Partner Visa Separate Finances

Partner visa separate finances are not a reason for refusal on their own. A married or de facto couple who keep their money in separate accounts can still be granted a partner visa, because Australian law does not require a joint bank account, pooled income or jointly owned property. What the law requires is that the relationship is genuine and continuing, and that the couple share a life together to the exclusion of all others.

The difficulty in a partner visa separate finances case is not the law. It is the evidence. The Department of Home Affairs is required to consider the financial aspects of the relationship, and a couple whose bank statements show two entirely separate financial lives must explain how they nevertheless share the costs and responsibilities of one household. Couples who explain that clearly, with documents, put themselves in a strong position. Couples who say nothing leave the case officer to fill the gap.

This guide explains how partner visa separate finances are assessed under the Migration Regulations 1994, why many genuine couples keep their money apart, what the Department's own policy guidance says about separate accounts, and how a couple can show financial interdependence without merging their finances. It is written for couples applying for the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa and the permanent Subclass 801 and Subclass 100 stages. For the full overview of every partner visa pathway, read our complete guide to partner visas in Australia.

Can you get a partner visa with separate finances?

Yes. A couple can be granted a partner visa while keeping their finances separate, provided the evidence as a whole shows a genuine and continuing relationship and a mutual commitment to a shared life. Partner visa separate finances become a problem only when the separation is total, unexplained and inconsistent with the rest of the couple's evidence.

The legal test comes from the Migration Act 1958. A spouse relationship is defined in section 5F and a de facto relationship in section 5CB. Both definitions require a mutual commitment to a shared life to the exclusion of all others, a relationship that is genuine and continuing, and a couple who live together or do not live separately and apart on a permanent basis. Neither definition mentions a joint bank account. Neither requires a couple to own anything together.

The financial aspects of the relationship are relevant because they are one of the four matters the decision maker must consider when deciding whether the definition is met. They are evidence of the relationship, not a separate criterion. That distinction is the starting point for every partner visa separate finances matter. A couple does not fail because one box is empty. They fail when the decision maker, looking at everything, is not satisfied that the relationship is what they say it is.

In practice, the couples who run into trouble are not those who keep separate accounts for good reasons. They are those who give the case officer no information about how money moves within the relationship. A partner visa separate finances application that explains the arrangement and documents the sharing is a very different application from one that simply attaches two sets of unrelated bank statements.

How the Department assesses the financial aspects of a relationship

The Department assesses the financial aspects of a relationship under regulation 1.09A(3)(a) for de facto partners and regulation 1.15A(3)(a) for spouses. Both regulations list the same five matters:

• 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.

Read carefully, this list is far wider than a joint bank account. Only the first three items deal with jointly held money or property. The fourth looks at legal obligations one partner owes the other, and the fifth looks at how day-to-day household expenses are shared, whatever the accounts look like. A partner visa separate finances case is usually won on the fourth and fifth items, and on the way the couple deals with major commitments under the third.

The word "any" also matters. The regulations ask about "any" joint ownership and "any" joint liabilities. They do not assume that a genuine couple will have them. A couple who rent, who each own a car and who pay their own phone bills have no joint assets to show, and that is not a failure. It simply means the evidence for the financial aspects will come from other places.

Our guide to partner visa evidence and how to prove your relationship is genuine explains the evidence for all four aspects. This article focuses only on the financial aspects, and on what to do when a couple's finances are deliberately separate.

Financial aspects are one matter among four

The financial aspects are one of four matters, and they are weighed together with the nature of the household, the social aspects of the relationship and the nature of the couple's commitment to each other. Regulation 1.09A(2) and regulation 1.15A(2) require the decision maker to consider all of the circumstances of the relationship, including those four matters.

The Department's policy guidance makes the point directly. It tells delegates that the assessment must not be made by comparing how many of the four matters are satisfied against how many are not. Instead, the delegate considers the relationship against all the factors, takes into account any other relevant information, and decides on balance whether the relationship meets the legal definition. The guidance also describes the listed matters as circumstances to be considered, not criteria that must each be satisfied.

For a partner visa separate finances application, this is the most important legal point. Separate finances may make the financial aspects lighter than in some other relationships. That does not decide the case. A couple with separate finances but a long shared household, strong social recognition and clear evidence of commitment can comfortably meet the test. The weight given to the financial aspects depends on everything else.

