Partner Visa Nature of the Household

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 5, 2026
39 min read
Reading Time
39 min read
Table Of Contents

Key Takeaways

  • The partner visa nature of household aspect is one of four matters the Department of Home Affairs must consider when it assesses a spouse relationship for a partner visa. Under regulation 1.15A(3)(b) of the Migration Regulations 1994, it covers the couple's living arrangements, any sharing of the responsibility for housework and any joint responsibility for the care and support of children.
  • Department policy lists the usual evidence of living arrangements: joint ownership of residential property, joint residential leases, joint rental receipts, joint utilities accounts and correspondence addressed to either or both partners at the same address.
  • A married couple must live together, or not live separately and apart on a permanent basis, under paragraph 5F(2)(d) of the Migration Act 1958. A temporary separation for work, study, family care or visa reasons does not end the relationship, but the reasons must be explained and must be consistent with a mutual commitment.
  • Living with parents, sharing a house, moving often or living in different countries are common situations. None of them is fatal in itself, but each needs a clear explanation and evidence that fits the couple's real circumstances.
  • Every address in the application form, Form 80, the relationship statement, Form 888 statements and the documents must line up. Inconsistent addresses are one of the most common reasons household evidence is doubted.
  • Household evidence is assessed again at the permanent stage, so couples should keep updated leases, bills, mail and records of how they share the home throughout the whole process.

The partner visa nature of household aspect asks a simple question: how do the two partners actually live together? This guide explains what case officers assess under the partner visa nature of household heading, what evidence shows it, and how to present living arrangements that do not fit the usual pattern.

The Department of Home Affairs does not decide a partner visa by looking at a wedding certificate alone. It looks at the whole relationship. The nature of the household is one of four matters it must consider for a spouse relationship, together with the financial aspects of the relationship, the social aspects of the relationship and the nature of the couple's commitment to each other. The partner visa nature of household evidence often carries more weight than couples expect, because it shows daily life rather than special occasions.

This article focuses on married couples applying for the onshore Subclass 820 partner visa and the permanent Subclass 801 visa that follows it. The same household principles also apply to offshore applications and to couples who apply through the Subclass 300 Prospective Marriage visa once they marry. Requirements for the onshore stream are set out in the guides to Subclass 820 requirements, documents and how to apply and the Subclass 820 partner visa in full. For an overview of every stream, see the firm's complete guide to partner visas in Australia.

What is the nature of the household for a partner visa?

The nature of the household is the part of a partner visa assessment that looks at the couple's home life: where they live, who they live with, how they share the work of running the home, and how they care for any children. It is not a separate form or document. It is an aspect of the relationship that the Department assesses from all of the evidence in the application.

A useful way to understand the partner visa nature of household aspect is to imagine a case officer visiting the couple's home. The officer would want to know whether both partners really live there, whether the home is shared as a married couple's home, and whether both partners take part in running it. The documents in the application are a substitute for that visit.

The partner visa nature of household assessment therefore asks three practical questions.

  • Where and how do the partners live? This covers the address, the type of home, who else lives there, and whether the home is owned, rented or provided by family.
  • How is the work of the home shared? This covers cooking, cleaning, shopping, laundry, repairs, gardening, paying household bills and other daily tasks.
  • How are children cared for? This covers any children of the relationship, children from earlier relationships and other children in the household.

The answers do not need to match a perfect picture of family life. Couples live in many different ways. What matters is that the evidence is genuine, consistent and explains the couple's real circumstances. The firm's guide to partner visa relationship evidence explains how the household fits with the other three aspects.

Where the partner visa nature of household test comes from

The partner visa nature of household test comes from the Migration Act 1958 and the Migration Regulations 1994. Understanding the legal source helps couples see why the Department asks the questions it asks.

Section 5F of the Migration Act

Section 5F of the Migration Act defines when two people are spouses. Under subsection 5F(2), a married relationship exists for migration purposes only if:

  • the couple are married to each other under a marriage that is valid for the purposes of the Act;
  • they have a mutual commitment to a shared life as a married couple to the exclusion of all others;
  • the relationship between them is genuine and continuing; and
  • they live together, or do not live separately and apart on a permanent basis.

The last requirement, in paragraph 5F(2)(d), is the legal anchor for much of the partner visa nature of household evidence. A couple who live together satisfy it directly. A couple who are temporarily apart must show that the separation is not permanent.

