After lodging a partner visa application, the waiting period for processing can be relatively lengthy. During this time, due to work, family, or other objective reasons, some applicants may face a period of living apart from their partner. Whether this situation affects the visa outcome is a question we are frequently asked.
1. Living Together is One of the Core Criteria for Partner Visa Assessment
Whether it is the onshore 820/801 or offshore 309/100, the Department of Home Affairs places significant weight on whether the applicant and sponsor live together when assessing if the relationship is genuine and continuing. Simply put, the Department wants to see a genuine, ongoing family relationship, and living together is the most direct reflection of that.
Therefore, if circumstances allow, our advice is always: if you can live together, do so. This not only helps stabilise the relationship itself but also makes the processing smoother.
2. A Real Case Example
In a recent case we handled, the applicant and sponsor lived apart for nearly a year during the processing period. The Department subsequently issued a request for further information, asking for updated evidence of the relationship. After submitting additional materials twice, the case was only approved after the couple had resumed living together for about two months.
This case illustrates that separation itself does not necessarily lead to refusal, but it does increase the complexity of the assessment and may extend processing time. The Department has the right to request further evidence to prove that the relationship remains genuine and continuing.
3. Understandable Circumstances for Separation
In real life, some separations are objective and unavoidable. Common situations include:
Working away long-term due to job requirements, such as in mining, construction sites, long-distance transport, etc. These occupations inherently require long periods away from home. As long as you can explain the situation and provide relevant employment contracts or assignment letters, the Department is generally understanding.
Separation due to family emergencies, such as a family member falling ill in the home country, or needing to care for elderly relatives or children. As long as there is a reasonable explanation and supporting records of communication, this can be accepted.
During the offshore 309 application process, where the sponsor or applicant temporarily stays in the home country while awaiting the outcome. This is a common arrangement for this visa category and is well understood by the Department.
However, regardless of the situation, the key is: there must be a clear reason for the separation, and the relationship must be continuously maintained, not paused or broken.
4. Recommended Evidence to Keep During Separation
First, maintain records of communication between the couple, such as WeChat chat logs, video call screenshots, etc., as evidence of the ongoing relationship.
Second, arrange regular visits where possible, and keep corresponding flight tickets, entry/exit records, and photos.
Third, maintain shared financial arrangements, such as joint account activity and shared bills, without interruption.
5. Proactive Notification Is Better Than Reactive Response
If during the processing period there is a significant change in the applicant's or sponsor's life circumstances – such as moving, separation, changes in relationship status, etc. – we recommend informing your migration agent as early as possible, so that they can assess the situation in time and prepare the relevant explanatory materials.
Compared to waiting for the Department to issue a request for further information before explaining, proactive notification and early preparation can make the entire process more manageable and help avoid unnecessary delays.
