Key Takeaways
- Yes, you can be granted a partner visa living with parents. The law asks whether the couple live together, or do not live separately and apart on a permanent basis. It does not require the couple to live alone or to hold their own lease.
- In a partner visa living with parents application, the Department assesses the nature of the household as one of four aspects of the relationship, together with the financial aspects, the social aspects and the nature of the commitment.
- Case officers look at how the couple lives inside the family home: their own room or living space, how chores and bills are shared, who pays board, how they make decisions as a couple and how the family treats them.
- Evidence that works includes mail addressed to both partners at the parents' address, a board or rent arrangement, regular bank transfers for household costs, Form 888 supporting statements and photographs of ordinary daily life.
- Addresses must be consistent across every document, every form and every earlier visa application, because inconsistency is one of the most common reasons a partner visa living with parents case is doubted.
- My Migration Lawyers prepares partner visa living with parents applications so that the couple's own account of their shared household is presented clearly, consistently and in the form the law requires.
A partner visa living with parents is a partner visa application made by a couple who share a home with one partner's parents or extended family. Many couples worry that a partner visa living with parents will be refused because they do not have their own house, lease or utility accounts. That worry is understandable, but it is based on a misunderstanding of the law.
The law does not require a couple to live alone. It requires them to live together, or at least not to live separately and apart on a permanent basis, and to show a genuine and continuing relationship. A couple who share a bedroom in the family home, contribute to the household and are treated by the family as a couple can meet that test. The question is how the evidence shows it.
This guide explains the legal test, why a partner visa living with parents is common and accepted, what case officers look at inside a family household, the evidence that works and the evidence that does not, how to handle periods apart, why address consistency matters, and how the Administrative Review Tribunal has approached household questions. For an overview of every partner visa subclass, see our complete guide to partner visas in Australia.
Can you get a partner visa living with parents?
Yes, you can be granted a partner visa living with parents, because the law asks whether you and your partner live together as a couple, not whether you live without other family members. Nothing in the Migration Act 1958 or the Migration Regulations 1994 requires a couple to rent or own their own home before they can be granted a partner visa.
The Department of Home Affairs assesses the whole relationship. Living with parents is one fact about the household. It is not a reason for refusal on its own. What matters is whether the evidence shows that the couple live as partners inside that household, rather than as two individuals who happen to share an address with relatives.
A partner visa living with parents case is assessed in the same way whether the couple lodge the onshore combined Subclass 820 visa and Subclass 801 application, or the offshore Subclass 309 visa and Subclass 100 application. The test for the relationship is the same. Only the way the evidence is gathered may differ, depending on where the couple live.
Who usually applies for a partner visa living with parents
Couples apply for a partner visa living with parents for many reasons. Some come from families where it is normal for a married couple to live with the husband's or the wife's parents, at least for the first years of marriage. This is common in South Asian, East Asian, Pacific, Middle Eastern, African and Southern European families, among others. Other couples live with parents to save for a home deposit, to reduce rent, to care for an ageing or unwell parent, or because one partner has recently arrived in Australia and the family home is the practical place to start.
None of these reasons is a problem. Each is an ordinary explanation that the Department sees regularly. The task in a partner visa living with parents application is to explain the arrangement and to prove it with the right evidence.
The legal test for a partner visa living with parents
The legal test for a partner visa living with parents is the same test that applies to every partner visa: 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. Those elements come from section 5F of the Migration Act for spouses and section 5CB for de facto partners.
Married couples: section 5F and regulation 1.15A
For a married couple, section 5F(2) of the Migration Act sets out the elements of a spouse relationship. Regulation 1.15A of the Migration Regulations then requires the Department, when deciding a partner visa, to consider all of the circumstances of the relationship, including the matters set out in regulation 1.15A(3). Those matters are 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 Department's own procedural instruction on spouse relationships states that paragraph 5F(2)(d) requires a married couple to live together or not live separately and apart on a permanent basis. It also states that the matters in regulation 1.15A(3) are circumstances to be considered, not criteria that must each be satisfied.
De facto couples: section 5CB and regulation 1.09A
For a de facto couple, section 5CB(2) of the Migration Act sets out similar elements, and regulation 1.09A(3) lists the same four matters. The de facto requirements also include rules about the length of the relationship, which our guide to the de facto partner visa and the 12-month rule explains. Our article on whether you really need 12 months of de facto relationship covers the exceptions. For a de facto couple applying for a partner visa living with parents, time spent living together in the parents' home counts as living together.