Regulation 1.15A of the Migration Regulations

Regulation 1.15A explains how the Department decides whether the conditions in section 5F are met. Subregulation 1.15A(2) provides that for a Subclass 820, Subclass 801, Subclass 309 or Subclass 100 application, the Minister must consider all of the circumstances of the relationship, including the matters in subregulation 1.15A(3).

Paragraph 1.15A(3)(b) sets out the nature of the household. It includes:

  • any joint responsibility for the care and support of children;
  • the living arrangements of the persons; and
  • any sharing of the responsibility for housework.

These three factors are the core of the partner visa nature of household assessment. The guide to the onshore Subclass 820 visa explained sets out how this assessment fits into the wider visa criteria. The other paragraphs of subregulation 1.15A(3) cover the financial aspects, the social aspects and the nature of the commitment. The same four matters apply to de facto relationships under regulation 1.09A, but this article deals with married couples.

The Department's policy on assessing spouse relationships

The Department's procedural policy on assessing spouse and married relationships explains how officers apply paragraph 1.15A(3)(b). It states that the nature of the household may be evidenced by shared responsibility for the care and support of children, the living arrangements of the persons, and any sharing of the responsibility for housework.

For living arrangements, the policy gives examples: joint ownership of residential property, joint residential leases, joint rental receipts, joint utilities accounts such as electricity, gas, telephone and water, and correspondence addressed to either or both partners at the same address. These examples are the starting point for most partner visa nature of household evidence.

The three factors in the partner visa nature of household assessment

Each of the three factors in paragraph 1.15A(3)(b) is assessed on its own facts. A couple do not need strong evidence of all three. A couple without children, for example, are not disadvantaged because the children factor does not apply to them.

Living arrangements

Living arrangements are usually the most important factor in the partner visa nature of household assessment. The Department wants to see that the partners share a home, and for how long. It looks at the address, the type of home, the names on the lease or title, the names on the bills, and the mail that arrives there.

Living arrangements also include who else lives in the home. A couple living alone in an apartment, a couple living with the sponsor's parents and a couple renting a room in a shared house all have living arrangements. Each one is assessed on its own terms. The question is whether the couple share their life in that home as a married couple. Couples who are unsure how their arrangement will be viewed can read about the work of partner visa lawyers on these issues.

Sharing of the responsibility for housework

The second factor is how the partners share the work of running the home. This is about daily life: who cooks, who cleans, who does the shopping, who pays which bill, who looks after pets, who arranges repairs. It is not a test of whether the work is divided equally. Many couples divide housework according to work hours, skills or preference.

Housework is mostly shown through the couple's own account in the relationship statement and through what visitors observe. Documents can help. Grocery delivery accounts, household purchase receipts and messages about household tasks all show shared domestic life.

Joint responsibility for the care and support of children

The third factor applies where children are part of the household. It covers children born to the couple, children from either partner's earlier relationships, and other children the couple care for. The Department looks at whether both partners take part in raising and supporting the children.

Evidence includes birth certificates naming both parents, school and childcare records listing both partners as contacts, medical records, and the couple's own account of daily care. Where a partner is a step-parent, the step-parent's role in the child's life is relevant to the partner visa nature of household assessment.

How case officers weigh partner visa nature of household evidence

Case officers do not score the four aspects of a relationship and add up the points. Department policy states that the assessment must not be based on comparing how many of the matters in subregulation 1.15A(3) are satisfied against how many are not. The officer considers each relationship against all of the matters, takes into account any other relevant information, and decides on balance whether a married relationship exists.

The policy also states that the matters in subregulation 1.15A(3) are circumstances to be considered, not criteria that must each be satisfied. The lists under each matter are not exhaustive. A relationship may show other characteristics that are not in the regulation.

This has two practical consequences for partner visa nature of household evidence.

  • A weak household picture does not automatically lead to refusal. A couple who have lived apart for a good reason may still be found to be in a genuine relationship if the other aspects, and the explanation, are strong.
  • A strong household picture does not automatically lead to grant. A shared lease with nothing else may be given little weight if the rest of the evidence suggests the relationship is not genuine.

Weight also depends on quality. The firm's partner visa lawyers guide explains how a lawyer assesses the weight of each document before lodgement. A joint lease that has run for a long time, with bills and mail at the same address over the same period, carries more weight than a lease signed shortly before lodgement. The broader factors the Department weighs are explained in the guide to preparing evidence of a genuine relationship.

