Partner Visa Temporary Separation

What is a partner visa temporary separation?

A partner visa temporary separation is a period when a couple applying for, or holding, a partner visa live apart for a reason such as work, family, study or visa rules, while their relationship continues and they intend to live together again. The phrase "partner visa temporary separation" is not a term used in the legislation. It describes a situation the law expressly allows for, because the relationship test asks whether the couple live together or do not live separately and apart on a permanent basis.

Many genuine couples spend time apart. A sponsor takes a fixed contract in a mining town. An applicant flies home to care for a sick parent. One partner finishes a degree in another city. A visa rule or border closure keeps the couple in different countries. None of these, on its own, means the relationship has failed. What matters is whether the separation is temporary, why it happened, and whether the relationship continues in substance while the partners are apart.

This guide explains the law behind a partner visa temporary separation, how decision makers assess it, how to explain it, the evidence that shows the relationship continues, how timing affects the application, and how a temporary separation differs from a breakdown. It covers a single or occasional period apart. It sits within the wider guide to the partner visa in Australia. It applies to the onshore Subclass 820 visa and Subclass 801 visa, and to the offshore Subclass 309 visa and Subclass 100 visa, which all use the same relationship test.

Why a partner visa temporary separation worries couples

Couples often fear that any time apart will be treated as the end of the relationship. That fear is understandable. A partner visa is built on a shared life, and a separation removes the most obvious evidence of that shared life: the shared home. But the law is more realistic than many couples expect. The Department's own policy recognises that physical separation for work or other reasons does not necessarily mean a couple have separated in the legal sense. The task is to show the decision maker that the relationship is still alive. The guide to the complete Subclass 820 partner visa explains the relationship requirement in its wider setting.

What does the law say about living apart on a partner visa?

The law says a married couple must live together or not live separately and apart on a permanent basis, and a de facto couple must meet the same requirement. For married couples the requirement is in paragraph 5F(2)(d) of the Migration Act 1958. For de facto couples it is in paragraph 5CB(2)(c). A partner visa temporary separation is consistent with both provisions, as long as the separation is not permanent.

The words "on a permanent basis"

The key words are "on a permanent basis". The provisions do not say the couple must always live under the same roof. They say the couple must not be living separately and apart permanently. The Department's policy on married relationships says paragraph 5F(2)(d) "explicitly requires any separation of the couple to be temporary". The de facto policy says the same of paragraph 5CB(2)(c). A partner visa temporary separation is therefore not a breach of the requirement. A permanent separation is.

The onus is on the applicant

The Department's policy states that the onus is on the applicant to satisfy the decision maker that the separation is temporary, and that the couple will, at some point in the future, live together. This is important. The decision maker does not have to prove the separation is permanent. The applicant has to show it is not. That is why a partner visa temporary separation must be explained and supported with evidence, not simply mentioned. The guide to the most common Subclass 820 refusal reasons shows how often an unexplained gap leads to refusal.

There is no fixed timeframe

The same policy says there is no timeframe in which the couple must live together, and that claims must be considered on a case by case basis. There is no rule that a separation longer than a certain number of months is automatically permanent. A long partner visa temporary separation with a clear reason and strong evidence of a continuing relationship can be accepted. A short separation with no reason, little contact and no plan to reunite may not be.

What "permanent separation" means

The policy explains that legally, separation is regarded as where either party forms the intention that the relationship is at an end and acts on that intention in a way that is inconsistent with the continuation of the relationship. It also says physical separation for work or other reasons does not necessarily mean the parties have legally separated, and that it is possible to be separated while still living at the same address. In other words, the test is about intention and conduct, not about addresses alone. A partner visa temporary separation is one where neither partner has decided the relationship is over, and both continue to act as a couple.

How do decision makers assess a partner visa temporary separation?

Decision makers assess a partner visa temporary separation by looking at the reasons for the separation and asking whether they are consistent with a mutual commitment to a shared life. They then consider the separation together with all the other circumstances of the relationship.

