Partner Visa Repeated Separations

Partner visa repeated separations are breaks in a relationship where the couple split up, or lived apart, and then got back together, sometimes more than once. Partner visa repeated separations do not automatically lead to a refusal. The Department of Home Affairs asks whether the relationship is genuine and continuing, and whether the couple live together or do not live separately and apart on a permanent basis. An on-off history makes those questions harder to answer, so the evidence and the explanation have to be stronger.

This guide is written for couples who have broken up and reconciled, who have lived apart for long stretches, or who are worried that gaps in their timeline will look bad to a case officer. It explains how the law treats partner visa repeated separations, how the 12-month de facto rule interacts with a breakup and a reconciliation, the difference between living apart temporarily and separating permanently, and how to explain the timeline honestly. If you are new to the visa itself, start with our complete guide to partner visas in Australia, which covers every subclass.

Can you get a partner visa after breaking up and getting back together?

Yes. A couple who broke up and got back together can be granted a partner visa if the relationship is genuine and continuing when the law requires it, and if every other criterion is met. Nothing in the Migration Act 1958 or the Migration Regulations 1994 says that a past separation disqualifies an applicant. Many genuine relationships have had a difficult period.

What partner visa repeated separations do is change the evidence that a case officer needs to see. A relationship with a clean and continuous history largely proves itself through ordinary records. A relationship with breaks has to explain each break: when it happened, why it happened, how long it lasted, what contact continued, and what changed when the couple reconciled. The Department is entitled to ask whether the current relationship is a settled commitment or another phase in a pattern that may end again.

The answer depends on facts. A couple who separated twice early in the relationship, then lived together steadily for three years, are in a very different position from a couple who separated three times in the last year. The law does not count separations. It looks at the whole relationship, and it looks closely at the period that matters for the particular criterion.

How the law treats partner visa repeated separations

The legal framework for partner visa repeated separations comes from the definitions of spouse and de facto partner. A spouse is defined in section 5F of the Migration Act 1958. A de facto partner is defined in section 5CB. Both definitions require three things that a separation can put in doubt:

• A mutual commitment to a shared life as a couple to the exclusion of all others.
• A genuine and continuing relationship.
• Living together, or not living separately and apart on a permanent basis.

For partner visas, the decision maker must also consider 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. For de facto partners these aspects are listed in regulation 1.09A of the Migration Regulations 1994. For spouses they are listed in regulation 1.15A. Our guide on how to prove your relationship is genuine explains each aspect in detail.

Partner visa repeated separations affect all four aspects at once. During a break, finances may have been split, the household may have ended, friends may have been told the couple were finished, and the commitment may have looked uncertain. A strong application does not pretend those things did not happen. It shows what the relationship looked like before each break, during it and after it, and why the relationship as it stands now is a settled commitment.

Genuine and continuing: what "continuing" means

"Continuing" means the relationship exists and is ongoing at the relevant time. It does not mean the relationship has never been interrupted. A relationship that ended and was later revived can be genuine and continuing from the point of reconciliation. The difficulty in a partner visa repeated separations case is that a decision maker may doubt that the reconciliation is real or lasting, particularly where earlier reconciliations did not last.

Department policy guidance tells decision makers that where parties who are, or until recently were, living separately say the separation is or was not permanent, the decision maker needs to consider the reasons for the separation and whether those reasons are consistent with a mutual commitment to each other. That is the core test applied to partner visa repeated separations. The reasons matter as much as the dates.

Living together, or not living apart permanently

Both definitions accept that a couple may not always live together. The words of the test are "live together" or "do not live separately and apart on a permanent basis". A couple living apart because of work, study, family duties, a visa problem or a health issue can still meet the test if the separation is temporary and the commitment continues. A couple who have separated in the full sense, intending the relationship to end and acting on that intention, are living separately and apart on a permanent basis for as long as that separation lasts.

This is the most important distinction in any partner visa repeated separations matter: a period apart is not the same thing as a breakup. Each period in the timeline needs to be identified for what it was.

Temporary separation vs permanent separation

A temporary separation is a period when the couple live apart but the relationship continues. A permanent separation is a period when at least one partner has decided the relationship is over and acts on that decision. The law treats them very differently, and the evidence for each is different.