The four aspects are weighed together
The four aspects of the relationship are assessed together. The Department's procedural instructions state that a decision must not be made by counting how many matters are satisfied against how many are not. Instead, the delegate considers the relationship against all four matters and any other relevant information, and decides on balance whether the relationship meets the legal definition.
This matters for a partner visa living with parents. A couple living with parents may have fewer joint household bills than a couple renting alone. That does not mean they fail. The nature of the household is only one aspect, and within it, the living arrangements are only one part. Strong financial, social and commitment evidence can carry a relationship where the household evidence looks different from the usual pattern. Our guide to partner visa relationship evidence explains all four aspects in general terms. This article focuses on how they apply when the couple share a family home.
Why living with parents is not a problem in itself
Living with parents is not a problem in itself because the legal question is the quality of the couple's shared life, not the size or ownership of their household. The Department's policy recognises that relationships take different forms, and it directs delegates to consider each relationship on its own facts.
The procedural instructions also tell delegates to take into account, when assessing the social aspects, the extent to which the laws or traditions of the applicant's home country may affect how a relationship is openly presented. The same thinking applies to household arrangements. In many cultures, a newly married couple living in the family home of one partner is the expected arrangement, not an unusual one. A couple who explain this clearly, and who show how they live as a couple within that home, are presenting an ordinary family structure.
The risk is not the arrangement but the gap in evidence
The real risk in a partner visa living with parents application is a gap in the evidence. When a couple live alone, their joint lease, joint utility bills and joint mail show the household almost automatically. When a couple live with parents, the lease, the electricity account and the internet account are often in a parent's name. The couple may have no document that shows they live at the address together.
A case officer looking at that file may see two people at the same address with nothing to show they live there as a couple. Unless the gap is filled, it can raise questions about whether the couple really live together, or whether one partner is simply staying in the family home. The rest of this guide explains how a partner visa living with parents application fills that gap.
Living with the sponsor's parents or the applicant's parents
A partner visa living with parents application can involve the sponsor's parents in Australia, the applicant's parents overseas, or both at different times. Many couples live with the sponsor's parents in Australia after the applicant arrives. Others lived with the applicant's family overseas before coming to Australia. Each period of shared living should be described accurately in the relationship statement and supported with evidence from that time.
The nature of the household in a partner visa living with parents case
The nature of the household is the aspect of the relationship that looks at how the couple live day to day, and in a partner visa living with parents case it is the aspect the Department will examine most closely. Regulation 1.15A(3)(b) and regulation 1.09A(3)(b) describe it as including any joint responsibility for the care and support of children, the living arrangements of the persons, and any sharing of the responsibility for housework.
Living arrangements
The Department's procedural instructions give examples of evidence of living arrangements: joint ownership of residential property, joint residential leases, joint rental receipts, joint utility accounts, and correspondence addressed to either or both parties at the same address. A couple applying for a partner visa living with parents often cannot provide the first four. The last example, correspondence at the same address, is usually available and is often the most useful starting point.
The living arrangements also include how the couple use the home: whether they share a bedroom, whether they have their own space, and whether the household treats them as a unit. These facts are not shown by a single document. They are shown by the couple's account, supported by statements from the people who live with them and by ordinary records of daily life.
Sharing responsibility for housework
The sharing of housework is the second part of the household aspect. In a family home, housework is often shared among several adults. The question for a partner visa living with parents is how the couple take part: whether they do their own laundry together, cook for each other or for the family, clean their own room, or take on tasks as a pair. The answer does not need to be dramatic. It needs to be true and consistent between both partners.
Joint responsibility for children and family members
The third part concerns joint responsibility for the care and support of children. Where the couple have children who live in the family home, the shared care of those children is strong household evidence. Many couples who apply for a partner visa living with parents also share responsibility for an elderly or unwell parent. That is not listed in the regulations as a separate matter, but the regulations are not exhaustive, and joint caring responsibilities can say a great deal about the household and the commitment.
Where our partner visa living with parents clients are located
My Migration Lawyers acts for couples throughout Australia who are preparing a partner visa living with parents application, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The city where the family home is located does not change the legal test for a partner visa living with parents. The evidence does.