The reasons for the separation

The Department's policy on the nature of the commitment says that if parties who are, or until recently were, living separately claim the separation is not permanent, decision makers need to consider the reasons for the temporary separation and whether they are consistent with a mutual commitment to each other. This is the central question in every partner visa temporary separation.

A reason is consistent with commitment when it explains why a committed couple would choose, or be forced, to live apart for a while. A job that pays for the couple's future home, a duty to care for a dying parent, a course of study, or a visa or travel restriction are all reasons a committed couple might accept. A reason is less convincing when it suggests the couple simply prefer separate lives, or when the explanation changes over time.

All the circumstances of the relationship

A partner visa temporary separation is never assessed alone. Under regulations 1.15A and 1.09A of the Migration Regulations 1994, the decision maker must consider all the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The policy says the assessment must not be a count of how many matters are satisfied against how many are not. A separation naturally weakens the household aspect for that period. The other aspects can carry more of the weight, and the guide to partner visa relationship evidence explains how they fit together.

What de facto couples need to know

For de facto couples, the Department's policy refers to the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. The policy says that because of this decision, a delegate cannot find that a de facto applicant fails paragraph 5CB(2)(c) solely because the couple were not living together at the time of application or at the time of decision. Evidence of living together remains relevant to whether the relationship is genuine and continuing, but not living together at a given moment is not, on its own, fatal. This matters for any de facto partner visa temporary separation. The guide to the de facto partner visa explains the wider de facto rules.

Where the separation fits in the timeline

Decision makers also look at where a partner visa temporary separation sits in the history of the relationship. A couple who lived together for years and then spent four months apart for a family emergency present very differently from a couple who married quickly and have spent most of the marriage apart. Neither situation is automatically fatal, but the second needs more evidence of how the relationship developed and how it works across distance. That second situation overlaps with couples who have repeated separations or have never lived together, which are separate topics.

A common error about a partner visa temporary separation

A common misunderstanding is that any separation must be hidden, or that a couple must invent a shared address to avoid questions. That is wrong and dangerous. Giving false information to the Department can engage public interest criterion 4020 and lead to refusal. The law allows a temporary separation. The correct approach is to disclose it, explain it, and support the explanation. The guide to why partner visas get refused shows how hidden facts damage applications far more than honest ones.

Common reasons for a partner visa temporary separation

The most common reasons for a partner visa temporary separation are work, family responsibilities, study, visa and immigration rules, and travel restrictions. Each reason raises slightly different questions, and each needs its own kind of supporting evidence.

Work

Work is the most common reason. A sponsor may accept a fly-in fly-out role, a regional posting, a defence deployment, a seasonal contract or a secondment overseas. An applicant may take work in another city because it is the only job available. A work-related partner visa temporary separation is usually easy to understand if it is documented. Evidence includes the employment contract or letter showing the location and duration, rosters, travel bookings for visits home, and evidence that wages are used for shared costs or future plans. The officer will want to see that the couple chose the separation together and planned for it.

Family responsibilities

A partner may travel to care for a sick or elderly parent, attend a funeral and stay to support family, or help with a family crisis. A family-related partner visa temporary separation is consistent with commitment, because many couples support each other through exactly these events. Evidence includes medical letters about the family member, death certificates or funeral notices, travel records, and evidence of contact and support between the partners during the period. Where the other partner also travelled for part of the time, that is strong evidence.

Study

One partner may study in another city or country for a semester or a full course. Evidence includes enrolment letters, course dates, and evidence of how the couple maintained the relationship, such as regular visits during breaks and shared financial arrangements. The officer will want to know what happens when the course ends, and where the couple will live once it does.

Visa and immigration rules

Sometimes the separation is caused by the visa system itself. An applicant may have to leave Australia when a visa expires, may be waiting offshore for a Subclass 309 visa, or may be unable to enter Australia until a visa is granted. A visa-related partner visa temporary separation is very common for offshore couples, and also arises where an onshore applicant must leave because they cannot lodge in Australia. The guide to moving from a tourist visa to a partner visa and the guide to Schedule 3 criteria explain some of the situations that lead to this. The Subclass 309 visa and the Subclass 300 prospective marriage visa both involve couples who are often apart while the application is processed. Evidence includes visa grant notices, refusal or expiry dates, and records showing the couple's efforts to be together.