Signs of a temporary separation

The following facts usually point to a temporary separation:

• A clear practical reason such as work in another city, caring for a sick parent overseas, completing a course, or waiting for a visa.
• Regular contact throughout the period, such as daily calls and messages.
• Visits where travel was possible.
• Continued financial links, such as money transfers, shared bills or a joint account still in use.
• Joint plans that continued during the period, such as saving for a home, planning a wedding or planning the visa application.
• Family and friends who still regarded the couple as a couple.

A couple who lived in different countries for a period should read our guide to the Subclass 309 offshore partner visa, because long periods apart are common in offshore cases and the Department is used to assessing them.

Signs of a permanent separation

The following facts usually point to a breakup, even if the couple later reconciled:

• One partner moved out and told family or friends that the relationship was over.
• Contact stopped, or became limited to practical matters.
• Joint accounts were closed or finances were divided.
• One or both partners started a relationship with someone else.
• A lease was broken or a property was sold or divided.
• Divorce or property proceedings were started.

A period with these features is very difficult to describe as a temporary separation, and an application that tries to do so is likely to be disbelieved. In a partner visa repeated separations case, the honest course is to call a breakup a breakup, and then to prove the reconciliation and the relationship as it now stands.

Can a couple be separated while living under the same roof?

Yes. Department policy, drawing on section 49 of the Family Law Act 1975, recognises that married partners can be separated even though they still live at the same address. In that situation the couple have organised their lives separately and the links of a marital relationship have ended. The reverse can also be true: a couple can live at different addresses and still be in a continuing relationship. Where partner visa repeated separations include a period of "separation under one roof", the application must explain how the household actually operated during that time.

What the 12-month de facto rule means for an on-off relationship

For de facto couples, partner visa repeated separations raise a second and separate legal problem: the 12-month rule. Regulation 2.03A of the Migration Regulations 1994 generally requires a de facto applicant for a partner visa to have been in the de facto relationship for at least 12 months immediately before the date of the application.

Department policy says that this requirement applies even if the couple had intermittently been in a partner relationship before that 12-month period. The policy gives the example of a couple who were married or lived as de facto partners, then divorced or separated, and later reunited as a de facto couple. The months before the breakup do not count towards the 12 months if the relationship genuinely ended. The 12 months must run from the reconciliation, or from a later point, up to the date of application.

This is the point most often misunderstood in partner visa repeated separations cases. Couples often add up the total time they have been together over several years and assume they comfortably meet the rule. If the most recent breakup was a real end to the relationship, the count may have restarted when they reconciled. Our guides on the de facto partner visa and the 12-month rule and on whether you really need 12 months of de facto relationship explain the rule in more detail.

Does a short break reset the 12 months?

Not necessarily. A temporary separation does not end a de facto relationship, so a period apart for work or family reasons, with the relationship continuing, does not break the 12 months. The question is always whether the de facto relationship existed throughout the period. A short separation that was a genuine breakup can interrupt the period. A long separation that was not a breakup may not. The label the couple use is less important than what actually happened.

Exceptions to the 12-month rule

There are exceptions. The 12-month requirement does not apply where the de facto relationship is registered under a prescribed law of an Australian state or territory, and Department policy notes that registration after lodgement but before decision is accepted for this purpose. The requirement also does not apply where the applicant establishes compelling and compassionate circumstances for the grant of the visa, which policy describes as a high threshold, with examples including a dependent child of the relationship. There are separate exceptions connected with permanent humanitarian visa holders and applicants. A couple who marry validly also move out of the de facto criteria altogether.

Registration does not cure the other problems raised by partner visa repeated separations. A registered relationship must still be genuine and continuing, and the separations must still be explained.

Married couples who separated and reconciled

Married couples are not subject to the 12-month rule. A married couple who separated and reconciled remain spouses for migration purposes as long as the marriage is valid and the relationship meets section 5F at the relevant time. The marriage certificate proves the marriage. It does not prove that the relationship is genuine and continuing, and partner visa repeated separations in a marriage are assessed with the same care as in a de facto relationship.