Living together and temporary separation under section 5F

The living together requirement in paragraph 5F(2)(d) is closely linked to the partner visa nature of household aspect, but it is a separate legal question. A couple satisfy it if they live together. They also satisfy it if they are apart, but not living separately and apart on a permanent basis.

What the Department policy says about temporary separation

Department policy states that paragraph 5F(2)(d) explicitly requires any separation of the couple to be temporary. It says that an applicant cannot meet the requirement if they have never lived with their claimed spouse and cannot satisfy the delegate that they intend to live with them in the future.

The policy also states that the onus is on the applicant to satisfy the delegate that the separation is temporary, and that they will, at some point in the future, live together. There is no timeframe in which the couple must live together. Claims are considered case by case.

Where a couple are living apart, or were recently living apart, the policy says delegates need to consider the reasons for the separation and whether those reasons are consistent with a mutual commitment to each other. This is why the explanation for any period apart matters so much in partner visa nature of household evidence.

Physical separation is not the same as legal separation

Department policy on permanent separation also confirms that physical separation for work or other reasons does not necessarily mean the parties have separated in a legal sense. Separation in the legal sense requires one party to form the intention that the relationship has ended and to act on it.

The reverse is also true. A couple can be separated while still living at the same address. In that situation, the policy says they would need to show that they have organised their lives separately and that the links characteristic of a marriage have ended. Living at one address is therefore not, on its own, proof of a continuing relationship.

For couples whose relationship has changed after lodgement, the guide on what happens if a Subclass 820 relationship breaks down explains the legal position.

Why the household is a credibility question

In practice, the partner visa nature of household evidence is often where credibility is tested. A case officer may compare the address on the application with the address on a driver licence, a bank statement, a payslip and a Form 888 statement. If they do not match, the officer may doubt whether the couple live together at all.

This is why the household aspect deserves careful preparation even when the couple have lived together for years. The firm's article on why partner visas get refused explains how inconsistent evidence becomes a refusal reason.

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Partner visa nature of household evidence for living arrangements

Partner visa nature of household evidence for living arrangements should show three things: that both partners live at the same address, that they have done so for the period claimed, and that the home is shared as a couple's home. The strongest evidence comes from independent sources such as landlords, banks, utility companies and government agencies.

Lease, title and bond records

A residential lease in both names is one of the clearest documents in the partner visa nature of household picture. Where the couple rent, the lease, any renewals and the bond lodgement record together show the address and the period of occupation. Rent payment records, such as bank transfers to the agent or landlord, support the lease.

Where the couple own the home, the title, the contract of sale, the mortgage documents and council rates notices in both names serve the same purpose. Property owned jointly is also relevant to the financial aspects of the relationship, so the same documents can support two aspects at once.

Where only one partner is on the lease or title, that is not fatal. Many couples move into a home that one partner already rents or owns. In that case, other evidence should show the second partner living there, such as mail, bank records, driver licence and enrolment records at the same address. A letter from the landlord or agent confirming that both partners live at the property can also help.

Utilities and household accounts

Utility accounts are a standard part of partner visa nature of household evidence. Electricity, gas, water, internet and telephone accounts in joint names, or in one name each at the same address, show shared occupation. Where one partner pays all utilities, the couple can still show the bills at the shared address and explain how household costs are divided.

Other household accounts can help: contents insurance naming both partners, streaming and subscription accounts at the address, and delivery accounts. These documents are individually small, but together they show a household that functions as a couple's home.

Mail and government records at the same address

Department policy specifically mentions correspondence addressed to either or both parties at the same address. Letters from banks, the Australian Taxation Office, Medicare, employers, insurers, schools and government agencies are useful because they come from third parties and are dated.

The aim is not to provide hundreds of letters. A sample of correspondence spread across the period of living together is more useful than a large pile from a single month. Couples should check that both partners have mail at the address, not only one.

Records held by government agencies are also persuasive. A driver licence, electoral enrolment and Medicare records showing the shared address all point to genuine joint residence. The partner visa document checklist and the Subclass 820 evidence checklist list these documents in more detail.

Form 888 statements from people who have visited the home

Form 888 is a supporting statement made by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who knows the couple. Form 888 statements are often described under the social aspects of the relationship, but they are also valuable partner visa nature of household evidence when the witness has visited the home.

A witness who has had dinner at the couple's home, stayed with them, helped them move, or seen them care for their children can describe the household from first-hand knowledge. A statement that says "I have visited their apartment many times and they clearly live there together" is far less useful than one that describes a particular visit, the home, and what the witness saw. The firm's guides on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain how witnesses should describe what they have seen.