Travel restrictions and events outside the couple's control

Border closures, natural disasters, conflict and travel restrictions can keep couples apart for long periods. A partner visa temporary separation caused by events outside the couple's control is usually understood, provided the couple show they stayed connected and reunited, or tried to, when they could. Evidence includes flight cancellations, government notices, and evidence of contact throughout.

Health

A partner may need medical treatment in another place, or may be unable to travel for health reasons. The evidence should show the reason, the expected duration, and how the couple supported each other during that time. Sensitive medical information should be provided only as far as needed to explain the separation.

How to explain a partner visa temporary separation

The best way to explain a partner visa temporary separation is to state clearly when it started, why it happened, how the couple stayed connected, and when and how they will live together again, and then to support each point with documents. A good explanation answers the decision maker's questions before they are asked.

Answer four questions

Every explanation of a partner visa temporary separation should answer four questions. When did it start, and when did it end or when will it end? Why did it happen, and was it a joint decision? How did the relationship continue during the separation? What is the plan to live together again, and what steps have been taken toward it? A decision maker who can find a clear answer to each of these questions is far more likely to accept that the separation is temporary.

Put the explanation in the relationship statement

The natural place to explain a partner visa temporary separation is the couple's relationship statement. A partner visa has one relationship statement, written in the couple's own words, and it should describe the separation as part of the history of the relationship, not as a separate defensive document. If the separation happens after lodgement, it can be explained in a short updated statement uploaded with supporting evidence. The guide to the partner visa relationship statement explains how the statement is written. It must be true, in the couple's own words, and consistent with the forms.

Keep the explanation consistent everywhere

A partner visa temporary separation must be described the same way in every document: the application form, Form 80, the relationship statement, the Form 888 statements and any interview. If the application lists a shared address for a period when one partner was living elsewhere, the inconsistency can damage the whole case. The guide to Form 80 explains why address history must be complete and accurate.

Let witnesses describe what they saw

Form 888 statements from friends and family who know the couple can describe the separation from the outside: that the couple talked about the move together, that the partner away visited when possible, that the family treated the couple as a couple throughout. These statements support the social aspect of the relationship and the explanation of the separation. The guides on who can make a Form 888 and Form 888 example answers and common mistakes explain what makes a statement useful. Generic or copied statements carry little weight.

Do not overstate the contact

It is tempting to say the couple spoke "every day" or visited "every weekend". If the records show something different, the overstatement becomes a credibility problem. Describe the contact as it really was. Genuine couples have busy weeks, time differences and periods of less contact. An honest description, supported by records, is more persuasive than a perfect one.

What evidence shows the relationship continued during a partner visa temporary separation?

The evidence that shows the relationship continued during a partner visa temporary separation is evidence of regular contact, visits, financial connection, shared decisions, recognition by others and concrete plans to live together again. The aim is to show that the couple were apart in place but not apart in life.

Contact and communication

Records of calls, video calls and messages across the whole period show the relationship continued. A representative sample is better than thousands of screenshots. Choose samples spread across the separation, showing ordinary daily contact as well as important conversations, such as decisions about the move or plans to reunite. Call logs that show frequency over time are useful. The guide to preparing evidence of a genuine relationship explains how to select and present communication evidence.

Visits and time together

Evidence of visits during a partner visa temporary separation is some of the strongest evidence available. Boarding passes, booking confirmations, accommodation records and dated photographs show that the couple made the effort to see each other. Even one or two visits during a long separation, properly documented, can carry real weight.

