Can My Partner and I Travel Overseas Separately During Processing?
Key points
- A Bridging visa A ends when the holder leaves Australia, so a Bridging visa B is generally needed to travel and return.
- The Subclass 820 applicant must be in Australia when the visa is granted.
- The Subclass 309 is generally granted while the applicant is outside Australia.
- De facto partners must not be living apart on a permanent basis, but temporary separation is not permanent separation.
Does travelling separately affect our relationship assessment?
Travelling separately does not, by itself, affect a partner visa relationship assessment, because the law requires that the couple do not live apart on a permanent basis, not that they are always together. Trips to visit family, work assignments and separate holidays are part of ordinary married and de facto life. Long or repeated absences should be explained, and the couple should keep evidence of contact while apart, such as messages, calls and money transfers. Our article on partners living apart for work explains how time apart is assessed.
Can an onshore Subclass 820 applicant travel alone?
An onshore Subclass 820 applicant can travel alone, but a Bridging visa A ceases when the holder leaves Australia. To return on the same bridging arrangement, the applicant generally needs a Bridging visa B granted before departure. Leaving on a Bridging visa A without a Bridging visa B can leave the applicant unable to return while the application is processed. Our article on the partner visa Bridging visa B explains how to apply, and our guide to partner visa overseas travel covers wider travel risks.
Can the sponsor travel overseas without the applicant?
The sponsor can travel overseas without the applicant, because the sponsor's own Australian citizenship or permanent residence is not affected by the partner visa application. The sponsor should keep in contact with the applicant and remain reachable if the Department asks for information. A sponsor who plans to live overseas for a long period should get advice first, as that can raise questions about where the couple intends to live and whether the relationship continues as before.
Where must the applicant be when the partner visa is granted?
The applicant's location at grant depends on the subclass. The Subclass 820 applicant must be in Australia at grant, and the Subclass 309 is generally granted while the applicant is outside Australia. A Subclass 309 applicant who visits Australia during processing should be ready to leave if a decision is near. Our page on the Subclass 309 visa explains the offshore rules.
Do we need to tell the Department about separate travel?
A couple does not generally need to tell the Department about ordinary separate travel, but they must tell it about a change in circumstances, such as a new address or a change in the relationship. Where travel leads to a long separation, a short explanation uploaded to the application can prevent misunderstanding. Our article on partner visa changes of circumstances explains when notification is required.
How does My Migration Lawyers plan travel around a pending partner visa?
My Migration Lawyers checks the applicant's current bridging visa and its conditions, applies for a Bridging visa B where needed, and plans travel dates against the likely stage of processing so the applicant is in the correct place if a grant decision arrives. The firm also advises on what evidence of contact to keep while the couple is apart. Couples can raise their travel plans with our partner visa lawyers before booking flights.
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