Do You Have to Be Living Together for a Partner Visa?

August 26, 2024
Harpreet Sidhu

Partner Visas in Australia frequently depend on meeting specific criteria set forth by immigration authorities, one of which often concerns the couple’s living arrangements.

Many applicants labor under the assumption that they must live together to qualify for a Partner Visa, but the reality is nuanced and warrants a deeper understanding.

This blog post aims to clarify the cohabitation requirements stipulated by Australian immigration laws, dispelling common misconceptions and providing essential insights for couples living apart for various reasons.

By comprehensively examining the living arrangement criteria, we help potential applicants grasp the flexibility and requirements of the law, ensuring they are better prepared for their application process.

When applying for a Partner Visa in Australia, it is crucial to understand the different categories available and the specific eligibility requirements that must be met.

This knowledge is vital to ensuring the correct application process and adequately preparing and providing the necessary evidence to demonstrate the relationship’s legitimacy, whether married or de facto.

Different Categories of Partner Visas

Subclass 820/801 (Onshore Partner Visa)

Subclass 820 is the temporary visa and the first step towards a permanent Subclass 801 visa. It allows the visa holder to live in Australia with their partner temporarily, typically granted until the permanent Subclass 801 visa is processed.
Subclass 801 is the permanent stage of the onshore Partner Visa, which can be applied after two years of holding the Subclass 820 visa, provided the relationship still exists and other criteria are met.

Subclass 309/100 (Offshore Partner Visa)

Subclass 309 is a temporary visa for applicants outside of Australia. It works similarly to Subclass 820 and allows the visa holder to enter and stay in Australia while the permanent stage is processed.
Subclass 100 is the permanent counterpart to Subclass 309 and can be applied for after the relationship has continued for two years from the date of application of the Subclass 309 visa.

Each pathway requires applicants to provide proof of their relationship and meet various eligibility criteria, emphasizing the importance of understanding which category best suits one’s situation and how to compile and submit the required documentation effectively

De Facto Relationships vs. Marriage

Understanding the distinction between de facto relationships and marriages is crucial when applying for a Partner Visa;

Married Couples – Must provide a marriage certificate and additional proof that their marriage is recognized legally in every country where it is relevant, not just in Australia. The relationship criteria are the same, but the legal recognition of marriage can simplify some aspects of the proof required.
De Facto Couples – Must demonstrate they have lived together for at least 12 months immediately before applying unless there are compelling and compassionate circumstances to waive this requirement. The 12-month cohabitation requirement is critical, as it provides concrete evidence of the relationship’s permanence and depth. However, if couples have not lived together for this duration, they must provide substantial evidence of their commitment and the reasons for separation.

Cohabitation Requirements Explained

Understanding the cohabitation requirements is pivotal for many couples applying for a Partner Visa in Australia.

Australian immigration law stipulates what constitutes cohabitation and how it impacts the visa application process.

Let’s clarify these requirements, explore any applicable exceptions, and discuss the types of evidence that are most effective in proving cohabitation.

Definition of Cohabitation under Australian Immigration Law

Cohabitation is defined as living together in a shared residence where both partners combine their affairs to resemble a marriage or a de facto relationship. This involves more than just sharing an address; it encompasses the integration of the partners’ financial, social, and personal aspects of their lives. For immigration purposes, proving this shared living arrangement is crucial as it demonstrates the genuine and continuing nature of the relationship
General Rule – For de facto couples, the standard requirement is to have lived together for at least 12 months immediately preceding the application. This continuous period of cohabitation serves as a baseline to establish the relationship’s stability and depth.
Exceptions to the Rule – Exceptions to the 12-month cohabitation requirement can be granted under certain circumstances. These include –
Registered Relationships – Couples who have registered their relationship in an Australian state or territory may have the 12-month requirement waived. Registration is a formal recognition of the relationship, akin to civil union statuses available in some jurisdictions.
Compelling and Compassionate Circumstances – Situations such as childbirth or severe illness may lead to exceptions from the cohabitation rule, provided sufficient evidence is submitted to support the claim.

Minimum Duration of Living Together

General Rule – For de facto couples, the standard requirement is to have lived together for at least 12 months immediately preceding the application. This continuous period of cohabitation serves as a baseline to establish the relationship’s stability and depth.
Exceptions to the Rule – Exceptions to the 12-month cohabitation requirement can be granted under certain circumstances. These include –
Registered Relationships – Couples who have registered their relationship in an Australian state or territory may have the 12-month requirement waived. Registration is a formal recognition of the relationship, akin to civil union statuses available in some jurisdictions.
Compelling and Compassionate Circumstances – Situations such as childbirth or severe illness may lead to exceptions from the cohabitation rule, provided sufficient evidence is submitted to support the claim.