Where the four aspects fit in the application

The four aspects are not four statements or four forms. They are the areas of the relationship the decision maker examines. The couple's own account is given in one partner visa relationship statement, which should describe how the couple arrange their money as part of the wider story of their life together. Documents for each aspect are then provided to support that statement. Our partner visa document checklist lists the documents most couples gather, and our article on what evidence you need for an 820 partner visa applies that to onshore applications.

What the Department's policy says about separate bank accounts

The Department's policy guidance expressly recognises that some couples maintain separate accounts. In discussing joint bank accounts, the guidance tells delegates to note that some couples keep separate accounts, and that in both joint and personal accounts there should be evidence of income or spending on shared costs, such as utilities, rent or a mortgage.

That single instruction tells a couple almost everything they need to know about partner visa separate finances. The Department is not looking for a joint account as such. It is looking for evidence that money is spent on the shared life. A personal account that pays half the rent every month, or that pays the electricity bill for the shared home, is evidence of the financial aspects of the relationship. A joint account opened recently with almost no transactions is worth much less.

The same guidance says that joint accounts operated with reasonable frequency over a reasonable period are given more weight than recently opened accounts or accounts with few transactions. This is why opening a joint account shortly before lodgement, purely for the visa, rarely helps a partner visa separate finances case. It can even draw attention to the fact that the couple did not share money before the application.

The guidance also gives examples for the "basis of sharing day-to-day household expenses", including whether each party is financially responsible for their own expenses only and expenses are not pooled. In other words, the Department expects to see some couples who do not pool their expenses, and it treats the way expenses are shared as a matter to be assessed, not a test that a couple either passes or fails.

Why couples keep their finances separate

Many genuine couples keep their finances separate, and the reasons are usually ordinary and easy to explain. A partner visa separate finances arrangement is common among couples who have been married before, couples with children from earlier relationships, couples from cultures where each spouse manages their own income, and couples who simply prefer independence. The reason matters, because a clear and honest reason makes the arrangement understandable to the case officer.

A previous divorce or separation

A person who has been through a divorce or the end of a long de facto relationship may decide never again to merge their finances completely. They may have lost property, taken on debt or spent years untangling joint accounts. Keeping money separate in a new relationship is a rational response to that experience, not a sign that the new relationship is not genuine. Where a previous relationship explains the arrangement, it should be described honestly, together with how the previous relationship ended.

Children from a previous relationship

Parents often keep money separate so that their children's interests are protected. They may maintain an account for child support, school fees or a child's future. They may have made wills that leave property to their children. This is a very common reason for partner visa separate finances, especially among older couples. The Tribunal has recognised the place of children in these arrangements. In Akker (Migration) [2020] AATA 482, a Subclass 309 matter, the issues reported included a genuine spousal relationship, separately managed finances, joint contributions to expenses and joint responsibility for young adult children.

Culture and family expectations

In some cultures each spouse manages their own income, or the family's money is managed by one partner or by the wider family. In others, a person continues to support parents or siblings from their own income after marriage. A couple from such a background may keep separate accounts because that is how money is managed in their family. The Department's policy guidance asks delegates to consider the circumstances of each relationship, and a partner visa separate finances arrangement that reflects the couple's cultural background should be explained in those terms.

Prudence, debt and credit

Some people keep their finances separate because one partner has debt, a poor credit history or a business risk that the other partner does not want to share. Others are simply cautious, or were raised to keep financial independence. A partner visa separate finances arrangement based on prudence is not suspicious if it is explained and if the couple can show how they still share household costs.

Prenuptial and binding financial agreements

Some couples sign a prenuptial agreement or a binding financial agreement under the Family Law Act 1975 before or during the relationship. These agreements are increasingly common, particularly for second marriages and couples with significant assets. A binding financial agreement does not prevent a partner visa. How such an agreement is treated is explained later in this guide.

Visa status and practical barriers

Sometimes finances are separate because the applicant cannot easily join them. An offshore applicant may be unable to open an Australian bank account. An applicant in Australia may have limited work rights or may have arrived recently. In these cases partner visa separate finances are a consequence of the migration process itself, and the evidence usually shifts to transfers, support and shared costs paid from one partner's account. Our article on working while waiting for a Subclass 820 visa explains the work conditions that can affect income during processing.

