Partner Visa Self-Employment

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 7, 2026
41 min read
Reading Time
41 min read
Table Of Contents

Key Takeaways

  • Being self-employed does not prevent a partner visa. A partner visa self employed applicant or sponsor uses business records, such as ABN registration, BAS, tax returns, company or partnership documents and business bank statements, to help show the financial aspects of the relationship and the nature of the household.
  • There is no minimum income requirement for the applicant or the Australian partner in a partner visa. The Department of Home Affairs looks at how the couple share money and responsibility, not at how much the business earns.
  • Irregular or seasonal business income is common and is not a problem in itself. It must be explained, and the couple's records should show how household costs are met in both good months and lean months.
  • Working together in a business can be strong evidence of a shared life, but a business connection alone does not prove a spousal or de facto relationship. The couple still need evidence of their personal, household and social life together.
  • Inconsistencies between business records and the partner visa application, such as different addresses, a different relationship status or employment history that does not match Form 80, are a common source of concern and should be resolved before lodgement.
  • Business records support the relationship evidence. They do not replace the relationship statement, Form 888 statements or the evidence of the other aspects of the relationship.

A partner visa self employed applicant can be granted a partner visa in the same way as an applicant who earns a wage. Self-employment is not a barrier. What changes in a partner visa self employed case is the type of financial evidence available. Instead of payslips and a single employer's records, the couple usually rely on business records: an ABN, Business Activity Statements, tax returns, business bank accounts, company or partnership documents and the records of any business they run together.

This guide explains how the partner visa self employed evidence works. It covers what the Department of Home Affairs is actually looking for, which business records help, how to explain irregular income, how a jointly owned business is assessed, what happens when one partner works for the other, and the mistakes that cause concern. It applies to the onshore Subclass 820 partner visa and Subclass 801, and to the offshore Subclass 309 partner visa and Subclass 100.

This is not a general guide to every partner visa criterion. For the overview of each subclass, read our complete guide to partner visas in Australia. This article deals with one practical question: how a self-employed person, or a couple who run a business, use their business and tax records to prove a genuine relationship.

Can you get a partner visa if you are self employed?

Yes. A person who is self-employed can apply for, or sponsor, a partner visa. The criteria for the visa do not depend on whether either partner is an employee, a sole trader, a partner in a business partnership or the director of a company. The partner visa self employed question is therefore not about eligibility. It is about evidence.

The legal test is the same for every couple. The applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and the relationship must be genuine and continuing. For a spouse, section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994 apply. For a de facto partner, section 5CB of the Act and regulation 1.09A apply. Both regulations direct the decision maker to consider all of the circumstances of the relationship, including four 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.

Business records speak most directly to the first two aspects. A partner visa self employed couple therefore uses business records in the same place an employed couple would use payslips, joint pay deposits and salary-funded bills. The documents look different, but the purpose is identical: to show how the couple share their financial life and run their household.

Is there a minimum income for a partner visa?

No. There is no minimum income requirement for the applicant or for the Australian partner in a Subclass 820, Subclass 801, Subclass 309 or Subclass 100 application. A partner visa self employed applicant is not required to show that the business earns a particular amount, has traded for a particular period or makes a profit.

This is one of the most common misunderstandings in partner visa self employed matters. Many couples assume that a new business, a loss-making year or a low taxable income will count against them. It does not, in itself. The Department is not assessing the business as an investment. It is assessing the relationship. A modest business income shared openly between two partners can be stronger relationship evidence than a high salary that only one partner controls.

The Australian partner does give a sponsorship undertaking, which includes assisting the applicant financially and with accommodation as reasonably necessary. That undertaking is not an income test. A sponsor who is self-employed signs the same sponsorship as a sponsor who is employed.

What the Department looks for in a partner visa self employed case

The Department looks for evidence that the couple's finances are connected in a way that reflects a shared life. In a partner visa self employed case, the decision maker is not asking whether the business is successful. The decision maker is asking how the money moves between the partners and the household, and whether the records match what the couple say about their relationship.

Regulations 1.09A and 1.15A describe the financial aspects of the relationship as including:

  • any joint ownership of real estate or other major assets;
  • any joint liabilities;
  • the extent of any pooling of financial resources, especially in relation to major financial commitments;
  • whether one person in the relationship owes any legal obligation in respect of the other; and
  • the basis of any sharing of day-to-day household expenses.