Showing how housework is shared

The sharing of housework is the part of the partner visa nature of household assessment that couples most often overlook. It is difficult to prove with documents, so the couple's own account carries most of the weight.

The relationship statement should describe a normal week in the household in concrete terms. Useful details include:

  • who usually cooks, and whether the partners cook together;
  • who does the grocery shopping, and whether it is done together, online or separately;
  • how cleaning, laundry and other chores are divided;
  • who looks after pets, the garden or the car;
  • who pays which household bills and how they arrange it; and
  • how the division of work changes when one partner works long hours, studies or is unwell.

The description should be honest. A couple in which one partner does most of the housework because the other works long shifts should say so and explain it. An evenly split division of chores that does not match the couple's real working hours is less credible than an honest account of an uneven one.

Supporting material can include shared shopping lists or household management apps, messages about chores and errands, and receipts for household items. These documents are not essential, but where they exist they support the account. Visitors' Form 888 statements can also mention what the witness has seen of the couple sharing household tasks.

Showing joint care and support of children

Where children live in the household, the partner visa nature of household evidence should show how both partners care for and support them. This applies to children of the relationship and to children from either partner's previous relationship.

Children of the relationship

For children born to the couple, birth certificates naming both parents are the starting point. School and childcare enrolment records listing both partners, medical records, and family photographs of ordinary daily life all add to the picture. The relationship statement should explain how the couple share care: school runs, meals, bedtime, medical appointments and weekend activities.

Stepchildren and children from earlier relationships

Where one partner has children from an earlier relationship, the other partner's role as a step-parent is relevant. School records listing the step-parent as an emergency contact, messages with the school or other parent, and the step-parent's involvement in daily routines all show joint responsibility.

Where children divide their time between households under a parenting arrangement, the statement should explain the arrangement and how the couple care for the children during their time in the household. A child's other parent and their parenting arrangements are personal matters, so the statement should include only what is relevant and accurate.

Couples without children

A couple without children are not disadvantaged under the partner visa nature of household assessment. The children factor simply does not apply. Where a couple have plans about children, those plans belong more naturally in the nature of the commitment, which looks at the couple's future together.

How the relationship statement covers the nature of the household

A partner visa has one relationship statement. It is the couple's own account of their relationship, written in their own words, and it covers all four aspects: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The household is a part of that single statement, not a separate document.

The household section of the relationship statement should cover:

  • every address the couple have lived at together, with dates;
  • who else lived at each address and why;
  • how the home is shared and how the housework is divided;
  • any periods apart, the reasons, and how the couple stayed in contact; and
  • how any children are cared for.

The statement is the couple's own evidence. Each partner must read it, correct it and confirm that it is accurate. A statement that reads like a list of documents is less persuasive than one that explains the couple's daily life. The firm's guide to the partner visa relationship statement explains its structure and gives examples.

Common partner visa nature of household situations that need explanation

Many couples do not live in the standard arrangement of two people renting or owning a home in joint names. That is normal. The partner visa nature of household assessment considers the couple's real circumstances, but unusual arrangements need a clear explanation and evidence that fits them.

Living with parents or extended family

Many couples live with one partner's parents or extended family. This may be for cultural reasons, to save money, to care for an older relative, or because the couple are newly married. Living with family is not a weakness in itself.

The difficulty is evidence. The lease, title and utility accounts are often in the parents' names. The couple should therefore rely on other partner visa nature of household evidence: mail to both partners at the address, government records, bank statements, a letter from the property owner confirming that both partners live there, and Form 888 statements from people who have visited. The relationship statement should describe the household: who lives there, which room or part of the home the couple occupy, and how they share household tasks and costs with the rest of the family.

House-sharing with others

Couples who rent a room in a shared house face a similar issue. The lease may name a head tenant, or the arrangement may be informal. Evidence can include a written room agreement, rent payments, a letter from the head tenant or landlord, and mail at the address.

The statement should explain the arrangement honestly. A couple sharing a room in a house with other tenants are still sharing a household. The question for the partner visa nature of household assessment is whether they live there together as a couple, not whether they have the house to themselves.

Temporary separation for work, study or family care

Couples sometimes live apart for a period because one partner works in a different city, works on a fly-in fly-out roster, studies elsewhere, or returns overseas to care for a sick family member. These separations are common, and Department policy recognises that physical separation for work or other reasons does not necessarily mean the relationship has ended.

