When Love Requires Legal Certainty

Every February, we receive similar enquiries.

“We’ve been long-distance for three years. Is it time to apply for a partner visa?”“We haven’t lived together for 12 months yet, but our relationship is genuine. Can we still apply?”“I currently hold a 491 visa. Does that affect our partner visa options?”

Behind these questions is often the same reality — prolonged separation, uncertainty about visa status, and the stress of planning a shared future across borders.

Flowers fade. Holidays pass.But migration status and family stability are long-term matters.

For Australian citizens and permanent residents, a partner visa is not simply a romantic gesture. It is a structured legal pathway that determines whether a relationship can continue with stability under Australian law.

At Riverwood Migration , we have assisted many couples through the partner visa process. We have also seen cases where insufficient preparation, misunderstanding of legal requirements, or inadequate risk assessment resulted in refusal or appeal proceedings.

The partner visa framework is well established within Australia’s migration system. However, a stable legislative structure does not mean the assessment is lenient.

01 The Position of Partner Visas Within Australia’s Migration Framework

Unlike skilled migration, partner visas are not points-tested. They do not depend on occupation lists, state nomination, or labour market demand. Their legal foundation lies in the principle of family reunion.

Under the Migration Act and Regulations, if a relationship is genuine and continuing, and all statutory criteria are satisfied, family migration is a recognised pathway.

The legislative structure of partner visas has remained largely consistent for many years. However, intake levels, processing priorities and internal policy guidance may shift depending on annual migration planning levels and caseload volumes.

Accordingly, “relative stability” refers to the legal framework, not to guaranteed outcomes.

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02Current Legal Structure of Partner Visas

The partner visa continues to operate as a two-stage process.

For applicants outside Australia at the time of application, the pathway is Subclass 309 (temporary) followed by Subclass 100 (permanent).

For applicants in Australia at the time of application, the pathway is Subclass 820 (temporary) followed by Subclass 801 (permanent).

In both streams, the second stage is generally assessed approximately two years after the initial application. This timeframe reflects the legislative design of the visa program. Actual processing times may vary depending on individual circumstances, evidentiary complexity, and overall departmental workload.

In certain circumstances, such as where the relationship has existed for at least three years, or at least two years with a dependent child, the applicant may be eligible for direct grant of the permanent stage. Whether this applies depends on the totality of evidence and the specific facts of the case.

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03The Department Assesses Evidence, Not Emotion

Applicants often say, “Our relationship is real. That should be enough.”

From a legal perspective, however, the Department assesses whether the relationship is genuine and continuing based on evidence.

In practice, relationship evidence is generally structured around four core aspects:

Financial interdependenceNature of the householdSocial recognition of the relationshipMutual commitment to a shared life

Decision-makers consider the overall evidentiary picture. Increasingly, they examine the logical consistency of the relationship timeline — when the parties met, when the relationship was established, periods of separation, and whether any inconsistencies exist.

If documentation lacks clarity or internal consistency, this may raise concerns requiring further scrutiny.

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04Where the Relationship Has Not Reached 12 Months of Cohabitation

For de facto relationships, the general requirement is at least 12 months of living together prior to application.

In some states and territories, formal registration of a relationship may remove the 12-month requirement. However, even where a relationship is registered, the Department will still assess the totality of evidence to determine whether the relationship is genuine and continuing. Registration alone is not determinative.

In limited circumstances, such as where there is a dependent child or other compelling factors, alternative legal arguments may be available. These require careful assessment.

05Long-Distance Relationships

Australian migration law does not prohibit long-distance relationships.

However, in such cases, the Department may place greater weight on evidence demonstrating continuity, such as communication records, travel history, financial support, and long-term plans.

Physical separation does not in itself result in refusal. The key issue is whether there is credible and coherent evidence explaining the circumstances and supporting the ongoing nature of the relationship.

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06Sponsorship Limitations

Sponsors are generally limited to sponsoring a maximum of two partners in their lifetime, with a statutory five-year interval between sponsorships.

Where a sponsor previously obtained permanent residency through a partner visa, additional time restrictions typically apply before they may sponsor another partner.

In limited cases involving compelling and exceptional circumstances, waiver provisions may be available. However, such situations are not routine and require strong supporting justification.

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07Impact of Certain Visa Histories

Applicants who currently hold, or previously held, visas such as Subclass 491 or 494 may be subject to additional legislative considerations affecting visa options.

Applicants lodging onshore without holding a substantive visa may be subject to Schedule 3 criteria, which impose additional legal requirements.

These matters are not necessarily prohibitive, but they require structured legal analysis prior to lodgement.

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08Why Some Applications Are Refused

Many refusals are not based on a finding that the relationship does not exist. Rather, they stem from weaknesses in evidentiary presentation or failure to proactively address potential concerns.

Decision-makers are required to assess the application against legislative criteria. They are not responsible for filling gaps in an applicant’s narrative.

Where material inconsistencies or insufficient explanation remain unresolved, this may lead to requests for further information, delays, or adverse outcomes.

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09Love May Be Emotional. Applications Must Be Legal.

The partner visa pathway remains one of the most established family migration streams in Australia. However, each application must be supported by a structured evidentiary framework and careful legal assessment.

Timing of applicationEligibility for direct permanent grantSponsorship limitationsVisa history implicationsPotential legislative barriers

These factors determine whether risk is controlled before lodgement.

At Riverwood Migration , our role extends beyond form completion. We assess the legal structure of each case, identify risks, and develop an evidence strategy prior to submission.

Reunion deserves thoughtful planning, not assumption.

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Disclaimer

This article is intended for general informational purposes only and does not constitute legal advice. Eligibility requirements, legislative interpretation and risk assessments must be determined based on the migration law and policy in effect at the time of application, and in consideration of individual circumstances.

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