Each of these can be shown with business records. A business asset owned by both partners is joint ownership of a major asset. A business loan, equipment finance or lease signed by both partners is a joint liability. Business income that pays the rent, the mortgage and the groceries is pooling of resources. A guarantee given by one partner for the other's business is a legal obligation in respect of the other. The basis on which business drawings cover household costs is the basis of sharing day-to-day expenses.

The partner visa self employed approach is therefore to map each business record to one of these factors. A business record that does not connect to the relationship, such as a supplier invoice with no link to either partner's household, adds little. A business record that shows money moving into the shared life of the couple can be valuable.

The nature of the household

The nature of the household is the second aspect where business records help. The Regulations refer to joint responsibility for the care and support of children, the living arrangements of the couple, and any sharing of responsibility for housework.

For a home-based business, the business address and the household address are often the same. ABN records, insurance documents, council approvals and supplier accounts at the shared home all show the living arrangements. Where one partner runs the business and the other carries more of the household and childcare work, that division of labour is itself evidence of how the household is organised. In a partner visa self employed matter, the relationship statement should explain how the business and the household fit together, because the documents alone will not tell that story.

Which business records help a partner visa self employed application?

The most useful business records are those that show money, ownership or responsibility shared between the partners. In a partner visa self employed application, the following records commonly help, depending on how the business is structured.

ABN and business name registration

An Australian Business Number registration shows that the business exists, the entity type and when it started. A business name registration with ASIC shows who holds the name. Where both partners are named, or where the business address is the shared home, these records support the financial aspects and the nature of the household. Where only one partner is named, they still confirm the source of that partner's income, which is relevant when the couple explain how household costs are paid.

Business Activity Statements

A business registered for GST usually lodges Business Activity Statements. BAS records show trading activity over time. For a partner visa self employed couple with uneven income, BAS can show that the business has traded steadily across the relationship period, even if individual months vary. BAS do not prove the relationship by themselves, but they give context to bank statements that show business income flowing into household accounts.

Individual tax returns and notices of assessment

Individual tax returns and ATO notices of assessment are among the most useful partner visa self employed records. A sole trader reports business income in an individual return. The return shows the address used, the income declared and, in some cases, a spouse's details. A return that lists the partner as a spouse, at the shared address, is direct and independent evidence of the relationship as declared to the Australian Taxation Office.

Where returns were lodged before the relationship began, or where the relationship status was not updated, that should be explained, not hidden. Our guide to partner visa relationship evidence explains how documents from government agencies carry particular weight because they were created for another purpose.

Business bank statements and transfers

Business bank statements show money coming in and going out. Personal bank statements show where business drawings go. The most persuasive partner visa self employed evidence is often the link between the two: regular transfers from the business account into a joint household account, or business drawings used to pay rent, a mortgage, utilities and family expenses.

A joint personal account into which both partners' income flows is still valuable, as it is for employed couples. Where the business account is in one partner's name only, the transfers out of it into shared spending show pooling of resources. Our 820 partner visa evidence checklist and the partner visa document checklist list the personal financial documents that usually sit alongside these business records.

Company and partnership documents

Where the business is run through a company, an ASIC company extract shows directors and shareholders. Where both partners are directors or shareholders, that is joint ownership of a major asset and a shared legal responsibility. Where the business is a partnership, a partnership agreement and the partnership tax return show each partner's share. Trust arrangements, such as a family trust with both partners as beneficiaries, may also show financial interdependence, although they need careful explanation because the structure can be complex.

Loans, guarantees, leases and insurance

Business loans, equipment finance, commercial leases, guarantees and insurance policies often name both partners, or name one partner as a guarantor for the other. These documents are joint liabilities or legal obligations in respect of the other partner. In a partner visa self employed case they can be some of the strongest financial evidence available, because a lender or landlord does not usually accept a guarantee from someone who is not closely connected to the borrower.

How business records fit with the rest of the relationship evidence

Business records are one part of the evidence. They do not replace the rest. Every partner visa self employed application still needs evidence of all four aspects of the relationship, and still needs one relationship statement that sets out the couple's own account of their life together.

The relationship statement is the place to explain the business. It should describe who runs the business, how the couple decided to set it up or continue it, how business income reaches the household, how the couple manage busy and quiet periods, and how the business affects their daily life. Our guide to the partner visa relationship statement explains how that statement should be structured. In a partner visa self employed case, a short, factual explanation of the business usually makes the documents far easier for a case officer to read.

