Key Takeaways
- Yes, a married couple can apply for a partner visa without living together, but only if the separation is temporary and they intend to live together in the future. The law asks whether the couple lives together or does not live separately and apart on a permanent basis.
- The Department's policy places the onus on the applicant to show that the separation is temporary. There is no fixed date by which the couple must start living together, and each case is decided on its own facts.
- Case officers weigh four assessed aspects together: financial aspects, the nature of the household, social aspects and the nature of the commitment. Living apart affects the household aspect most, so the other three aspects need to be well evidenced.
- The reason for the separation matters. Cultural or religious practice, family duties, caring for a parent, study, visa restrictions, border separation, health and housing can all be valid reasons when they are explained and supported by documents.
- A relationship that has ended, or a separation with no plan to reunite, does not meet the test. Couples living apart should show visits, regular contact, financial support and a concrete plan to live together.
Can you get a partner visa without living together?
Yes. A married couple can be granted a partner visa without living together, as long as the separation is temporary and both spouses intend to live together in the future. The Migration Act does not require a married couple to share a home at the time of application or at the time of decision. It requires them to live together, or not live separately and apart on a permanent basis. That second limb is what makes a partner visa without living together possible.
Many married couples are in this position. Some have never shared a home because their religion or culture does not allow it before the marriage is formally completed. Some live apart because one spouse cares for a sick parent overseas, is finishing a degree, or cannot get a visa to join the other. Some were separated by border closures, health problems or a housing shortage. In each case the question is the same. Is the couple still committed to a shared life as a married couple, and is the time apart a temporary stage rather than the end of the relationship?
This guide explains how the law treats a partner visa without living together for married couples. It covers the legal test, the four assessed aspects, what the Department's own policy says, how the household aspect is read when spouses live apart, the most common reasons for separation, the contrast with de facto couples, the evidence that explains a separation, interview risk, and the point at which living apart becomes a problem. For the full picture of every partner pathway, start with the complete guide to partner visas in Australia.
Which visas does this apply to?
The rules discussed here apply to the onshore Subclass 820 partner visa and the permanent Subclass 801 stage that follows it, and to the offshore Subclass 309 partner visa and the permanent Subclass 100 stage. The relationship is assessed at both stages, so a couple who applied for a partner visa without living together will be asked again about their living arrangements at the permanent stage. The guide to Subclass 820 vs Subclass 801 explains how the two stages connect.
Engaged couples who have not yet married use a different visa. The Subclass 300 Prospective Marriage visa is designed for a couple who intend to marry and then live together, so living apart before the wedding is expected on that visa. This guide focuses on couples who are already married.
Before you apply for a partner visa without living together
Before lodging, it helps to understand the whole process. The guide to the Subclass 820 partner visa requirements and the guide to 820 visa documents and how to apply explain the onshore steps. Applications are lodged online, and the guide on how to create an ImmiAccount covers the first step. The sponsor must also be eligible, and the separate rules on partner visa sponsorship limitations should be checked. Couples deciding whether to apply for a partner visa without living together on their own, or with help, may find the comparison of a partner visa lawyer versus doing it yourself useful. If a representative is appointed, the Department is told using Form 956 or Form 956A.
What does the law say about a partner visa without living together?
The law says a married couple must live together, or not live separately and apart on a permanent basis. This comes from paragraph 5F(2)(d) of the Migration Act 1958, which is part of the definition of a spouse. Under section 5F, two people are in a married relationship for migration purposes if they are married to each other under a marriage that is valid for the Act, they have a mutual commitment to a shared life as a married couple 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.
The important word is "permanent". A couple who do not share a home are living apart, but they are not necessarily living separately and apart on a permanent basis. The Department's policy on married relationships says that paragraph 5F(2)(d) explicitly requires any separation of the couple to be temporary. So a partner visa without living together turns on whether the separation is temporary and on whether the couple intend to live together.
Who has to prove that the separation is temporary?
The applicant does. The Department's policy says the onus is on the applicant to satisfy the delegate that the separation is temporary and that the couple will, at some point in the future, live together. In practice the sponsor carries much of this too, because the sponsor's evidence and statements are read with the applicant's. A couple seeking a partner visa without living together should assume that the case officer will start with the question "why are you not living together?" and will expect a clear and documented answer.
Is there a time limit for moving in together?
