Do You Need to Live Together to Apply for a Partner Visa in Australia?

Date: 15 July 2025

The answer depends on whether

you are applying as a spouse or as a de facto partner, and
whether your circumstances satisfy the statutory definitions contained in the Migration Regulations 1994

For Subclass 820/801 (onshore) and Subclass 309/100 (offshore) Partner visas, the legislative definitions of “spouse” and “de facto partner” are determinative.

The Statutory Definitions

Both definitions of Spouse (Regulation 1.15A) and De facto Partner (Regulation 1.09A) require that the couple must:

Have a mutual commitment to a shared life as a married couple or de facto couple;
Have a genuine and continuing relationship;
Live together, or not live separately and apart on a permanent basis;
Are not related by family (for de facto partners);
Are not in a relationship with another person.

The phrase “live together, or not live separately and apart on a permanent basis” is central to the cohabitation question.

1. If You Are Married

Living together is strong evidence of a genuine relationship, but temporary separation does not automatically disqualify you. You must demonstrate that the relationship is:

Genuine & Continuing
To the exclusion of all others
Not entered into for migration purposes

When Separation May Be Acceptable

In these cases, you must clearly explain:

Why you are living apart
How long the separation has lasted
How you maintain your relationship during separation
Your plans to resume living together

Unexplained long-term separation can raise credibility concerns, and it’s best to seek advice from a Registered Migration Agent.

2. If You Are in a De Facto Relationship

For de facto applicants, the cohabitation requirement is stricter. Subclass 820 and 309 require that the de facto relationship has existed for at least 12 months immediately before the application is made, unless an exemption applies.

The 12-Month Requirement

In most cases, de facto couples must show they have been in the relationship for at least 12 months immediately before applying, unless:

The relationship is formally registered in an Australian state or territory, OR
There are compelling and compassionate circumstances

You can register your relationship in Victoria (VIC), New South Wales (NSW), Queensland (QLD), the Australian Capital Territory (ACT), Tasmania (TAS) and South Australia (SA).

However, Western Australia (WA) and the Northern Territory (NT) do not currently have relationship registration schemes. If you live in these jurisdictions, you would generally need to either meet the 12-month de facto requirement or consider registering in an eligible State or Territory, subject to their residency rules.

Is Cohabitation Strictly Required?

The key legal distinction is between:

Temporary separation, which may still satisfy the Regulations; and
Living separately and apart on a permanent basis, which does not.

If the evidence indicates that the parties are maintaining separate lives without the intention to resume a shared life, the statutory definition will not be met.

This applies equally to married and de facto applicants.

How the Department Assesses This

Cohabitation is assessed holistically, not solely by reference to address history. In determining whether parties live together or are not living separately and apart permanently, the Department examines evidence across the four relationship factors set out in Schedule 2: