Do We Need to Live Together for a Partner Visa?

What does the law say about living together for a partner visa?

The law on living together for a partner visa is that the couple must live together, or not live separately and apart on a permanent basis. This wording appears in both the spouse definition in section 5F and the de facto definition in section 5CB of the Migration Act. It means a couple who are apart temporarily can still meet the test, while a couple who have permanently separated cannot. Our guide to partner visa requirements explains how this fits with the other criteria.

Do married couples need to live together for a spouse visa?

Married couples do not need to have lived together before applying for a spouse visa, provided the marriage is valid and the relationship is genuine and continuing. Many married couples have lived apart because of visa restrictions, work or cultural practice. The Department still expects evidence of contact, visits and shared plans, and our article on a partner visa long-distance relationship explains how time apart is shown.

Do de facto couples need to live together?

De facto couples face a stricter position, because a de facto relationship normally involves a shared household and the couple must generally have been in that relationship for 12 months before applying. Living together is strong evidence of a de facto relationship, but short periods apart do not end it. Couples who have never lived together usually find the de facto test hard to meet and may need to consider marriage or a Subclass 300. Our article on the Subclass 820 de facto 12 months requirement explains the detail.

What reasons for living apart does the Department accept?

The Department commonly accepts reasons for living apart such as work in another city or country, study, caring for a family member, waiting for a visa, and cultural or religious practices that prevent living together before marriage. The reason must be explained and supported by evidence, and the couple must show continued contact and commitment during the separation. Our articles on a partner visa living apart for work and partner visa intermittent cohabitation cover common situations.

What evidence helps when we have lived apart?

The evidence that helps when a couple has lived apart is evidence of regular communication, visits, travel together, financial support between them and plans to live together. A relationship statement should give the dates of each period apart and the reason. Gaps without explanation are a common refusal point, which is why our page on partner visa household evidence also covers what to provide when there is no shared address.

How does My Migration Lawyers help couples who live apart?

My Migration Lawyers helps couples who live apart by mapping the full history of where each partner lived, then advising whether the couple meets the spouse or de facto test and which subclass fits. The firm identifies periods that need explanation and collects the evidence that bridges them before lodgement. Sponsors whose partner is overseas can read about the Subclass 309 visa, and all couples can speak with our partner visa lawyers.