No. The Department's policy says there is no timeframe in which the couple must live together, and that claims must be considered case by case. That does not mean a vague plan is enough. The further away the reunion is, and the less detail there is about how it will happen, the harder it becomes to show that the separation is temporary. A partner visa without living together is strongest when the couple can show when and where they will live together and what is stopping them from doing so now.
The four assessed aspects for a partner visa without living together
Every married relationship in a partner application is assessed against four aspects, set out in subregulation 1.15A(3) of the Migration Regulations 1994. They are the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. The case officer must consider all of the circumstances of the relationship, including these four aspects, for every partner visa.
The Department's policy is clear that the aspects are circumstances to be weighed, not boxes to be ticked. A case officer must not decide a case by counting how many aspects are met and how many are not. The relationship is considered as a whole. This matters for a partner visa without living together, because one aspect will usually be weaker than in a couple who share a home. That weakness is not fatal if the other aspects are strong and the reason for the separation is clear.
Financial aspects
The financial aspects include joint ownership of assets, joint liabilities, the pooling of financial resources, any legal obligation one spouse owes the other, and the basis on which household expenses are shared. Spouses who live apart often cannot show a joint lease or shared bills. They can show money transfers, one spouse supporting the other, joint savings for a future home, shared costs of travel to visit each other, and each other named on insurance or superannuation. The guide to partner visa relationship evidence explains this aspect in more detail.
Nature of the household
The nature of the household includes joint responsibility for children, the living arrangements of the couple, and any sharing of housework. This is the aspect most affected when a couple applies for a partner visa without living together. It is discussed in its own section below, because it is often misunderstood.
Social aspects
The social aspects include whether the couple present themselves to others as married, what friends and family think of the relationship, and whether the couple plan and attend social activities together. The Department's policy also tells case officers to take into account whether the laws or traditions of the applicant's home country may discourage a couple from openly admitting the relationship. Wedding photographs, family events attended together, and Form 888 supporting witness statements from people who know the couple are central to this aspect.
Nature of the commitment
The nature of the commitment is assessed through the duration of the relationship, the length of time the couple have lived together, the degree of companionship and emotional support they draw from each other, and whether they see the relationship as long term. The Department's policy says that where a couple living separately claim the separation is temporary, the case officer must consider their reasons for the separation and whether those reasons are consistent with a mutual commitment. For a partner visa without living together, this is where the case is usually won or lost.
Never lived together versus living apart for a period
These are two different situations, and they carry different levels of risk. A couple who lived together for years and then separated temporarily, for example because one spouse returned overseas to care for a parent, can point to a shared household history. A couple who married and have never lived under the same roof have no such history. Both can apply for a partner visa without living together, but the second group must work harder to show what their married life will look like.
What the Department's spouse policy says about never living together
The Department's policy on married relationships says that an applicant cannot meet paragraph 5F(2)(d) if they have never lived with their claimed spouse and/or cannot satisfy the delegate that they have an intention to live with them in the future. Read on its face, that wording is strict. It is the reason a couple who have never shared a home must treat their intention to live together as the centre of the application, not an afterthought.
What the Federal Court said in SZOXP
The Full Court of the Federal Court in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 considered the same words, "live together, or do not live separately and apart on a permanent basis", in the definition of a de facto relationship in section 5CB. The Department's de facto policy says the judgment is binding on delegates and means a delegate cannot refuse solely because the couple never lived together before applying, were not living together at the time of application, or were not living together at the time of decision.
The spouse definition in paragraph 5F(2)(d) uses the same words as paragraph 5CB(2)(c). There is a strong argument that the same reasoning applies to a married couple seeking a partner visa without living together. However, the Department's spouse policy does not repeat the SZOXP explanation, and its wording is stricter on its face. The safe course is to assume that a case officer will look closely at a married couple who have never lived together, and to give them a clear reason for the separation and firm evidence of the plan to live together.
Why the distinction matters in practice
Many online sources say that married couples "must live together" for a partner visa. That is not what the law says. Other sources say living apart "does not matter" for married couples. That is not right either. The correct position is that a partner visa without living together is available to married couples, but the separation must be temporary, the reason must be consistent with a committed marriage, and the applicant must prove it. Couples who understand this from the start prepare better applications. Where a couple are unsure whether their situation fits, a partner visa consultation with an immigration lawyer before lodging can identify the risks in a partner visa without living together. Couples who have already received advice and want it checked can ask for an immigration lawyer second opinion.