If a married couple divorced and later reunited, the position changes. A divorce ends the marriage. The couple are no longer spouses, and unless they remarry, the applicant must rely on a de facto relationship, which brings the 12-month rule back into play from the date of reconciliation. Couples in this situation should get advice before lodging. Our article on partner visa document checklists lists the marriage and divorce documents usually required.

Why case officers look closely at partner visa repeated separations

Case officers look closely at partner visa repeated separations because a pattern of breakups is relevant to whether the commitment is mutual and lasting. That is a legitimate question, not a sign of bias. The decision maker must be satisfied, on the evidence, that the relationship meets the definition. Where the evidence shows the relationship has ended and restarted several times, the decision maker will want to know why this reconciliation is different.

The Department is also alert to relationships that appear to revive at the point where a visa becomes necessary. Where a reconciliation happens shortly before a visa expires, or shortly before an application is lodged, the decision maker will ask whether the relationship is genuine or whether it has been resumed for a migration outcome. A genuine couple in a partner visa repeated separations situation should expect this question and answer it calmly and with evidence.

Common reasons for refusal in these cases include an unexplained gap in the timeline, accounts of the separations that differ between the applicant and the sponsor, Form 888 statements that do not mention the separations at all, and evidence that the couple were in other relationships during a break that was described as temporary. Our guides on why partner visas get refused and on the most common reasons Subclass 820 visas are refused set out the wider picture.

What the application form asks about time apart

The partner visa application asks about the history of the relationship, including the date the relationship began and whether the couple have lived separately and apart for any period since they committed to a shared life, with details of the periods and the reasons. Partner visa repeated separations therefore cannot be left out of the application. The question is asked directly, and the answer must be accurate. Our guide to the Subclass 820 onshore partner visa explains how the onshore application is structured, and our 820 visa guide to requirements, documents and how to apply covers the practical steps.

How to explain partner visa repeated separations honestly

The way to explain partner visa repeated separations is to set out a complete, dated and truthful timeline, give the real reason for each break, and support each stage with evidence. The explanation belongs in the relationship statement, and the same facts must appear consistently everywhere else in the application. There is no clever way to describe a breakup that makes it disappear. There is only an accurate account that a decision maker can believe.

Build the timeline before writing anything

Before any statement is written, the couple should build a single timeline with both partners present. It should cover:

• the date the couple met and the date the relationship began;
• the date they started living together, and every change of address since;
• each separation, with the start date, the end date and where each partner lived;
• the reason for each separation, in plain words;
• the contact during each separation, and how often;
• the date and circumstances of each reconciliation;
• any marriage, engagement, registration or child, with dates; and
• any earlier visa application in which either partner described the relationship.

Building the timeline first prevents the most damaging problem in partner visa repeated separations cases: two partners giving two different versions of the same events. If the applicant says the couple separated for four months and the sponsor says it was a week, the decision maker may disbelieve both. Our partner visa relationship statement guide explains how the statement is put together.

What a good explanation contains

A good explanation of partner visa repeated separations does five things:

• It names each break. It does not hide a separation or describe a breakup as a holiday apart.
• It gives the real cause. Common causes include arguments about money, pressure from family, distance, a period of illness, immaturity early in the relationship, or uncertainty about the future. The cause does not have to be flattering. It has to be true.
• It explains the contact. It says whether the couple stayed in touch, how they did so, and who reached out first when they reconciled.
• It explains the change. It says what the couple did differently after the reconciliation. Counselling, a move, a change of job, a decision to marry or to have a child, or a frank conversation about the future can all be relevant.
• It shows the present. The most important part of the explanation is the evidence that the relationship as it now stands is settled and continuing.

The relationship statement is the applicant's own evidence, in the applicant's own words. The applicant must read it, correct it and be satisfied that it is true. A lawyer's role is to make sure it covers what the law requires and is consistent with the documents, not to change what happened.

What not to do

The following approaches cause serious problems in partner visa repeated separations cases:

• Leaving the separations out. If the Department finds out later, from social media, from an earlier visa application, from a Form 888 witness or at interview, the omission may be treated as deliberate.
• Shortening a breakup. Dates can be checked against leases, bank records, travel records and earlier applications.
• Calling a breakup a temporary separation. If the evidence shows one partner moved out, ended contact and started seeing someone else, describing that period as temporary damages credibility on everything else.
• Each partner writing separately without comparing. Inconsistent accounts are one of the most common reasons partner visa repeated separations cases fail.
• Making the explanation an attack on the other partner. The purpose is to explain the relationship, not to assign blame.

