One of the most common questions about the Partner visa (Subclass 820/801) is whether you can apply as a de facto couple if you haven’t lived together yet. Perhaps you and your partner have a strong relationship but life circumstances — such as study, work, or different visa conditions — have kept you in separate homes.
The short answer is: it may be possible, but it’s complicated. Here’s what you need to know.
What Is a De Facto Relationship Under Migration Law?
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Under the Migration Regulations, a de facto relationship requires the couple to have a mutual commitment to a shared life to the exclusion of all others. The regulations consider several factors when assessing the relationship, including the nature of the household, the social aspects of the relationship, financial arrangements, and the nature of the commitment to each other.
Importantly, the regulations do include an allowance for couples who are not currently living together, provided they are not living apart on a permanent basis. This means that temporary separations — such as one partner taking an overseas work assignment — may not necessarily disqualify the relationship.
Can You Apply Without Ever Having Lived Together?
While the regulations technically allow for couples who are not cohabiting, applying for a partner visa when you have never lived together is significantly more challenging. The Department will closely scrutinise the relationship, and the lack of cohabitation history makes it harder to demonstrate the “nature of the household” — one of the key assessment criteria.
If you have a Relationship Certificate (registered relationship) from an Australian state or territory, this can help strengthen your case. A registered relationship is specifically recognised under the regulations and can be used as evidence of the commitment between the parties, even in the absence of cohabitation.
What Are the Risks?
The main risks of applying for a de facto partner visa without a cohabitation history include:
- Higher scrutiny: The Department may request additional evidence or conduct interviews to verify the genuineness of the relationship
- Request for further information: You may receive a request for additional evidence about your living arrangements, financial interdependence, and social recognition of the relationship
- Possible refusal: If the Department is not satisfied that the relationship meets the definition of a de facto relationship, the application could be refused
- Visa status implications: If you’re applying onshore and your current visa expires, a refusal could leave you without a valid visa
How to Strengthen Your Application
If you’re in this situation, there are several steps you can take to strengthen your case:
- Register your relationship: If your state or territory allows it, a registered relationship certificate provides strong evidence of your commitment
- Provide a compelling narrative: Explain clearly why you haven’t lived together and what your plans are for cohabitation in the future
- Show financial interdependence: Joint bank accounts, shared expenses, or financial support between partners can demonstrate the relationship
- Gather strong social evidence: Statutory declarations from friends and family, photos together, travel history, and communication records all help
- Consider the Prospective Marriage visa: If you’re not yet married and haven’t lived together, a Prospective Marriage visa (Subclass 300) might be a more appropriate pathway
Need Help With Your Partner Visa?
Every relationship is unique, and applying for a partner visa without a cohabitation history requires careful preparation and strong evidence. We can help you assess your eligibility and build the strongest possible case.
For help assessing your relationship history and the evidence for an application in Australia, see our 820/801 partner visa service.
Related Articles You May Find Useful
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- What Happens to a 485 Dependent If the Primary Visa Holder Moves to a 482?
- Planning to Combine Courses for Your Subclass 485 Visa? Read This First.
- Condition 8101 on Your Bridging Visa: How to Apply for Work Rights
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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