The social aspects and the nature of the commitment are proved in the same way for self-employed couples as for everyone else. Form 888 supporting statements from Australian citizens or permanent residents who know the couple remain important. Customers, suppliers or business associates who know the couple as partners can sometimes give useful Form 888 statements, provided they genuinely know the couple and can describe the relationship, not only the business. Form 888 is a supporting statement, not a statutory declaration.

For an overview of the evidence for each aspect, see preparing evidence of a genuine relationship. For the onshore visa in particular, our guides to the Subclass 820 onshore partner visa and the Subclass 820 requirements, documents and how to apply explain the wider application.

Married couples and de facto couples

The partner visa self employed evidence works the same way for married and de facto couples. Being married does not remove the need to prove a genuine and continuing relationship. A de facto couple must also generally show that the de facto relationship existed for at least 12 months before the application, unless an exception applies, and business records with dates can help show when the shared financial life began. Our guides to the de facto partner visa and the 12-month rule and to whether you really need 12 months of de facto relationship explain that rule.

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Irregular income in a partner visa self employed application

Irregular income is normal for a self-employed person and is not a ground for concern on its own. In a partner visa self employed application, the issue is not the irregularity. The issue is whether the couple can show how their shared life is funded across the whole year, including months when the business earns little.

A tradesperson may have a strong summer and a quiet winter. A rideshare driver or delivery contractor may earn different amounts each week. A consultant may receive a large payment every few months and nothing in between. A new business may make a loss in its first year. Each of these patterns is consistent with a genuine relationship. Each of them needs a clear explanation.

How to explain uneven business income

The best explanation in a partner visa self employed case is usually a simple one, set out in the relationship statement and supported by bank records. It should cover:

  • the nature of the business and why the income is uneven;
  • how the couple budget for quiet periods, for example by keeping a buffer in a joint account;
  • which partner pays which household costs, and whether that changes with the business cycle; and
  • whether the other partner's income, if any, covers the household when the business is slow.

Bank statements across a full year usually show the pattern more clearly than a few selected months. A case officer who sees large business deposits followed by steady payments of rent and bills from a joint account can understand the arrangement. A case officer who sees only a few random transactions cannot.

Cash income and informal arrangements

Some small businesses receive income in cash. Cash income is lawful, but it is harder to trace, and the Department will usually expect to see it reflected somewhere: in bank deposits, in tax returns or in business records. A partner visa self employed couple who say that cash income pays the household costs, but whose records show no cash deposits and no declared income, are likely to face questions.

The answer is honesty and consistency. The relationship statement should describe the arrangement accurately, and the financial records should be consistent with it. Where the tax position is unclear, that should be resolved with an accountant before the application is lodged, not explained afterwards.

Business losses and low taxable income

A business loss or a low taxable income does not count against a partner visa self employed applicant. Taxable income is often reduced by legitimate deductions, and a business can make a loss while still paying the owner's drawings. The Department is not assessing the business's profitability. Where the tax return shows a loss, the bank records and the relationship statement can show how the couple still met their household costs.

Running a business together as a couple

A couple who run a business together often have strong evidence of financial interdependence. A partner visa self employed couple who co-own a business, share business debts and rely on the same income have pooled their resources in a very real way. Joint business ownership can be some of the best evidence of the financial aspects of the relationship.

There is one important qualification. A business relationship is not the same as a spousal or de facto relationship. Two people can own a business together without being partners. A decision maker will therefore not treat joint business ownership as proof of the relationship on its own. The couple must still show that they live together, share a household, are known as a couple and are committed to a shared life.

What evidence shows a jointly owned business?

The documents that usually show a jointly owned business in a partner visa self employed matter include:

  • an ASIC company extract naming both partners as directors or shareholders;
  • a partnership agreement and partnership tax returns showing each partner's share;
  • business name registration naming both partners;
  • business loans, leases or equipment finance signed by both partners;
  • a business bank account with both partners as signatories; and
  • records showing both partners' involvement in the daily operation of the business.

The date of each document matters. A business set up before the relationship began shows less about the relationship than a business the couple set up together, or a business into which one partner brought the other. Where a business was set up shortly before the visa application, the couple should be ready to explain why, because a decision maker may consider whether the arrangement was created to support the application.

