Partner Visa Long-Distance Relationship

A partner visa long distance relationship application is possible, and many genuine couples are approved after years spent mostly in different countries. The law does not require a couple to share a home before applying. It requires a genuine and continuing relationship, a mutual commitment to a shared life together, and a separation that is temporary rather than permanent.

This guide explains how a partner visa long distance relationship is assessed in Australia, which visa pathway fits, what evidence carries weight when the couple has spent most of the relationship apart, and where these applications commonly go wrong. It is written for the person applying overseas and for the Australian partner who will sponsor them.

Distance is not a disqualification. It is, however, a reason the Department of Home Affairs will look more closely at how the relationship began, how it has been maintained and what the couple plan to do next. A partner visa long distance relationship file has to answer those questions with evidence, not assumptions. For the broader framework, the firm's complete guide to partner visas in Australia explains every subclass and stage.

Can you get a partner visa in a long distance relationship?

Yes. A couple can be granted an Australian partner visa even though they have lived in different countries for most, or nearly all, of the relationship, provided the relationship meets the legal definition of a spouse or de facto partner and the separation is temporary.

The legal test sits in the Migration Act 1958. Section 5F defines a spouse and section 5CB defines a de facto partner. Both definitions require the couple to have a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and to be living together or not living separately and apart on a permanent basis. The words "on a permanent basis" are the key to every partner visa long distance relationship case. Living apart is not the problem. Living apart permanently is.

The Department's own policy guidance confirms this. It states that any separation must be temporary, that the onus is on the applicant to show the couple will live together in the future, and that there is no set timeframe within which they must do so. Each case is considered on its own facts.

In practice, the strength of a partner visa long distance relationship application depends on three things:

• The history. How the couple met, how often they have been together in person, and how the relationship developed.
• The maintenance. How the couple have kept the relationship going across distance, through communication, visits, financial support and involvement in each other's lives.
• The future. What concrete plans the couple have made to live together in Australia, and what steps they have already taken.

If you want to understand how a lawyer approaches these matters from the outset, the article on when you need an immigration lawyer for a partner visa sets out the issues that usually call for advice.

Which partner visa fits a long distance relationship?

The right visa for a partner visa long distance relationship depends on whether the couple is married, in a de facto relationship, or engaged, and on where the applicant will be when the application is made.

Married couples: Subclass 309 and Subclass 820

A married couple can apply for a partner visa as spouses. If the applicant is outside Australia, the application is for the offshore Subclass 309 and Subclass 100 partner visa. The Department's policy confirms that all applicants for a Subclass 309 visa must be outside Australia when the application is made. If the applicant is in Australia, the application is for the onshore Subclass 820 and Subclass 801 partner visa, and the applicant must be in Australia when it is lodged.

Both pathways have two stages: a temporary visa first and a permanent visa later. The article on the difference between Subclass 820 and Subclass 801 explains how the two stages connect, and the Subclass 820 partner visa guide covers the onshore requirements in detail.

A marriage must be valid for Australian migration purposes. A marriage held overseas is generally recognised if it was valid where it took place and does not fall within the categories Australian law refuses to recognise. A valid marriage certificate does not end the inquiry. The Department still assesses whether the relationship is genuine and continuing, and a married couple in a partner visa long distance relationship still needs evidence of the four aspects of the relationship discussed below.

De facto couples and the 12 month requirement

A couple who is not married can apply as de facto partners. For partner visas, regulation 2.03A of the Migration Regulations 1994 generally requires the de facto relationship to have existed for at least 12 months immediately before the application is made. The firm's guide to the de facto partner visa and its exceptions explains this rule, and the article on whether you really need 12 months of de facto relationship addresses the most common misunderstanding.

The 12 month period is a period of de facto relationship, not a period of living together. Even so, a couple who has never lived together, or has spent very little time together, can find it difficult to show that a de facto relationship existed for the whole 12 months. This is one of the most important points for de facto couples in a partner visa long distance relationship.

