Can We Get a Partner Visa in a Long-Distance Relationship?
Key points
- A married or de facto couple must live together or not live apart on a permanent basis (sections 5F and 5CB of the Migration Act).
- A de facto relationship must generally have existed for 12 months immediately before the application, unless it is registered or another exception applies (regulation 2.03A).
- The Subclass 309 is generally granted while the applicant is outside Australia.
Can a long-distance couple meet the partner visa requirements?
A long-distance couple can meet the partner visa requirements where the time apart is temporary and the couple have a genuine commitment to a shared life together. The law asks whether the couple live apart on a permanent basis, not whether they currently live in the same country. Distance caused by visa restrictions, work or study does not end a relationship that both partners intend to continue. Our article on a partner visa long-distance relationship explains how decision makers view time apart.
Is a long-distance de facto relationship enough for a partner visa?
A long-distance de facto relationship is enough for a partner visa only where the couple can show a shared life together, usually including a real period of living together, and the 12-month de facto requirement is met. Couples who have only ever had a long-distance relationship usually find the de facto definition difficult to meet. Our article on de facto relationships and the 12-month rule explains why, and marriage or the Subclass 300 may be a better route.
Which partner visa suits a long-distance couple?
The partner visa that usually suits a long-distance couple is the offshore Subclass 309 visa where the couple are married or meet the de facto requirements, or the Subclass 300 prospective marriage visa where the couple have met in person and intend to marry. The application is lodged online while the applicant is outside Australia, and the Australian sponsor supports it from Australia. Our guide to the offshore partner visa compares the options.
What evidence helps a long-distance partner visa?
The evidence that helps a long-distance partner visa shows regular contact over time, visits and travel together, financial support, involvement of each partner's family and clear plans to live together in Australia. Travel records and boarding passes confirm time spent together, and messages and call logs show how the relationship continued between visits. Our article on partner visa photo evidence and our guide to partner visa evidence of a genuine relationship explain how to organise it.
Does living apart during processing affect the application?
Living apart during processing does not, by itself, affect an offshore partner visa application, because the Department expects many offshore couples to be apart while the application is assessed. The couple should continue to keep in contact, visit where possible and keep records. Long gaps with little contact, or signs that the relationship has cooled, can raise questions, so the evidence should be updated during processing. Any visit to Australia by the applicant while the application is processing should be planned with the visa conditions in mind.
How does My Migration Lawyers help couples in long-distance relationships?
My Migration Lawyers helps couples in long-distance relationships by choosing the subclass that matches the couple's real history, then turning years of calls, visits and transfers into a clear chronology the Department can follow. The firm works with the sponsor in Australia and the partner overseas by video and email, across time zones, and keeps both informed until the decision. Couples can discuss their options with our partner visa lawyers.
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