The evidence should show the reason for the separation, its expected length, and how the couple maintained their relationship and their household during it. Useful evidence includes employment letters and rosters, enrolment documents, medical evidence about a family member's illness, travel records, regular communication, financial support and visits. The relationship statement should explain how the couple decided on the arrangement and when they expect to live together again.

Separation for visa reasons

Some couples are apart because of the visa system itself. One partner may have had to leave Australia when a visa ended, or may be waiting overseas. These separations are not chosen in the ordinary sense, and the reasons can usually be shown with visa records and travel documents.

Where an applicant is in Australia without a substantive visa, other legal issues may also arise. The firm's guides to Schedule 3 criteria for partner visas and the Schedule 3 waiver explain those requirements. Couples who have had an earlier visa refused should also read about applying for a partner visa after a visa refusal.

Couples who have not yet lived together

Some married couples have not yet lived together. This can happen where the marriage followed cultural or religious practice, or where the couple married soon after meeting. Department policy states that an applicant cannot meet paragraph 5F(2)(d) if they have never lived with their spouse and cannot satisfy the delegate that they intend to live together in the future.

The key is therefore the intention to live together, shown with real evidence. That may include plans to rent a home, steps already taken to find one, the reasons the couple have not yet been able to live together, and how they spend time together in the meantime. A couple in this situation should expect the partner visa nature of household aspect to be examined closely and should prepare the explanation carefully. Couples who married shortly after meeting while one partner was in Australia as a visitor may also find the guide to moving from a tourist visa to a partner visa useful.

Moving often

Couples who move often, for work, rising rents or family reasons, may have several short leases rather than one long one. Frequent moves are not suspicious in themselves. The risk is that the evidence becomes patchy and the dates become confused.

The solution is a clear address timeline: every address, the dates, the reason for each move, and at least some evidence for each address showing both partners. Gaps between leases, such as a few weeks staying with friends, should be explained rather than left blank.

One partner overseas

Where one partner is overseas, the household picture is built from the time the couple have spent living together, the plans to live together again, and how the relationship has been maintained while apart. Evidence of visits, communication, financial support and joint planning for the future becomes more important. The firm's guide to partner visas in Australia explains the onshore and offshore options for couples in this position.

Partner visa nature of household evidence for same-sex couples

Same-sex married couples are assessed under the same provisions as any other married couple. Department policy confirms that the Marriage Act was amended from 9 December 2017 to permit marriage between two persons regardless of gender. The partner visa nature of household assessment is the same.

Policy also recognises that the laws or traditions of an applicant's home country may discourage a couple from openly admitting their relationship. That point appears in the policy on social aspects, but it can affect household evidence too, for example where a couple previously lived together overseas without being able to put both names on a lease. The firm's page on the LGBTI partner visa explains this further.

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Keeping addresses consistent across forms, Form 80 and evidence

Inconsistent addresses are one of the most common problems in partner visa nature of household evidence. Every address the couple give must match across every document the Department sees.

Where addresses appear in a partner visa application

Addresses appear in many places:

  • the online application form in ImmiAccount, completed by the applicant and the sponsor;
  • Form 80, if the Department requests it, which asks for the applicant's residential addresses over a long period;
  • the relationship statement;
  • Form 888 statements from witnesses;
  • leases, titles, bills, bank statements and mail; and
  • earlier visa applications the applicant has made.

Case officers compare these sources. If the application says the couple moved in together in a particular month, the lease, bills and Form 80 should show the same move. If a witness says they visited the couple at an address the couple say they left the year before, the officer will notice. The firm's guide to completing Form 80 without errors explains how the address section is completed.

Building a single address timeline

The safest approach is to prepare one master timeline of every address for both partners, with move-in and move-out dates, before any form is completed. Each form and statement is then checked against that timeline. Where exact dates are not known, the timeline should give the best estimate and the forms should say the date is approximate.

Sponsors who have sponsored a partner before should also check the rules on partner visa sponsorship limitations, because earlier sponsorships and addresses are compared too. Applicants who use ImmiAccount for the first time can follow the guide on how to create an ImmiAccount before they start.

Notifying a change of address after lodgement

If the couple move after lodgement, the Department must be told. The applicant notifies a change of circumstances, including a new address, using Form 1022 or the update function in ImmiAccount. The firm's guide to Form 1022 change of circumstances explains when it must be lodged.

