Can I submit a Partner Visa Application Without Living Together with My Partner?

Many people are often unsure about the requirements for a Partner Visa application, particularly the aspect of “living together”. It’s important to note that you can still apply for a Partner Visa in Australia even if you and your partner are not living together. This is because the legal requirement for a Partner Visa is that you and your partner must demonstrate a genuine and continuing relationship. It’s not about physical proximity, but about the strength of your bond. You and your partner must also demonstrate that neither of you will live apart permanently.

So, if you’re currently in a long-distance relationship or long-distance marriage, there’s no need to panic. The Partner Visa application process is designed to be flexible, and you can still apply and may still be granted the visa as long as you’ve provided strong evidence, as we explain below.

What is the relationship requirement for a Partner Visa?
To apply for a Partner Visa in Australia, you must be either married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Additionally, your relationship must be genuine and ongoing. You and your partner must also not live apart permanently.

As seen in the requirement above, the Migration Act of Australia doesn’t require the partners to live together to apply for a Partner Visa. However, living together with your partner can be sound evidence of your de facto relationship, which is vital for your Partner Visa application.

Can I be in a de facto relationship without living together?
You can’t be in a de facto relationship without living together with your partner. The Australian Government requires you to live together with your partner for at least 12 months to claim your de facto relationship.

However, if the situation doesn’t allow you to live together continuously for 12 months, you can still claim your de facto relationship by registering your relationship. However, note that you are still required to have spent time living together with your partner.

How can I prove a de facto relationship for a Partner Visa if I have not been living together?
If you’re not living together with your partner, it can be challenging to prove your de facto relationship. However, the following documents may help to support your claim for the Partner Visa application:

De facto registration certificate: This certificate, which you can obtain by registering your relationship with the state or territory government agency, is a strong piece of evidence for your Partner Visa application. However, it’s important to note that Western Australia and the Northern Territory currently don’t provide this certificate for Partner Visa application purposes.

1. Lease agreement: Even if you’re not currently living together, a joint lease agreement can serve as proof that you and your partner have plans to live together in Australia continuously, which is a key aspect of a genuine and ongoing relationship for the Partner Visa application.
2. Financial aspect: You can provide evidence of fund transfers to demonstrate your financial commitment to supporting each other or any savings you share for your future.
3. Social aspect: You can provide photos, messages, documentation of joint attendance at social events, and statements from family and friends who witness your genuine and ongoing relationship.
4. Statutory declaration: Writing your relationship story in a statutory declaration can strengthen your application. You can explain in detail about how you met, the financial arrangement, living arrangement and plans.

Each relationship and case is unique, and your situation may require a different and tailored checklist. We strongly recommend considering a personal consultation session with our Registered Migration Agent to discuss this further and ensure your application is as strong as possible.