This is one of the questions that comes up most often in the program: what does a case officer in a Partner visa application actually look at, and what evidence “must” be provided? Negin Safaei, Australian migration lawyer and registered migration agent with MARA (registration number 1791573), walks through the legal framework for assessing a relationship step by step, exactly as it is set out in the Australian migration regulations. The key point is this: the relationship assessment is not a “mandatory document checklist” — it is a holistic assessment of all the circumstances of the relationship.
The Short Answer
Under Regulation 1.15A (spouse) and Regulation 1.09A (de facto partner) of the Migration Regulations 1994, the Department of Home Affairs considers “all of the circumstances of the relationship” across four areas: the financial aspects, the nature of the household (living arrangements), the social aspects, and the nature of the parties’ commitment to each other. No single document — a joint bank account, a joint lease, or utility bills in both names — is legally mandatory; the absence of any one of them can be addressed with an explanation and alternative evidence. In addition, a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and the fact that the parties are not “living separately and apart on a permanent basis” must all be established, and for de facto applicants a 12-month relationship is generally required.
What the Law Says
The test for assessing a relationship under Australian migration law is clear and can be cited directly:
- Definition of spouse — section 5F of the Migration Act 1958: two people are the spouse of each other if there is a valid marriage between them and — subject to the conditions prescribed in the Regulations — they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis.
- Definition of de facto partner — section 5CB of the Migration Act 1958: the same three substantive requirements (mutual commitment to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis), plus the requirement that the two people are not related by family in a prohibited way.
- The assessment criteria — Regulation 1.15A and Regulation 1.09A of the Migration Regulations 1994: the decision-maker is required to consider “all of the circumstances of the relationship”, including — but not limited to — the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other.
- The 12-month requirement for de facto partners — Regulation 2.03A: for de facto applicants, the relationship must generally have existed for at least 12 months immediately before the date the application is lodged. This requirement is waived where the relationship is registered with the relevant registry of an eligible State or Territory, or in the exceptional and compelling circumstances contemplated by the Regulations.
Let us set aside two common misconceptions here and now. First, the statements “you must have a joint bank account”, “a joint lease is mandatory” and “bills must be in both names” appear nowhere in the legislation. These are strong pieces of evidence, not legal requirements. Second, for legally married couples, cohabitation is not an absolute requirement; the law adopts the test of not “living separately and apart on a permanent basis”, and temporary separations — for work, study, medical treatment or visa restrictions — are acceptable where they are explained and documented. What damages an application is not the existence of a gap in cohabitation; it is leaving that gap unexplained.
The Four Assessment Areas and Alternative Evidence for Each
| Assessment area (Reg 1.15A / 1.09A) | What the case officer looks at | Alternative evidence if you do not have the usual documents |
|---|---|---|
| Financial aspects | The extent to which financial resources are pooled, particularly in relation to major financial commitments; whether either party has any legal obligation in respect of the other; how day-to-day household expenses are shared | A history of transfers between the parties, payments made on each other’s behalf, a loan agreement or joint purchase, naming your partner as a beneficiary of superannuation or life insurance |
| Nature of the household | Living arrangements, the division of household chores and responsibility for the care of children, the extent of sharing in the use of a common residence | Bills and statements sent to a shared address, official mail directed to the one address, statutory declarations from a housemate or landlord, written confirmation of address from a bank or insurer |
| Social aspects | How the relationship is regarded by friends and acquaintances; the basis of joint social and recreational activities; attending family and social gatherings together | Statutory declarations from witnesses (Form 888), photographs and correspondence from events, joint invitations and tickets, ongoing messages and calls |
| Nature of the commitment | The duration of the relationship, the length of time living together, the degree of companionship and emotional support, and whether the parties see the relationship as long-term | Detailed personal statements from both parties covering how you met, the decision to live together and your plans for the future; a will; a medical or financial power of attorney |
Alongside these four areas, three practical obligations also form part of a standard application:
- The official forms: a Partner visa application is supported by Form 47SP (applicant), Form 40SP (sponsor) and Form 888 (statutory declarations from supporting witnesses).
- Notifying changes: any change in your personal circumstances or your relationship — from a change of address and the birth of a child to a separation or the end of the relationship — must be notified to the Department through ImmiAccount.
- The legal risk of fabricated evidence: providing a false document or false information can engage the public interest criterion dealing with false information and bogus documents (PIC 4020 in Schedule 4 to the Migration Regulations 1994) as well as character considerations under section 501 of the Migration Act 1958 — with the consequence of refusal and an exclusion period. An honest application with less evidence is always stronger than a polished one containing a questionable document.