How is the nature of the household assessed when spouses live apart?
When spouses live apart, the nature of the household is assessed by looking at how the couple organise their lives across two places, how they share responsibility, and what household they are planning to create. The case officer does not simply mark this aspect as failed because there is no joint lease. The regulation refers to the living arrangements of the persons, and that includes an arrangement in which the couple live apart for a known reason.
For a partner visa without living together, the household aspect can be supported in several ways. The couple can show any time they did live under the same roof, even briefly, such as during visits or after the wedding. They can show who pays for what in each household, for example a sponsor in Australia contributing to rent or utilities for the applicant overseas. They can show shared responsibility for children, if there are children, including school fees, medical costs and parenting decisions made together. A partner visa without living together can also be supported by concrete steps towards a shared home, such as a lease application in both names, a search for a larger property, or a plan for which city the couple will live in.
Visits and short periods of living together
Every period the couple spent in the same home matters, even if it was only a few weeks during a visit. Travel records, accommodation bookings, photographs of daily life and evidence of who paid for the stay all help. A couple applying for a partner visa without living together should list each visit with dates in the partner visa relationship statement, so the case officer can see the pattern.
Children and shared parenting
Where the couple have children, the household aspect is often stronger than it first appears. A parent caring for the children in one country while the other works in Australia to support them is a recognised family arrangement. Birth certificates, school records naming both parents, and evidence of money sent for the children's needs all show joint responsibility. The Department must also consider the best interests of minor children in some decisions, which is another reason to set out the children's circumstances clearly.
Housework and daily life when apart
Sharing housework is listed as part of the household aspect, but it is rarely the deciding point for a couple who live apart. Instead, case officers look for signs that the couple act as one family unit. Examples include one spouse managing the other's affairs while they are away, joint decisions about property, and plans for how the household will run once they reunite. These details belong in the relationship statement and in the evidence of the couple's genuine relationship.
Why do married couples live apart? Common reasons
Married couples live apart for many reasons, and the reason itself is one of the most important pieces of evidence in a partner visa without living together. The Department's policy tells case officers to consider the reasons for a temporary separation and whether they are consistent with a mutual commitment. A reason that is explained, documented and limited in time supports the application. A reason that is vague, changes over time or has no end point weakens it.
The reasons below are the ones that arise most often for married couples. Two related situations are covered in separate guides on this site. Couples who live apart because of work, such as fly in fly out rosters or a job in another city, are covered in a dedicated article on living apart for work. Couples who live with one spouse's parents, rather than in a home of their own, are covered in a dedicated article on living with parents.
Cultural and religious reasons for not living together
Cultural and religious practice is one of the most common reasons a married couple applies for a partner visa without living together. In many communities a couple do not live together until a particular ceremony has taken place, even after a civil marriage is registered. In others, the bride stays with her family until a later reception, or the couple are expected to live with extended family rather than set up their own home. Some couples marry and then follow a tradition that the wife remains with her parents for a set period. Each of these can be a valid reason for a temporary separation.
The Department's policy recognises that culture can shape how a relationship looks. It tells case officers to take into account whether the laws or traditions of the applicant's home country may discourage a couple from openly admitting the relationship. That sentence is about the social aspects, but the same principle applies to living arrangements. A case officer should consider the couple's circumstances, not compare them with a standard Australian household.
How to explain a cultural or religious reason
The explanation must be specific to the couple. It is not enough to say "in our culture couples do not live together before marriage". The relationship statement should explain which practice applies, why the couple follow it, what stage of the marriage they are at, and when the separation will end. Where possible, it should be supported by a letter from a religious leader or a community elder, by Form 888 statements from family members who can describe the practice, and by photographs and documents from each ceremony. The guide to Form 888 example answers and common mistakes shows how witnesses can describe what they have seen.
Arranged marriages and the partner visa without living together
Arranged marriages are recognised for migration purposes where both spouses give real consent to the marriage. The Department's policy on married relationships discusses arranged marriages and explains that cases may arise where a marriage proceeds only because of family pressure. Where the couple have consented and are committed to each other, an arranged marriage can support a partner visa without living together in the same way as any other marriage. Because the couple may have spent little time alone before the wedding, the evidence of contact, visits and future plans after the wedding carries extra weight.