There are exceptions to the 12 month requirement. The main ones are:

• Compelling and compassionate circumstances. The Department's policy describes this as a high threshold. It gives examples such as a dependent child of the relationship, or de facto relationships being illegal where the couple lives.
• A registered relationship. Where the relationship is registered under a prescribed Australian State or Territory law, the 12 month period does not apply.
• Certain humanitarian visa cases. Separate exceptions apply where the partner holds, held or has applied for a permanent humanitarian visa, in the circumstances the regulation sets out.

Registration is usually only practical where the couple can meet the registering State or Territory's own requirements. Same sex couples have the same partner visa rights as other couples, and the firm's page on LGBTI and same sex partner visas explains how these applications are handled.

Engaged couples: the Subclass 300 Prospective Marriage visa

An engaged couple who intend to marry in Australia may consider the Subclass 300 Prospective Marriage visa. The applicant must be outside Australia when applying. Under clause 300.214, the couple must have met in person since each of them turned 18 and must be known to each other personally. The Department's policy states that written correspondence, phone calls or internet contact do not count as having met in person.

The couple must also genuinely intend to marry within the visa period and genuinely intend to live together as spouses. For many engaged couples in a partner visa long distance relationship, the Subclass 300 is the natural path, because it allows the applicant to travel to Australia, marry and then apply for the onshore partner visa.

The Australian partner's eligibility to sponsor

Whatever the pathway, the Australian partner must be eligible to sponsor. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Limits apply to how many partners a person can sponsor and how soon after an earlier sponsorship. These are explained on the firm's page on partner visa sponsorship limitations and in the article on when a sponsor cannot sponsor a partner visa. Partners of New Zealand citizens who are not eligible New Zealand citizens may need to look at the Subclass 461 visa instead.

What does "not living separately and apart on a permanent basis" mean?

It means that a couple who live apart can still be spouses or de facto partners, as long as the separation is temporary and both people intend to live together in the future. It is the legal test that makes a partner visa long distance relationship possible.

For de facto couples, the Department's policy refers to the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. The policy states that, because of that decision, 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 applying, or were not living together when the application was made or decided.

That is a significant protection. It does not make cohabitation irrelevant. The same policy says evidence of living together may still be relevant to whether the relationship is genuine and continuing. A couple who has never lived together can therefore satisfy the living apart test but still face close questions about genuineness.

For married couples, the Department's spouse policy takes a similar approach to temporary separation. It says the onus is on the applicant to show that the separation is temporary and that the couple will live together at some point. It also says the Department should consider the reasons for a temporary separation and whether they are consistent with a mutual commitment.

The practical lesson for any partner visa long distance relationship is simple. The application must explain why the couple has been apart, show that the reasons are real, and show that the couple has a clear and credible plan to end the separation.

Common reasons that explain a temporary separation include:

• one partner has not yet been granted a visa to live in the other partner's country
• work, study or caring obligations that cannot be ended immediately
• travel restrictions, such as those that applied during COVID-19
• the time needed to save money, resign from a job or close affairs before relocating
• family or cultural expectations that the couple marry before living together

How the Department assesses a partner visa long distance relationship

The Department assesses a partner visa long distance relationship by considering all the circumstances of the relationship, including four prescribed aspects: 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.

These four aspects are set out in regulation 1.15A for spouses and regulation 1.09A for de facto partners. For partner visas, the decision maker must consider all four. The Department's policy states that the four aspects are circumstances to be considered, not criteria that must each be met. It would be an error to refuse a partner visa simply because one aspect is weak.

This matters greatly in a partner visa long distance relationship. Couples living in different countries will rarely have a joint lease, joint utility bills or a long history of shared household chores. The assessment does not ask whether the couple looks like a couple who has lived together for years. It asks whether, looking at everything, the relationship is genuine and continuing and the commitment is mutual. The firm's article on how to prove your relationship is genuine explains each aspect in general terms. Below, each aspect is adapted to distance.

Financial aspects across distance

Financial aspects for a couple in different countries usually look different. Instead of joint accounts and a shared mortgage, the evidence may show money transfers from one partner to the other, one partner paying for the other's flights or accommodation, contributions to wedding costs, or savings for the move to Australia.

