Do You Have to Be Living Together for Partner Visa?

Last Update

Do You Have to Be Living Together for Partner Visa?

Will your current relationship with your partner allow you to apply for a partner visa?

You have been in a long term relationship with someone and are interested in applying for a partner visa. You’d like to know whether you can bring your partner to Australia even if you do not live together. 

There is a misconception that the partner of an Australian citizen can only apply for a partner visa if both are living and have lived together. However, a partner visa may actually be granted to a couple even if they live separately, provided that other key relationship requirements are proven. 

In this article, we will discuss the eligibility of the de facto partners for an Australian partner visa and how the de facto relationship can be proven. A de facto relationship or a domestic relationship is defined as a type of relationship by couples who live together but are not married or joined by civil union. 

We will also discuss in detail the different kinds of evidence that may be used to prove that the relationship is genuine and continuing.

Can You Apply For Partner Visa If You Don’t Live Together?

The Migration Act of Australia does not necessarily require that partners live together in order for one to be eligible for a partner visa. A de facto relationship is recognisable under Australian Migration laws and a partner may be eligible for a partner visa when it is proven that there is a genuine de facto relationship with the Australian partner. 

Therefore, the answer is yes. It is possible to apply for a partner visa even if the couple do not live together. The Department of Home Affairs will determine the genuineness of the relationship based on the evidence presented. Cohabitation is not mandatory but evidence of living together is sound evidence of a de facto relationship.

A de facto relationship can be proven in different ways such as through partnership agreements, shared bank accounts, utility bills, rental agreements and joint ownership of property and through testimonies of friends and relatives and people in the community.

How can a de facto relationship be proven?

De-Facto Relationship
  • Living together: most couples in an ongoing relationship decide to live together. There are instances where they may live apart due to some circumstances. Living together for 12 months is not a prerequisite. If the couple has lived together, even just for a short period of time, this will suffice to meet the requirement.
  • Lease contracts:  If leasing, joint lease agreements and rental contracts will serve as evidence. The commitment and duration of the relationship may be proven by photos, travel itineraries and correspondence or messages between partners.
  • Financial aspect: In terms of the financial aspect, joint bank accounts, evidence of shared expenses such as groceries, rent or mortgage will serve as evidence of the duration and togetherness of the couple.
  • Social Aspect: The couple may prove the genuine and continuing relationship through photos, messages, joint invites or attendance at social events, joint subscriptions and statements of family and friends testifying the genuine and continuous nature of the relationship.
  • Statutory Declaration: A statutory declaration may also be provided by the partners detailing the history of their relationship. Details such as how the partners met, their financial arrangement, living arrangement and future plans may be included in the declaration.

Partner Visa Relationship Requirements

Partner Visa Requirements

There are several requirements that need to be met for a partner visa. As mentioned earlier, marriage to the other partner is not a prerequisite.  A de facto relationship may still exist even if one partner is still legally married to another. These are the requirements for a partner visa inside a de facto relationship.

  • Must be in a genuine relationship with the Australian partner
  • This can be shown through joint lease agreements, bank accounts, financial commitments, correspondence addressed to both partners in the same address, testimonies and statutory declaration.
  • The spouse of the de facto partner must be the one to sponsor you.
  • The sponsor must be in Australia during the application. The partner visa applicant must also be in Australia.
  • They can be in or outside Australia when the temporary visa application is decided.

Seek Expert Help From Parish Patience for Your Partner Visa Application

Parish Patience Immigration Lawyers are the best at assisting these types of visa applications. You may find yourself encountering difficulties in collecting valid documentary evidence or you might be confused as to what types of evidence can be presented in order to prove the de facto relationship.

It is important that a complete and comprehensive documentation is compiled and that the documents are that which are acceptable under the migration law. 

Look no further because Parish Patience Immigration Lawyers are here to help. We will assist you in compiling the best evidence to prove a de facto relationship. We will take care of you from start to finish and even provide further assistance and follow-up. 

Save time and money and free yourself from stress today. Contact Parish Patience at ppmail@ppilaw.com.au or call them at 02 9286 8700. 

Need Visa Assistance?

Talk to one of our Visa Experts Now.

Success Stories of 410 Highly Rated Reviews


Our customers are always happy to share their thoughts with us.
Here is what some of them had said!

Haroon Parvez

The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .

W. A.

Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!

J P

Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.

Alaa Omer

Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.

Jabir Ibna Mohammad

I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.

Speak to an Immigration Lawyers Sydney!


Parish Patience gives efficient assistance to those who would like to apply for a partner visa but are uncertain with regard to their eligibility.

Parish Patience Lawyers will help identify the kinds of documents that are best evidence in order to prove a de facto relationship. With their assistance, you will be able to save time on identifying what kind of evidence you can gather and focus on compiling them.