Partner visa separate finances for spouses and de facto partners

The rules on partner visa separate finances apply in the same way to married couples and de facto couples. The financial aspects are listed in identical terms in regulation 1.15A for spouses and regulation 1.09A for de facto partners. A marriage certificate does not remove the need to show the financial aspects, and the absence of a marriage does not make separate finances more suspicious.

There is one practical difference. A de facto couple must generally show that the de facto relationship existed for at least 12 months before the application, unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances apply. Evidence of shared costs over that period helps to show when the de facto relationship began. In a de facto partner visa separate finances case, records of shared rent and bills are often the clearest evidence of when the couple started living together. 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 for a Subclass 820 visa explain that rule.

The same principles apply to same-sex couples. Our page on LGBTI and same-sex partner visas explains how the relationship criteria apply where a couple could not openly share accounts or property in the applicant's home country.

The sponsor's own finances also matter in a different way. A sponsor gives undertakings when sponsoring, and the sponsor's eligibility is assessed separately. Separate finances do not affect whether the sponsor may sponsor, but previous sponsorships can. Our page on partner visa sponsorship limitations explains those rules. Both partners will use an online account to lodge and manage the application, and our guide on how to create an ImmiAccount explains the process. For the onshore visa in detail, see our guides to the 820 visa requirements and how to apply and the Subclass 820 onshore partner visa.

What the Tribunal has said about separately managed finances

The Administrative Review Tribunal, and the Administrative Appeals Tribunal before it, have considered many partner visa matters where the financial aspects of the relationship were in issue. The following decisions are drawn from reported issue summaries of matters where the Tribunal remitted the application or found the relevant criterion met. They are cited only for the issue each turned on, not as predictions of any outcome.

• Akker (Migration) [2020] AATA 482. A Subclass 309 matter. The reported issues were a genuine spousal relationship, separately managed finances, joint contributions to expenses and joint responsibility for young adult children. It is a direct example of a partner visa separate finances matter where the couple's joint contributions to expenses were considered alongside separately managed money.
• COLANTONI (Migration) [2018] AATA 3902. A Subclass 820 matter. The reported issues included some pooling of finances, residing together and regular social activities. "Some" pooling, considered with the household and social evidence, was part of the assessment.
• TOURI (Migration) [2021] AATA 4570. A Subclass 309 matter. The reported issues included a valid marriage, limited financial arrangements and social aspects of the relationship as culturally appropriate.

These decisions show the point made earlier. The financial aspects were weighed with the other aspects of the relationship. Limited or separate financial arrangements were part of the picture, not the end of it. Couples who want to understand how a refused application is reviewed can read our guide to what to expect at an ART review.

How to show financial interdependence with separate finances

A couple with separate finances shows financial interdependence by proving how money moves between them and how the costs of their shared life are met. In a partner visa separate finances application, the goal is not to pretend the finances are joint. It is to show the real arrangement, and to show that the arrangement is the arrangement of a couple who share a life.

The evidence usually falls into the following groups.

Shared household costs paid from personal accounts

The strongest evidence in most partner visa separate finances cases is the payment of shared costs. If one partner pays the rent and the other pays the groceries and utilities, both partners' personal bank statements will show it. Highlighting those payments over a long period, and explaining the arrangement in the relationship statement, turns two personal accounts into evidence of a shared household.

Useful documents include:

• bank statements showing rent or mortgage payments for the shared home;
• utility, internet and insurance accounts for the shared address, together with statements showing who pays them;
• regular payments for groceries, household goods and shared expenses; and
• payments for joint holidays, family events and shared activities.

A simple summary can help. Many couples prepare a short table that lists each regular household cost, who pays it and from which account. That table, cross-referenced to the highlighted statements, makes a partner visa separate finances arrangement easy for a case officer to follow.

Regular transfers between partners

Many couples who keep separate accounts settle shared costs by transfer. One partner pays the bills and the other transfers their share each week or month. Those transfers are direct evidence of financial cooperation. Transfers with clear descriptions, such as "rent" or "bills", are more useful than unexplained amounts, although the pattern over time is what matters most.

The Tribunal has considered money transfers in several partner visa matters. In Kesserwani (Migration) [2024] AATA 1470, a Subclass 309 matter, the reported issues included a valid marriage, money transfers and neighbouring families. In Pham (Migration) [2024] ARTA 107, also a Subclass 309 matter, the reported issues included joint social activities, frequent travel, money transfers and a long-term relationship.