The Department's policy notes that some couples keep separate accounts and that the question is whether there is evidence of spending on shared costs. A partner visa long distance relationship can show shared costs in a different way: travel, visits, the applicant's visa costs, gifts, or support during illness or unemployment.

The nature of the household when there is no shared home

The nature of the household covers living arrangements, shared responsibility for children and sharing of housework. Where the couple has never shared a home, the honest answer is that there is little household evidence. That should be acknowledged, not hidden.

What can be shown is any period of living together during visits, such as a rented apartment or a stay at one partner's home, and the couple's plans for their future household in Australia. Where the couple has children together, evidence of shared care and support across the distance is highly relevant.

Social aspects in two countries

Social aspects include whether the couple presents itself to others as a couple, the opinion of friends and family, and joint social activities. In a partner visa long distance relationship, the social evidence often comes from two places: the applicant's country and Australia.

Meeting each other's families, attending family events, an engagement or wedding ceremony, social media that shows the relationship over time, and statements from people who know the couple all contribute. The firm's guide to preparing evidence of a genuine relationship covers the documents that support this aspect.

The nature of the commitment

The nature of the commitment is often the strongest aspect in a partner visa long distance relationship. It includes the duration of the relationship, the time the couple has lived together, the companionship and emotional support they draw from each other, and whether they see the relationship continuing long term.

The Department's policy says mutuality may be assessed by the partners' knowledge of each other's personal circumstances and by evidence of long term intentions. Daily communication, knowledge of each other's family, history and daily life, and concrete plans to live together are the core of this aspect.

A useful starting point for gathering this material is the firm's partner visa document checklist, together with the Subclass 820 visa requirements and documents guide for couples who will apply onshore.

What evidence proves a partner visa long distance relationship?

The evidence that proves a partner visa long distance relationship is evidence that shows the relationship developed over time, was maintained across the distance, and is directed towards a shared life together. Quality and consistency matter more than volume.

No single document is required, and no checklist is mandatory. The decision maker weighs everything together. A partner visa long distance relationship file is strongest when each category of evidence supports the same story told in the relationship statement. For a broad list of documents, see the firm's complete evidence checklist for an 820 partner visa. The categories below are the ones that matter most when a couple has been apart.

Visits and time spent together in person

Evidence of time together in person is usually the foundation of a partner visa long distance relationship. It shows that the relationship is not only conducted online, and that the couple has experienced each other's company and daily life.

Useful evidence includes:

• passport stamps, boarding passes, flight itineraries and travel receipts
• accommodation bookings, particularly where the couple stayed together
• photographs taken across different visits, with dates and places identified
• evidence of activities during visits, such as tickets, restaurant receipts and tours
• evidence of meeting family and friends during visits

A simple table of every visit, with dates, places and who travelled, is often the most useful single document in a partner visa long distance relationship application. It allows the decision maker to see the pattern at a glance, and it must match the travel history declared elsewhere, including on Form 80 where it is requested.

Communication records

Regular communication is how a long distance relationship is maintained, so records of it are central. The Department's policy refers to evidence of contact that shows the development of the relationship, and Tribunal decisions often refer to methods of communication.

The aim is not to upload thousands of screenshots. The aim is to show frequency, consistency and content over the life of the relationship. Representative samples from each period, call logs showing regular calls, and messages showing that the couple shares daily life, plans and decisions are generally more useful than bulk material. Where the couple communicates in a language other than English, translation of representative samples may be needed.

Money transfers and financial support

Money transfers between partners in different countries are strong evidence in a partner visa long distance relationship, especially where they show regular support rather than a single payment. Bank statements, remittance receipts and records of one partner paying for the other's travel, study, medical costs or visa costs all show financial interdependence across distance.

The purpose of each transfer should be clear. Unexplained transfers can raise questions. A short explanation in the relationship statement of why support was given, and how the couple manages money, helps the decision maker understand the evidence.

Meeting each other's families

Meeting each other's families shows that the relationship is known and accepted beyond the couple. In many cultures it is also a necessary step before engagement or marriage. Photographs at family events, evidence of travel to meet parents, and statements from family members are relevant to the social aspects of the relationship.

Where one family does not know about or does not accept the relationship, that should be explained honestly. The Department's policy recognises that the laws or traditions of an applicant's home country may discourage a couple from openly acknowledging a relationship.