Ceremonies in more than one place
Some couples hold a religious ceremony in one country and a legal registration in another, or a civil ceremony followed months later by a traditional wedding. The marriage must be valid for the purposes of the Migration Act, and a ceremony that is not legally recognised does not create a spouse relationship on its own. If there is any doubt about which ceremony created a valid marriage, that should be resolved before applying for a partner visa without living together. Where the marriage is not valid, the relationship may need to be assessed as a de facto relationship instead, which has different rules discussed below.
Family obligations and caring for a parent
Caring for a parent or another relative is a common and well understood reason for spouses to live apart. One spouse may need to stay overseas with an elderly parent who is unwell, help run a family business after a death, or support younger siblings through school. These duties are often temporary, and they show the kind of character and family loyalty that the couple's own marriage is built on. They can support a partner visa without living together, but they must be documented.
Evidence for this reason includes medical letters about the parent's condition, documents showing that the spouse is the carer, evidence that other family members cannot take over, and a plan for what will happen next. The plan matters. If the parent will need care indefinitely, the couple should explain how they will deal with that, for example by arranging other care, by moving the parent, or by alternating time between the two places. A separation with no foreseeable end is harder to describe as temporary.
Keeping the marriage visible during a caring separation
When one spouse is caring for a parent, the couple's contact often follows a pattern of daily calls, visits by the other spouse, and money sent to help with care costs. All of this should be kept. The guide to relationship evidence for couples apart and the partner visa document checklist explain how to present it. Photographs of the visiting spouse with the parent, and Form 888 statements from relatives who see the couple together, also show that the marriage continues during the separation.
Study as a reason for a partner visa without living together
Study is a temporary reason by nature, which makes it one of the easier reasons to explain. One spouse may be finishing a degree in their home country, completing a medical residency, or undertaking a course that requires them to live in student housing. The course has a start date, an end date and an institution that can confirm enrolment. That gives the case officer a clear end point for the separation.
A couple seeking a partner visa without living together because of study should provide enrolment letters, the expected completion date, and evidence of what the couple will do when the course ends. If the studying spouse is in Australia on a student visa, the visa conditions and the timing of the partner application need care. The firm's guide to hiring an immigration lawyer after lodgement and the urgent immigration advice guide explain when to get advice on visa timing. Once a Subclass 820 application is lodged, the guide to work rights on a bridging visa while waiting explains what the applicant can do in Australia, and the guide to how long the onshore partner visa takes explains why a couple applying for a partner visa without living together should plan for a period of waiting.
Visa restrictions and border separation
Visa restrictions are often the very reason a married couple lives apart, and the partner visa is the solution they are seeking. A spouse may be unable to obtain a visitor visa, may have had a previous visa refused, or may be waiting offshore for a Subclass 309 decision. In each case the couple are apart because the law has not yet allowed them to be together. A case officer should understand that a partner visa without living together is often a direct result of the migration process itself.
Waiting offshore for a Subclass 309 visa
A Subclass 309 applicant is usually outside Australia when the visa is granted, while the sponsor is in Australia. Living apart during processing is therefore normal for offshore applicants. The couple should still show that they maintain the relationship, through visits by the sponsor, regular contact and financial support. The firm's Subclass 309 offshore partner visa page explains the offshore pathway, and the complete partner visa guide compares it with the onshore option.
Onshore applicants and travel during processing
An applicant who has lodged a Subclass 820 application in Australia usually holds a bridging visa while waiting. A Bridging visa A does not allow travel. If the applicant needs to leave and return, they generally need a Bridging visa B, and a period overseas, for example to see a sick parent, can create a period of living apart. The guide to bridging visas in Australia explains the differences. Any period apart during processing should be explained to the Department, and a significant change in the couple's living arrangements may need to be notified using Form 1022 for a change of circumstances.
Border closures and travel restrictions
Many couples were separated for long periods by international border closures and travel restrictions. These separations were outside the couple's control. A partner visa without living together that covers such a period should explain when the couple planned to reunite, what prevented it, and how they kept the relationship going. In Al Mbayed (Migration) [2021] AATA 454, a prospective marriage matter recorded in the Tribunal remittals database, the reported issues included the couple's intention to live together and COVID-19 travel restrictions. The matter was remitted to the Department.
Previous refusals and visitor visas
A spouse who has had a visa refused may find it hard to visit Australia, which can lengthen a separation. A refusal should be disclosed and dealt with in the application. The guide to a partner visa after a visa refusal and the guide to moving from a tourist visa to a partner visa explain the issues. If a previous visa carries a "no further stay" condition, the guide to Subclass 820 and condition 8503 is also relevant.