Financial connection

Financial evidence shows that the couple's lives remained connected. Examples include one partner sending money to cover the other's rent, joint bills still being paid from a shared account, continuing joint loans or leases, savings towards a shared goal, and each partner remaining the beneficiary of the other's superannuation or will. The Department's policy refers to combining affairs and naming each other as beneficiaries as evidence of a long-term commitment. Financial support during a separation is a strong indicator that the couple still see themselves as a unit.

The home that is waiting

If the couple kept their shared home during the partner visa temporary separation, evidence that it remained the couple's home is useful. Examples include the lease still in both names, mail still going to both partners at the address, the absent partner's belongings remaining there, and rent or mortgage still being shared. This shows the separation was always intended to end with a return to the same household.

Recognition by family, friends and institutions

Evidence that family and friends continued to treat the couple as a couple during the separation supports the social aspect. Invitations addressed to both, family events attended together during visits, and social media that shows the relationship over time all help. Government and institutional records that continue to list the partner as a spouse or partner also help.

Plans to live together again

Evidence of concrete plans is often what turns an uncertain partner visa temporary separation into an accepted one. Examples include a contract end date, a booked flight home, a transfer request, a new lease in both names, enrolment ending, or a family member's care arrangements being put in place. The Department's policy places the onus on the applicant to show the couple will live together in the future. Concrete plans are the most direct way to meet that onus.

Organising the evidence

Organise the evidence for a partner visa temporary separation in date order, and label each file so the decision maker can see what it shows. A simple timeline at the front of the bundle, showing when the separation began, each visit, key events and the planned reunion, makes the evidence much easier to follow. The partner visa document checklist and the 820 partner visa evidence checklist explain the general evidence picture.

A hypothetical partner visa temporary separation

Consider a hypothetical couple. They have lived together for two years and lodged an onshore application. Six months after lodgement, the applicant's mother becomes seriously ill overseas. The applicant leaves Australia to care for her, intending to return once her treatment ends. The sponsor stays in Australia to keep working and pay the rent on their shared home.

During the five months apart, the couple speak most days by video. The sponsor sends money to cover the applicant's living costs. The sponsor flies over for two weeks and meets the applicant's extended family at the hospital. The lease stays in both names and the applicant's belongings stay in the home. When the mother's condition stabilises, the applicant books a return flight.

This couple can show a partner visa temporary separation with a clear reason, a joint decision, continuous contact, financial support, a visit, recognition by family, a home waiting, and a planned and completed return. Their relationship statement update explains the separation in a few paragraphs, and the documents support each point. A decision maker would be expected to weigh this as a temporary separation consistent with a mutual commitment.

Now consider the same couple with no explanation lodged, no evidence of contact, a lease transferred into the sponsor's sole name, and no clear plan to return. The same facts could look very different. The difference is not the separation. It is the evidence and the explanation.

Practical steps before a planned partner visa temporary separation

If you know a partner visa temporary separation is coming, the most useful thing you can do is prepare for it before it starts. Planning ahead makes the separation easier to explain and easier to evidence, and avoids mistakes that are hard to fix later.

Get advice before either partner moves or travels

Advice before the separation allows you to check whether the move affects the applicant's visa status, whether a change of circumstances must be notified, and how the separation should be explained. It is much easier to plan a partner visa temporary separation properly than to explain an unplanned one after the Department has noticed it. The guide to urgent immigration lawyer advice explains what to gather if the move is imminent.

Keep the shared arrangements in place

Where it is practical, keep the shared home, joint accounts, joint bills and other shared arrangements in place during the separation. Do not close joint accounts or remove a partner from a lease unless there is a good reason, and if there is, record the reason. These arrangements are some of the clearest evidence that the separation is temporary.

Write down the reason and the plan

Write a short note, for the couple's own records, setting out why the separation is happening, who decided, how long it is expected to last and what will happen at the end. Keep documents that support the reason, such as an employment letter or a medical letter about a family member. These records make it much easier to prepare an accurate update later.

Keep records as you go

During the separation, keep travel records, booking confirmations, dated photographs and records of money sent between you. Save a sample of communications each month. Couples often lose evidence because they did not think to keep it at the time. The guide on how to create an ImmiAccount explains how further documents can be uploaded while an application is processed.

