Can We Get a Partner Visa If Our Culture or Religion Stops Us Living Together?

Can a married couple get a partner visa without having lived together?

A married couple can get a partner visa without having lived together before the wedding, because the law asks whether the spouses have a mutual commitment to a shared life and live together or do not live apart on a permanent basis. Where custom or faith meant the couple did not live together before marriage, the application should explain that, and show the couple's plans to live together once the visa allows it. Our article on partner visa cultural differences explains how decision makers approach these relationships.

Is the Subclass 300 prospective marriage visa an option?

The Subclass 300 prospective marriage visa is an option for a couple who intend to marry, where the applicant is outside Australia and the couple have met in person. The applicant comes to Australia, the couple marry within the visa period, and the applicant then applies for the Subclass 820/801. This path suits couples whose faith requires marriage before living together. Our page on the Subclass 300 visa explains the requirements.

Why is a de facto visa difficult when the couple cannot live together?

A de facto visa is difficult when the couple cannot live together, because a de facto relationship generally means a shared life together, and the 12-month requirement assumes that shared life has existed for a year. Couples who have never shared a home will usually struggle to meet the definition. Registration removes the 12 months but not the need to show a genuine de facto relationship, so marriage is usually the clearer path for these couples.

How do we prove a genuine relationship if we have not shared a home?

A couple who have not shared a home prove a genuine relationship through evidence of commitment, such as engagement and wedding arrangements, family involvement, regular contact, visits, financial support and a clear plan to live together. Statements from family and community members who took part in the courtship or marriage carry particular weight. Our article on partner visa religious differences and our article on partner visa commitment evidence explain what helps.

Is a religious or cultural marriage recognised for a partner visa?

A religious or cultural marriage is recognised for a partner visa if it is valid under the law of the place where it took place and is recognised under Australian law. A ceremony that was not legally registered may not be a valid marriage, even if the couple and their community regard it as binding. Our article on an unrecognised overseas marriage explains how to check this before lodging.

How does My Migration Lawyers help couples whose faith or culture shapes their relationship?

My Migration Lawyers helps couples whose faith or culture shapes their relationship by choosing the basis, spouse, prospective spouse or de facto, that fits how the couple actually live, rather than forcing the relationship into a category it does not match. The firm checks that any marriage is legally valid, explains the cultural context in terms the Department understands and gathers evidence from family and community. Couples can raise their circumstances with our partner visa lawyers, and the firm, led by Principal Lawyer Weiwei Zhang, can consult in Mandarin.