Health and housing reasons
Health and housing reasons can also explain a partner visa without living together. A spouse may need specialist medical treatment available only in one place, or may be recovering near family who can provide care. A couple may be unable to find housing large enough for the family, or may be waiting for a new home to be built, or may be living with relatives in separate homes while they save. These are ordinary life events, and they can be temporary.
The evidence should match the reason. For a health reason, a treating doctor's letter confirming why the spouse needs to be in a particular place, and for how long, is the best evidence. Couples do not need to disclose more medical detail than is needed to explain the separation. For a housing reason, a rental application, a building contract, a letter from the landlord or relatives, and evidence of savings towards a home all help. In each case the relationship statement should explain how the reason led to the separation and when it is expected to end.
When several reasons overlap
Many couples have more than one reason. A spouse may stay overseas to care for a parent, then be unable to travel because of a visa refusal, then wait for a partner visa decision. That is common. The application should set out the reasons in date order, so the case officer can see why the couple were apart at each stage. A clear timeline in the relationship statement is often the difference between a separation that looks reasonable and one that looks unexplained.
Partner visa without living together: married couples compared with de facto couples
Married couples have an important advantage over de facto couples when they apply for a partner visa without living together. The definition of a de facto relationship in section 5CB of the Migration Act also requires the couple to live together or not live separately and apart on a permanent basis. However, de facto applicants must usually also show that the de facto relationship existed for at least 12 months immediately before the application, under regulation 2.03A. Married couples do not need to meet that 12 month requirement.
The 12 month de facto rule is about the length of the relationship, not the length of time spent living together. The Department's de facto policy explains that the period of the relationship and the question of living together are separate issues. It also lists exceptions, including compelling and compassionate circumstances and relationships registered under a prescribed State or Territory law. The guide to the de facto partner visa and the 12 month rule and the guide to the 12 month de facto requirement for Subclass 820 explain these rules in full.
When a marriage is not valid for migration purposes
If a marriage is not recognised as valid for the Act, the Department's policy says the relationship should be considered against the de facto definition instead. That means a couple who believed they were married, but whose ceremony is not legally recognised, may suddenly face the de facto rules, including the 12 month requirement. This is one reason the validity of the marriage should be checked before applying for a partner visa without living together. Same-sex couples have the same rights to marry and apply, and the firm's LGBTI partner visa page explains points specific to them.
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What evidence supports a partner visa without living together?
The evidence that supports a partner visa without living together has two jobs. It must explain why the couple live apart, and it must show that the marriage continues during the separation. Evidence that does only one of those jobs leaves a gap. A couple with a strong reason for living apart, but no proof of contact, look like a couple who have drifted. A couple with years of messages, but no explanation for the separation, leave the case officer guessing.
Evidence that explains the separation
This is evidence of the reason itself. It depends on the reason and may include employment or enrolment letters, medical letters about a parent or a spouse, letters from religious or community leaders, documents showing a visa refusal or a travel restriction, a lease or building contract, or correspondence about a future move. The documents should give dates. The case officer should be able to see when the separation started, why it continued, and when it is expected to end.
Evidence of visits
Visits are the strongest proof that a separation is temporary. They show the couple choosing to spend time together whenever they can. Useful documents include passport stamps, flight bookings and boarding passes, accommodation bookings in both names, and photographs from each visit that show the couple with family and friends. A table of visits with dates and places, attached to the relationship statement, helps the case officer follow the pattern. In Tran (Migration) [2019] AATA 3691, a Subclass 309 matter in the Tribunal remittals database, the reported issues included evidence of communications, travel and cohabitation. The matter was remitted to the Department.
Evidence of communication
Regular contact shows that the couple remain part of each other's daily lives. Call logs, video call records and a representative sample of messages across the whole period apart are more useful than thousands of screenshots. Each sample should show the names, the date and the platform. Messages in another language need an English translation. Communication evidence supports the nature of the commitment but does not replace evidence of the other three aspects.
Evidence of financial support
Money sent from one spouse to the other, payments for the other spouse's rent or bills, joint savings towards a shared home, and the cost of visits paid by one spouse for both are all evidence of the financial aspects. Bank statements should be clear about who sent the money and to whom. The 820 partner visa evidence checklist lists the financial documents most often used.