What case officers look at in a partner visa living with parents application
In a partner visa living with parents application, case officers look at whether the couple live inside the family home as a couple, with their own shared space, shared responsibilities and shared decisions, and whether the family treats them as a couple. The questions below reflect the household, financial and social aspects of the relationship as they apply inside a family home.
Your own bedroom or living space
The first practical question is where the couple sleep and spend their private time. A couple who share a bedroom, and perhaps a separate living area or part of the house, show a shared domestic life within the larger household. The relationship statement should describe the layout simply: whose house it is, who else lives there, which room the couple share, and which parts of the home they use as their own.
A partner visa living with parents application is weaker where the couple's account suggests they sleep in different rooms without explanation, or where the partners describe the house differently. If there is a reason for separate rooms at some point, such as a new baby, illness or a cultural practice before a wedding, it should be explained rather than left for the case officer to discover.
How household chores are shared
The second question is how the couple contribute to running the home. In a shared family household, the honest answer is often that everyone helps. That is fine. A partner visa living with parents application should still show what the couple do together and for each other. Examples include cooking meals for each other, doing the weekly shopping together, cleaning their own room and bathroom, doing laundry together, maintaining the garden or car, or looking after the parents on particular days.
Both partners should describe the same routine. Small differences in detail are natural. A major difference, such as one partner saying they cook every night and the other saying the mother cooks for everyone, invites questions.
Bills, board and who pays
The third question is money. When a couple live with parents, the parents may pay the mortgage or rent and most utility bills. The couple may pay board, contribute to groceries, pay particular bills or pay nothing because the parents do not want payment. Each arrangement is acceptable, but each must be explained.
The financial aspects of the relationship include the basis of any sharing of day-to-day household expenses. For a partner visa living with parents, the key is to show that the couple approach household costs as a couple. Board paid from a joint account, or paid by one partner on behalf of both, shows that. Board paid separately by each partner, from separate accounts, with no other shared finances, can suggest two individuals rather than a couple, unless other evidence explains it.
Decision making as a couple
The fourth question is whether the couple make decisions together, separately from the wider family. Living with parents does not mean the parents decide everything. A partner visa living with parents application is stronger where the couple can show they plan their own finances, holidays, careers, study, children and future home together. The nature of the commitment is assessed partly by the couple's plans for the future, so a shared plan to buy their own home, or a shared decision to stay with parents to care for them, is relevant evidence.
How the family sees you as a couple
The fifth question is social. The opinion of family members and friends about the nature of the relationship is listed in the regulations as part of the social aspects. In a partner visa living with parents case, the people who see the relationship every day are the parents and any siblings in the home. Their observations are direct and specific: they can describe the couple's routine, how they treat each other and how the family treats them. That makes their supporting statements particularly valuable.
Evidence that works for a partner visa living with parents
The evidence that works for a partner visa living with parents is evidence that shows the couple living at the family address as a couple, contributing to the household together and recognised as a couple by the family. No single document does this. A combination of ordinary records, consistent statements and photographs usually does. Our guide to preparing evidence of a genuine relationship explains how couples can collect and organise evidence over time, and our 820 partner visa evidence checklist lists the categories in general terms.
Letters addressed to both partners at the parents' address
Mail is the simplest proof of residence. Letters, bank statements, tax notices, Medicare correspondence, insurance documents, electoral enrolment records, health fund letters, vehicle registration and employer correspondence addressed to each partner, or to both, at the parents' address all show that the couple live there. Letters addressed jointly to both partners are especially useful in a partner visa living with parents application, because they show that third parties treat the couple as a unit at that address.
Couples who have just started living with parents can update their address with banks, employers and government agencies as soon as they move. This is not creating evidence. It is simply making sure their records reflect where they actually live.
A board or rent arrangement
Where the couple pay board or rent to the parents, a simple written arrangement helps. It can state the address, the names of the couple and the parents, the amount or the basis of the contribution, how it is paid and from when. The written arrangement is supported by the payments themselves. A partner visa living with parents application with a written board arrangement and matching bank transfers gives the case officer a clear, verifiable picture.
If the parents do not charge board, that is also a fact to state. The couple can then show other ways they contribute, such as paying for groceries, a particular utility bill, internet or phone plans, household repairs or the parents' expenses.