When one partner works in the other partner's business

Many self-employed people employ, or rely on unpaid help from, their partner. This is common in family businesses such as restaurants, retail shops, cleaning businesses and trades. In a partner visa self employed case, it can be helpful evidence, but it must be presented carefully.

Where one partner is paid a wage, payslips, payroll records and superannuation contributions show an employment arrangement. That arrangement on its own looks like employer and employee. The relationship statement should explain that the couple work together as part of their shared life, and how the wage fits into the household finances. Where the partner helps without pay, that contribution to the shared enterprise can be evidence of commitment and pooling of resources, and the statement should say so.

The applicant's own visa conditions must also be checked. An applicant who works in the business while holding a visa that restricts work may face separate problems. Our guides to working while waiting for a Subclass 820 visa, the Bridging Visa A and bridging visas in Australia explain the work conditions that apply during processing. An applicant who needs to travel for the business while on a bridging visa should also read about the Bridging Visa B before leaving Australia.

When the Australian partner is the self-employed sponsor

A self-employed Australian partner can sponsor a partner visa on the same basis as an employed sponsor. In a partner visa self employed matter where the sponsor runs the business, the sponsor's records usually show how the sponsor supports the household, and often how the sponsor supports the applicant financially.

Where the applicant has recently arrived, or does not yet have work rights, the sponsor's business income may be the main source of household funds. Bank records showing the sponsor's business drawings paying for the couple's rent, food, transport and the applicant's personal costs are evidence that one partner relies on the other financially, which is one of the matters listed in the Regulations. This is particularly relevant for offshore applicants, where the sponsor may be sending money overseas.

The sponsor's own eligibility is a separate matter. A sponsor who has sponsored previous partners may be affected by the sponsorship limitations, whatever their income. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain those rules. Where the sponsor is a New Zealand citizen who is not an eligible New Zealand citizen, the Subclass 461 visa may be relevant instead.

Offshore partner visa self employed applicants

An applicant for the offshore Subclass 309 who runs a business overseas uses the same principles. The partner visa self employed evidence simply comes from another country. Foreign business registration, foreign tax returns, foreign bank statements and company records can all be used, with English translations where they are not in English.

Two practical points arise. First, many couples applying offshore have lived apart for periods, so the financial evidence may show support moving between countries rather than a shared household account. Transfers from the sponsor to the applicant, or from the applicant's business to shared costs, can show the financial connection. Second, the applicant must be outside Australia when the Subclass 309 is granted, so an applicant who travels to Australia to visit the sponsor should plan that travel carefully. Couples who intend to marry before the applicant migrates should also consider the Subclass 300 Prospective Marriage visa.

Visitors who meet their partner while in Australia and later want to apply onshore should check their visa conditions first. Our guide to moving from a tourist visa to a partner visa in Australia explains what to check.

Consistency between business records and the partner visa application

Consistency is the most important practical issue in a partner visa self employed application. Business records are created for other purposes, by other people, over a long period. They often contain details that do not match what the couple say in the partner visa application. A decision maker who notices a mismatch is entitled to ask about it, and an unexplained mismatch can damage credibility.

Common inconsistencies include:

  • a business or tax address that is different from the address the couple say they shared;
  • a tax return or business document describing a partner as single after the claimed start of the relationship;
  • an employment history in Form 80 that does not match the business records or earlier visa applications;
  • a business start date in the application that differs from the ABN registration; and
  • a claim that the business pays household costs, without bank records that show it.

Most of these have innocent explanations. A business may be registered at an accountant's address. A tax return may have been lodged by an accountant who was not told about the relationship. The point in a partner visa self employed case is to find these issues before the Department does, and to explain them in the application.

Form 80 and employment history

The Department may ask the applicant to complete Form 80, the personal particulars form, which asks for detailed employment history. A self-employed applicant should describe self-employment accurately, including the business name, the type of work and the dates. Gaps, periods of informal work and overlapping roles should be explained. The answers should match the business records and any earlier visa applications, because the Department can compare them.

These requests usually come through a section 56 request for more information. A request for further financial evidence during processing is common in partner visa self employed matters, and should be answered within the time allowed with records that address exactly what was asked.

Business records at the permanent stage

The partner visa self employed evidence does not stop at lodgement. Eligibility for the permanent Subclass 801 or Subclass 100 is generally assessed about two years after the combined application was lodged, and the couple must show again that the relationship is genuine and continuing. Updated business records, tax returns, BAS and bank statements for the period since lodgement are usually part of that evidence.