If an address given earlier was wrong, rather than changed, the correct vehicle is a notification of an incorrect answer using Form 1023. Correcting an error early, and explaining it, is far better than allowing the Department to discover it later.

What weak partner visa nature of household evidence looks like

Case officers often see the same weaknesses in partner visa nature of household evidence. Knowing them helps couples avoid them.

  • A lease signed shortly before lodgement with nothing earlier. Where the couple claim to have lived together for longer, the earlier period needs evidence too.
  • Mail and records for only one partner. If every document at the address is in the sponsor's name, the applicant's residence there is not shown.
  • Government records at different addresses. A driver licence or bank statement showing a different address, without explanation, raises doubt.
  • Generic Form 888 statements. Statements that do not describe any visit to the home add little to the household picture.
  • A housework description that does not fit the facts. An account of equally shared daily chores that ignores one partner's long work hours or travel is less credible.
  • Unexplained periods apart. Travel records showing one partner overseas for months, with no explanation in the relationship statement, invite questions.
  • Children's records that do not mention the step-parent. Where a step-parent claims an active role, school and medical records should reflect it where possible.

None of these weaknesses is fatal on its own. Each can usually be addressed with further evidence or a clear explanation. The firm's article on why Subclass 820 visas are refused sets out the wider pattern.

When the household becomes a section 56 request or a natural justice letter

If the Department has concerns about the partner visa nature of household evidence, it usually raises them before refusing. There are two common ways it does so.

Requests for more information

Under section 56 of the Migration Act, the Department may ask for further information. A request may ask for more evidence of living arrangements, an explanation of a period apart, or documents covering a particular address. The request states what is required and the time allowed. The guide to responding to a section 56 request explains how to respond.

Natural justice letters

Where the Department holds adverse information that would be part of the reason for refusal, it may invite comment under section 57 of the Migration Act. A section 57 letter about the household might refer to inconsistent addresses, a statement from a third party, or records suggesting the couple live apart. The response is often the couple's best opportunity to explain the issue before a decision is made. The guide to the section 57 natural justice letter for a partner visa explains the process.

In both cases, the time allowed to respond is short and strictly applied. A response that addresses the partner visa nature of household concern directly, with evidence, is far more effective than a general assertion that the relationship is genuine.

Household evidence at the permanent stage

The partner visa nature of household aspect is not assessed only once. An onshore partner visa is granted in two stages: the temporary Subclass 820 visa and the permanent Subclass 801 visa. The permanent stage is generally assessed about two years after the combined application was lodged.

At the permanent stage, the Department assesses whether the relationship still exists and is still genuine and continuing. Updated household evidence is a central part of that assessment. Couples should provide:

  • current leases, titles or mortgage documents, and any new addresses since the first stage;
  • recent utility accounts, mail and government records at the shared address;
  • updated Form 888 statements from people who have visited the home;
  • evidence about any children born or joined to the household since lodgement; and
  • an updated account of daily life and how the household is shared.

The firm's guide to Subclass 820 versus Subclass 801 explains the two stages. Couples should keep collecting household evidence throughout the waiting period rather than trying to find it all when the permanent stage begins. While waiting, most applicants hold a bridging visa, explained in the guides to bridging visas in Australia and work rights while waiting for a Subclass 820 visa.

When the household changes before the permanent stage

If the relationship ends before the permanent visa is decided, the household evidence will reflect that, and the applicant must notify the Department. In some circumstances, the Migration Regulations allow a permanent visa to be granted even though the relationship has ended, for example where family violence has occurred. The firm's page on family violence and partner visas explains those provisions.

How the Tribunal has approached household issues

Where a partner visa is refused, the applicant may be able to apply to the Administrative Review Tribunal for review. Time limits for review are short and strictly applied. The Tribunal decides the matter again on the evidence before it, so household evidence can be presented afresh. The guide on what to expect at an ART review explains the process.

Household issues have been raised in Tribunal decisions that remitted Subclass 820 matters to the Department for reconsideration. Remittal means the Tribunal sent the matter back to the Department; it is not the grant of a visa. Examples include:

  • Le (Migration) [2019] AATA 3698, where the reported issues were a genuine spousal relationship, sharing of day-to-day household expenses, living arrangements and sharing of responsibility for housework.
  • Kipkemboi (Migration) [2021] AATA 2936, where the reported issues were a genuine spousal relationship, financial aspects, the nature of the household and social aspects.
  • Singh (Migration) [2019] AATA 5382, where the reported issues were a genuine and continuing relationship, pooled financial resources, shared household expenses and housework, and joint responsibility for the care of children.