Plans to live together

Plans to live together are what turn a partner visa long distance relationship from a relationship that happens to be apart into one with a temporary separation. Evidence may include:

• research and enquiries about housing in Australia
• a lease or property in Australia intended for the couple's shared home
• job applications, resignations or transfer requests linked to the move
• savings for relocation and shipping
• arrangements for children, schools or care of family members

Engagement and wedding evidence

An engagement or wedding is significant evidence of commitment. Engagement photographs, ceremony details, guest lists, wedding photographs, the marriage certificate and evidence of who attended all support the social aspects and the commitment. For engaged couples applying for a Subclass 300 visa, the Department's policy states that it generally expects a signed letter from the authorised marriage celebrant who will conduct the ceremony, though the requirement may be waived in limited circumstances.

How much time together is enough for a partner visa?

There is no minimum period of time together for a partner visa, other than the 12 month de facto relationship requirement and its exceptions. A partner visa long distance relationship is assessed on all the circumstances, not on a count of days spent in the same place.

That said, the amount of time a couple has spent together in person affects how the evidence is read. A relationship with very little in person contact can be genuine, but it places more weight on the other evidence: communication, financial support, family involvement and future plans.

Several factors influence how short in person time is viewed:

• Why the time was short. Visa refusals, travel restrictions, cost, work and family obligations are all real reasons, and they should be explained with evidence.
• What happened during the time together. A short visit during which the couple met each other's families and became engaged is very different from a short holiday with no other context.
• What happened between visits. Daily communication and support between visits can show a relationship that continued in substance, even without physical presence.

The Department's policy for the Subclass 300 visa notes that very little knowledge of each other may be relevant to whether the couple genuinely intends to live together. The same logic applies to every partner visa long distance relationship. Knowledge of each other's lives is the real test, and in person time is one way of showing it.

Couples sometimes ask whether they should wait until they have spent more time together before applying. That is a strategic question that depends on the visa pathway, the 12 month requirement for de facto couples, the applicant's current visa position and the evidence already available. The article on the onshore Subclass 820 visa explained and the guide to Subclass 820 processing times help couples understand the timing considerations.

Rapid relationships, age gaps and introductions through family or online

Rapid relationships, significant age gaps, and relationships that began online or through family introduction are lawful and can succeed, but in a partner visa long distance relationship they tend to attract closer scrutiny and should be explained rather than left for the decision maker to assume.

Relationships that moved quickly

Where a couple became engaged or married soon after meeting, the decision maker may ask whether the commitment is genuine or whether it was driven by the visa. The answer lies in context: cultural expectations, the couple's age and life stage, how much they communicated before meeting in person, and what has happened since. A relationship that progressed quickly but has since been maintained consistently is a different case from one that progressed quickly and then went quiet.

Age gaps

An age gap is not a ground for refusal. It can, however, lead the decision maker to look more closely at mutuality of commitment and at whether each partner knows the other well. Evidence of shared interests, family acceptance, and practical plans for the future helps answer those questions.

Online and family introductions

Many genuine relationships begin on dating apps, social media or through family introduction. The Department's spouse policy states that an arranged marriage is not, by itself, a reason to refuse to recognise a marriage, although the decision maker will take care in assessing whether the relationship is genuine and continuing. Real consent by both people is essential. For an online introduction, the communication history is often the best evidence of how the relationship developed before the couple met.

What Tribunal decisions show about partner visa long distance relationship cases

Decisions of the Administrative Review Tribunal, and its predecessor the Administrative Appeals Tribunal, show that long distance relationships are regularly reconsidered on review, and that the same themes come up repeatedly: time in different countries, limited financial and household evidence, methods of communication, and knowledge of the partner.

The following are Subclass 309 and Subclass 300 matters that the Tribunal remitted. The issues listed are taken from the issue summaries recorded for each decision.

