Giving Back              Success Stories              News & Update               Careers  

Can You Get an Australian Partner Visa If You Are Not Living Together?
Emigrate Lawyers | Immigration & Family Lawyers Emigrate Lawyers | Immigration & Family Lawyers

Can You Get an Australian Partner Visa If You Are Not Living Together?

Yes, an Australian Partner Visa can sometimes be granted even if a couple is not living under the same roof. But “we are genuine” is not enough by itself. For a spouse or de facto Partner Visa, Home Affairs looks at whether the relationship is genuine and continuing and whether the couple lives together or is not living separately and apart on a permanent basis.

Build a clear timeline of the time you spent apart

Separate addresses can create questions that are easier to answer with a timeline than with hundreds of screenshots. Record when you lived together, when you lived apart, the reason for each period and how you kept the relationship going.

Distinguish a temporary physical absence from an actual relationship separation. A work placement, a visa restriction and a relationship breakdown are not interchangeable explanations. Describe the facts accurately, including changes in plans.

What can you prepare?

  • Records explaining the reason for the distance, where available.
  • Visits and travel records placed in date order.
  • Selected communications with enough context to understand them.
  • Evidence of ongoing shared decisions or responsibilities.
  • A realistic explanation of plans to live together.

If you have never shared a home, say so. Do not invent a cohabitation period or use a postal address to imply that you lived somewhere. Whether the relationship meets the relevant spouse or de facto requirements needs separate assessment.

The useful question is not simply “how many messages should we upload?” It is “what does our material show about the relationship during this period?” Read our commitment guide for practical prompts. Couples applying from overseas can also start with the 309/100 pathway.

Talk to Emigrate Lawyers about your circumstances · 1300 807 134

This issue is increasingly common for couples separated by work, caring responsibilities, high rent, religion, study or interstate employment. It is also a frequent question in Australian visa forums. The legal issue is not simply whether two addresses appear on the application; it is whether the evidence shows a shared life despite the temporary or practical separation.

Does a de facto couple have to live together every day?

No rule requires a couple to spend every night at the same address. However, de facto applicants must establish more than dating. The relationship should have the characteristics of a shared life, and any separate living arrangement should be consistent with the couple not living permanently apart.

What if you registered your relationship?

A recognised relationship registration can remove the ordinary 12-month de facto duration requirement in relevant Partner Visa cases. It does not automatically prove the entire de facto relationship. You still need evidence of financial arrangements, household circumstances, social recognition and mutual commitment.

Common reasons couples live apart

  • FIFO or interstate work.
  • University or professional training in different cities.
  • Caring for a sick or elderly parent.
  • Religious or cultural expectations before marriage.
  • Housing affordability or fixed leases.
  • Temporary overseas employment.

What evidence helps when you have separate addresses?

  • A clear statement explaining why you live apart and why the arrangement is temporary or practical.
  • Travel between each other’s homes and evidence of regular overnight stays.
  • Shared expenses, transfers or financial planning.
  • Joint trips and major purchases.
  • Messages and calls while apart.
  • Evidence that family and friends recognise you as a couple.
  • Future plans for living together.
  • Documents showing the caring, employment, study or housing reason for the separation.

Case example

A couple had been together for two years but lived in different suburbs because the Australian partner cared for a parent following a stroke. They stayed together most weekends, travelled together and had registered their relationship. Their Partner Visa evidence explained the caring arrangement, included medical and family context, documented regular stays and showed a concrete plan to establish one household once the caring responsibilities reduced.

What can make a living-apart case weak?

Risk increases where the couple has never shared any domestic life, cannot explain why they maintain separate homes, has little financial interdependence, rarely spends time together, or gives inconsistent accounts about future plans. Registration should not be used as a substitute for the real relationship evidence.

For the complete onshore and offshore pathways, see our 820/801 Partner Visa hub, 309/100 Partner Visa hub and Partner Visa lawyers Australia hub.

General information only. Living apart cases should be assessed against the actual spouse or de facto criteria and the reason for the separate addresses.

Legal review

Reviewed by , Principal Lawyer

Date reviewed: 29 June 2026

Categories

Recent News

Tag Cloud