Bank transfers for household costs
Bank records are among the most reliable evidence in a partner visa living with parents case. Regular transfers to the parents for board, regular payments for groceries and household items, and payments for shared bills all show contribution to the household. Where the couple hold a joint account and household costs are paid from it, the evidence shows both the financial aspect and the household aspect at the same time.
Transaction descriptions help. A recurring transfer described as board or rent is clearer than an unexplained transfer. The couple should not change past records. They can simply use clear descriptions from the point they receive advice.
Form 888 supporting statements from parents and others
Form 888 supporting statements are statements from people who know the couple and can describe the relationship. Our article on Form 888 for a partner visa explains who can make one, and our article on Form 888 example answers and common mistakes shows the difference between a useful statement and a generic one.
In a partner visa living with parents application, a parent who lives in the same home is often the most useful witness. A parent who is an Australian citizen or permanent resident can describe when the couple moved in, which room they share, how they divide chores, what they contribute to the household and how the family treats them. Siblings, extended family members, neighbours and friends who visit the home can add their own observations. Each statement should be in the witness's own words and based on what they have actually seen. Statements that use identical wording are given little weight.
Family members who are not Australian citizens or permanent residents may still be able to provide a written statement. The weight given to it depends on its detail and on the rest of the evidence.
Photos of daily life
Photographs of ordinary life in the family home are useful in a partner visa living with parents case. Examples include the couple cooking together, family meals, birthdays, religious and cultural celebrations at home, the couple with the parents, and the couple with nieces, nephews or their own children. Photographs spread over time are better than many photographs from one event. Wedding photographs show the ceremony but not the household, so they should be supported by images of everyday life afterwards.
Joint responsibility for children or parents
Where the couple care for children together in the family home, records such as school enrolment forms listing both parents, medical records, childcare documents and photographs of family routines show the household aspect. Where the couple share care of a parent, records such as carer arrangements, appointment correspondence, pharmacy records in the couple's names, or statements from health workers or other family members can show joint responsibility. These records should show the couple's role, not only that the parent receives care.
Other evidence that supports a shared household
Other evidence includes joint insurance on the couple's own belongings, joint gym or club memberships at the local address, shared vehicle insurance, joint phone plans, joint travel bookings, and correspondence from community, religious or cultural organisations addressed to both partners. Our partner visa document checklist explains the identity and relationship documents needed in every application.
Weak evidence in a partner visa living with parents application
Weak evidence in a partner visa living with parents application is evidence that shows only that both partners use the same address, without showing that they live there as a couple. A driver licence and a bank statement for each partner at the parents' address is a start, but on its own it is consistent with two relatives staying in the same house.
Other examples of weak evidence include a single statement from a parent written in general terms, photographs from one event only, board payments made separately by each partner with no other shared finances, and a relationship statement that describes the wedding in detail but says nothing about daily life. The aim is not volume. A smaller set of specific, consistent documents is more persuasive than a large set of documents that do not answer the household question.
A note on documents in the parents' names
Many couples assume that because the lease, mortgage or utility accounts are in the parents' names, they have no household evidence. That is not correct. The parents' documents still prove the address and who owns or rents it. Combined with the couple's mail at that address, a board arrangement and the parents' supporting statements, they form a coherent picture. Where possible, couples can also ask to be added as account holders or authorised contacts on household accounts they contribute to.
Financial aspects when parents pay for the household
The financial aspects of a partner visa living with parents case are assessed by asking whether the couple share their own financial lives, even if the parents carry the main household costs. The regulations list joint ownership of assets, joint liabilities, pooling of financial resources, legal obligations owed by one partner to the other, and the basis of sharing day-to-day household expenses.
A couple who live with parents to save for a home deposit can show a joint savings account, a shared savings plan or joint investments. A couple who send money to family overseas can show that they decide those transfers together. A couple where one partner earns and the other studies or cares for children can show financial support from one to the other. Each of these arrangements is a normal way of combining financial lives, and each can be documented with bank records.
When one partner pays everything
Where one partner pays for most expenses, the explanation should be in the relationship statement. A partner who is studying, unable to work, newly arrived or caring for children may rely on the other financially. That dependence is itself evidence of a shared financial life, provided the records show the support. A partner visa living with parents application with an unexplained one-sided financial picture is weaker than one where the arrangement is explained and supported.
