeps a fixed home for long periods. Their partner visa intermittent cohabitation may involve living together in different places, such as travelling together, working in the same region, or meeting in third countries. Evidence of joint travel, shared accommodation bookings and photographs in different places can show periods together even without a fixed address. The statement should explain the lifestyle and where the couple intend to settle.

Partner visa intermittent cohabitation and study

Where one partner studies away from the shared home, the course has a defined length and a defined end. Enrolment records, the course end date and evidence of visits during breaks show the temporary nature of the separation. The statement should explain why the couple decided that one partner would study away, and what they plan when the course ends.

Partner visa intermittent cohabitation and caring duties

Where one partner has spent periods apart caring for a parent, child or other relative, the separation reflects family responsibility, not a weakness in the relationship. Evidence of the relative's condition and the care provided, together with evidence that the other partner supported the caring partner during that time, can show the commitment the law requires. The statement should explain why the caring partner needed to be away, how long the care was expected to last, and how the couple maintained their relationship during it. Only the personal information needed to explain the situation should be included.

Long separations

Long separations are the most difficult form of partner visa intermittent cohabitation, because the longer a couple are apart, the more a decision maker will ask whether the separation is still temporary. The Department's policy says there is no timeframe within which a couple must live together. But a long separation needs a stronger explanation and stronger evidence of continuing commitment.

For a long separation, the evidence should show constant contact, regular visits where possible, financial support, and a concrete plan to end the separation. The reasons should be compelling, such as visa limits, a family crisis, border restrictions or a long work commitment. Statements from people who have seen the relationship continue through the separation are especially valuable. The couple should also explain what they have done to shorten the separation, such as applying for a visa, seeking a transfer, or planning a move.

When there was a break in the relationship

Some couples with partner visa intermittent cohabitation have had a period when the relationship itself paused, not just the cohabitation. They may have separated, then reconciled. That is not the same as a temporary separation within a continuing relationship, and it should not be presented as one.

Where there was a real break, the statement should say so honestly, explain what happened, when and why the couple reconciled, and how the relationship has developed since. The relationship history in the application should reflect the break accurately. Presenting a break as a period apart for work, or omitting it, creates an inconsistency that can damage credibility and, if it involves information that is false or misleading in a material particular, can engage public interest criterion 4020. A reconciled relationship can still meet the legal test. The decision maker needs to understand it accurately.

Partner visa intermittent cohabitation and earlier visa applications

Earlier visa applications often record where each partner was living and why. Visitor visa applications may describe the purpose of each visit. Student visa applications may describe study plans. Incoming passenger cards record the purpose of travel and intended address. All of these must be consistent with the timeline of partner visa intermittent cohabitation, or any difference must be explained.

A couple who described each visit as tourism, when the visits were spent living together, should acknowledge and explain the difference. Inconsistencies left unexplained can lead a decision maker to doubt the timeline, and information that is false or misleading in a material particular can engage public interest criterion 4020. Checking the earlier applications against the timeline before lodgement avoids that risk.

Requests and natural justice letters about periods apart

If a case officer is not satisfied about partner visa intermittent cohabitation, they may request more information under section 56 of the Migration Act 1958, asking for evidence of the periods together, the reasons for the periods apart or the couple's plans. A response should provide the evidence asked for, together with the timeline and an explanation. Our guide to responding to a section 56 request for more information explains the process.

Where the Department has adverse information, such as travel records that do not match the couple's account, 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. Every inconsistency between the timeline and the travel or address records should be explained specifically. Response periods are short.

Plans to end the separations

The plan to end the separations is the part of partner visa intermittent cohabitation evidence most often left out. Yet the law requires the couple to intend to live together, and the Department's policy places the onus on the applicant to show that the separation is temporary. A statement that describes the past in detail but says nothing about the future leaves the most important question unanswered.

The plan should be specific. It might be the end of a work contract and a confirmed role in the couple's home city, the completion of a course, the grant of the partner visa allowing the non-Australian partner to remain, or a move to a home the couple have already chosen. Evidence of the steps taken, such as job applications, a lease, a property purchase, school enrolment for children or a resignation letter with a date, makes the plan concrete. Where the plan depends on the visa, the statement should say how the couple will live once it is granted.

Interviews about partner visa intermittent cohabitation

A couple with partner visa intermittent cohabitation may be asked at interview about each period together and apart, why they were apart, how often they spoke, when they visited, and what they plan. Each partner should be able to describe the pattern consistently. Preparation means reviewing the timeline and the statement together, so that both partners' memories of the dates are refreshed. Where a date is uncertain, the honest answer is to say so and give the best approximation.

Partner visa intermittent cohabitation at ART review

If a partner visa is refused because the decision maker was not satisfied that the couple live together or are not living separately and apart on a permanent basis, or that the relationship is genuine and continuing, 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 and considers the evidence at the time of its own decision.

