What Does Genuine and Continuing Relationship Mean for a Partner Visa?

What does genuine and continuing relationship mean for a partner visa?

A genuine and continuing relationship for a partner visa is a real relationship between two people who intend to remain together, and which still exists when the decision is made. "Genuine" asks whether the relationship is what it appears to be, rather than an arrangement for a visa. "Continuing" asks whether it is ongoing rather than ended or merely planned. Our guide to partner visa relationship evidence explains how both are proved.

Where does the genuine and continuing test come from?

The genuine and continuing test comes from the definitions in the Migration Act. Section 5F defines when two people are in a married relationship, and section 5CB defines a de facto relationship. Each requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that the couple live together or do not live apart on a permanent basis. Our article on partner visa requirements sets these out alongside the other criteria.

How does the Department decide if a relationship is genuine and continuing?

The Department decides whether a relationship is genuine and continuing by considering all the circumstances, including the four aspects listed in the regulations: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. No single factor decides the case. Our article on the partner visa four pillars of evidence explains how the four aspects are weighed together.

What can make the Department doubt a relationship?

The Department may doubt a relationship where the couple met recently, married quickly, has a large age gap, shows little time living together, gives inconsistent accounts, or where the sponsor or applicant has a history of partner visa applications. None of these makes a relationship non-genuine, but each calls for stronger evidence and a clear explanation. Our articles on non-genuine relationship refusals and age gap relationships explain how these concerns are handled.

Does time apart mean the relationship is not continuing?

Time apart does not mean a relationship is not continuing, provided the couple does not live apart on a permanent basis and stays committed during the separation. Work, study, family obligations and visa rules often keep couples apart. The evidence should show contact, visits and plans to reunite. Our article on living apart for work explains how these periods are presented.

Why does the test matter again at the permanent stage?

The genuine and continuing test matters again at the permanent stage because the Department reassesses the relationship before granting the permanent visa, generally about two years after lodgement. A relationship that has ended may still allow permanent residence in limited cases, such as family violence. Our article on partner visa relationship breakdown and our family violence page explain these exceptions.

How does My Migration Lawyers prove a relationship is genuine and continuing?

My Migration Lawyers identifies the features of each relationship that a case officer is likely to question, then builds the evidence and the relationship statement to answer those questions before they are asked. The firm presents the evidence across the four aspects and plans updates through to the permanent stage, so the relationship is shown as continuing at every decision point. Couples who expect their relationship to be questioned can raise it early with our partner visa lawyers.