In January 2023, our client, Xiao Liu, began living together with the sponsor — but only on weekends. In June this year, they submitted a DIY Subclass 820 Partner visa application.
💔 The Problem:
In October, they received a request from the Department of Home Affairs to provide evidence of 12 months of de facto relationship, with a strict 28-day deadline.
Under Regulation 2.03A of the Migration Regulations, a partner visa applicant must generally meet the requirement of living together for at least 12 months before lodgement. However, Xiao Liu did not have full 12 months of cohabitation evidence, and their earlier living arrangement was considered “part-time cohabitation.” This put them in a very difficult position.
🔑 Our Solution
After consulting with us, we conducted a detailed analysis of their circumstances and took the following steps:
- Identifying potential cohabitation evidence – including shared expenditure records and detailed explanations of their weekend cohabitation pattern.
- Preparing supporting statements – from friends, family, and evidence of joint activities.
- Drafting a strong explanation letter – citing migration policy and relevant tribunal appeal precedents to explain the special circumstances and provide lawful supporting arguments.
🎉 The Outcome
With careful preparation and a professionally compiled submission, Xiao Liu’s visa was successfully granted last week! 🎉
💡 Key Takeaways:
- If you and your partner live together part-time, plan your evidence early.
- When you receive additional requests from the Department, seek professional help promptly to avoid refusal due to insufficient documentation.
- Clear communication and well-reasoned explanations of special circumstances can make all the difference.