The My Migration Lawyers Difference
Affordable Fees
Complex Matter Capability
Instalment Payment Options
Two-Day Cooling-off Period
Partner visa living with parents when you have not lived together or have lived apart
A partner visa living with parents can still succeed where the couple have not yet lived together, or have lived apart for periods, but the reasons and the intention to live together must be explained and proven. The legal test is not only living together. It is living together or not living separately and apart on a permanent basis.
Married couples who have not yet lived together
The Department's procedural instruction on spouse relationships states that paragraph 5F(2)(d) requires any separation of the couple to be temporary. It states that an applicant cannot meet the requirement if they have never lived with their claimed spouse and cannot satisfy the delegate that they have an intention to live with them in the future. The onus is on the applicant to show that the separation is temporary. The instruction also states that there is no timeframe in which the couple must live together, and that claims must be considered case by case.
For a newly married couple in a partner visa living with parents situation, this often arises where the applicant is overseas and the sponsor lives with parents in Australia, or where the couple married but cultural or practical reasons kept them in separate family homes for a time. The application should explain why they have not yet lived together, when and where they plan to live together, and what steps they have taken towards it.
De facto couples and periods apart
The Department's procedural instruction on de facto relationships refers to the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. The instruction states that, as a result, a delegate cannot find that the living together requirement in paragraph 5CB(2)(c) is not met solely because the couple never lived together before the application, were not living together when the application was made, or were not living together when it is decided. The de facto relationship must still meet every other element, including any required period of relationship.
Periods living apart within a family arrangement
Some couples applying for a partner visa living with parents have spent periods apart. One partner may have stayed with family overseas to care for a parent, worked in another city, completed study, or travelled for a family event. The Department's instruction states that where parties claim a separation is or was temporary, delegates need to consider the reasons for the separation and whether they are consistent with a mutual commitment to each other.
Evidence of contact during the separation helps: call logs, messages, financial support, visits and joint planning. The relationship statement should explain the reason for the separation and when the couple returned to living together. Applicants who need to travel while an onshore application is pending should read our guide to the Bridging Visa B before leaving Australia.
Separated but living under the same roof
The opposite situation can also arise. The Department's instruction notes that a married couple can be separated while still living at the same address, where they have organised their lives separately and the connections of a married relationship have ended. This is why a shared address alone is not enough. In a partner visa living with parents application, the evidence must show that the couple are together, not merely that they live in the same house.
Consistent addresses across all documents and prior visa applications
Consistent addresses are essential in a partner visa living with parents application because the Department compares the addresses in the new application with the addresses in identity documents, financial records, Form 80 and every earlier visa application. An address history that does not match is one of the most common reasons a case officer begins to doubt the living arrangements.
Couples who live with parents often move between family homes, for example between the husband's parents and the wife's parents, or between a parent's home and a rental property. Each move should appear in the application with accurate dates. If one partner kept a former address on a licence or bank account after moving, the application should explain it rather than ignore it.
Earlier visa applications
Earlier visa applications are part of the record. A student visa, visitor visa or skilled visa application may have listed an address, a marital status or a relationship. If the partner visa living with parents application states that the couple lived together from a date when an earlier application listed a different address or stated that the applicant was single, the difference needs to be identified and addressed. An earlier error is not always fatal, but an unexplained inconsistency can raise questions about whether information is accurate.
My Migration Lawyers does not ask clients to find old visa paperwork they no longer have. The firm obtains the visa history itself, through VEVO, Department records and, where relevant, a freedom of information request. Our article on visitor visa holders applying for a partner visa explains why earlier statements about the purpose of a visit matter.
Form 80 and change of address during processing
The Department may request Form 80, which asks for a full address history. Our guide to completing Form 80 without errors explains how to complete it accurately. If the couple move out of the parents' home, or move in, after lodgement, the change must be notified. Our article on Form 1022 change of circumstances explains when to lodge it. The Department may also ask for further information through a section 56 request, and our article on responding to a section 56 request explains how to respond.
How a partner visa living with parents fits into the relationship statement
A partner visa living with parents is explained to the Department through one relationship statement, which is the couple's own account of their relationship in their own words. There is one relationship statement only. The financial aspects, the nature of the household, the social aspects and the nature of the commitment are aspects of the relationship that the statement and the evidence address. They are not separate statements.
The section of the relationship statement about the household should explain whose home it is, who lives there, when the couple moved in, why they live there, which space they share, how they contribute, how chores are divided, how they make decisions and what they plan for the future. It should use plain, specific language. Our guide to the partner visa relationship statement explains its structure.
