Do I Need to Live in Australia After My Partner Visa Is Granted?

Can I live overseas while I hold a temporary partner visa?

A temporary partner visa holder can travel overseas, but living overseas for long periods before the permanent stage is decided carries real risk. At the Subclass 801 or Subclass 100 stage, the Department checks that the couple is still in a genuine and continuing relationship and that they live together or do not live apart on a permanent basis. Long time overseas, especially apart from the sponsor, needs evidence and explanation. A Subclass 820 holder who is outside Australia when the Subclass 801 is ready for decision should also take advice on timing. Offshore Subclass 309 holders are in a similar position, and our page on the Subclass 309 visa explains how the offshore pathway leads to the Subclass 100. Our article on the temporary partner visa explains the first stage.

What if we both move overseas together before the permanent stage?

A couple who moves overseas together before the permanent stage can still continue the relationship, and the Department does not refuse the permanent visa simply because the couple lives abroad. The couple still needs to provide evidence of the relationship over the whole period and must respond to any request promptly. Practical issues, such as access to Australian documents and the timing of the decision, also need planning. Our article on the permanent partner visa explains what the Department assesses at that stage.

What if we live apart for work after the partner visa is granted?

Living apart for work after a partner visa is granted can be accepted where the separation is temporary and the couple keeps a shared life through contact, visits and financial support. The Department looks at the reasons for the separation and the evidence that the couple intends to live together again. Our article on living apart for work explains how to document these arrangements.

Do I need to live in Australia after the permanent partner visa is granted?

A permanent partner visa holder does not need to live in Australia to keep the visa, but the travel facility on a permanent visa generally lasts five years from grant. After that, a holder who is outside Australia needs a Resident Return Visa or another visa to return as a permanent resident. Time spent in Australia also matters for a later Resident Return Visa application. Our article on partner visa overseas travel explains how travel affects each stage.

How does time overseas affect Australian citizenship?

Time overseas affects Australian citizenship because citizenship by conferral has residence requirements, including limits on time spent outside Australia. A partner visa holder who plans to become a citizen should keep records of travel and plan longer absences carefully. Our article on the partner visa citizenship pathway explains how the partner visa leads to citizenship.

How does My Migration Lawyers advise couples planning time overseas?

My Migration Lawyers looks at the stage the partner visa has reached, the couple's travel plans and the evidence they will be able to keep while away, then advises whether an absence is likely to cause a problem at the permanent stage, for a Resident Return Visa or for citizenship. Where a long absence is unavoidable, the firm helps the couple record the reasons and their ongoing commitment. Couples can speak with our partner visa lawyers before they leave.