Like other residence visas, the Partner visa also carries health and character requirements for the applicant, and the sponsor is subject to sponsorship obligations and police checks. The precise requirements and document lists for each subclass are published on the official pages for subclass 820/801 (onshore) and subclass 309/100 (offshore) on the Department of Home Affairs website, and those pages should be the basis of your decision-making before you lodge.
What This Means for You
If you do not have a joint bank account, if the lease is in only one of your names, or if you have had to live apart for a period, your application is not lost. As Negin Safaei explains, the case officer’s legal task is not “to find one particular document”; it is “to consider all of the circumstances of the relationship”. So the right strategy is to address all four areas with the best evidence available to you, to provide a written, documented explanation for every gap, and to write the story of your relationship in your statements so that it aligns precisely with the dates and the supporting documents. Experience with Partner visa applications shows that most refusals stem not from “insufficient documents”, but from inconsistency between the narrative and the evidence, and from periods of separation being left unexplained. With careful advice and an evidence plan built around the reality of your life, the very same application can be presented as strong, coherent and defensible.
Sources
- Migration Regulations 1994 — Regulation 1.15A (Spouse), Regulation 1.09A (De facto partner), Regulation 2.03A, Schedule 4 (PIC 4020) — legislation.gov.au (current compilation)
- Migration Act 1958 — sections 5F (Spouse), 5CB (De facto partner) and 501 (Character) — legislation.gov.au (current compilation)
- Partner visa (Temporary) subclass 820 / (Permanent) subclass 801 — Department of Home Affairs
- Partner visa (Provisional) subclass 309 / (Migrant) subclass 100 — Department of Home Affairs
- Change in your situation — notifying changes through ImmiAccount — Department of Home Affairs
- Forms — 47SP, 40SP, 888 — Department of Home Affairs Forms
- Register of Migration Agents (MARA) — Office of the MARA
Your Relationship Evidence — Precise and Defensible
Your relationship is unique, and your application should be written that way too. If you want to know which evidence is strongest in each of the four statutory areas for your actual circumstances, how to document periods of separation, and how to write statements that align with your documents, book a consultation with Negin Safaei, Australian migration lawyer and registered migration agent with MARA (number 1791573), and receive an evidence plan tailored to your own application — calmly, clearly, and based on the text of the law rather than hearsay.
Frequently asked questions
Is a joint bank account mandatory for an Australian Partner visa?
No. A joint bank account is strong evidence under the financial aspects, but no regulation makes it compulsory. The legal test in Regulation 1.15A/1.09A is “consideration of all of the circumstances of the relationship”. Other forms of financial interdependence — transfers between the parties, paying expenses on each other’s behalf, a joint agreement or purchase, naming your partner as a beneficiary of superannuation or life insurance — can cover this same area.
Will it be a problem if the lease is in only one of our names and the bills are not in both names?
No, provided you explain the position and provide alternative evidence. A joint lease and bills in both names are desirable but not essential; official mail sent to a shared address, statements directed to the one address, and statutory declarations from a housemate or landlord can all support the nature of the household.
How many areas does the Department assess a relationship across?
Four areas, based on Regulation 1.15A (spouse) and Regulation 1.09A (de facto partner): the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other. The list is not closed; the law requires the decision-maker to consider all of the circumstances of the relationship.
Do married couples have to be living under the same roof?
Cohabitation is not an absolute requirement. The law (section 5F of the Migration Act 1958, together with the prescribed conditions) adopts the test of “living together, or not living separately and apart on a permanent basis”, so temporary separations for work, study, medical treatment or visa restrictions are acceptable where they are explained and documented. Gaps in cohabitation need to be explained, not ignored.
When is the 12-month relationship requirement waived for de facto partners?
Under Regulation 2.03A of the Migration Regulations 1994, a de facto relationship must generally have existed for at least 12 months before the application is lodged. Registering the relationship with the relevant registry of an eligible State or Territory, as well as the exceptional and compelling circumstances contemplated by the Regulations, will remove this requirement.
What are our obligations if our relationship or circumstances change?
Any change in your personal circumstances or your relationship — from your address and the birth of a child to a separation or the end of the relationship — must be notified to the Department through ImmiAccount. Failing to notify, or providing a false document or false information, can engage PIC 4020 (Schedule 4 to the Migration Regulations 1994) and character considerations.
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.