One partner supporting the other

Financial support from one partner to the other is evidence of the financial aspects of the relationship, even if no account is ever shared. A sponsor who pays the applicant's living costs, study fees, health insurance or travel is showing financial responsibility for the applicant. In Singh (Migration) [2018] AATA 5925, a Subclass 309 matter, the reported issues included a sponsor who financially supported the visa applicant, the couple living in separate countries for many years and a widely recognised relationship.

Support does not need to flow in one direction. In a partner visa separate finances matter, it is often useful to show that each partner has paid for the other at different times, for example during unemployment, illness or study.

Legal obligations owed to each other

Regulation 1.09A(3)(a)(iv) and regulation 1.15A(3)(a)(iv) ask whether one person in the relationship owes any legal obligation in respect of the other. The Department's policy guidance gives examples, including acting as guarantor for a loan and an existing power of attorney. These obligations are particularly valuable in a partner visa separate finances case, because they show financial commitment without joint accounts.

Examples include:

• one partner acting as guarantor for the other partner's loan or lease;
• an enduring power of attorney appointing the partner;
• a will that provides for the partner;
• a superannuation death benefit nomination naming the partner;
• life insurance or income protection policies naming the partner as beneficiary; and
• a private health insurance policy that covers both partners as a couple.

Each of these documents shows that one partner has taken legal or financial steps for the other's benefit. Couples should provide current copies and, where documents were updated after the relationship began, evidence of when the change was made.

Major commitments and joint liabilities

Couples with separate day-to-day accounts sometimes still make major commitments together. A joint lease, a car loan with both names, a joint mortgage application, a jointly purchased vehicle or furniture bought for the shared home all show pooling "especially in relation to major financial commitments", which is the language of the regulations. A partner visa separate finances application should not overlook these commitments simply because the couple does not have a joint everyday account.

How each partner describes the other to government

Financial dealings with government bodies can also carry weight. Tax returns that record the other person as a spouse, Medicare or health insurance arrangements that list both partners, and the way each partner has described their relationship status to government agencies should all be consistent with the application. This evidence often overlaps with the social aspects, because declaring the relationship to government bodies is one of the examples the Department's guidance gives for that aspect.

Any inconsistency should be dealt with before lodgement. A partner who has described themselves as single to a government agency while claiming a relationship for a partner visa creates a serious credibility problem, and advice should be obtained before the application is made.

Prenuptial and binding financial agreements in a partner visa

A prenuptial agreement or binding financial agreement does not prevent a couple from meeting the partner visa requirements. In Australia, a binding financial agreement is made under the Family Law Act 1975, and it sets out how property and financial resources will be dealt with if the relationship ends. Making such an agreement is consistent with a genuine relationship. Many couples who are deeply committed to each other make one, particularly where one or both partners have children, previous marriages or significant assets.

The question in a partner visa separate finances case is not whether an agreement exists. It is how the couple actually live. A binding financial agreement may keep certain property separate, but the couple may still share their home, pay household costs together, support each other and plan their future together. The agreement should be disclosed honestly if it is relevant, and the relationship statement should explain why it was made and how the couple manage money day to day.

The Tribunal has considered a financial deed in a partner visa matter. In Qi (Migration) [2023] AATA 432, a Subclass 820 matter, the reported issues included a genuine and continuing relationship, a binding financial deed, lengthy cohabitation and shared farm management. The decision illustrates that a formal financial agreement was considered together with the rest of the relationship, including the couple's long period of living together.

Couples should not hide a financial agreement. If the Department later learns of it, the failure to mention it may raise questions that a frank explanation would have avoided. Where the agreement contains statements about the relationship that do not match the visa application, such as a different start date for the relationship, that should be identified and addressed before lodgement.

Explaining partner visa separate finances in the relationship statement

The relationship statement is the place to explain partner visa separate finances in the couple's own words. A short, factual explanation of why the couple keep their money separate, and how they share the costs of their life, is usually more persuasive than any single document. The statement is the couple's own evidence. Each partner reviews it, corrects it and confirms that it is true.

A useful explanation usually covers:

• why the couple keep their finances separate, for example a previous divorce, children from a previous relationship, culture, debt or simple preference;
• how household costs are divided, including who pays rent or the mortgage, utilities, groceries and other regular costs;
• what major financial decisions the couple have made together, such as buying a car, moving house or planning a holiday;
• how the couple support each other financially when one partner needs it; and
• what legal steps each partner has taken for the other, such as wills, beneficiary nominations or a power of attorney.

