What Counts as Living Together for a Partner Visa?
Key points
- Section 5CB of the Migration Act requires de facto partners to live together or not live separately and apart on a permanent basis.
- The nature of the household is one of four aspects assessed under regulations 1.09A(3) and 1.15A(3).
- Married couples must also live together or not live separately and apart on a permanent basis (section 5F of the Migration Act).
What does living together mean for a partner visa?
Living together for a partner visa means the couple runs a shared household, with a common home, shared daily life and shared responsibility for the home. The Department looks at the living arrangements, how the household duties are shared and how the couple deals with household costs. A couple who has the same address but lives separate lives may not show a shared household. Equally, a couple who cannot yet afford a home of their own, or who live in a shared house, can still show a genuine household. Our article on the partner visa nature of the household explains this aspect.
Does living with parents or housemates count as living together?
Living with parents or housemates counts as living together for a partner visa when the couple shares a room and a life within that home as a couple. Many couples live with family for cultural or financial reasons, and the law does not require a home of their own. The evidence must show the couple as a unit within the household, for example letters to both at the address or a statement from the householder. Our article on partner visas when living with parents covers this situation.
Do short stays together count as living together?
Short stays together may count as living together for a partner visa, depending on how often they happen and whether the couple treats the arrangement as a shared home. Couples who split time between two homes, or who stay together for long periods while one keeps a separate lease, can still show a shared household. Our article on intermittent cohabitation explains how the Department looks at these patterns.
Can we get a partner visa if we have never lived together?
A couple who has never lived together can still be eligible for some partner visas. A married couple, or a couple whose de facto relationship is registered, is not required to have already lived together, provided the relationship is genuine and the couple does not live apart permanently. A de facto couple relying on the 12-month requirement will usually find it harder to show a de facto relationship without shared living. Our article on informal living arrangements covers mixed situations.
What evidence proves we live together?
The evidence that proves a couple lives together includes a joint lease or mortgage, utility bills, correspondence sent to both partners at the same address, government records showing the same address, and statements from people who visit the home. Where only one name appears on the lease, other documents can still show the shared household. Our guide to partner visa household evidence lists the documents case officers commonly accept. Where the couple has lived at several addresses, the evidence for each period should overlap so there is no unexplained gap in the household history.
How does My Migration Lawyers present living arrangements that do not fit the usual pattern?
My Migration Lawyers presents living arrangements that do not fit the usual pattern by setting out each address, the dates the couple lived there and the reason for any time apart, so the case officer sees a clear and consistent history. Where documents are thin, the firm identifies other records and supporting statements that fill the gaps. Couples can speak with our partner visa lawyers about their living history before lodgement.
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