Couples should keep their business and personal financial records organised throughout processing. A business that has grown, changed structure or closed should be explained. Our article on Subclass 820 vs Subclass 801 explains the two stages, and our guide to how long a Subclass 820 partner visa takes explains the timing in general terms.

Notifying changes in circumstances

A significant change, such as a change of address, may need to be notified to the Department. A change in the business itself is not always a change that must be notified, but where it affects the household, the address or the relationship evidence, it should be considered. Our guide to Form 1022 to notify changes in circumstances explains when notification is required.

Partner visa self employed applicants and the relationship breaking down

A business owned by both partners can complicate matters if the relationship ends during processing. The genuine and continuing relationship requirement may no longer be met, although special provisions can apply in limited circumstances, including where the applicant has suffered family violence committed by the sponsor. Financial control within a business, such as one partner controlling all business income and denying the other access to money, can sometimes form part of a family violence claim. Our family violence partner visa page and our article on what happens if the relationship breaks down explain those provisions. A partner visa self employed applicant in this position should get advice early, because the business records may become central evidence.

Same-sex couples who run a business together

The partner visa self employed evidence applies in the same way to same-sex couples. Some same-sex couples are not open about their relationship in every setting, and a business may be one place where they present simply as business partners. Where that is the case, the relationship statement should explain it honestly, and the other evidence of the relationship should be gathered carefully. Our page on same-sex and LGBTI partner visas explains how the relationship criteria apply to LGBTI couples.

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How to organise partner visa self employed evidence

Partner visa self employed evidence is most effective when it is organised around the four aspects of the relationship, not around the business. A case officer reading the application wants to find the answer to one question quickly: how do these two people share their life? The business records should be arranged so that they answer it.

Step 1: Describe the business structure in one short summary

The first step is a short, factual summary of the business. It should state the type of entity (sole trader, partnership, company or trust), who owns it, who works in it, when it started and what it does. This summary can be included in the relationship statement or in a covering submission. Without it, a case officer must work out the structure from ASIC extracts and tax returns, which takes time and can lead to misunderstanding.

Step 2: Show the money moving into the shared life

The second step is to show how business income reaches the household. In most partner visa self employed cases, this means a selection of business bank statements and personal or joint bank statements across the same period, with the relevant transfers easy to identify. A brief explanation of which account pays rent or the mortgage, which pays utilities and which pays daily living costs helps the reader follow the records.

Step 3: Group the joint ownership and liability documents

The third step is to group the documents that show joint ownership and joint liability: company extracts, partnership agreements, loans, leases, guarantees, equipment finance and insurance. These documents usually carry the most weight in the financial aspects, because they involve legal obligations that third parties have accepted.

Step 4: Add the tax records that confirm the relationship

The fourth step is to include tax returns and notices of assessment, particularly where they list the partner as a spouse or show the shared address. Tax records lodged with the Australian Taxation Office are independent government records, and they help confirm the account the couple give in the application.

Step 5: Explain the gaps

The final step is to explain anything that does not fit: a different address, a period of separate finances, a business loss, a gap in trading or a change in structure. A partner visa self employed application with short, honest explanations of its gaps is usually far stronger than one that leaves the case officer to discover them.

This structure is not a legal requirement. It is a practical way to make sure the business evidence supports the relationship evidence rather than burying it. The same principle applies to the other aspects, which are explained in our guide to proving each aspect of a genuine relationship.

Privacy and sensitive business information

Business records often contain information about customers, suppliers and other investors. Applicants sometimes worry about providing this information. The Department needs enough to assess the relationship, not every detail of the business. Where records contain third-party information that is not relevant to the relationship, it may be appropriate to provide summaries or redacted copies, with full records available if requested. Any redaction should be explained and should never remove information that is relevant to the relationship or to the application.

Common mistakes in partner visa self employed applications

Most problems in partner visa self employed applications come from how the evidence is presented, not from the business itself. The most common mistakes are set out below.

Submitting too much business paperwork

A case officer does not need every invoice, receipt and supplier statement. Large volumes of business records with no explanation make the relationship harder to see. A partner visa self employed application should include the business records that show the connection between the partners and the household, organised and explained. Our guide to the Subclass 820 partner visa explains the wider evidence set, and the business records should sit within it, not overwhelm it.