Evidence of plans to live together
A partner visa without living together depends on the couple's intention to live together, so evidence of that intention is essential. It may include a lease application or property search in both names, a job offer or transfer that will allow the couple to live in the same city, school enrolment for children in the place the family will live, a booked move, or correspondence with family about the arrangements. Plans should be realistic and specific. A statement that the couple "will live together after the visa is granted" is weaker than one that explains where, when and how.
Form 888 supporting witness statements
Form 888 statements from people who know the couple can explain a separation from the outside. A parent can confirm that the applicant is caring for them. A religious leader can confirm the practice the couple follow. Friends can describe visits and how the couple behave together. Form 888 is a supporting witness statement, and it should be made by Australian citizens or permanent residents who know the couple. The guide to who can make a Form 888 and what it should say explains the rules.
How should the relationship statement explain living apart?
The relationship statement should explain living apart directly, in date order, and in the couple's own words. There is only one relationship statement in a partner application, and it is where the case officer will first look for the reason for the separation. Avoiding the subject is a mistake. A case officer who discovers the separation from travel records, rather than from the couple, may doubt the rest of the account.
A clear explanation in a partner visa without living together usually covers how the couple met and married, where each spouse has lived since the marriage, why they live apart, how they keep in contact, how often they visit, how they support each other financially, and what their plan is to live together. It should also explain any changes, such as a period of living together followed by a new separation. The guide to the partner visa relationship statement with examples explains structure and tone.
Consistency with the forms and other evidence
The application forms ask about living arrangements and periods of separation. The dates and addresses in the forms, the relationship statement, the Form 888 statements and the evidence must all match. Inconsistent addresses are one of the most common reasons a partner visa without living together attracts further questions. The guide to Form 80 explains how to complete address and travel history accurately, and the guide to why partner visas get refused lists the problems that most often lead to concern.
Partner visa without living together: interview risk
A couple who apply for a partner visa without living together should expect a higher chance of an interview or a request for more information. The Department's policy says the mutuality of a relationship may be assessed by the partners' knowledge of each other's personal circumstances, including background and family situation, and that this could be established at interview. Where a couple do not share a home, a case officer may use an interview to test whether they know each other well and whether their accounts match.
Interviews for a partner visa without living together often focus on the reason for the separation, the dates of each visit, daily contact, money sent between the spouses, family members on both sides, and the plan for living together. The questions are usually ordinary. The risk comes from inconsistency, for example different dates for the same visit or different answers about where the couple will live. Each spouse should read the relationship statement before an interview and be ready to explain the separation in their own words.
Requests for more information and natural justice letters
Instead of, or as well as, an interview, the Department may send a request for further information or a letter inviting comment on adverse information. These letters have short deadlines that are strictly applied. The guides to responding to a section 56 request for more information and to a section 57 natural justice letter explain how to respond. A letter that questions why the couple live apart should be answered with a full explanation and evidence, not a short reply.
When does living apart become a problem?
Living apart becomes a problem when the separation is permanent, when there is no real intention to live together, or when the reason given does not match the evidence. At that point the couple no longer meet paragraph 5F(2)(d), and a partner visa without living together cannot succeed on that basis. The Department's policy explains that legally, separation occurs when one spouse forms the intention that the relationship is at an end and acts on that intention.
Warning signs that a case officer looks for include long periods with no visits, contact that has stopped or become rare, no financial connection, changing explanations for the separation, plans to live together that keep moving without a reason, and statements from others suggesting the couple are no longer together. A couple who recognise any of these in their own situation should get advice before lodging, not after a refusal.
Physical separation is not the same as legal separation
The Department's policy also says that physical separation for work or other reasons does not necessarily mean the parties have legally separated. It is equally possible for a married couple to be separated while living at the same address. The question is about the state of the marriage, not just the address. That is why a partner visa without living together can succeed, and why a shared address alone does not prove a continuing marriage.
If the relationship has ended
If the marriage has ended, the couple should not continue to present it as continuing. The duty to tell the Department about changes in circumstances applies. Some applicants have other options, including where the relationship ended because of family violence. The guide to what happens if a Subclass 820 relationship breaks down and the firm's family violence partner visa page explain these options.
What if a partner visa without living together is refused?
If a partner visa without living together is refused, the applicant may be able to apply for merits review at the Administrative Review Tribunal. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The time limit for applying is short and strictly applied, so the refusal letter should be read immediately. The guide to partner visa refusal appeal options and the guide to what to expect at an ART review explain the process.
