How Can We Challenge a Refusal Based on Living Apart?

Why do partner visas get refused for living apart?

Partner visas get refused for living apart when the Department concludes that the separation was permanent or that it shows the relationship is not genuine and continuing. This often happens where the reasons for the time apart were not explained, or where little evidence of contact and shared plans was provided. Our article on why partner visas get refused explains this and other common reasons.

What reasons for living apart does the Tribunal accept?

The Tribunal commonly accepts reasons for living apart such as work or study in another city or country, visa restrictions that prevented the couple from being together, caring for a family member, and cultural or religious reasons for not living together before marriage. The reason must be genuine and supported by evidence. Our article on living apart for work explains how this is presented.

What evidence shows the relationship continued while we were apart?

The evidence that shows the relationship continued while apart includes regular messages and calls over time, visits and travel records, money sent between the partners, shared financial commitments that continued, and plans to reunite. Statements from people who knew the couple during the period also help. The evidence should cover the whole period apart, not only its start and end, so the Tribunal can see that contact was steady. Our article on the partner visa long-distance relationship explains how time apart is evidenced.

Does living together now help the review?

Living together now helps the review, because the Tribunal assesses the genuine and continuing relationship at the time of its decision. Evidence of the shared household since the refusal, such as a joint lease and bills, can show that the time apart was temporary. Our article on partner visa household evidence explains what this evidence includes.

What if we lived apart during the 12 months before a de facto application?

Where a de facto couple lived apart during the 12 months before applying, the question is whether the relationship existed throughout, not whether they shared a home every day. Time apart for genuine reasons does not by itself break the 12 months. Our article on intermittent cohabitation explains how periods apart are assessed.

What if our cultural or religious beliefs stopped us living together?

Where cultural or religious beliefs stopped a couple living together, the Tribunal can accept that explanation if it is genuine and supported, for example by statements from family or religious leaders. Married couples who follow such customs should explain them in the review. Our article on partner visa cultural differences explains how these circumstances are presented.

How does My Migration Lawyers challenge a living apart refusal?

My Migration Lawyers challenges a living apart refusal by building a timeline that shows each period apart, the reason for it and the contact that continued, then pairing every entry with documents. The firm prepares the couple to explain the separation consistently at the hearing and links the evidence to the statutory test in a written submission to the Tribunal. Couples can read how the firm handles partner visa refusals or speak with our partner visa lawyers.