Relying on the business instead of the relationship

Some couples who work together assume that the business proves everything. It does not. A partner visa self employed couple must still prove the nature of the household, the social aspects and the nature of the commitment. Photos of the couple at work, business documents and customer reviews show a working partnership. They do not, by themselves, show a shared personal life.

Unexplained separate finances

Some self-employed people keep business money strictly separate from their partner for good reasons, such as advice from an accountant, an earlier divorce or a business with other investors. Separate finances are not fatal, but the couple must explain how they share the costs of their life together. Business drawings that pay household costs, even if the accounts are separate, can show sharing. An application that simply shows two separate financial lives with no explanation invites concern.

Inconsistent addresses and relationship status

As explained above, tax returns, ABN records and business documents that show a different address or a single status are a frequent issue. In a partner visa self employed case, these documents are often lodged with the application without anyone checking them against the relationship timeline. They should be checked and, where needed, explained.

Ignoring earlier visa applications

An applicant who described their employment or relationship differently in an earlier visa application may face questions under the integrity criterion in PIC 4020. A self-employed applicant who once described themselves as employed, or who omitted a business, should check what was said before. The point is accuracy, not presentation.

Why partner visas are refused on financial evidence

Partner visas are refused on financial evidence where the decision maker is not satisfied that the financial aspects, read with the other three aspects, show a genuine and continuing relationship. In a partner visa self employed case, a refusal usually reflects one of three problems: evidence that does not show any real financial connection, evidence that contradicts the couple's account, or evidence that was never explained.

The Tribunal has examined the financial aspects of partner relationships many times, and several matters have been remitted or found in the applicant's favour on review. In Monye (Migration) [2021] AATA 1966, a Subclass 820 matter, the issues reported included the pooling of financial resources and the household arrangements of the couple. In Singh (Migration) [2019] AATA 5382, also a Subclass 820 matter, the reported issues included pooled financial resources, shared household expenses and housework, and joint responsibility for the care of children. In Phuong (Migration) [2019] AATA 4637, the reported issues included the financial aspects of the relationship and minimal financial integration. In Joe (Migration) [2024] AATA 3870, a Subclass 309 matter, the reported issues included financial contributions made by the review applicant over a period of many years. These cases show that the Tribunal looks at how a couple actually manage money, not only at formal joint accounts. They were not handled by My Migration Lawyers, and each turned on its own facts.

Our articles on why Subclass 820 partner visas are refused and on why partner visas get refused set out the common refusal grounds in more detail.

Responding to concerns before a decision

Before refusing, the Department will usually give the applicant a chance to comment on adverse information. In a partner visa self employed matter, that may include questions about the business, the income or inconsistencies in the records. A careful response that explains the business, provides targeted records and addresses each concern directly is important. Our guide to responding to an S57 natural justice letter for a partner visa explains that process.

Review if a partner visa self employed application is refused

If a partner visa is refused, review may be available in the Administrative Review Tribunal. The deadline for applying for review is short and is strictly applied, so the refusal letter should be read immediately and advice obtained without delay. The Tribunal reviews the decision afresh and can consider evidence available at the time of its own decision, including business and financial records the Department did not see.

For a partner visa self employed applicant, review is often an opportunity to present the business evidence properly: with a clear explanation of the business structure, a full year or more of bank statements, tax returns and BAS, and a relationship statement that connects the records to the couple's shared life. Our partner visa refusals page, our guide to partner visa appeal options and our article on what to expect at an ART review explain the process. A visa appeal lawyer can assess the evidence and the reasons for refusal. Where the Tribunal has made a legal error, our judicial review page explains the further options, and our general visa refusals page covers refusals of other visa types.

An applicant in Australia whose earlier visa was refused, and who now wants to apply for a partner visa, should also read about applying for a partner visa after a visa refusal. Where the applicant does not hold a substantive visa when applying, the Schedule 3 criteria may apply, and our Schedule 3 waiver page explains how those cases are approached.

Getting a partner visa self employed application checked before or after lodgement

A partner visa self employed application benefits from a legal review before it is lodged, because the business records are usually the most complex part of the evidence. Couples who have already lodged their own application can also ask for the evidence to be reviewed during processing. Our articles on hiring an immigration lawyer after lodging your own visa application and on getting a second opinion from an immigration lawyer explain how that works. A lawyer can be appointed to an existing application using Form 956.