The couple write the statement, review it and correct it. My Migration Lawyers presents their account in the form the law requires, checks it against the documents and the Form 888 supporting statements, and identifies any gap or inconsistency before lodgement. The firm does not add facts that are not the couple's own.
Explaining the cultural or practical reason
A partner visa living with parents application is stronger when the reason for the arrangement is stated plainly. A sentence such as "In our family, a married couple lives with the husband's parents, and we plan to stay until we have saved a deposit" tells the case officer what to expect in the evidence. A statement that does not mention the parents at all, followed by documents showing the parents' names on every household account, leaves the case officer to draw their own conclusion.
What the Tribunal has looked at in household and family cases
The Administrative Review Tribunal, and the Administrative Appeals Tribunal before it, has reviewed many partner visa refusals in which household arrangements and family involvement were in issue. The decisions below are matters that were remitted or set aside, and each is described only by the issues recorded for it. Each was decided on its own facts. They show the kinds of household questions the Tribunal examines in a partner visa living with parents type of case.
- In Lee (Migration) [2023] AATA 3123, a Subclass 820 matter, the recorded issues included long-term cohabitation, a joint bank account and joint responsibility for the home, garden, pets and extended family.
- In 1901559 (Migration) [2023] AATA 3243, a Subclass 820 matter, the recorded issues included joint finances and social activities and support from the sponsor's parents.
- In Le (Migration) [2019] AATA 3698, a Subclass 820 matter, the recorded issues were the sharing of day-to-day household expenses, living arrangements and the sharing of responsibility for housework.
- In Li (Migration) [2018] AATA 4910, a Subclass 820 matter, the recorded issues included consistent evidence about household arrangements.
- In Singh (Migration) [2019] AATA 5382, a Subclass 820 matter, the recorded issues included shared household expenses and housework and joint responsibility for the care of children.
- In Jaohara (Migration) [2018] AATA 4541, a Subclass 820 matter, the recorded issues included that the couple met through mutual family members and socialised with family.
These issues match the matters a case officer examines in a partner visa living with parents application: how household costs and housework are shared, how consistent the evidence is about living arrangements, how the couple share responsibility for children and extended family, and how the families support and recognise the relationship. Our article on what to expect in an ART review after a visa refusal explains the review process.
When a partner visa living with parents application is refused
When a partner visa living with parents application is refused on relationship grounds, the refusal usually turns on the Department not being satisfied that the couple live together as a genuine couple, often because the household evidence was thin or inconsistent. Before a refusal, the Department may send a natural justice letter. Our article on responding to a section 57 natural justice letter explains how to respond, and that letter is often the best opportunity to fill an evidence gap.
After a refusal, the couple may be able to seek merits review at the Administrative Review Tribunal. The deadline to apply is short and strictly applied, and the Tribunal cannot accept a late application. At review, the Tribunal considers the matter afresh and can take into account new evidence about the household. Our page on partner visa refusals, our article on partner visa refusal appeal options, our analysis of why Subclass 820 partner visas are refused and our article on why partner visas get refused explain the common grounds and the options. Our page on visa refusals and our guide to visa appeal lawyers explain the review process more broadly.
If the relationship ends or family violence occurs
Living in a family household can sometimes involve conflict with the partner or with family members. Where a relationship ends because of family violence by the sponsor, special provisions may allow the applicant to continue. Our page on the family violence provisions for partner visas and our article on what happens to a Subclass 820 application if the relationship breaks down explain the position.
Moving out of the parents' home during processing
Moving out of the parents' home during processing does not harm a partner visa living with parents application, provided the move is notified and the couple move together. Many couples move into their own home before the permanent stage. The onshore combined application is generally assessed for the permanent Subclass 801 stage about two years after lodgement, and the Department will ask for updated evidence. A new joint lease or mortgage at that stage adds to the evidence. Our Subclass 820 vs Subclass 801 guide and our 820 visa requirements guide explain the two stages. Our Subclass 820 visa explainer and our Subclass 820 partner visa guide cover the general requirements. Same-sex couples living with family are assessed on the same terms, and our LGBTI partner visa page covers issues that sometimes arise. Engaged couples outside Australia should read our Subclass 300 visa page, and sponsors with an earlier sponsorship should read our page on partner visa sponsorship limitations.