The statement should be consistent with the documents. If the statement says the couple split the rent equally, the bank statements should show it. If the statement says one partner pays all the household bills, the bills should be in that partner's name or paid from that partner's account. Inconsistency is the greatest risk in a partner visa separate finances application, because it allows the case officer to doubt the whole account of the relationship.

Our article on the partner visa relationship statement explains the structure of the statement more generally. Our guide on preparing evidence of a genuine relationship explains how documents support it.

Form 888 statements and the financial aspects

Form 888 statements are supporting statements from people who know the couple. They are not statutory declarations. They mainly support the social aspects and the nature of the commitment, but a person who has seen how the couple live, such as a housemate, a landlord or a close family member, may be able to describe how the couple share the household. Our guides on Form 888 and what it should actually say and Form 888 example answers and common mistakes explain how these statements are prepared. Each witness must describe what they personally know, in their own words.

When finances are separate because of the visa

In some partner visa separate finances cases, the couple has not chosen to keep money apart. The separation is caused by distance, visa conditions or banking rules. This is common for offshore couples and for couples who have only recently begun living together in Australia.

Offshore couples and the Subclass 309

Couples applying for the Subclass 309 offshore partner visa often live in different countries for long periods. Joint accounts may be impossible, and household costs are not shared because there is no single household. The financial aspects are then usually shown through money transfers, payment of travel costs, payment for the applicant's living or study costs and contributions to costs during visits.

The Tribunal has considered several offshore matters where the financial aspects were limited because the couple lived apart. In Koroma (Migration) [2026] ARTA 200 and Marcos (Migration) [2023] AATA 103, both Subclass 309 matters, the reported issues included limited financial, household and social aspects of the relationship while living in different countries. These decisions show that limited financial evidence during a period apart was assessed in light of the reason the couple were apart.

Prospective marriage and engaged couples

Couples applying for the Subclass 300 Prospective Marriage visa are not yet married and often do not live together. Separate finances are expected at that stage. Evidence of support, shared wedding costs and plans for the household after marriage is usually more relevant than joint accounts.

Applicants who have just arrived or have limited work rights

An applicant who has recently arrived in Australia may not yet have a bank account, an employment history or a credit record. A partner visa separate finances arrangement in this situation is often one-sided, with the sponsor paying most household costs. That is still evidence of the financial aspects. The applicant should open an account when they can, and the couple should keep records of how costs are shared from that point. Applicants on a bridging visa should check their work conditions. Our articles on the Bridging Visa A and on bridging visas in Australia explain those conditions.

Applicants who hold no substantive visa

Where an onshore applicant does not hold a substantive visa when applying, Schedule 3 may need to be addressed before the relationship evidence is even considered. That is a separate and more serious issue. Our Schedule 3 waiver page and our guide to Schedule 3 criteria when you are unlawful explain it.

Separate finances and the other three aspects

Partner visa separate finances are assessed alongside the nature of the household, the social aspects and the nature of the commitment. Where the financial evidence is lighter, the other aspects carry more of the weight, and they should be documented thoroughly.

The nature of the household. Evidence that the couple live together at the same address over time, share housework and share responsibility for any children is strong evidence of a shared life. A couple who keep separate money but share every other part of domestic life are clearly a household.

The social aspects. Evidence that the couple present themselves as a couple to family, friends, colleagues and government bodies shows that others recognise the relationship. Joint invitations, travel and social activities, and Form 888 statements, all support this aspect.

The nature of the commitment. The length of the relationship, the time spent living together, the emotional support the couple give each other and their plans for the long term all show commitment. A will or superannuation nomination in favour of the partner often supports both the financial aspects and the commitment.

A partner visa separate finances application is strongest when it shows that separate money is one feature of an otherwise fully shared life. Our pages for partner visa lawyers and our guide to the Subclass 820 partner visa explain how the whole application fits together.

Where couples with separate finances seek advice

Couples dealing with partner visa separate finances live in every part of Australia. Consultations with My Migration Lawyers are held by video, so location does not limit the advice available. Couples in New South Wales often find us through our pages for partner visa lawyers in Sydney and partner visa lawyers in Parramatta. Couples in Victoria and Queensland often start with our pages for partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers on the Gold Coast. The rules on partner visa separate finances are the same everywhere, because they are set by Commonwealth law.