Evidence Needed to Prove Cohabitation

Proving cohabitation is about demonstrating not only a shared residence but also a shared life. The following types of evidence are commonly used

Utility Bills – Bills for electricity, water, internet, and other services addressed to both partners at the same address help corroborate the claim of a shared residence.

Joint Bank Accounts and Financial Commitments – Statements from joint accounts used to pay household expenses provide evidence of financial cohabitation.

Correspondence – Official letters or packages sent to both partners at the same address can serve as additional proof.
Joint Lease or Mortgage Documents – The presence of both names on a lease or mortgage document strongly indicates cohabitation.

Statutory Declarations from Friends and Family – Written statements by close associates attesting to the cohabitation can support the application, especially when other forms of documentation are lacking.

Importance of Cohabitation Evidence in the Application Process

Immigration officers scrutinize the evidence of cohabitation closely to assess the authenticity of the relationship. Inconsistent or insufficient evidence can lead to doubts about the relationship’s genuineness, potentially resulting in visa refusal.

Therefore, compiling robust and comprehensive documentation showing cohabitation is crucial for a successful Partner Visa application.

This part of the application satisfies a legal requirement and tells a story of partnership and mutual commitment.

Applicants are encouraged to present this evidence organized and compellingly, ensuring all documentation is up-to-date and relevant.

For many couples, particularly those unmarried or without children, cohabitation evidence often becomes the cornerstone of their application, underscoring the need for meticulous preparation and presentation.

Managing Separations and Exceptions

While the default expectation for Partner Visas often includes cohabitation, Australian immigration law acknowledges that genuine relationships can withstand periods of physical separation for valid reasons.

Understanding how to manage and correctly document these separations can be crucial for couples living apart during the application process.

Circumstances Allowing Temporary Separation

Work Commitments – One partner may need to live elsewhere temporarily due to work obligations, such as long-term assignments or projects requiring travel away from the usual residence.

Educational Pursuits – Partners may also live apart if one or both are studying at educational institutions in different cities or countries. This is often seen with couples who begin their relationships while studying and continue them into their professional lives.

Demonstrating Commitment Despite Physical Separation

Communication Records – Regular communication through calls, texts, emails, and video chats can demonstrate that the relationship continues robustly despite physical distance.
Visits and Travel Records – Tickets, travel receipts, and photographs of visits can help prove that the couple makes efforts to maintain their relationship. These show that both partners prioritize spending time together whenever possible.
Future Plans – Documenting plans for living together after the period of separation, such as lease agreements or home purchases that commence post-separation, strengthens the case for a genuine partnership.

Examples of Successful Navigation of Separations

Case Study 1 – A couple where one partner was stationed in a remote location for military service managed to maintain their relationship through daily communications and monthly visits. Their documentation included a detailed log of their daily calls and emails, plus travel receipts for the visits made during leaves.

Case Study 2 – Another couple lived on different continents while one partner completed a doctoral program. They provided evidence of their ongoing engagement through chat logs, plane tickets for their bi-annual visits, and a joint bank account used to manage shared expenses during their time apart.

These examples highlight the importance of maintaining and documenting a connection that transcends physical proximity.

They illustrate that with sufficient evidence of ongoing commitment and plans for future cohabitation, couples can overcome the challenges of temporary separations in their Partner Visa applications.

Tips for Strengthening Your Application Without Cohabitation

Navigating the Partner Visa application process without the benefit of cohabitation requires a strategic approach to demonstrate the legitimacy and depth of your relationship.

Here are practical tips and alternative forms of evidence that can enhance your application;

Comprehensive Communication Logs – Compile detailed records of daily communications, including texts, emails, video calls, and social media interactions. These logs can demonstrate the continuity and emotional depth of your relationship.
Proof of Financial Interdependence – Even if you don’t live together, sharing financial responsibilities can strengthen your case. Show evidence of joint bank accounts, shared investments, or financial support provided to one another.
Legal Documents Featuring Both Partners – Include documents like joint insurance policies, wills where the other partner is a beneficiary, or power of attorney documents that show trust and long-term planning.
Travel Records and Holiday Documentation – Keep records of all the travels you’ve undertaken together, including tickets, photos, and hotel bookings, to illustrate that you spend quality time together whenever possible.
Affidavits from Friends and Family – Gather written statements from close relatives and friends who can testify to your relationship and provide insights into how they perceive your partnership and its sincerity.

CONCLUSION

We’ve highlighted that through careful preparation and the right documentation, couples can demonstrate the legitimacy of their relationship even in the absence of cohabitation.

For couples navigating this path, it’s essential to understand that every relationship is unique, and a tailored approach to your application is crucial.

Consulting with a professional can help ensure that your application thoroughly represents your partnership.

If you’re preparing for a Partner Visa and facing challenges from not living together, don’t hesitate to ask for expert guidance.

Our migration agent in Perth specialize in complex visa applications and are here to help you navigate your journey with personalized advice.