Choosing who acts on a partner visa living with parents application
A partner visa living with parents application is a legal assessment of a relationship, and the way the household is explained and evidenced can decide the outcome. Our article on when you need an immigration lawyer for a partner visa and our guide to the partner visa lawyer vs doing it yourself question explain when professional help is worth considering. Our article on whether to use a migration agent or a lawyer for a partner visa sets out the practical differences, and our overview of partner visa lawyer services in Australia explains what a lawyer does.
Couples who have already lodged and want help afterwards can read our guide to hiring an immigration lawyer after lodging your own application, and those with conflicting advice can read about getting a second opinion from an immigration lawyer. Our guide to booking an immigration lawyer consultation explains what to prepare. Those comparing firms can read our guides to choosing a partner visa lawyer in Australia, and, by city, choosing a partner visa lawyer in Sydney, Melbourne, Brisbane or Perth. For broader matters, My Migration Lawyers also acts through our immigration lawyers in Sydney and Melbourne. Where the firm acts, it is appointed through Form 956, explained in our article on Form 956 and 956A.
How My Migration Lawyers handles a partner visa living with parents application
My Migration Lawyers deals with complex partner visa matters and acts in many partner visa living with parents applications, where couples share a home with parents or extended family and the household evidence needs careful presentation. The firm is capable of handling these applications from the first review of the evidence through to the permanent stage, including where the couple have lived apart, have moved between family homes or have an earlier visa history that needs explaining.
In practice, the firm's work on a partner visa living with parents application includes:
- Reviewing how the couple live in the family home, who owns or rents it, who else lives there and how the couple contribute, so that the household aspect is understood before any document is collected.
- Obtaining the applicant's visa history itself, through VEVO, Department records and freedom of information requests where relevant, and checking every address, marital status and relationship statement in earlier applications against the new application.
- Identifying the evidence the couple already hold, such as mail at the parents' address, bank transfers for board and household costs, joint accounts and records of shared care for children or parents, and advising on how a board arrangement and address updates can reflect the couple's actual arrangements.
- Advising the parents, family members and friends on what a Form 888 supporting statement should cover, so that each witness describes in their own words what they have actually observed of the couple's household.
- Reviewing the couple's relationship statement so that the household section explains the cultural or practical reason for living with parents, the shared space, chores, contributions and decisions, and any periods apart.
- Checking the relationship statement, Form 888 supporting statements and documents against each other for consistency across all four aspects of the relationship.
- Managing section 56 requests, natural justice letters, Form 1022 notifications of any move, and the evidence update for the permanent Subclass 801 stage.
The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about the onshore combined application is on our Subclass 820 visa page, and more about the firm is on our about page. Consultations are conducted by video, so couples can obtain advice from wherever the family home is located.
If you are preparing a partner visa living with parents application, or want to know whether your household evidence is strong enough before you lodge, book a consultation online or call 1300 040 300.
Frequently Asked Questions
Can I get a partner visa living with parents?
Yes, you can get a partner visa living with parents. The law requires a couple to live together, or not to live separately and apart on a permanent basis, and to have a genuine and continuing relationship. It does not require the couple to live alone or to hold their own lease. The Department looks at how you live as a couple inside the family home and at the evidence of your shared household.
Will living with my in-laws cause my partner visa to be refused?
No, living with your in-laws will not cause a refusal on its own. Many couples live with one partner's parents for cultural or financial reasons, and the Department assesses the whole relationship. A refusal risk arises when the evidence does not show that you live in the home as a couple. Mail at the address, contributions to household costs and supporting statements from the family usually address that risk.
What does the Department look at for a partner visa living with parents?
For a partner visa living with parents, the Department looks at whether the couple live as a couple inside the family home. That includes whether they share a bedroom or living space, how they share chores, whether they pay board or contribute to household costs, how they make decisions together and how the family treats them. These matters fall within the financial, household and social aspects of the relationship and the nature of the commitment.
How do we prove we live together when the bills are in my parents' names?
You prove you live together through mail addressed to both of you at the parents' address, bank records showing board or household payments, a written board arrangement if you pay board, and Form 888 supporting statements from family members who live with you. The parents' lease, mortgage or utility documents still prove the address. Together these documents show that you live in the home as a couple even though the main accounts are not in your names.