At review, the Tribunal considers the case afresh, and new evidence about the separation and the plan to live together can be provided. In HO (Migration) [2023] AATA 2247, a Subclass 309 matter in the Tribunal remittals database, the reported issues included the genuine spousal relationship, financial aspects, periods of cohabitation and social aspects. The matter was remitted to the Department. The firm's partner visa refusals page and the general visa refusals page explain how the firm acts on review. A visa appeal lawyer can also advise on whether judicial review is relevant after a Tribunal decision.
Common reasons for refusal in these cases
Refusals involving couples who live apart often turn on a lack of evidence of the reason for the separation, a lack of evidence of contact and visits, inconsistent accounts, or no clear plan to live together. The guide to why Subclass 820 visas are refused covers these issues more broadly. Many of them can be avoided with careful preparation before lodgement.
How My Migration Lawyers explains separation in a partner visa without living together
My Migration Lawyers explains a couple's separation in the relationship statement and the supporting evidence, so that the case officer sees the reason for living apart and the continuing marriage at the same time. The firm handles complex cases where a married couple applies for a partner visa without living together, including couples who have never shared a home because of cultural or religious practice, couples separated by caring duties, study, visa restrictions or border closures, and couples applying again after a refusal. The firm acts in many matters of this type and is capable of handling them. No outcome can be promised in any case, and the firm does not give one.
What the firm does when spouses live apart, step by step
First, the firm takes the couple's account of their relationship and builds a timeline showing where each spouse lived at each stage, every visit and every period of living together. Second, it identifies the reason for each period of separation and the documents that can confirm it, such as enrolment letters, medical letters, visa decisions or letters from community or religious leaders. Third, it checks that the marriage is valid for migration purposes and advises if the de facto rules may apply instead. Fourth, it reviews the financial, household, social and commitment evidence and identifies gaps caused by living apart. Fifth, it helps the couple document their concrete plan to live together. Sixth, it presents the couple's own account of the separation in the relationship statement, in date order, and checks it against the forms, the Form 888 statements and the evidence. Finally, it prepares the couple for any interview or request for information about the separation. The firm presents the couple's own account and evidence in the form the law requires. It never creates or alters evidence.
Who works on the file
Partner visa matters at the firm are supervised by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and see the firm's partner visa lawyers service page. Consultations are by video, so the firm acts for couples across Australia and overseas, including clients of its partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane, partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers on the Gold Coast, partner visa lawyers in Canberra, partner visa lawyers in Hobart and partner visa lawyers in Parramatta.
Book a consultation about a partner visa without living together
If you are married and live apart from your spouse, and you are unsure whether you can apply for a partner visa without living together, a consultation lets the firm review your situation and explain the next steps. Book a Consultation. You can also call 1300 040 300.
Frequently Asked Questions
Can a married couple get a partner visa without living together?
Yes, a married couple can get a partner visa without living together if the separation is temporary. The Migration Act requires spouses to live together or not live separately and apart on a permanent basis. The couple must show a good reason for living apart, continuing contact and support, and a real intention to live together in the future. The case officer weighs all of the circumstances of the relationship, not just the address.
We married but have never lived together. Can we still apply?
Yes, you can still apply, but the application needs careful preparation. The Department's policy on married relationships treats a couple who have never lived together, and who cannot show an intention to live together, as unable to meet the test. You will need to explain why you have not yet lived together, such as a cultural or religious practice or a visa restriction, and show a concrete plan for living together. Evidence of visits and regular contact is also important.
Is there a minimum period of living together for a spouse partner visa?
No, there is no minimum period of living together for a married couple. The Department's policy says there is no timeframe in which a couple must live together, and each case is considered on its own facts. The length of time a couple have lived together is one factor in the nature of the commitment, so a longer shared household history helps. But a short history, or none, is not a bar on its own if the separation is explained.
How long can spouses live apart before it affects a partner visa?
There is no fixed limit on how long spouses can live apart. What matters is whether the separation is temporary and consistent with a committed marriage. A long separation with regular visits, daily contact, financial support and a clear reason, such as study with a known end date, can be acceptable. A shorter separation with no contact, no visits and no plan can raise serious concern. The reason and the evidence matter more than the number of months.
Does living apart for religious reasons count as a valid reason?
