One of the most common questions asked by couples applying for an Australian de facto partner visa is:
“Do we have to live together to be approved?”
The answer, supported by legislation and binding case law, may surprise you.
Many couples worry unnecessarily about the “living together” requirement — particularly if they have never lived together due to work, visa issues, family obligations, or international borders.
This article explains exactly what paragraph 5CB(2)(c) of the Migration Act 1958 requires, what the law does not require, and what you can do to prepare a strong partner visa application — even if you have not lived together.
What Does Paragraph 5CB(2)(c) Require?
Under paragraph 5CB(2)(c) of the Migration Act, the couple must either:
Live together, OR
Not live separately and apart on a permanent basis
This means the law does not require you to have lived together for any set minimum period. Instead, it focuses on whether the couple has genuinely committed to a shared life together.
Case Law Spotlight: SZOXP v Minister for Immigration
In SZOXP v Minister for Immigration & Border Protection [2015] FCAFC 69, the Full Federal Court of Australia held that:
A partner visa cannot be refused solely because:
- The couple never lived together before applying
- They were not living together at the time of lodgement
- They were not living together at the time of decision
This case is binding on the Department of Home Affairs, which means case officers must apply this interpretation when deciding partner visa applications.
When Is Living Apart Acceptable?
Separation is acceptable if it is temporary and justified. Common situations include:
- Working or studying in different locations
- Caring for sick relatives overseas
- COVID-19 or border-related separations
- Visa restrictions preventing cohabitation
- Temporary relocations due to employment
In these cases, the separation is not permanent, and the relationship may still meet the de facto definition.
When Is Separation a Risk?
Your application may be refused if:
You have never lived together and
There is no clear plan to live together in the future
You must show intention and evidence that your current living arrangements are temporary.
Evidence Tips for Partner Visa Applicants Living Apart
Here are practical strategies to build a strong partner visa case even if you’re not living together:
- Provide joint plans to live together (e.g. tenancy, travel, migration plans)
- Explain your living circumstances in a detailed relationship statement
- Submit evidence of ongoing commitment: shared finances, holidays, messages, video calls
- Provide statutory declarations under Form 888
- Include travel plans, future housing contracts, or relocation timelines
?? Need help preparing your evidence?
Book a consultation with a partner visa expert:
https://toliclawyers.com.au/contact-us/
We Help Couples Build Decision-Ready Partner Visa Applications
Whether you’re lodging a Subclass 820/801 or 309/100 visa, or need help proving a de facto relationship while living apart — Tolic Lawyers can help.
Book Your Partner Visa Consultation:
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