Evidence for partner visa repeated separations, aspect by aspect

The evidence in a partner visa repeated separations case must cover the four aspects of the relationship across the whole timeline, with extra weight on the period since the last reconciliation. The checklist in our 820 partner visa evidence guide and our article on preparing evidence of a genuine relationship are useful starting points. The points below are specific to on-off relationships.

Financial aspects of the relationship

During a break, joint finances often stop. After a reconciliation, they should resume, and the evidence should show when. Useful evidence includes bank statements showing when a joint account was reopened or when shared spending resumed, a new lease in both names, shared bills, transfers between partners, and joint purchases made after the reconciliation. Where a joint account was kept open through a temporary separation, statements showing it remained in use help prove that the separation was not permanent.

A couple who keep their money separate as a matter of choice are not in a weaker position for that reason alone, but they must explain how they share the costs of their life together. In a partner visa repeated separations case, separate finances combined with separations can make the financial aspect look thin, so other aspects need to carry more weight.

Nature of the household

The household evidence should show where each partner lived at each stage. Leases, utility accounts, mail, and records from employers, banks and government agencies can all establish addresses over time. Where the couple lived apart, the evidence should show why, and should show that they returned to a shared household when the separation ended. Our document checklist for partner visas lists the household records most often used.

Where children are involved, care arrangements during and after each separation are important. Joint care of children after a reconciliation is strong evidence of the nature of the household.

Social aspects of the relationship

Partner visa repeated separations are often visible to friends and family. Friends may have been told the relationship was over, and then told it had resumed. That is not fatal. It is normal. The social evidence should show that the couple are now presented to others as a couple, through joint invitations, events, travel, photographs over time and the views of people who know them.

Form 888 supporting statements are particularly important in partner visa repeated separations cases. A Form 888 statement is a supporting statement made by an Australian citizen or permanent resident who knows the couple. It is not a statutory declaration. A witness who knew the couple through their difficult periods, and who can describe the reconciliation and the relationship since, can be very persuasive. A witness who writes as though the relationship has always been smooth, when the application says otherwise, does the opposite. Each witness should describe what they personally know, in their own words. Our article on Form 888 example answers and common mistakes shows how these statements go wrong.

Nature of the commitment

The commitment aspect is where partner visa repeated separations are assessed most directly. Department policy refers to the duration of the relationship, the length of time the couple have lived together, the degree of companionship and emotional support, and whether the couple see the relationship as a long-term one. Useful evidence includes contact records during temporary separations, evidence of the steps taken to repair the relationship, joint long-term plans, a marriage or engagement, a child, wills and superannuation nominations in each other's favour, and the couple's own explanation of why the relationship is now settled.

Earlier visa applications and consistency

Partner visa repeated separations create a particular risk when either partner has made earlier visa applications. A visitor, student or work visa application may have asked about marital or relationship status. If the applicant said "single" during a period the partner visa application describes as a temporary separation, or said "married" or "de facto" during a period the partner visa application describes as a breakup, the two accounts conflict.

Public interest criterion 4020 allows refusal where false or misleading information, or a bogus document, has been given in connection with the application or in certain earlier applications. The Tribunal has dealt with relationship status answers in earlier applications in remitted cases. In TRUONG (Migration) [2024] AATA 680, a Subclass 820 matter, the reported issues were false or misleading information in a material particular, a previous visitor visa application, marital status, and a couple who were separated but still living together. In Pham (Migration) [2021] AATA 4350, a Subclass 820 matter, the reported issue was false or misleading information in a previous visitor visa application where the applicant answered "married" but was separated at the time and later divorced.

The practical lesson for partner visa repeated separations is simple. Before lodging, check every earlier application for what it said about the relationship at that date, and make sure the partner visa timeline is consistent with it, or that any difference is explained truthfully. Our Form 80 guide explains the personal particulars form, which also asks about relationship history and travel, and which must match the rest of the file.

