Partner Visa Myths: Do You Really Need to Be Living Together?
One of the most common questions I get from partner visa clients is:
“We don’t think we’re eligible—we read on a forum that you need to be living together for 12 months.”
There are a few things to unpack here. First of all, taking advice from visagenius123 on Reddit probably isn’t the best move. You should speak with someone who actually has experience—like a registered Migration Agent or a couple who’s been through the process themselves. There’s a lot of misinformation online, and it can seriously harm your application.
“Although it’s easier than ever to find information, it’s also easier than ever to find misinformation.”
So, Do You Need to Live Together to Apply for a Partner Visa?
Not necessarily.
Yes, living together will strengthen your application, but it’s not a mandatory requirement. Legally, to apply for a Partner Visa, you must either be:
Married to your spouse, or
In a de facto relationship
What Is a De Facto Relationship?
A de facto relationship exists between partners of the same or different sex when:
They are not married to each other
There is a mutual commitment to a shared life to the exclusion of all others
The relationship is genuine and continuing
They are not related by family
They are living together, or not living separately and apart on a permanent basis
Additionally, the de facto relationship must have existed for at least 12 months before lodging the application.
However, there are ways this 12-month requirement can be waived, including:
Registering your relationship in certain Australian states or territories
Compelling or compassionate circumstances, such as having children together
That last point—not living apart permanently—is key. It means you have clear plans to live together in the near future. It’s about showing commitment and intent for the future—not necessarily current cohabitation.
Real-Life Examples
There are plenty of reasons committed couples might not live together full-time:
FIFO jobs: One or both partners work away. The applicant stays with the sponsor during their off-swing but isn’t technically on the lease—no point due to work logistics.
Religious or cultural reasons: Some couples choose not to live together before marriage.
A Landmark Case: SZOXP v Minister for Immigration (2015)
In this case, the Department refused a Partner Visa because the couple didn’t live together. But the decision was overturned by the Federal Court.
The judge clarified: the legislation does not require previous cohabitation to qualify as a de facto relationship. The original decision incorrectly interpreted the law as requiring it. Justice McKerracher found that assumption to be an unjustified addition to what the law actually says.
Takeaway: A genuine intent to live together in the near future—supported by ongoing commitment—can meet the requirement.
Other Key Relationship Requirements
Keep in mind that cohabitation is just one factor. The Department assesses the overall relationship across four main categories—known as the four pillars of a de facto relationship:
1. Financial Aspects
Evidence may include:
Joint ownership of property or major assets
Shared financial liabilities (e.g., joint loans or accounts)
Pooling of funds for expenses
Legal financial responsibilities (e.g., one partner acting as a guarantor)
How day-to-day expenses are shared
2. Nature of the Household
Look for:
Shared living arrangements (e.g., lease or utility bills in both names)
Joint responsibility for household duties
Caring for children (if applicable)
3. Social Aspects
This includes:
Presenting yourselves as a couple to friends, family, institutions, and the community
Supporting statements from others (e.g., Form 888 statutory declarations)
Shared social activities, travel, and future plans
Cultural considerations that might explain limited public acknowledgment
4. Nature of the Commitment
Assessed by:
Duration of the relationship
Time spent living together (if any)
Emotional support and companionship
Future plans, shared obligations, and mutual knowledge of each other's lives
Provisions like wills or superannuation nominations
Valid reasons for temporary separations or not living together
A Partner Visa cannot be refused solely because one of these four areas isn’t fully met. They are meant to be considered together, not in isolation.
Ultimately, case officers weigh all of the evidence and assess whether your relationship meets the core legal criteria under subsection 5CB(2):
Mutual commitment to a shared life to the exclusion of all others
A genuine and continuing relationship
Living together or not living apart on a permanent basis
Not related by family
Seek expert migration advice when lodging a Partner Visa to avoid any unwanted headaches or delays.
