The basic answer is No – You do not have to be living together to apply for the partner visa.
There is a misconception amongst many people that you have to be living together for 12 months before you can apply for the partner visa. This is INCORRECT.
The legal requirements for a de facto partner or spousal relationship is that you EITHER:
- live together; or
- do not live separately and apart on a permanent basis.
In fact, we have had many successful experiences dealing with long-distance relationships or relationships where cultural or religious traditions means they are unable to live together until after marriage. The fact they have not been living together does not prevent them from applying for a partner visa.
There have been cases where the courts have clarified this legal definition. In one famous case, the term ‘live separate and apart’ was interpreted not to mean ‘cohabitation’ but rather where the couple lives their lives together. There is no requirement that the couple physically reside in the same premises prior to the application.
The factors that should be assessed for ‘living together’ in a partner visa application are:
- Physical and mental elements of living their lives together and combined; and
- Whether there is any information indicating that they are living their lives separately as separate households.
These are then demonstrated through the 4 factors of the relationship; financial, nature of household, social and nature of commitment.
If you feel unsure whether you qualify for the partner visa, you should enquire with us for a free assessment on your eligibility. If you do qualify, then we can book in a consultation where will then form an opinion on the degree of difficulty you may face with an application and provide you with further advice and strategies.
You may consult with us to find out more.
Need to consult with us? Book an appointment today.
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How we will help
Fill in the questionnaire here and we will call you for an obligation-free assessment. During this phone call we will run through your initial concerns and needs and book in a time for a more detailed consultation.
Our consultation session runs for 30 minutes which will allow us to present to you a detailed strategy to meet the concerns and needs you presented to us in our initial phone call.
Our fee is $150 + GST for a 30 minute session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.
Settling the strategy and getting started
At the consultation, we will generally present to you a few selections of the best strategies.
We will also balance the time required, costs and difficulty so that you can choose the strategy you are most comfortable with.
Then we will handle everything on your behalf.