Do we need to pay board to our parents for a partner visa?
No, paying board is not a legal requirement for a partner visa living with parents. If you pay board, a simple written arrangement and matching bank transfers are useful evidence. If your parents do not charge board, you should say so and show other ways you contribute, such as groceries, a utility bill, internet or phone costs, repairs or care for the parents. The aim is to show how you contribute to the household as a couple.
Can my parents make a Form 888 for our partner visa?
Yes, parents who are Australian citizens or permanent residents can make a Form 888 supporting statement, and in a partner visa living with parents case they are often the most useful witnesses. They see the relationship every day and can describe when you moved in, which room you share, how you divide chores and how the family treats you. Each statement should be in the parent's own words and describe what they have actually observed.
Does it matter whose parents we live with?
No, it does not matter in law whether you live with the sponsor's parents or the applicant's parents. A partner visa living with parents application is assessed the same way in either case. What matters is that the relationship statement explains whose home it is and why you live there, and that the evidence shows you living there as a couple. If you have lived with both families at different times, each period should be described with accurate dates.
We are married but have not lived together yet. Can we still apply?
Yes, a married couple who have not yet lived together may still apply, but they must satisfy the Department that the separation is temporary and that they intend to live together. The Department's policy states there is no set timeframe for living together and that each case is considered on its facts. The application should explain why you have not lived together yet, when and where you plan to, and the steps you have taken.
Do we need our own bedroom for a partner visa living with parents?
There is no legal rule requiring a separate bedroom, but in a partner visa living with parents application, sharing a bedroom or private space is strong evidence that you live as a couple within the family home. If you have had separate rooms at any time, for example because of a new baby, illness or a cultural practice before a wedding, the reason should be explained in the relationship statement rather than left unexplained.
Is it a problem if our addresses are different on some documents?
It can be a problem if the difference is not explained. The Department compares addresses across identity documents, financial records, Form 80 and earlier visa applications. In a partner visa living with parents case, couples often move between family homes or keep an old address on a licence. Each address and each move should be stated accurately, and any document that still shows an old address should be explained before lodgement.
What if my earlier visa application gave a different address or said I was single?
An earlier visa application with a different address or marital status needs to be identified and addressed before the partner visa is lodged. The Department can compare what you said earlier with what you say now. A difference is not automatically fatal, particularly where circumstances genuinely changed, but an unexplained inconsistency can raise questions about whether information is accurate. A lawyer can obtain your visa history from the Department and check it for you.
What photos help a partner visa living with parents application?
Photos of ordinary daily life in the family home help most. Examples include the couple cooking together, family meals, birthdays and cultural or religious celebrations at home, the couple with the parents, and the couple with children in the household. Photos spread over months or years are more useful than many photos from one event. Wedding photos show the ceremony but not the household, so they should be supported by everyday photos.
Can we move out of my parents' home while the partner visa is processed?
Yes, you can move out of your parents' home while the partner visa is processed, provided you move together and notify the Department of the new address, generally through Form 1022. Moving into your own home does not harm a partner visa living with parents application. A new joint lease or mortgage can add to the evidence the Department considers at the permanent Subclass 801 stage.
How should the relationship statement describe living with parents?
The relationship statement should describe living with parents plainly and specifically. It should explain whose home it is, who lives there, when you moved in, why you live there, which space you share, how you contribute and divide chores, how you make decisions and what you plan for the future. There is one relationship statement, written in your own words. The four aspects of the relationship are matters it addresses, not separate statements.
Has the Tribunal considered partner visa cases involving family households?
Yes, the Administrative Review Tribunal and the former Administrative Appeals Tribunal have considered many partner visa matters involving household arrangements. Recorded issues in remitted matters include the sharing of household expenses and housework, living arrangements, consistent evidence about household arrangements, joint responsibility for extended family and support from the sponsor's parents. Each case is decided on its own facts, so the evidence must address the couple's specific household.
What can I do if my partner visa living with parents application is refused?
If a partner visa living with parents application is refused, you may be able to seek merits review at the Administrative Review Tribunal. The deadline is short and strictly applied, and the Tribunal cannot accept a late application. The Tribunal considers the matter afresh and can take new evidence about your household into account. You should obtain advice promptly after receiving the refusal so the review application and evidence can be prepared in time.
























