We Live in Different Countries Because of Work. Can a Lawyer Help With Our Partner Visa?

Can we get a partner visa if we live in different countries for work?

A couple who live in different countries for work can get a partner visa if the relationship is genuine and continuing and the couple are not living apart on a permanent basis. Section 5CB of the Migration Act does not require a de facto couple to live together at every moment. It requires that any time apart is temporary. A posting, a contract or a rotation overseas is a common reason for temporary separation. Our article on partner visas when living apart for work explains how the Department looks at these arrangements.

How does the Department judge whether living apart for work is temporary?

The Department judges whether living apart for work is temporary by looking at why the couple separated, how long the separation is expected to last and what the couple has done to stay together in practice. Visits, regular contact, shared finances, a plan to reunite and a home base to return to all point towards a temporary separation. Open-ended separation with no plan can suggest the opposite. Our article on long-distance relationships covers the evidence that carries most weight.

Does time apart for work count towards the 12-month de facto period?

Time apart for work can count towards the 12-month de facto period, provided the de facto relationship already existed and continued during the separation. The 12 months measures the relationship, not only the days spent under one roof. A couple who had not yet formed a de facto relationship before one of them moved for work may find the period has not started. Our article on the de facto 12-month rule explains when it begins.

What evidence helps when a couple lives apart for work?

The evidence that helps when a couple lives apart for work includes employment contracts or letters showing the posting, travel records of visits, money sent between the partners, shared bills or a property one of them keeps, and records of daily communication. The relationship statement should explain the work arrangement and the plan to live together again. Our guide to partner visa financial evidence covers money transfers and shared costs.

Which partner visa applies when one partner works overseas?

The partner visa that applies when one partner works overseas depends on where the applicant is at lodgement. An applicant outside Australia applies for the Subclass 309 visa, and the Subclass 309 is generally granted while the applicant is outside Australia. An applicant in Australia with a suitable visa may apply for the Subclass 820, which requires the applicant to be in Australia at lodgement and grant.

How does My Migration Lawyers prepare a partner visa for couples separated by work?

My Migration Lawyers prepares a partner visa for couples separated by work by building a timeline that shows when the relationship formed, why each period apart happened and how the couple stayed connected. The firm explains the work arrangement in plain terms so a case officer does not mistake a posting for a breakdown, and advises on the timing of lodgement around travel. Couples can speak with our partner visa lawyers about their arrangement.