At review, the couple can explain the pattern of partner visa intermittent cohabitation in person, provide a full timeline, and call witnesses who saw the relationship continue. Where the couple are living together by the time of the hearing, that evidence can be powerful. Where a refusal relied on the couple not living together at the time of application or decision as the sole reason for finding the living together requirement not met, the binding Full Federal Court decision described above is directly relevant. 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 partner visa intermittent cohabitation

Published Tribunal decisions show that relationships with periods of living together and apart can be accepted as genuine where the pattern is explained and the relationship continued throughout. 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 2247. A Subclass 309 matter involving a genuine spousal relationship, financial aspects, periods of cohabitation and social aspects.
• Pham (Migration) [2019] AATA 3680. A Subclass 309 matter involving a genuine relationship, living in separate countries, a previous period of living together and the relationship history.
• Singh (Migration) [2018] AATA 5925. A Subclass 309 matter involving a genuine spousal relationship, financial support from the sponsor, living in separate countries for the previous ten years, and a widely recognised relationship.
• Varhelyi (Migration) [2024] AATA 320. A Subclass 820 matter involving a relationship that included international travel and work, considerable documentary evidence and supporting statements.
• Kaneva (Migration) [2019] AATA 388. A Subclass 820 matter in which the couple had travelled and lived together overseas and in Australia and managed their financial commitments together.
• Pham (Migration) [2024] ARTA 107. A Subclass 309 matter involving joint social activities and frequent travel, money transfers and a long term relationship.

These decisions show that the Tribunal looks at the whole history. Periods apart do not end a partner visa where the evidence shows a relationship that continued through them.

Partner visa intermittent cohabitation at the permanent stage

At the permanent Subclass 801 or Subclass 100 stage, the Department assesses whether the relationship is continuing. Couples whose partner visa intermittent cohabitation was accepted at the first stage should keep the timeline up to date and continue collecting evidence of each period together and apart. Where the separations have ended and the couple now live together permanently, that change should be shown clearly. Where separations continue, the reasons and the plan should be updated. Our guide to Subclass 820 and Subclass 801 explains how the stages connect. Changes in circumstances, such as a new address, should be notified using Form 1022.

Travel during an onshore application

Couples with partner visa intermittent cohabitation often need to travel while an onshore application is being processed. Most onshore applicants hold a bridging visa, and whether they can travel and return depends on the type of bridging visa and its conditions. Leaving Australia without the right permission can end the bridging visa and create serious problems. Our guides to Bridging Visa A, Bridging Visa B and bridging visas in Australia explain the rules. Advice should be obtained before any travel.

Where the applicant is in Australia without a substantive visa, Schedule 3 may also apply. Our guides to the Schedule 3 criteria and the Schedule 3 partner visa waiver explain that test.

Common mistakes with partner visa intermittent cohabitation

The same mistakes appear in many partner visa intermittent cohabitation cases.

No timeline

Leaving the decision maker to work out the pattern from scattered documents invites the wrong conclusion. A timeline is essential.

Unexplained separations

Periods apart with no stated reason look like gaps in the relationship. Every separation should be explained.

No evidence of contact during separations

A separation without evidence of communication or support looks like a pause in the relationship. Representative records from each separation are needed.

No plan to live together

The law requires the separation to be temporary and the couple to intend to live together. A statement that does not say how and when the separations will end leaves the key question unanswered.

Disguising a break as a separation

A real break in the relationship presented as a period apart for practical reasons creates inconsistency and integrity risk.

Travel records that do not match

Dates in the statement that do not match passports and travel records create avoidable doubt. Every date should be checked.

Getting advice on partner visa intermittent cohabitation

Advice is most valuable before lodgement, when the timeline and evidence can be built properly. An initial immigration lawyer consultation can assess the pattern and the evidence. Where the couple have prepared their own application, a second opinion from an immigration lawyer can check that the periods apart are properly explained. 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 periods apart feature in refusals.

The application is lodged through ImmiAccount. Where a lawyer acts, the Department is notified using Form 956. A Form 80 may be requested, and its travel and address history must match the timeline.

How My Migration Lawyers helps with partner visa intermittent cohabitation

My Migration Lawyers acts for couples whose relationships include periods of living together and apart, including partner visa intermittent cohabitation caused by work rosters, study, visa limits, caring duties and travel restrictions. The firm deals with complex partner visa cases and acts in many matters of this exact type. It is capable of handling them from the first assessment of the pattern through to review at the ART.

The work on partner visa intermittent cohabitation usually includes:

• Building the timeline. Reconstructing every period together and apart from passports, travel records, leases and employment records, so that the pattern is accurate and complete.
• Documenting the reasons. Identifying the evidence that shows why each separation happened and that it was temporary.
• Showing continuity. Selecting the communication, support and visit evidence that shows the relationship continuing through each separation.
• The couple's own account. Presenting the couple's explanation of the pattern 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.
• Applying the law. Making sure the application, and any response or review, addresses the living together requirement correctly, including the effect of the Full Federal Court decision.
• 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 present the relationship as it has actually been lived. It does not smooth over separations or adjust dates to make the pattern look simpler. It builds an accurate record, explains each part of it, and shows the decision maker the commitment that has carried the relationship through every period apart.

Partner visa intermittent cohabitation is a pattern, not a problem, when it is properly explained. Book a consultation with My Migration Lawyers online, or call 1300 040 300.