Securing an Australian Partner visa often poses questions about the necessity of living with your partner as a prerequisite. The answer may surprise many: living together beforehand is not an absolute requirement.
Legal guidelines governing de facto or spousal relationships offer two pathways:
- Cohabitation: Living together without the benefit of marriage.
- Non-Separation on a Permanent Basis: Not living separately and apart on a permanent basis.
Disrupting the misconception that a specific duration of cohabitation, typically a year, is mandatory for a successful Partner visa application is essential. Various successful cases exemplify partners who adhere to cultural or religious norms, or who are in long-distance relationships living together only post marriage.
Courts have provided crucial clarifications in this context. In a notable case, ‘living separate and apart’ extended beyond physical cohabitation to consider a couple’s behaviours in co-existing throughout their relationship. The law does not demand partners to reside in the same premises before lodging the visa application.
The assessment of ‘living together’ for a Partner Visa investigates:
- Combined Lives: Evaluating the physical and mental aspects of living together as a unit.
- Absence of Separate Households: Ensuring no indicators suggest living separate lives as distinct households.
These examinations are substantiated through four key relationship factors: financial arrangements, the nature of the household, social dynamics, and the level of commitment.
The legal precedent set indicates that while prior cohabitation is not obligatory for a Partner visa, demonstrating a genuine, exclusive, and committed relationship remains pivotal. Furthermore, justifiable grounds for not living together such as religion are recognised as valid explanations without compromising the intent for a shared life.
SZOXP’s persistence in establishing this case underpins the complexities of immigration processes and the significance of adept legal representation. It also highlights the viability of Partner Visas as an immigration pathway for unmarried couples not living together.
For comprehensive insights into Partner visa eligibility and personalised guidance, connect with our team for further information and assistance.