These decisions show that the partner visa nature of household factors are examined in detail at review. Each case turns on its own evidence. The firm's guides on partner visa refusal and appeal options and its partner visa refusals page explain the next steps after a refusal. The firm also acts in visa refusals generally, and its guide on when you need a visa appeal lawyer explains the role of legal representation at review.

Getting help with partner visa nature of household evidence wherever you live

Partner visa nature of household issues arise for couples across Australia. Consultations are held by video, so the firm can review a couple's household evidence wherever they live. Couples who want to compare options can read the guides on how to choose a partner visa lawyer in Australia, whether a partner visa lawyer is worth it compared with doing it yourself and when you need an immigration lawyer for a partner visa.

Couples who have already lodged their own application can read about hiring an immigration lawyer after lodgement or getting a second opinion. The guide to booking an immigration lawyer consultation explains what happens at a consultation, and the guide to Form 956 and Form 956A explains how a representative is appointed.

How My Migration Lawyers presents your partner visa nature of household evidence

My Migration Lawyers acts in many partner visa matters where the partner visa nature of household aspect needs careful presentation, including couples who live with extended family, couples who share a house, couples separated by work, study, family care or visa issues, couples who have not yet lived together, and couples who have moved many times. The firm deals with complex cases and is capable of handling these matters from preparation through to any request, natural justice letter or Tribunal review.

The firm's work on the household aspect is specific.

  • Mapping the household history. The firm prepares a single address timeline for both partners, covering every home, the dates, who else lived there and the reason for each move, and checks it against passports, travel records and earlier visa applications.
  • Matching evidence to each address. For each period, the firm identifies the independent evidence that shows both partners at the address, such as leases, titles, bond records, utilities, mail and government records, and identifies gaps before the Department does.
  • Presenting non-standard living arrangements. Where a couple live with parents, share a house or have lived apart, the firm presents the couple's own account and evidence in the form the law requires, with the explanation and supporting documents that fit their real circumstances.
  • Reviewing the relationship statement. The relationship statement is the couple's own evidence. The firm reviews the household section with the couple so that it describes their daily life, housework and care of children accurately, and each partner corrects and confirms it.
  • Guiding Form 888 witnesses. The firm explains to witnesses what a useful Form 888 statement covers, so that people who have visited the home describe what they have actually seen.
  • Checking consistency. Before lodgement, the firm checks every address in the application, Form 80, the relationship statement and the Form 888 statements against the timeline.
  • Responding to concerns. Where the Department raises household concerns in a section 56 request or a section 57 letter, the firm prepares the response and the evidence within the time allowed.
  • Preparing the permanent stage. The firm advises couples on what partner visa nature of household evidence to keep during the waiting period and prepares the updated evidence for the Subclass 801 assessment.

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

My Migration Lawyers acts for couples in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, the Gold Coast and Parramatta. Couples in those cities can also read the guides to choosing a partner visa lawyer in Sydney, a partner visa lawyer in Melbourne, a partner visa lawyer in Brisbane and a partner visa lawyer in Perth.

If your living arrangements do not fit the usual pattern, or you want your partner visa nature of household evidence reviewed before you lodge, book a consultation with My Migration Lawyers, or call 1300 040 300.

Frequently Asked Questions

What does nature of the household mean for a partner visa?

The nature of the household is one of the four matters the Department considers when it assesses a spouse relationship for a partner visa. Under regulation 1.15A(3)(b) of the Migration Regulations 1994, it covers the couple's living arrangements, any sharing of the responsibility for housework, and any joint responsibility for the care and support of children. It is assessed from all of the evidence in the application, including leases, bills, mail, the relationship statement and Form 888 statements.

What documents show the nature of the household for a partner visa?

The most common documents are a joint lease or property title, bond records, rent receipts, joint utility accounts, and mail addressed to either or both partners at the same address. Government records such as a driver licence, Medicare records and electoral enrolment at the shared address also help. Form 888 statements from people who have visited the home, and the household section of the relationship statement, complete the partner visa nature of household picture.

Do we have to live together to get a partner visa?

No, not at every moment. A married couple must live together, or not live separately and apart on a permanent basis. A temporary separation for work, study, family care or visa reasons does not end the relationship. However, Department policy says an applicant cannot meet the requirement if they have never lived with their spouse and cannot show an intention to live together in the future. The reasons for any separation must be explained.