Other relationships during a break

If either partner was in another relationship during a break, that fact must be dealt with honestly. A relationship with another person during a separation is strong evidence that the separation was a real breakup, not a temporary period apart. It does not stop the couple from being in a genuine relationship now. It does affect how the timeline is described, and for a de facto couple it may affect when the 12-month period can start.

Department policy notes that where either partner was in a partner relationship with someone else close to the 12 months before the application, that may be relevant to whether the applicant is a de facto partner at all. Where a sponsor has sponsored previous partners, the sponsorship limitations may also need to be considered. Our guide on when a sponsor cannot sponsor a partner visa explains those rules.

Separations caused by family violence

Some partner visa repeated separations happen because one partner leaves to escape violence or abuse and later returns. This is common, and it is not a reason for shame. Where family violence is involved, safety comes first. The law contains special provisions in Division 1.5 of the Migration Regulations 1994 that may allow a partner visa to be granted after the relationship has ended if family violence was committed by the sponsor while the relationship existed. Department policy recognises that a relationship may break down over several months, and that there may be attempts at reconciliation.

If this applies to you, get confidential advice before you take any step. Our page on family violence and partner visas explains how the provisions work.

Partner visa repeated separations and the interview

A case officer who has doubts about partner visa repeated separations may ask to interview the applicant, the sponsor or both, sometimes separately. The purpose is to test whether the two accounts of the relationship match and whether the couple know each other's lives. Questions about breaks are common: when the couple separated, who left, where each partner lived, how they stayed in contact and how they came back together.

The best preparation is the same timeline that was used to write the relationship statement. Each partner should know the dates and reasons in their own words, without memorising a script. Small differences in memory are normal and are not usually a problem. A different account of the same breakup is a problem. Where a partner cannot remember a detail, the honest answer is to say so rather than guess.

A partner visa repeated separations case can also be tested in writing. The Department may send a request for further information under section 56 of the Migration Act, or a natural justice letter under section 57 inviting comment on adverse information, such as an earlier application or a third-party report that conflicts with the timeline. Our guides to a section 56 request for more information and to responding to a section 57 natural justice letter explain these steps. A response to either letter is an opportunity to explain the separations properly, and it should be prepared with the same care as the application itself.

Offshore couples and partner visa repeated separations

For couples applying offshore, time apart is expected, and the Department is used to assessing relationships conducted across borders. A partner visa repeated separations issue arises in an offshore case when the time apart was not simply distance but a real breakup. The distinction is the same as onshore: a period of living in different countries with continuing contact, visits and support is a temporary separation; a period in which contact stopped and one partner moved on is a breakup.

Offshore applicants for the Subclass 309 visa and fiancé applicants for the Subclass 300 prospective marriage visa should keep the same kind of timeline as onshore couples. Travel records, call logs, money transfers and visit photographs carry much of the weight in these cases, because a shared household may not yet exist. Where the couple broke up and reconciled across borders, the evidence of the reconciliation, such as renewed visits, renewed financial support and a clear plan to live together, becomes central.

What happens if you separate after lodging a partner visa?

A separation after lodgement does not automatically end a partner visa application, but it can lead to refusal if the relationship is not genuine and continuing when the decision is made. Partner visa repeated separations during processing therefore need careful handling. The Subclass 820 and Subclass 309 criteria are assessed partly at the time of application and partly at the time of decision, and the Department expects the relationship to be continuing at decision unless a specific exception applies.

A short period apart during processing, with the relationship continuing, is a temporary separation and is usually explained without difficulty. A real breakup during processing is different. If the couple reconcile before the decision, the application may still succeed, but the Department will want to understand the breakup, the reconciliation and the relationship since. If the couple do not reconcile, the application will usually fail unless an exception applies, such as the family violence provisions or the death of the sponsor. Our article on what happens when a Subclass 820 relationship breaks down explains the position when a relationship ends during processing.

Do you have to tell the Department about a separation?

Yes, in most cases. Applicants must tell the Department if their circumstances change in a way that makes an answer in the application incorrect, and a separation after lodgement usually does that. The notification is normally made with Form 1022. Our guide to Form 1022 and notifying a change of circumstances explains when and how. In a partner visa repeated separations case, the notification should be accurate and brief, and it should be made after advice, because the words used will be read closely if the couple later reconcile.

