Can You Get a De Facto Partner Visa Without Living Together?
A de facto relationship that begins online and continues across distance for years may seem like an unlikely foundation for a successful Partner Visas Australia application.
That was exactly the advice this couple initially received.
After consulting multiple advisers, they were discouraged from applying for a de facto partner visa. The consistent message was clear: without living together, their chances of success were too low to justify proceeding.
However, that advice did not fully reflect how Australian migration law operates.
With the right legal strategy and carefully structured evidence, this couple was able to demonstrate that their relationship met the legal criteria and ultimately secured visa approval.
This case highlights a critical point: while cohabitation can strengthen a de facto partner visa application, it is not a strict legal requirement. What matters most is whether the relationship is genuine, continuing and mutually committed.
The Background
The couple initially connected online and developed their relationship over approximately three years before meeting in person. Following that first meeting, they continued their relationship while residing in different cities.
Their living arrangements were shaped by practical circumstances rather than any lack of commitment, including:
- Ongoing work obligations in separate locations
- Study commitments
- Travel limitations during certain periods
Despite the distance, they maintained consistent communication and made regular efforts to spend time together in person.
They ultimately decided to proceed with a partner visa application on the basis of a de facto relationship.
The Key Challenge: No Cohabitation
A common misconception is that couples must live together continuously to qualify for a de facto partner visa.
In reality, Australian migration law assesses relationships holistically, considering factors such as:
- Financial interdependence
- The nature of the household (including reasons for living apart)
- Social recognition of the relationship
- The degree of mutual commitment to a shared life
Where couples do not live together, the application becomes more complex. In particular:
- Decision-makers expect stronger alternative evidence
- The reasons for separation must be clearly explained
- The relationship must be distinguished from casual or purely long-distance dating
These complexities were precisely why the couple had initially been advised not to proceed.
How the Application Strengthened
The success of this case rested on the depth, consistency and strategic presentation of evidence.
- Travel Evidence
- Financial Evidence
- Communication Records
- Personal and Relationship Evidence
Importantly, all documentary evidence aligned closely with the couple’s statutory declarations. This consistency significantly strengthened the credibility of the application.
The Outcome
Within approximately one and a half years of lodgement, the applicant was granted a temporary Partner visa, an efficient outcome given the added complexity of a non-cohabiting relationship.
This outcome demonstrates that even in the absence of cohabitation, a de facto relationship can be recognised where there is:
- A genuine and ongoing commitment
- Regular communication and in-person contact
- Clear financial and emotional interdependence
- Well-prepared and consistent supporting evidence
Notably, the relatively streamlined processing timeframe highlights the impact of a well-prepared application, where clear, organised and persuasive evidence can assist in facilitating a more efficient assessment.
Key Insight: Living Together Is Not Mandatory
While living together is often persuasive evidence, it is not a legal prerequisite for a de facto partner visa in Australia.
However, where couples live apart, the evidentiary burden is higher. Applicants must clearly demonstrate:
- The relationship is genuine and continuing
- The separation is due to legitimate and explainable circumstances
- There is a shared life to the extent possible despite distance
In such cases, the quality and structure of evidence often determine the outcome.
For a deeper explanation of how living arrangements are assessed in partner visa applications, see our blog: Do you have to be living together for partner visa?
Final Takeaway
This case illustrates that partner visa success is not defined by traditional relationship structures alone. Long-distance de facto relationships can meet the legal threshold, provided they are properly evidenced and strategically presented.
At Brightstone Migration, we assist clients in navigating complex partner visa scenarios, including long-distance relationships, by ensuring their evidence aligns with the expectations of the Department of Home Affairs and presents a clear, compelling narrative.
If you are unsure about your eligibility or have been advised that your circumstances are “too difficult,” it may be worth obtaining a second opinion.
This article is based on real cases handled by immigration lawyers at Brightstone Migration. It was written and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to share practical insights and experience. The content is for reference only and does not constitute specific legal advice.
Last updated: 23/04/2026
Testimonial
Anonymised Client
Successful partner visa outcome, supportive team
I have used Brightstone service to help me with my partner visa application and I have absolutely no regrets at all (application was successful btw). They are extremely professional and informative and helped me through the whole process so that I don't have to worry about a thing. They made sure I had no doubts about how the application works and gave me the confidence over it. Before going with Brightstone, I have considered other law firms who deals with immigration visas. Both were dismissive and didn't see any point in doing Partner visa saying its a waste of time and wouldn't be successful. Only Brightstone believed in my application and how it could be successful and so I am very thankful for their help, in particular Mei and Lily who has been very helpful and kind.
