Can a Lawyer Help Couples Who Have Never Lived Together Get a Partner Visa?

Can couples who have never lived together get a partner visa?

Couples who have never lived together can get a partner visa where they are married, or where the applicant is outside Australia and the couple qualify for the Subclass 300 prospective marriage visa. The law asks whether the couple live together or do not live apart on a permanent basis, and couples kept apart by visas, distance, work or faith may still meet that test if they are married. Our article on a partner visa long-distance relationship explains how decision makers approach time apart.

Why do de facto applications struggle when the couple never lived together?

De facto applications struggle when the couple never lived together because a de facto relationship generally involves a shared life together, and the Department looks for a household as part of that. Without a shared home, the couple must show a de facto relationship through other means for 12 months, which is rarely achievable. Our article on partner visa intermittent cohabitation explains how short periods together are viewed.

What does a lawyer do first for a couple who have never lived together?

A lawyer first establishes why the couple have not lived together and what their relationship looks like in fact, because the reason shapes the visa choice and the evidence. A couple apart because of visa restrictions is in a different position from a couple whose faith requires marriage first, or one partner's work requires long periods away. The lawyer then recommends marriage, the Subclass 300 visa or waiting, and explains the risks of each.

What evidence replaces household evidence?

Evidence that replaces household evidence focuses on commitment and contact: wedding or engagement plans, regular communication, visits and shared travel, financial support, involvement of each partner's family and concrete plans to set up a home in Australia. The relationship statement explains why the couple have not lived together and what they will do once the visa allows it. Our article on partner visa commitment evidence and our article on future plans in a relationship statement explain what to include.

Will the Department interview a couple who have never lived together?

The Department may interview a couple who have never lived together, particularly where the relationship is short or the evidence is limited, and each partner may be asked the same questions separately. Consistent knowledge of each other's lives, families and plans matters more than polished answers. Our article on partner visa interview questions explains the topics often covered.

How does My Migration Lawyers help couples who have never lived together?

My Migration Lawyers helps couples who have never lived together by refusing to force the relationship into the de facto category when the facts do not support it, and by choosing the basis that does. The firm checks the validity of any marriage, prepares evidence that shows commitment without a shared address, and prepares both partners for the questions the Department is likely to ask. Couples can raise their situation with our partner visa lawyers.