Tell the people who matter

Family and friends who know about the separation and the reason for it can later describe it in Form 888 statements. A partner visa temporary separation that friends and family understood and supported is easier to evidence than one that was kept secret.

How long can a partner visa temporary separation last?

There is no maximum length for a partner visa temporary separation. The Department's policy says there is no timeframe in which the couple must live together and that each case is considered on its own facts. What matters is not the number of months, but whether the separation is temporary in nature and whether the relationship continues.

Why length still matters in practice

Although there is no limit, length affects how much evidence is needed. A short partner visa temporary separation with an obvious reason may need only a brief explanation and a few documents. A long separation needs a stronger reason, more evidence of the relationship continuing, and a clearer plan for reunion. The longer the separation, the more the decision maker will look for signs that the couple are still building a shared life rather than drifting apart.

When an open-ended separation becomes a problem

A separation with no end date and no plan can be difficult. If the couple cannot say when or how they will live together again, the decision maker may not be satisfied that the separation is temporary. Where the end date genuinely depends on something outside the couple's control, such as a visa decision or a family member's recovery, say so and show what the couple are doing in the meantime.

Does the timing of a partner visa temporary separation matter?

Yes. The timing of a partner visa temporary separation affects how it is assessed, what must be disclosed and what evidence is needed. A separation before lodgement, during processing, and before the permanent stage each raises different issues.

A separation before or at lodgement

If the couple are apart when the application is lodged, the application must say so accurately. For married couples, the requirement to live together or not live separately and apart on a permanent basis is assessed with the rest of the relationship. For de facto couples, the policy based on SZOXP says not living together at the time of application cannot, on its own, mean paragraph 5CB(2)(c) is not met. However, the decision maker will still assess whether the relationship is genuine and continuing, so a partner visa temporary separation at lodgement should be explained in the relationship statement from the start. The guides to the Subclass 820 visa and the Subclass 820 visa requirements and documents explain what must be shown at the time of application.

De facto couples should also consider the 12-month relationship requirement in regulation 2.03A, which looks at whether the de facto relationship existed for at least 12 months before the application, unless an exception applies. A temporary separation within that period raises questions about whether the relationship continued throughout, and should be addressed carefully. The guide on whether you need 12 months of de facto relationship explains the requirement and its exceptions.

A separation during processing

Partner visa applications can take a long time to decide, and life does not stop while they are processed. A partner visa temporary separation during processing is common. The relationship must still exist at the time of decision, so a separation that arises after lodgement should be explained before the decision is made, not after a refusal.

If the separation involves a change of address, a change in household, or any other change that makes information in the application incorrect, the Migration Act requires the change to be notified. Section 104 requires applicants to notify the Department of changes in circumstances that make an answer in the application incorrect. The guide to Form 1022 change of circumstances explains when and how to do this. Notifying a change together with a short explanation and evidence of the continuing relationship is far better than leaving the decision maker to discover it.

Leaving Australia during an onshore application

Where an onshore applicant leaves Australia during a partner visa temporary separation, the bridging visa position matters. Travel can affect the applicant's status in Australia and their ability to return, so it should be planned before departure, not after. This guide does not cover travel rights in detail. The guides to bridging visas in Australia, Bridging Visa B and Bridging Visa A explain the basic rules, and advice should be obtained before booking flights.

A separation before the permanent stage

The permanent stage is a fresh assessment of the relationship at the time of decision. The Department's policy for the Subclass 801 visa says the applicant must show they continue to meet the definition of spouse or de facto partner, and that the assessment may involve interviewing both partners and examining further documents. A partner visa temporary separation shortly before the permanent stage will be looked at closely, because it is the most recent evidence of the relationship. Couples in this position should update the Department, explain the separation, and provide strong evidence that the relationship continues. The guide to Subclass 820 vs Subclass 801 explains the two stages, and the guide to work rights while waiting for a Subclass 820 visa explains the applicant's status during the wait.