Our Accreditations

    Solve your Visa Problems


    Parish Patience Immigration Lawyers Sydney
    Parish Patience Immigration Lawyers Sydney
    Google star 1Google star 2Google star 3Google star 4Google star 5.0.7
    4.7500 Google reviews
    Posted on Google Google
    Kumar Venkatasubramanian profile picture
    Kumar Venkatasubramanian
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    Our process was a little complicated. But we got the right advice from Shan through the 2 years the process was on before we successfully completed it recently.
    Posted on Google Google
    Abdullah warsi profile picture
    Abdullah warsi
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    I received my PR after 2 years and a few months, and I am very thankful to the whole team. The process required a lot of patience, but they supported me throughout every step. Shan Sir is an excellent lawyer, and Usman helped me a lot during my case. They always provided professional service, answered my questions, and guided me whenever I needed help. Thank you to everyone at Parish Patience Immigration Lawyers for your hard work and support. I truly appreciate everything you have done for me and would highly recommend your services.
    Posted on Google Google
    Md Mojnu profile picture
    Md Mojnu
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    Always happy
    Posted on Google Google
    shahid khan profile picture
    shahid khan
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    I trusted Parish Patience with my migration and skills assessment process and unfortunately had a very disappointing experience. Initially, I was advised by Mr Golam and Upasana to proceed with my Subclass 485 pathway. Based on their advice, I paid for skills assessment and also completed a PTE exam. However, I later found out that an important requirement for my VETASSESS application — having at least one year of relevant post-qualification work experience — had not been clearly explained to me before lodging the application. My application was submitted using work experience from before my studies and the outcome was negative. After that, I was advised that applying through Engineers Australia using the CDR pathway would be easier and would give me a better chance of receiving a positive skills assessment outcome. I followed their advice again, paid additional fees, but unfortunately received another negative outcome. During this process, two separate Subclass 485 visa applications were lodged and later withdrawn. I experienced significant financial loss through application fees, assessments, and English testing costs. I was fortunate that I still held a valid student visa, which made it possible to withdraw the applications without further complications. From my personal experience, I felt the communication, assessment of eligibility, and overall service quality were poor. I also did not receive any compensation or satisfactory resolution for the losses I experienced. I hope future clients receive clearer advice about eligibility requirements and possible risks before committing financially.
    Posted on Google Google
    hamza maan profile picture
    hamza maan
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    Yes, if Gabriel Mackenzie, Diana Tong, and Connie Lai all worked on your case, it’s a nice touch to mention them by name: ⭐⭐⭐⭐⭐ I would like to sincerely thank Gabriel Mackenzie, Diana Tong, Connie Lai, and the entire team at Parish Patience Legal & Migration Services for their outstanding support throughout my visa journey. Their professionalism, knowledge, and dedication were exceptional from start to finish. They kept me informed throughout the process, answered my questions promptly, and provided clear guidance every step of the way. Thanks to their hard work and expertise, I successfully obtained my Subclass Permanent Residency visa. The team genuinely cared about achieving the best outcome for my case and made what could have been a stressful process much easier to manage. I highly recommend Parish Patience Legal & Migration Services to anyone seeking trustworthy and professional migration assistance. Thank you again for helping me achieve such an important milestone in my life.
    Posted on Google Google
    Shankar Barua profile picture
    Shankar Barua
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    Parish patience immigration Lawyer service and everything just excellent . Before i had another lawyer exprience too. so i could compared . Moreover ,Honerable Mr. shan is great lawyer i had ever seen . Thanks a lot whole team.
    Posted on Google Google
    Abbas Khan profile picture
    Abbas Khan
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    I cannot thank Shan and his entire team Devika Veluchamy, usman ali,enough for the incredible work they did on my protection visa case. After a long and stressful journey, my protection visa has finally been approved, and I truly believe this would not have been possible without their hard work, professionalism, dedication, and support throughout the entire process. Shan handled my case with great care, honesty, and deep knowledge of immigration law. He was always professional, patient, and genuinely supportive during one of the most difficult times of my life. His assistants and the whole team were also extremely kind, responsive, and helpful whenever I had questions or needed assistance. I highly recommend Shan and his entire team to anyone dealing with immigration or protection visa matters. Thank you again for everything you have done for me and my future. I will always be grateful. — Abbas Khan
    Posted on Google Google
    Shariar Mustafa profile picture
    Shariar Mustafa
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    I had a very positive experience with Parish Patience Immigration Lawyers. Their team was professional, knowledgeable, and supportive throughout the entire immigration process. They explained every step clearly, answered my questions patiently, and always kept me updated on my case progress. Specially Shaan he is the best !!!! Very professional and always willing to listen and guide us through What stood out the most was their attention to detail and genuine care for their clients. Immigration matters can be stressful, but they made the process much smoother and gave me confidence from start to finish. I truly appreciate their hard work, honesty, and dedication. I would highly recommend Parish Patience Immigration Lawyers to anyone looking for reliable and experienced immigration assistance.
    Posted on Google Google
    Rakibull Ahasan profile picture
    Rakibull Ahasan
    Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
    SC191 Experience with Parish Patience: I recent processed my sc191 application through parish patience and the experience was great. My lawer, Usman Ali, assisted me in each step of the application and kept me informed throughout the process and always responded promtly to my enquires. I would highly recommend Parish Patience to those, who are seeking a reliable agency for their visa or PR application. SC491 Experience with Parish Patience: Parish Patience has been tremendous help for me and my partner's visa application. The lawer and the agent that I have worked with are extremely profession and provides genuine advice. They understand client's inquiry and response promptly. They provide clear step by step instruction, and maintain transparent communication throughout the process.