Do We Need Wills Naming Each Other for a Partner Visa?

Do we need wills naming each other for a partner visa?

Wills naming each other are not needed for a partner visa, and no couple is refused simply because they have not made one. Many young couples, and many people from countries where wills are uncommon, never make a will. The Department looks at the overall relationship, and a will is just one optional piece of commitment evidence. Our article on partner visa commitment evidence explains the other ways commitment is shown.

Why can a will help a partner visa application?

A will can help a partner visa application because it shows that each partner has planned for the other's future, which goes to whether the couple sees the relationship as long-term. A will made some time ago and updated after the relationship began is more persuasive than one signed in the week before lodgement. Our guide to the nature of commitment explains this aspect of the assessment.

What similar documents show the same commitment?

Similar documents that show the same commitment include superannuation death benefit nominations, life insurance policies naming the partner as beneficiary, powers of attorney and medical decision-making appointments, and the partner listed as next of kin with an employer, hospital or bank. These documents also connect with the financial side of the relationship. Our article on partner visa financial evidence shows how they are presented with joint accounts and shared assets.

Should we make wills just before applying?

Making wills just before applying is not wrong, and a couple who would make wills anyway can sensibly do so. The Department will see the date, however, and will give a recent will limited weight on its own. A will is most useful when it fits a wider pattern of shared plans and combined affairs over time. Couples should not rely on new documents to fill gaps that are really about time together or living arrangements, as our article on how much evidence a partner visa needs explains.

How should a will be presented as partner visa evidence?

A will should be presented as partner visa evidence by providing a copy of the relevant pages, showing the date it was signed and the clause naming the partner. Private financial details that have no bearing on the relationship can be explained rather than set out in full. The relationship statement can mention the will in the part describing the couple's plans for the future, as our article on partner visa future plans suggests.

Does a will matter at the permanent stage?

A will can matter at the permanent stage, when the Department assesses whether the relationship is still genuine and continuing, usually about two years after lodgement. By then, a will or beneficiary nomination made during processing shows the relationship has developed. Our article on partner visa second stage documents lists the evidence that is commonly provided at that point.

How does My Migration Lawyers use wills and nominations as evidence?

My Migration Lawyers reviews whether the couple already has wills, superannuation nominations or insurance arrangements, and places any that name the partner in the commitment and financial sections of the evidence. The firm advises whether such documents are worth arranging in the couple's circumstances, without suggesting paperwork that does not reflect how the couple actually lives. Couples weighing whether to make wills or nominations can ask our partner visa lawyers how those documents fit their application.