Yes, a religious or cultural practice can be a valid reason for a married couple to live apart for a time. Some faiths and communities expect a couple to wait until a later ceremony before living together. The relationship statement should explain the practice and when it will end. A letter from a religious or community leader, Form 888 statements from family and photographs of the ceremonies can support the explanation.
Can I apply if I live overseas caring for a sick parent while my spouse lives in Australia?
Yes, caring for a parent can explain a temporary separation in a partner application. You should provide medical evidence about the parent, evidence that you are the carer, and an explanation of why others cannot take on the role. You should also show how you keep the marriage going, such as visits, calls and money sent between you. Most importantly, explain your plan to live together and what will happen to the parent's care when you do.
Does the household aspect fail automatically if we do not live together?
No, the household aspect does not fail automatically. The nature of the household includes the couple's living arrangements, and a known, temporary arrangement of living apart is still a living arrangement. Case officers can consider any periods spent living together during visits, shared responsibility for children, contributions to each other's housing costs and steps taken towards a shared home. The four assessed aspects are weighed together, so strong evidence elsewhere can balance a weaker household aspect.
Are de facto couples treated differently when they do not live together?
Yes, de facto couples face an extra rule. Both married and de facto couples must live together or not live separately and apart on a permanent basis. However, de facto applicants must usually also show the de facto relationship existed for at least 12 months before applying, unless an exception applies, such as a registered relationship. Married couples do not need to meet that 12 month rule. The 12 months is about the relationship, not about living together.
What evidence should we provide if we live in different countries?
You should provide evidence that explains the separation and evidence that shows the marriage continues. That includes documents confirming the reason you live apart, passport stamps and bookings for each visit, photographs from visits, call logs and samples of messages, bank records of money sent between you, and evidence of your plan to live together. Form 888 statements from people who know you as a couple can also help explain the arrangement.
Will we be interviewed if we apply without living together?
An interview is more likely, but it is not certain. The Department's policy says a couple's knowledge of each other's circumstances may be tested at interview, and that is more common where spouses do not share a home. Questions usually cover the reason for the separation, visit dates, contact, finances, family and plans. Both spouses should read the relationship statement before any interview so their answers are consistent and accurate.
Can I apply for a Subclass 820 visa while my spouse lives overseas?
In some cases, yes, but it depends on the facts. The Subclass 820 applicant generally applies in Australia, and the sponsor's circumstances must also meet the sponsorship rules. If the sponsor lives overseas for a period, the couple must still show the separation is temporary and they intend to live together. Where the applicant is outside Australia, the Subclass 309 visa is usually the right pathway. Advice on the correct visa should be obtained before lodging.
Do I need to tell the Department if we start living apart after lodging?
Yes, a change in living arrangements after lodging should be reported. Applicants have a duty to tell the Department about changes in circumstances, and Form 1022 is used to notify most changes. A new period of living apart, such as travel overseas to care for a family member, should be explained with the reason and the expected length. Reporting the change promptly, with evidence, avoids the appearance of hiding it.
What if our marriage was a religious ceremony only?
A religious ceremony may not create a valid marriage for migration purposes unless it meets the legal requirements of the place where it took place and is recognised in Australia. If the marriage is not valid, the Department's policy says the relationship should be assessed as a de facto relationship. That may bring in the de facto rules, including the 12 month relationship requirement. The validity of the marriage should be checked before lodging.
Can a partner visa be refused just because we live apart?
A refusal should not rest only on the fact that a married couple live apart, but living apart can contribute to a refusal. If the case officer is not satisfied that the separation is temporary or that the couple intend to live together, the spouse definition is not met. Refusals usually follow weak evidence of the reason, contact, visits or future plans. A clear explanation supported by documents reduces that risk.
Do visits during the separation need to be documented?
Yes, visits should be documented carefully because they are strong evidence that a separation is temporary. Keep flight bookings, boarding passes, passport stamps, accommodation records and photographs from each visit. A simple table listing each visit with dates and places, attached to the relationship statement, helps the case officer follow the pattern. Visits also support the household aspect, because they are periods when the couple lived under the same roof.
Who should explain the separation, the applicant or the sponsor?
Both should, and their accounts must match. The applicant usually carries the onus of showing the separation is temporary, but the sponsor's statement and evidence are read with the applicant's. Each spouse should describe the same reason, the same dates and the same plan to live together. Differences in their accounts, even small ones about dates or places, can lead to further questions or an interview.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
