Do You Have to Be Living Together for Partner Visa?

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?

• 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

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.