• In PHAM (Migration) [2019] AATA 3680, a Subclass 309 matter that the Tribunal remitted, the issues included a genuine de facto relationship, living in separate countries, having previously lived together, and the relationship history.
• In Koroma (Migration) [2026] ARTA 200, a Subclass 309 matter that the Tribunal remitted, the issues included a couple validly married in the home country, and limited financial, household and social aspects while living in different countries.
• In Singh (Migration) [2018] AATA 5925, a Subclass 309 matter that the Tribunal remitted, the issues included the sponsor financially supporting the visa applicant, living in separate countries for the past 10 years, and a widely recognised relationship.
• In Raymont (Migration) [2020] AATA 5584, a Subclass 309 matter that the Tribunal remitted, the issues included the applicants' visits to each other's countries, the applicant's inaccurate knowledge of the sponsor, and methods of communication.
• In Nguyen (Migration) [2022] AATA 185, a Subclass 309 matter that the Tribunal remitted, the issues included cultural engagement and a marriage registered in the home country, and daily communication during COVID-19 travel restrictions.
• In Vashevnik (Migration) [2018] AATA 5789, a Subclass 300 matter that the Tribunal remitted, the issues included whether the parties genuinely intend to marry, and a long distance relationship.

These decisions do not predict the result of any other case. Each turns on its own evidence. They do confirm that a partner visa long distance relationship refused by the Department can be considered afresh on review, and that the themes in this article are the ones decision makers actually examine. The firm's article on why Subclass 820 partner visas are refused and the general guide on why partner visas get refused show how the same themes appear in onshore matters. Where a refusal has already been made, the firm's partner visa refusals page, its guide to partner visa appeal options and the article on what to expect in an ART review explain the next steps. The firm's wider work on visa refusals and Tribunal reviews is described separately.

The relationship statement in a long distance relationship

The relationship statement is the most important single document in a partner visa long distance relationship application, because it explains the history, the distance and the plan in the couple's own words.

There is one relationship statement. 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.

For a long distance relationship, the statement should cover, in a clear chronological order:

• how and where the couple met, and how contact developed
• each in person meeting, with dates, places and what happened
• how the couple communicates between visits, and how often
• why the couple has lived apart, and why the separation is temporary
• how the couple supports each other financially and emotionally
• each partner's involvement with the other's family and friends
• the engagement or marriage, where relevant
• the couple's concrete plans to live together in Australia

The statement is the client's own evidence. It is prepared from the client's account, reviewed and corrected by the client, and must be accurate in every detail. Dates in the statement must match passports, travel records, Form 80 answers and the other evidence. A small inconsistency in a partner visa long distance relationship can matter more than in other cases, because the decision maker has fewer shared documents to rely on. The firm's guide to the partner visa relationship statement, with examples explains the structure in more detail.

The statement should also be candid about weaknesses. If the couple has spent limited time together, or has little financial evidence, the statement should explain why. An honest explanation, supported by evidence, is far more persuasive than silence. Where the application is lodged by the couple without assistance, the article comparing a partner visa lawyer with doing it yourself sets out the points to weigh, and the ImmiAccount guide explains how applications are lodged online.

If the couple's circumstances change after lodgement, for example they marry, move in together or one partner relocates, the Department should be told. The firm's article on Form 1022 and changes of circumstances explains when notification is required.

Form 888 statements from people who know the couple

Form 888 statements from friends and family are valuable in a partner visa long distance relationship because they provide independent evidence that people who know the couple regard the relationship as genuine and continuing.

The Department provides Form 888 for supporting witnesses in partner and prospective marriage visa applications. The Department's policy refers to the opinion of friends and acquaintances as part of the social aspects of the relationship. Witnesses who have seen the couple together in person, attended the engagement or wedding, or been told about the relationship over time are generally the most helpful.

In a partner visa long distance relationship, it can help to have witnesses from both sides. A witness in Australia can speak about the sponsor's commitment and plans, and a person who knows the couple overseas can speak about time spent together there. Each statement should be in the witness's own words, accurate and specific. The firm's guides to what a Form 888 should actually say and to Form 888 example answers and common mistakes explain who can make one and what is useful.

Visiting Australia and applying for a partner visa onshore

An applicant in a partner visa long distance relationship who is visiting Australia may be able to apply for the onshore Subclass 820 visa, but only if their current visa allows it, and the visitor visa must have been obtained honestly as a genuine visit.