Common mistakes in a partner visa separate finances application

Most problems in a partner visa separate finances application come from how the arrangement is presented, not from the arrangement itself. The following mistakes are the ones that most often turn an ordinary financial arrangement into a concern for the case officer.

Opening a joint account just before lodgement

A joint account opened a few weeks before the application, with one or two deposits and no real spending, adds very little. The Department's guidance gives more weight to accounts used with reasonable frequency over a reasonable period. A last-minute account may also suggest that the couple felt they had to create evidence. In a partner visa separate finances case, it is usually better to explain the real arrangement than to add an account that does not reflect it. If the couple genuinely decide to open a joint account, it should be used for real shared costs from that point.

Saying nothing about the arrangement

Attaching two sets of unrelated bank statements and saying nothing leaves the case officer to reach their own conclusion. Many will conclude that the financial aspects show no sharing. A short explanation, with the relevant transactions highlighted, avoids that.

Inconsistent accounts between the partners

If one partner says they split all costs equally and the other says one partner pays everything, the inconsistency becomes the issue. Each partner should understand and agree on how the household is run before the relationship statement is finalised and before any interview.

Not knowing the other partner's financial situation

Keeping money separate does not mean knowing nothing about each other's finances. A genuine couple usually knows roughly what each partner earns, where they work, what major debts or assets they have and how they plan for the future. In Chhum (Migration) [2023] AATA 1370, a Subclass 820 matter, the reported issues included money transfers, limited knowledge of each other's financial affairs and responsibility for children not being shared. In NGUYEN (Migration) [2021] AATA 2541, also a Subclass 820 matter, the reported issues included the financial aspects of the relationship and the extent of the applicant's knowledge of the sponsor's history of gambling. In a partner visa separate finances matter, each partner should be able to describe the other's financial position in general terms, even if the accounts are kept apart.

Describing minimal integration without context

Some couples describe their finances as completely separate when, in fact, they share a great deal. They forget the rent, the shared groceries, the holidays and the times one partner supported the other. In Phuong (Migration) [2019] AATA 4637, a Subclass 820 matter, the reported issues included a genuine spousal relationship, the financial aspects and minimal financial integration. In Carrion Manrique (Migration) [2020] AATA 1688, also a Subclass 820 matter, the reported issues included limited evidence of pooling of financial resources, a limited social life and family attendance at the wedding. A careful review of the couple's actual spending usually shows more sharing than the couple first describe.

Records that contradict earlier applications

Information about finances, employment and addresses should match what was said in earlier visa applications and in a Form 80 if one is requested. A partner visa separate finances application that shows a different address or employment history from an earlier application may raise integrity questions, which are far more serious than separate accounts.

A checklist before lodging a partner visa separate finances application

Before lodging, a couple with separate finances should be able to answer yes to each of the following questions. This checklist is not a substitute for advice, but it identifies the points that most often weaken a partner visa separate finances application.

• Have we explained why our finances are separate? The relationship statement should give the reason in plain terms.
• Have we shown how shared costs are paid? Bank statements should show rent or mortgage, utilities and household costs, with the relevant transactions identified.
• Have we shown transfers and support? Regular transfers and any financial support from one partner to the other should be documented over time.
• Have we included legal obligations? Wills, beneficiary nominations, powers of attorney, guarantees and insurance naming the partner should be current and included.
• Have we disclosed any financial agreement? A prenuptial or binding financial agreement should be consistent with the application.
• Are our records consistent? Addresses, employment and relationship dates should match across the application, earlier visa applications and government records.
• Is the rest of the evidence strong? The household, social aspects and commitment should be fully documented.

Couples who are deciding whether to prepare the application themselves can read our guide on a partner visa lawyer vs doing it yourself. Our articles on partner visa lawyer services in Australia and on partner visa lawyers explain what legal assistance covers in a partner visa separate finances matter, and our article on booking an immigration lawyer consultation explains how a first consultation works.

Interviews and requests for more information about finances

The Department may ask about the couple's finances in a request for further information or at an interview. A case officer who has concerns about the financial aspects may issue a section 56 request for more information, asking for further evidence of shared costs, joint commitments or support.

In an interview, questions about money are usually practical. A case officer may ask who pays the rent, how bills are divided, what each partner earns, whether either partner has debts and how the couple would manage if one partner lost their job. A couple with partner visa separate finances should answer those questions the same way, because they reflect how the couple actually live. Rehearsed answers are not the aim. Each partner should simply understand the household arrangement they have described.