Offshore applicants and sponsors

For offshore Subclass 309 couples, some separation is often built into the process, because the applicant is outside Australia while the sponsor is in Australia. A partner visa temporary separation is then the normal state of the relationship during processing. The officer will focus on how the relationship developed, how often the couple meet, how they communicate and what their plans are once the visa is granted.

Is a partner visa temporary separation the same as a breakdown?

No. A partner visa temporary separation is a period apart within a continuing relationship. A breakdown is the end of the relationship. The difference lies in intention and conduct: whether either partner has decided the relationship is over and has acted on that decision.

Signs the relationship is continuing

A relationship is usually continuing where both partners still describe themselves as a couple, still communicate as partners, still share finances or support each other, still make joint decisions, still plan to live together, and still present themselves to family and friends as a couple. A partner visa temporary separation shows all or most of these signs.

Signs the relationship has ended

A relationship has usually ended where one or both partners have decided it is over and acted on that decision, for example by moving out with no plan to return, starting a new relationship, dividing property, closing joint accounts, or telling family the relationship is finished. The Department's policy notes that separation can occur even while a couple still live at the same address, if they have organised their lives separately and the linkages of the relationship have ceased.

Why honesty matters here

If the relationship has ended, the couple must not present the separation as temporary. That would be false information, with serious consequences under public interest criterion 4020 and possible cancellation risks later. The guide on what happens if the relationship breaks down explains the options. Where the relationship ended because of family violence by the sponsor, the family violence provisions may allow the applicant to continue toward permanent residence. Where the sponsor has died, other provisions may apply.

Separated and reconciled

Some couples separate, genuinely believing the relationship is over, and later reconcile. That is not a partner visa temporary separation in the ordinary sense, because for a period the relationship ended. Whether the application can continue, and how the history should be disclosed, depends on the facts and timing. These situations need careful advice before anything is said to the Department, because the explanation must be accurate and complete.

What if the Department raises concerns about a partner visa temporary separation?

If the Department raises concerns about a partner visa temporary separation, it will usually ask for more information under section 56 or invite comment on adverse information under section 57 before refusing. Both are opportunities to explain the separation and provide the evidence that may have been missing.

Responding to a request for information

A request may ask for evidence of the relationship during the separation, an explanation of the reason, or proof of plans to reunite. Respond fully and within the time given, and organise the evidence clearly. The guide to responding to a section 56 request explains the process.

Responding to a natural justice letter

A section 57 letter may say the decision maker is not satisfied the separation is temporary, or that the evidence suggests the relationship has ended. The response should address each concern directly, explain the reason for the separation, show how the relationship continued, and show the plan or the reunion. The guide to the s57 natural justice letter for a partner visa explains how to respond. A response that only repeats that the relationship is genuine rarely succeeds.

Interviews about a separation

An officer may also call one or both partners to ask about a partner visa temporary separation. Each partner should answer honestly from their own memory. If the explanation in the file is clear and consistent, the interview usually confirms it.

If the visa has already been refused

If a partner visa has been refused because the decision maker was not satisfied the separation was temporary, review may be available at the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. Review deadlines are short and strictly applied, so the decision should be assessed immediately. The guides to partner visa refused appeal options and what to expect at an ART review explain the process, and the partner visa refusals page explains how a refusal is assessed.

What Tribunal decisions show about partner visa temporary separation

Tribunal decisions show that time apart, and the reasons for it, are regularly examined in partner visa reviews, and that separation is assessed in context rather than treated as automatically fatal. The decisions below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision and do not mean any later outcome was a grant.

Separation for work and reconciliation

In Harris (Migration) [2018] AATA 4904, a Subclass 820 matter, the recorded issues were a genuine and continuing relationship, the parties having separated and then reconciled, a new partner visa application, and a long distance relationship due to the applicant's work. In Ryu (Migration) [2026] ARTA 840, also a Subclass 820 matter, the issues included a relationship registered with Births, Deaths and Marriages, the couple having resided together first and then lived separately, and spending time with each other at both homes.