Sponsorship withdrawal and reconciliation

A sponsor can withdraw sponsorship during processing. Where a couple have separated and then reconciled, the sponsor may wish to continue the sponsorship. The Tribunal has considered situations of this kind. In Al Hassan (Migration) [2018] AATA 3480, a Subclass 820 matter, the reported issues included a sponsorship withdrawal that was revoked, the parties having reconciled, and the applicant working overseas. In Maaz (Migration) [2021] AATA 657, a Subclass 820 matter, the reported issues included the withdrawal of sponsorship and a reconciliation. Couples in this position should not assume that a withdrawal can always be undone, and they should get advice quickly. Where a withdrawal was connected with family violence, safety and the family violence provisions come first.

Separating between the Subclass 820 and Subclass 801 stages

The permanent stage is where partner visa repeated separations often cause the most stress. The Subclass 820 visa is a temporary visa, and the Subclass 801 permanent visa is usually assessed later. At the permanent stage, the Department looks again at whether the relationship is genuine and continuing. A breakup and reconciliation between the two stages must be explained in the same way as one before lodgement. Our comparison of Subclass 820 and Subclass 801 and our complete Subclass 820 partner visa guide explain how the two stages fit together.

The second-stage relationship statement and Form 888 statements should cover the period since the temporary visa was granted, including any separation. They must also be consistent with the first-stage application. A couple who described a smooth relationship at the first stage, and then disclose an earlier breakup at the second stage, will need to explain why it was not mentioned. If it was not disclosed because it happened after lodgement, the explanation is simple. If it happened before lodgement and was left out, the issue is more serious and needs advice before anything is filed.

Where the relationship has ended permanently by the time of the permanent stage, there are limited exceptions that may still allow the Subclass 801 to be granted, including where the sponsor has died, where family violence has occurred, and in some cases involving a child of the relationship. These exceptions are technical. A partner visa repeated separations matter at this stage should be reviewed before the Department is told anything.

Bridging visas, Schedule 3 and timing after a breakup

A separation also has practical consequences for the applicant's lawful status. An onshore applicant usually holds a bridging visa while the partner visa is processed. Our guides to bridging visas in Australia, the Bridging Visa A and Subclass 820 work rights and the bridging visa explain how that bridging visa operates. A breakup does not cancel the bridging visa by itself, but a refusal of the partner visa will start the time limits for review.

Timing matters most where the couple separated and then reconciled after the applicant's substantive visa expired. An application made after that point may need to meet Schedule 3 criteria, and a waiver requires compelling reasons. Our article on the Schedule 3 partner visa waiver and our Schedule 3 waivers service page explain the test. Where the earlier visa carried a "no further stay" condition, our guide to condition 8503 and the Subclass 820 is also relevant. In a partner visa repeated separations case, the date of the reconciliation, the date the substantive visa ended and the date of lodgement should all be checked before anything is filed.

Tribunal decisions on separations and reconciliation

The Administrative Review Tribunal and the former Administrative Appeals Tribunal have considered partner visa repeated separations and long periods apart in many reviews. The decisions below are remittals, where the Tribunal sent the matter back to the Department or found the relevant criterion met. They are described only by the issues reported, and each turned on its own facts.

• Harris (Migration) [2018] AATA 4904, a Subclass 820 matter: the parties separated, then reconciled and reapplied for a partner visa, and there was a long-distance period due to the applicant's work.
• Restrepo (Migration) [2021] AATA 2558, a Subclass 820 matter: the couple had reconciled, and the Tribunal considered the degree of companionship and emotional support and whether there was a genuine married relationship at the time of application.
• Dzolev (Migration) [2020] AATA 1512, a Subclass 820 matter remitted from the Federal Circuit Court: a genuine de facto relationship with a period of separation, where the couple lived separately but continued to see each other.
• Makina (Migration) [2021] AATA 3001, a Subclass 820 matter: a genuine and ongoing relationship where the applicant had a child with another partner during a temporary breakdown of the relationship with the sponsor.
• Mohan (Migration) [2024] AATA 813, a Subclass 820 matter: a valid and long marriage, a separation, a comparatively short other relationship of the sponsor, and a reconciliation.
• MANYANG (Migration) [2020] AATA 611, a Subclass 309 matter: the parties had previously been married and separated, with a long period without contact.
• Leow (Migration) [2023] AATA 2645, a Subclass 820 matter: a genuine and continuing relationship with a work-related separation.