Can we apply if we live with my parents?

Yes. Living with parents or extended family is common and is not a weakness in itself. Because the lease or title is often in the parents' names, the couple should rely on other evidence: mail to both partners at the address, government records, bank statements, a letter from the property owner confirming both partners live there, and Form 888 statements from visitors. The relationship statement should describe who lives in the home and how the couple share it.

Is it a problem if only my partner's name is on the lease?

No, not necessarily. Many couples move into a home that one partner already rents or owns. Where only one name is on the lease, other evidence should show the second partner living there, such as mail, bank statements, a driver licence and enrolment records at the address. A letter from the landlord or agent confirming both partners live at the property can also help. Adding both names to a lease renewal, where possible, strengthens the evidence over time.

How do I prove we share the housework?

Housework is mainly shown through the couple's own account in the relationship statement. It should describe a normal week: who cooks, who shops, how cleaning and laundry are divided, who looks after pets or the garden, and how bills are paid. Shared shopping lists, household apps, messages about chores and household receipts can support the account. Form 888 witnesses who have visited the home can also describe what they have seen.

Does the work have to be shared equally?

No. The Department looks at whether the partners share the responsibility for running the home, not whether the work is split evenly. Many couples divide housework according to working hours, skills or preference. An honest account of an uneven division, with the reason for it, is more credible than a description of perfectly equal chores that does not match the couple's real working lives.

We have no children. Does that hurt our application?

No. The care and support of children is only one factor within the nature of the household, and it applies only where children are part of the household. A couple without children are assessed on their living arrangements and how they share the housework. Any plans the couple have about having children belong more naturally in the nature of their commitment to each other, which looks at their future together.

Does caring for my partner's children from a previous relationship count?

Yes. Joint responsibility for the care and support of children includes children from either partner's earlier relationships. A step-parent's role in daily life, such as school runs, meals, appointments and weekend activities, is relevant. School and childcare records listing the step-parent as a contact, and messages with schools or carers, can support the account. Where children divide their time between households, the parenting arrangement should be briefly explained.

My partner works in another city during the week. Is that a problem?

It does not have to be. Department policy recognises that physical separation for work or other reasons does not necessarily mean a married couple have separated. The application should explain the work arrangement and show it with an employment letter or roster, together with evidence of regular contact, time spent together, a shared home base and continuing financial support. The relationship statement should explain how the couple manage their household during the week.

We married but have not lived together yet. Can we still apply?

Possibly, but this needs careful preparation. Department policy says an applicant cannot meet the living together requirement if they have never lived with their spouse and cannot satisfy the Department that they intend to live together in the future. The evidence should show a real intention to live together, the reasons it has not happened yet, and practical steps taken, such as searching for a home. Expect this part of the application to be examined closely.

We have moved house many times. Will that cause problems?

Moving often is not suspicious in itself, but it can make the evidence patchy and the dates confused. The couple should prepare one timeline of every address they have shared, with dates and the reason for each move, and provide at least some evidence showing both partners at each address. Short gaps, such as a few weeks staying with friends between leases, should be explained rather than left blank.

What happens if the addresses on my forms do not match?

Inconsistent addresses can lead the Department to doubt whether the couple live together. It may ask for more information or send a natural justice letter. Before lodging, every address in the application form, Form 80, the relationship statement and Form 888 statements should be checked against one timeline. If an address already given was wrong, it should be corrected using Form 1023 with an explanation, rather than left for the Department to find.

Do I need to tell the Department if we move after lodging?

Yes. A change of address after lodgement is a change in circumstances that must be notified, using Form 1022 or the update function in ImmiAccount. The new address should then appear consistently in any later evidence, such as leases, bills and mail. Keeping the Department informed avoids confusion at the permanent stage, when the household is assessed again with updated documents.

Is household evidence checked again at the permanent stage?

Yes. The permanent Subclass 801 stage is generally assessed about two years after the combined application was lodged, and the Department checks that the relationship is still genuine and continuing. Updated leases or title documents, recent bills and mail at the shared address, new Form 888 statements and an updated account of daily life are usually needed. Couples should keep collecting household evidence throughout the waiting period.

Is the nature of the household a separate statement I have to write?

No. A partner visa has one relationship statement, written by the couple in their own words. It covers all four aspects of the relationship, including the nature of the household. The household part of that statement should set out every address the couple have shared, who else lived there, how the housework is divided, how any children are cared for, and the reasons for any periods apart.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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