Couples weighing whether to apply on their own can read partner visa lawyer vs doing it yourself and our guide to when you need an immigration lawyer for a partner visa. Our page on partner visa lawyer services in Australia explains what legal assistance covers, and our guide to booking an immigration lawyer consultation explains what to prepare. The Department's online lodgement is done through ImmiAccount, and our guide on how to create an ImmiAccount explains the account both partners will use.

How My Migration Lawyers helps with a partner visa self employed application

My Migration Lawyers acts in many partner visa matters where one or both partners are self-employed, including complex cases involving jointly owned companies, partnerships, family trusts, irregular income, cash businesses, overseas businesses and records that do not match the relationship timeline. The firm is capable of handling these matters because it treats the business records as legal evidence, tested against the Regulations, not as paperwork to attach.

In a partner visa self employed matter, My Migration Lawyers usually:

  • reviews the business structure and identifies which records show joint ownership, joint liabilities, pooling of resources, legal obligations between the partners and the sharing of household costs;
  • checks tax returns, ABN and business name records, ASIC extracts and BAS against the couple's addresses, relationship dates and earlier visa applications, so that inconsistencies are found and explained before lodgement;
  • selects and organises the business records that matter, so the case officer sees the relationship rather than a box of invoices;
  • reviews the client's relationship statement with them, so that the client's own account of how the business and the household work is clear and accurate, and the client corrects it;
  • checks the applicant's visa conditions where the applicant works in the business, and any sponsorship limitations affecting the Australian partner;
  • prepares responses to section 56 requests and natural justice letters about the business and financial evidence; and
  • prepares the couple for the permanent stage, so that updated business and financial records continue to build the evidence after lodgement.

The relationship statement is always the client's own evidence. My Migration Lawyers presents that account and the supporting records in the form the law requires, and the lawyer decides how the legal submissions are put.

My Migration Lawyers advises couples across Australia by video. Clients often find us through our pages for partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane, partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers in Parramatta, partner visa lawyers on the Gold Coast, partner visa lawyers in Canberra and partner visa lawyers in Hobart. Where a matter involves more than a partner visa, our pages for immigration lawyers in Sydney and immigration lawyers in Melbourne explain the wider services. Couples comparing firms may find our guide to choosing the best partner visa lawyer in Australia useful.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our partner visa lawyers service. If you are a partner visa self employed applicant or sponsor and want your business records checked against the relationship evidence before you apply, or after a request or refusal, book a consultation online or call 1300 040 300.

Frequently Asked Questions

Can I get a partner visa if I am self employed?

Yes. Being self employed does not prevent a person from applying for, or sponsoring, a partner visa. The criteria are the same for employees, sole traders, partners in a business partnership and company directors. The difference in a partner visa self employed case is the evidence. Instead of payslips, the couple usually rely on ABN records, Business Activity Statements, tax returns, business bank statements and company or partnership documents to show the financial aspects of the relationship and the nature of the household.

Is there a minimum income requirement for a partner visa?

No. There is no minimum income requirement for the applicant or the Australian partner for a Subclass 820, Subclass 801, Subclass 309 or Subclass 100 visa. A self-employed applicant does not need to show that the business earns a set amount, makes a profit or has traded for a set period. The Department of Home Affairs assesses whether the relationship is genuine and continuing, including how the couple share their finances, not whether the business is financially successful.

What business documents can be used as evidence for a partner visa?

Business documents that show money, ownership or responsibility shared between the partners are the most useful. Common examples are ABN and business name registration, Business Activity Statements, individual tax returns and notices of assessment, business and personal bank statements showing transfers into household costs, ASIC company extracts, partnership agreements, business loans, leases, guarantees and insurance policies. Each document should be connected to one of the assessed aspects of the relationship, usually the financial aspects or the nature of the household.

Do tax returns help prove a partner visa relationship?

Yes. Individual tax returns and notices of assessment can be useful independent evidence because they are lodged with the Australian Taxation Office for another purpose. A return that shows the shared address, or that lists the partner as a spouse, supports the account the couple give in the application. Where an earlier return shows a different address or a single status after the relationship began, that should be explained honestly in the application rather than left for the case officer to find.

Does irregular self-employed income affect a partner visa?

No, not in itself. Irregular, seasonal or uneven income is normal for self-employed people and is not a ground for refusal. What matters is that the couple can show how their shared life is funded across the whole year, including quiet periods. Bank statements covering a full year, read together with a short explanation in the relationship statement of how the couple budget and who pays which household costs, usually make the pattern clear to the case officer.