These decisions show that a breakup, a reconciliation, a period living apart and even a relationship with someone else during a break do not decide a partner visa on their own. They also show that the outcome depended on detailed, consistent evidence about the relationship over time. My Migration Lawyers was not involved in these matters, and every case turns on its own evidence.

If your partner visa was refused because of separations

If a partner visa has been refused because the Department was not satisfied about the relationship, the refusal letter will set out the review rights and the deadline. The deadline to apply to the Administrative Review Tribunal is short and strictly applied, so the first step is to confirm it immediately. Our guides to partner visa refusal appeal options, what to expect at an ART review and applying for a partner visa after a refusal explain the options. Our partner visa refusals page, visa refusals page and article on choosing a visa appeal lawyer set out how review works.

At review, the Tribunal considers the matter afresh on the evidence before it at the time of its decision. A partner visa repeated separations case that failed because the separations were not explained can sometimes be put on a proper footing at review, with a full timeline, updated evidence and witnesses who can speak to the reconciliation. Where the Tribunal itself makes a legal error, judicial review may be available in limited circumstances. Where a visa has been cancelled rather than refused, our visa cancellations page explains the separate process.

A practical checklist for partner visa repeated separations

Before lodging, or before responding to the Department, a couple with partner visa repeated separations should be able to tick every item below:

• One timeline, agreed by both partners, covering every period apart and every reconciliation.
• A clear label for each period: temporary separation or breakup.
• The 12-month period checked for de facto couples, counted from the right starting point.
• Earlier visa applications checked for what they said about the relationship at the time.
• Form 80 answers consistent with the timeline, where the form is requested.
• Evidence for each aspect of the relationship since the last reconciliation.
• Form 888 statements from people who know about the separations and can speak to the reconciliation.
• Lawful status checked, including bridging visa, Schedule 3 and condition 8503.
• Advice obtained before notifying a separation, withdrawing sponsorship or answering a section 56 or section 57 letter.

Couples who started on a visitor visa should also read our guide on moving from a tourist visa to a partner visa, because the visitor application will often have asked about relationship status. Same-sex couples face the same tests, and our LGBTI partner visa page explains the points that are specific to them. General timing questions are covered in our guides on Subclass 820 processing times and how long the onshore partner visa takes.

How My Migration Lawyers helps with partner visa repeated separations

My Migration Lawyers deals with complex partner visa matters, and acts in many cases where the relationship has had breaks, long periods apart or a breakup and reconciliation. A partner visa repeated separations case is one we are capable of handling carefully, because the work turns on the same things every time: an accurate timeline, consistent evidence and an honest explanation that a decision maker can accept.

On a partner visa repeated separations matter, the work usually includes:

• reviewing the relationship history with both partners and identifying each period apart as a temporary separation or a breakup;
• checking whether the de facto 12-month period is met from the correct starting point, or whether marriage, registration or another exception changes the position;
• obtaining and reviewing earlier visa applications so that the partner visa timeline is consistent with what was said before;
• reviewing the applicant's own relationship statement, which remains their own evidence, so that it covers what the law requires and is consistent with the documents;
• advising on which Form 888 witnesses can speak to the separations and the reconciliation from their own knowledge;
• preparing submissions that address the reasons for each break against the legal test in section 5F or section 5CB; and
• advising before any notification of separation, sponsorship withdrawal, or response to a section 56 or section 57 letter, and acting at the Administrative Review Tribunal where a refusal has already been made.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our partner visa lawyers service, our guide to choosing a partner visa lawyer, what an immigration lawyer does on a partner visa, and when to get a second opinion from an immigration lawyer. If your application is already lodged, our article on hiring an immigration lawyer after lodgement explains how the firm can take over a file, and our guide to what happens in an immigration lawyer consultation explains the first step.

My Migration Lawyers acts for couples across Australia, including in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta, with consultations by video.

If your relationship has had breaks and you are worried about how they will be assessed, the right time to get advice is before you lodge or before you answer the Department. Book a Consultation with My Migration Lawyers to have your partner visa repeated separations history reviewed, or call 1300 040 300.