Can a Lawyer Help Couples With a Large Age Gap Get a Partner Visa?

Does a large age gap stop you getting a partner visa?

A large age gap does not stop a couple getting a partner visa, because no rule in the Migration Act or the Migration Regulations limits the age difference between partners. The legal test is the same for every couple: a genuine and continuing relationship, a mutual commitment to a shared life to the exclusion of all others, and living together or not living apart on a permanent basis. Our article on the partner visa age gap explains how the Department approaches these cases.

Why does the Department look more closely at age gap relationships?

The Department looks more closely at age gap relationships because case officers are trained to identify relationships entered into mainly to obtain a visa, and a significant age difference is one feature that can lead to further questions. Closer scrutiny is not a finding against the couple. It means the evidence must answer the obvious questions directly, such as how the relationship began, why it works for both partners and what plans they share. Our page on partner visa approval tips sets out what case officers look for.

What evidence helps an age gap couple prove their relationship?

The evidence that helps an age gap couple most is evidence of a shared daily life across the four aspects the Department assesses. That includes joint finances or shared expenses, a shared household, friends and family who know the couple as partners, and plans for the future. The relationship statement should explain the age difference honestly rather than avoid it. Our guide on partner visa relationship evidence and our article on the partner visa four pillars of evidence explain how each aspect is shown.

Do family attitudes to the age gap matter?

Family attitudes to an age gap matter only as evidence of the social aspects of the relationship, and family disapproval does not by itself mean the relationship is not genuine. Some couples have families who do not support the relationship, often for cultural reasons connected with age. The application should explain this openly and rely on other social evidence, such as friends who make Form 888 statements. Our article on a partner visa without family support covers how to approach this.

What other issues often arise in age gap partner visa cases?

Other issues that often arise in age gap partner visa cases include a short relationship before lodgement, a previous sponsorship by the older partner, previous relationships with children, and different stages of life in work and finances. Each issue needs its own evidence and explanation. Where the sponsor has sponsored a partner before, the limits in regulation 1.20J may apply, which our page on partner visa sponsorship limitations explains.

How does My Migration Lawyers prepare an age gap partner visa?

My Migration Lawyers prepares an age gap partner visa by identifying, before lodgement, the questions a case officer is likely to ask and then building the evidence and the relationship statement to answer them in the couple's own words. The firm checks the sponsor's history, plans the Form 888 statements and makes sure both partners' accounts of the relationship match. Couples can learn how the firm works with partner visa lawyers on fixed fees agreed before work starts.