One of the most common questions I get from couples is: “Can we still apply for a Partner Visa if we’re not living together yet?”
And the good news is – yes, you absolutely can.
In this blog, we’ll break down how the Australian Partner Visa works when couples aren’t living together (both at time of application and decision), what the Department is really looking for, and how to build a strong case even without a shared address.
If you haven’t already, now is also a good time to read my blog about the household pillar to get a good grasp on what this pillar is and its importance when it comes to Partner Visas.
Common reasons couples aren’t living together when they lodge a Partner Visa
There’s not much I haven’t seen when it comes to Partner Visas and despite what the internet might try to scare you with sometimes, it’s not a legal requirement to be living together when you lodge your Partner Visa.
Does it make it a little more tricky to get over the line? Yes it does. But this is why it’s important to have an Evidence Planning Session so that we can map out what evidence you have and also talk you through what might be missing and how to strengthen your case.
So back to some common reasons couples aren’t living together. You’re not alone, here are some pretty common and completely valid reasons for living apart:
- One of you is offshore, waiting for a visa
- Financial limitations
- Work or study in different locations
- Cultural or religious reasons
- You’re unable to safely share your relationship
As you’ll know by now, the Department looks at the four pillars of relationship when assessing whether or not you are in a genuine and continuing relationship.
If you’re not living together, you will automatically have some pillars which are weaker than others. For example, I would imagine that you’re not going to have a whole range of documents under the nature of household pillar such as joint leases, mail being sent to your joint address, etc. It’s important here that you learn how to address this gap.
One of my favourite ways to ‘compensate’ for this lack of evidence is through additional Form 888’s where your friends and family attest to your relationship. Especially important here is for your friends/family to also provide some insight into why you’re not living together.
I’ve had cases where a couple would also provide a Form 888 from their priest/minister who attested to the couple’s religious beliefs and what that meant for not living together prior to marriage.
We live apart and we aren’t sure when we will live together
This scenario comes up more often than you might think. One of the biggest reasons for living apart is for long distance couples. The whole reason for living apart is because one of them is outside Australia and the only way to live together is through a Partner Visa!
It’s important to make sure you are providing as much as evidence across the four pillars of relationship, but it’s also important to understand what the legislation and policy actually says around couples who don’t live together.
Although you don’t need to be living together at time of visa application or decision, you do need to show that you are only apart on a temporary basis. This is where you’re really going to benefit from detailed relationship statements to explain your relationship and situation.
What if we’ve never lived together? Can we still be de facto and get a Partner Visa?
De facto isn’t defined by a couple who lives together on a permanent basis. My blog on de facto visas will guide you through what the definition of de facto is for Partner Visa purposes.
But for those of you reading this for now, yes you can be in a de facto relationship for the purposes of a Partner Visa without actually living together.
Keep in mind that there are additional criteria you may need to meet such as having your relationship registered in a state or territory that allows it.
If you’ve never lived together and don’t plan to marry, getting help from a migration agent or lawyer is highly recommended.
Should you wait until you’re living together to apply for a Partner Visa?
Not necessarily. As long as you can meet the definition of a being in a de facto or spousal relationship for the subclass 820/801 or subclass 309/100 visa and provide sufficient evidence of a genuine relationship, you don’t need to live together before lodging.
That said, every couple’s situation is unique, and timing your application right is important.
Final thoughts: love doesn’t have to share a lease
While a shared household certainly helps, it’s not a legal requirement for your love to be recognised by the Department of Home Affairs. Every couple’s situation is different, and Australian immigration policy takes that into account – as long as your relationship is genuine, committed, and well-documented.
If you’re in this situation, know that you’re not alone and you have options.
Need help pulling your evidence together or figuring out which visa type is best for you? Reach out – we’re here to help guide you through it.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