Three issues commonly arise.

Condition 8503 and other no further stay conditions

Many visitor visas carry condition 8503. The Department's policy describes it as preventing the holder, after entering Australia, from being granted a substantive visa other than a protection visa while remaining in Australia. A visitor with condition 8503 generally cannot lodge a valid Subclass 820 application unless the condition is first waived. Waivers are only available in limited prescribed circumstances. The firm's article on applying for a Subclass 820 visa with a no further stay condition explains the rules.

The genuine visitor requirement

A visitor visa is granted on the basis that the holder genuinely intends to visit temporarily. A couple in a partner visa long distance relationship should be careful about what was said when the visitor visa was applied for. If the visitor visa application said the visit was for tourism only, and the partner visa application later shows that the couple always intended to apply onshore, the inconsistency may be raised. The firm's article on moving from a tourist visa to a partner visa explains what to check before applying.

A change of plans during a genuine visit is not, by itself, a problem. Many couples decide to apply onshore after spending time together in Australia. What matters is that every answer given to the Department, at every stage, was true when it was given.

Bridging visas and Schedule 3

A valid Subclass 820 application lodged while the applicant holds a substantive visa will usually lead to a bridging visa. The firm's guides to Bridging Visa A, work rights while waiting for a Subclass 820 visa and bridging visas in Australia generally explain how this works. Travel overseas while the onshore application is being processed usually requires a Bridging Visa B, which matters for couples who still need to visit family overseas.

If the applicant's visa has already expired, additional Schedule 3 criteria may apply, and these can be difficult to meet. The firm's page on Schedule 3 waivers for partner visas and its articles on applying without a substantive visa and the Schedule 3 criteria explain the position. Where a previous visa has been refused, the article on applying for a partner visa after a visa refusal should be read before any application is lodged.

Common mistakes in a partner visa long distance relationship application

The most common mistakes in a partner visa long distance relationship application are inconsistent dates, unexplained gaps, bulk evidence without explanation, and a failure to show concrete plans to live together.

• Inconsistent travel dates. Visit dates in the relationship statement that do not match passports, Form 80 or earlier visa applications.
• Unexplained periods of no contact. Gaps in communication or visits that are not explained, which can look like a break in the relationship.
• Too much material, too little explanation. Thousands of screenshots with no index or summary, leaving the decision maker to find the relationship in the material.
• Hiding weaknesses. Failing to address limited time together or limited financial evidence, rather than explaining the reasons.
• No evidence of future plans. A file that proves the past but not the intended shared life in Australia.
• Inaccurate knowledge of the partner. Errors about the partner's family, work or history, which can raise doubts about mutual commitment, particularly at interview.
• Earlier visa answers that conflict with the partner visa. Visitor or student visa applications that described the relationship differently, or did not mention it at all.

Each of these mistakes can be avoided with careful preparation. The firm's guide to partner visa lawyers' fees and how to choose and the article on hiring an immigration lawyer after lodging your own application are useful for couples deciding whether to seek help, including where an application has already been lodged.

Interviews, requests for information and natural justice letters

The Department may interview one or both partners, request further information, or put adverse information to the applicant before deciding a partner visa long distance relationship application.

Interviews are a common way for the Department to test knowledge of each other's circumstances. The Department's policy refers to interviewing the applicant and the sponsor, and to the partners' knowledge of each other's personal circumstances. Couples should not memorise answers. They should simply know each other's lives, family and history, and their answers should match the evidence.

A request for more information under section 56 of the Migration Act 1958 sets a time to respond. The firm's article on responding to a section 56 request explains how these work. Where the Department has information that may lead to refusal, it may invite comment under section 57. The article on the section 57 natural justice letter for a partner visa explains how to respond. In a partner visa long distance relationship, these letters often focus on limited time together, inconsistent dates or doubts about future plans.

Representatives are appointed through Form 956, explained in the firm's guide to Form 956 and 956A.

What happens if a partner visa long distance relationship application is refused?

If a partner visa long distance relationship application is refused, the refusal can usually be reviewed by the Administrative Review Tribunal, and the time limit to apply for review is short and strictly applied.