Can a business loss or low taxable income cause a partner visa refusal?

No. A business loss or a low taxable income does not, by itself, count against a partner visa applicant or sponsor. Taxable income is often reduced by legitimate deductions, and a business can make a loss while still paying the owner's drawings. The Department is assessing the relationship, not the profitability of the business. The bank records and the relationship statement should show how the couple still met their household costs during that period.

Is running a business together enough to prove a genuine relationship?

No. A jointly owned business can be strong evidence of financial interdependence, but a business connection alone does not prove a spousal or de facto relationship. Two people can own a business without being partners. A partner visa self employed couple who work together must still provide evidence of their shared household, how they are known socially as a couple and their commitment to a shared life, together with one relationship statement and supporting Form 888 statements.

Can my partner work in my business while waiting for a partner visa?

It depends on the visa the applicant holds. An applicant who holds a bridging visa or another visa with work rights may be able to work in the business, but an applicant whose visa restricts or prohibits work must not breach that condition. The applicant's current visa conditions should be checked before any work begins, whether the work is paid or unpaid. Where the partner does work in the business, the relationship statement should explain how that arrangement fits into the couple's shared life.

Can a self-employed Australian partner sponsor a partner visa?

Yes. A self-employed Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a partner visa in the same way as an employed sponsor. The sponsor does not need to meet an income test. The sponsor's business records, such as bank statements showing business drawings used for rent, food and the applicant's costs, can help show the financial aspects of the relationship. Separate sponsorship limitations may still apply where the sponsor has sponsored a previous partner.

Does cash income cause problems in a partner visa application?

Cash income is lawful, but it can cause problems if it does not appear anywhere in the records. Where a couple say that cash income pays their household costs, the Department will usually expect that income to be reflected in bank deposits, tax returns or business records. An unexplained gap between the couple's account and their financial records can raise credibility concerns. Any uncertainty about the tax position should be resolved with an accountant before the partner visa is lodged.

Do I need joint bank accounts if I am self employed?

No. Joint bank accounts are not a legal requirement for a partner visa, although they are common and useful evidence. A self-employed person may keep business money separate for good reasons. Where accounts are separate, the couple should show how household costs are shared, for example through regular transfers from the business account to pay rent, a mortgage, utilities and daily living expenses. The relationship statement should explain how the arrangement works.

What if my ABN or business address does not match our home address?

A mismatch between the ABN or business address and the couple's home address is common and usually has an innocent explanation. A business may be registered at an accountant's office, a commercial premises or a previous address. The difference should be identified before lodgement and explained briefly in the application. An unexplained mismatch between business records and the address history in the partner visa application can cause a case officer to question when, or whether, the couple lived together.

Can customers or business associates give Form 888 statements?

Yes, provided they meet the requirements for a Form 888 witness and genuinely know the couple as partners. A Form 888 is a supporting statement from an Australian citizen or permanent resident about the relationship. A customer, supplier or business associate who only knows the couple through work may say little about the personal relationship. The most useful statements describe how the witness knows the couple, how long they have known them and what they have seen of their life together.

Should I include all my business records in a partner visa application?

No. A case officer does not need every invoice, receipt and supplier statement. Large volumes of unexplained business paperwork make the relationship harder to see. The partner visa self employed evidence should be selected and organised around the four assessed aspects of the relationship, with a short summary of the business structure and clear links between business income and the household. Full records can be kept ready in case the Department asks for more information.

Do I need to provide business records again at the permanent stage?

Usually, yes. At the permanent Subclass 801 or Subclass 100 stage, the couple must show again that the relationship is genuine and continuing. Updated tax returns, notices of assessment, Business Activity Statements and bank statements for the period since lodgement are commonly part of that evidence. Any significant change in the business, such as a new structure, a sale or a closure, should be explained so that the updated records are consistent with the couple's account.

Can a partner visa be refused because of financial evidence?

Yes. A partner visa can be refused where the decision maker is not satisfied that the evidence, including the financial aspects read together with the other aspects, shows a genuine and continuing relationship. Refusals linked to financial evidence usually involve records that show no real financial connection, records that contradict the couple's account, or inconsistencies that were never explained. Where a refusal occurs, review in the Administrative Review Tribunal may be available, and the deadline to apply is short and strictly applied.

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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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