If the Department forms an adverse view, it will usually invite comment before refusing. Our article on the S57 natural justice letter for a partner visa explains how to respond. A response to concerns about partner visa separate finances should explain the arrangement, provide the evidence that the original application lacked and address each specific concern.

Separate finances at the permanent stage

The financial aspects of the relationship are assessed again at the permanent stage. For the Subclass 801 and Subclass 100, the Department asks for updated evidence that the relationship is genuine and continuing. A partner visa separate finances arrangement that was explained at the first stage should be explained again, with current evidence.

Couples who have kept their money separate often find that their finances become more connected over time. They may sign a lease together, buy a car together, update wills or nominate each other on superannuation. Those developments should be documented as they happen. Couples who do not change their arrangement should continue to keep evidence of how shared costs are paid. Our article on Subclass 820 vs Subclass 801 explains the two stages, and our guide on how long the onshore partner visa takes explains the timing in general terms.

During processing, relevant changes should be notified using Form 1022 to notify changes in circumstances. A change of address is a common example. Where a relationship ends during processing, different rules apply. Our article on what happens if the relationship breaks down explains them, and our family violence partner visa page explains the special provisions for applicants who have experienced family violence committed by the sponsor.

If a partner visa is refused because of the financial aspects

A refusal that relies on the financial aspects of the relationship can often be reviewed. Most onshore partner visa refusals, and many offshore refusals where the sponsor applies, can be reviewed by the Administrative Review Tribunal. The deadline for applying for review is short and strictly applied, so the refusal letter should be read immediately and advice obtained without delay.

The Tribunal reviews the decision afresh. It considers the evidence before it at the time of its own decision, and the couple can provide further evidence about how they share their finances. A partner visa separate finances matter at review should answer each reason given for the refusal, explain the arrangement clearly, and provide updated evidence for all four aspects of the relationship.

Our partner visa refusals page explains how My Migration Lawyers approaches these matters. Our guides to partner visa appeal options, why partner visas get refused and why Subclass 820 partner visas are refused explain the common grounds. Our visa refusals page and our article on when you need a visa appeal lawyer cover review more generally. Where the Tribunal itself makes an error of law, judicial review may be available in limited circumstances. Couples who have been refused should also read our article on applying for a partner visa after a visa refusal.

Couples who lodged their own application and are now worried about the financial evidence can still obtain advice 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.

How My Migration Lawyers helps with partner visa separate finances

My Migration Lawyers acts in many partner visa matters where the couple's finances are separate, and in complex cases where separate finances sit alongside previous marriages, children from earlier relationships, binding financial agreements, long periods apart or a refusal. The firm is capable of handling these matters because it approaches partner visa separate finances as a question of evidence and law, not as a problem to be hidden.

In a partner visa separate finances matter, the firm:

• reviews both partners' bank statements, bills, leases and other financial records to identify every way the couple already share the costs of their life;
• identifies legal obligations between the partners, such as guarantees, wills, powers of attorney, superannuation nominations and insurance, that support the financial aspects;
• reviews any prenuptial or binding financial agreement and checks that it is consistent with the account of the relationship in the application;
• checks the couple's financial and residential history against earlier visa applications and any Form 80, so that inconsistencies are identified before the Department finds them;
• advises on the evidence for the household, social aspects and commitment, so that the application is balanced across all four aspects;
• prepares the evidence in the form the law requires, with clear summaries that show the case officer how shared costs are met; and
• where a refusal has already been made, advises on review and prepares submissions that answer each reason for refusal.

The relationship statement is always the couple's own account. My Migration Lawyers reviews it with the client, the client corrects it, and the firm presents it in the form the law requires. The lawyer decides how the legal arguments are put.

My Migration Lawyers acts for couples across Australia by video. Couples in Western Australia and South Australia often contact us through our pages for partner visa lawyers in Perth and partner visa lawyers in Adelaide. Couples in the Australian Capital Territory and Tasmania can read about 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, immigration lawyers in Melbourne and immigration lawyers in Brisbane explain the wider services. Couples comparing firms may find our guide on choosing the best partner visa lawyer in Australia useful, and our article on when you need an immigration lawyer for a partner visa explains what legal assistance covers.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers. If you want your partner visa separate finances reviewed against the evidence before you apply, or after a request or refusal from the Department, book a consultation or call 1300 040 300.