For an offshore Subclass 309 refusal, the application for review is generally made by the Australian sponsor. For an onshore Subclass 820 refusal, the applicant generally applies and must be in Australia when doing so. The refusal letter states who may apply and the time limit. The Tribunal considers the matter afresh and can consider new evidence, which is often where a partner visa long distance relationship file is strengthened with evidence of visits, communication and plans that was not before the Department.

Where the Tribunal affirms a refusal, further options may be limited, and in some cases judicial review of an error of law may be available. The firm's article on when you need a visa appeal lawyer and its guide to getting a second opinion from an immigration lawyer explain the role of a lawyer at this stage.

Sponsoring from Australia: what the Australian partner should know

The Australian partner plays a central role in a partner visa long distance relationship application, as sponsor, as a source of evidence, and as the person whose commitment to the shared life in Australia is being assessed alongside the applicant's.

The sponsor should keep records of their own travel to visit the applicant, money sent overseas, communication, and the preparations made in Australia for the couple's life together. The sponsor's own relationship history matters too. Previous sponsorships and previous partners must be disclosed accurately, and the sponsor's account of the relationship must match the applicant's account in every detail.

Where the applicant is overseas, the sponsor is often the person with better access to Australian documents, such as a lease, employment records and statements from Australian witnesses. A well prepared partner visa long distance relationship application usually reflects the work of both partners, not only the applicant. The firm's article on processing times for an onshore partner visa and its guide to what a Subclass 820 visa costs help sponsors plan ahead.

Partner visa long distance relationship advice across Australia

My Migration Lawyers advises couples in a partner visa long distance relationship wherever the Australian partner lives, with consultations held by video so that both partners can attend from different countries.

The firm acts for sponsors and applicants connected to every major city. It acts as partner visa lawyers in Sydney and Parramatta, as partner visa lawyers in Melbourne, Brisbane, Perth and Adelaide, and for clients on the Gold Coast, in Canberra and in Hobart.

For wider migration matters, the firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane and Perth. Sponsors researching local options may also find the guides to partner visa lawyers in Sydney and partner visa lawyers in Melbourne useful, together with the general guide on how to choose a partner visa lawyer in Australia and the article on booking an immigration lawyer consultation.

How My Migration Lawyers helps couples with a partner visa long distance relationship

My Migration Lawyers acts in many partner visa matters where the couple has spent most of the relationship in different countries, including complex cases involving limited time together, rapid engagements, earlier visa refusals, visitor visas with no further stay conditions and applications already refused by the Department. The firm deals with complex partner visa long distance relationship matters regularly and is capable of handling them from first advice through to Tribunal review.

The firm's work on a partner visa long distance relationship application is practical and specific to the distance.

• Choosing the pathway. The firm advises whether the couple should apply as spouses, as de facto partners or for a Subclass 300 visa, whether the 12 month requirement or an exception applies, and whether the application should be made onshore or offshore.
• Building the visit and communication timeline. The firm prepares a single verified timeline of every in person meeting, checked against passports, travel records, Form 80 and earlier visa applications, so that dates are consistent across the file.
• Explaining the separation. The firm identifies the reasons the couple has lived apart, the evidence that the separation is temporary, and the evidence of concrete plans to live together in Australia.
• Presenting the client's account. The relationship statement is the client's own evidence. The firm takes the client's account, presents it in the form the law requires, and the client reviews and corrects every detail before it is signed.
• Selecting and organising evidence. The firm selects representative communication records, financial transfers, family evidence and Form 888 statements, and indexes them against the four aspects of the relationship so the decision maker can follow the case.
• Responding to the Department. Where an interview, section 56 request or section 57 letter is received, the firm prepares the response and the legal submissions.
• Review. Where a partner visa long distance relationship application has been refused, the firm prepares the Tribunal application, the evidence and the submissions.

The firm's partner visa practice is described on its partner visa lawyers page, and its Principal Lawyer, Weiwei Zhang, oversees that practice. More about the firm is on the about page.

If you and your partner live in different countries and want advice on a partner visa long distance relationship application, book a consultation online. You can also call 1300 040 300.