Separation caused by travel restrictions and delays

In Naureen (Migration) [2024] ARTA 468, a Subclass 309 matter, the recorded issues included limited time spent together because of travel restrictions, alongside a sponsorship question. In Nguyen (Migration) [2022] AATA 185, a Subclass 309 matter, the issues included daily communication during COVID-19 travel restrictions and the nature of the commitment. In Ahmed (Migration) [2024] AATA 2096, a Subclass 309 matter, the issues included a traditional marriage arranged by parents and registered in the home country, and a delay in processing the visa leading to a long and difficult separation.

Commitment despite physical separation

In 1717900 (Migration) [2019] AATA 6644, a Subclass 309 matter, the recorded issues included the requisite level of commitment at the time of the visa application and a high level of companionship and emotional support despite physical separation. In 1819561 (Migration) [2022] AATA 2356, the issues included a lesser level of face-to-face contact because the parties lived in separate countries, and a medical condition affecting the sponsor. In Lin (Migration) [2020] AATA 5356, a Subclass 820 matter decided in a Schedule 3 context, the issues included a temporary physical separation from an Australian citizen partner and child. Together, these decisions show why a partner visa temporary separation must be explained with its reasons and supported with evidence of companionship, support and contact. A visa appeal lawyer can assess whether a refusal on this ground is worth taking further.

How My Migration Lawyers helps with a partner visa temporary separation

My Migration Lawyers helps couples with a partner visa temporary separation by assessing whether the separation is likely to be accepted as temporary, identifying the evidence that shows the relationship continues, and making sure the separation is disclosed and explained accurately in the application, any update to the Department, and any response to concerns. The firm acts in many partner visa matters involving time apart for work, family, study and visa reasons, and it regularly handles complex cases where a separation overlaps with processing delays, the permanent stage or a prior refusal.

What the firm does

First, the firm takes instructions from both partners on the history of the relationship and the separation: when it started, why, how the couple stayed connected and what the plan is. Second, it checks the application forms, Form 80 and any earlier statements to make sure the separation is described consistently, and advises whether a change of circumstances must be notified. Third, it reviews the evidence the couple already have and explains what further evidence is realistically available, such as visit records, financial transfers, lease documents and plans to reunite. Fourth, it reviews the couple's own relationship statement update and the Form 888 statements for gaps and inconsistencies, and the couple correct and confirm their own accounts. Fifth, it organises the evidence into a clear timeline for the decision maker. Where the Department has raised concerns, it prepares the response to a section 56 request or section 57 letter. Where a visa has been refused, it reviews the decision record and acts quickly because the review deadline is short.

The firm also advises on issues that often sit alongside a partner visa temporary separation, including travel on a bridging visa, Schedule 3 waivers, sponsorship limitations and situations involving LGBTI couples who cannot live openly together in a home country.

When couples come to the firm

Some couples come before a planned separation, to understand how to protect the application before one partner leaves. Some come after a separation has already happened during processing. Some lodged their own application and want it checked, which is covered in the guide to hiring an immigration lawyer after lodging your own application. Some want a second opinion from an immigration lawyer on advice received elsewhere. Others come after a refusal, including couples considering a partner visa after a visa refusal. Where the firm is appointed, it lodges Form 956 so the Department corresponds with the firm. The guide to booking an immigration lawyer consultation explains the first meeting, and the guide on when you need an immigration lawyer for a partner visa explains the role.

Who acts for you

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. The firm is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the main partner visa lawyers page. The firm acts for couples Australia-wide with consultations by video, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read about choosing the best partner visa lawyer in Australia and what a partner visa lawyer does.

Book a consultation about your partner visa temporary separation

If you are planning time apart, are already living apart, or have received a letter from the Department about a partner visa temporary separation, get advice before you act. Book a Consultation with My Migration Lawyers to have your situation and evidence reviewed. You can also call 1300 040 300.