Australian Immigration Article

The “Golden Rule” Before You Apply

Before we dive into the success stories, there is a very important strategy you need to understand.

While we are discussing applying without cohabitation, the legal basis on which you apply matters immensely. If you have never lived together, applying as a De Facto partner based solely on the “12-month rule” is incredibly risky. Proving a “genuine and continuing relationship to the exclusion of all others” for a de facto couple who has never shared a home is an extremely heavy evidentiary burden.

If you have not lived together, we strongly recommend that you apply as either:

1. A Spouse: Meaning you are legally married; or

2. A De Facto Partner with a Registered Relationship: This waives the strict 12-month living requirement.

The 12-month de facto rule does not technically mandate that you are glued to each other’s side for 365 days, but having no cohabitation at all makes it very difficult to satisfy the “Household” pillar of the relationship assessment. By marrying or registering your relationship, you provide the Department of Home Affairs with objective evidence of your legal commitment, which acts as a safety net for your application.

(When you haven’t lived together, registering your relationship or marrying can help waive the strict 12-month cohabitation requirement.)

Case Study: Religious and Cultural Beliefs

One of the most valid reasons for not living together is when strong religious or cultural beliefs are the foundation of the relationship.

In many cultures and religions, living together before marriage is strictly not allowed. The Department of Home Affairs is aware of this. In these scenarios, a couple may enter into a “courtship.” This isn’t just dating; it is a courtship with a clear view of long-term commitment and marriage.

These couples often face a double challenge: they cannot live together due to cultural rules, and they are often in a long-distance relationship due to visa restrictions or work commitments. However, they remain in a serious, exclusive relationship that will result in marriage under their cultural arrangements.

The requirement for a partner visa is that a couple must not be living apart on a permanent basis. If the separation is temporary and explainable (i.e., waiting for marriage due to religion), it is acceptable.

(Living apart due to strict religious or cultural beliefs is acceptable for an Australian partner visa, provided the separation is explained correctly.)

A Real-Life Success Story

We recently assisted a gentleman from South Korea who found himself in exactly this situation.

He met his now-wife, an Australian citizen, through mutual connections in their religious community. They both committed to a serious courtship with the specific intention to marry. For about 12 months, they dated long-distance. He was in Korea, she was in Australia.

Both had demanding lives filled with religious activities and work commitments in their respective countries, but they prioritised meeting in person whenever time and budget allowed. After a year of courtship, he proposed, and they were married shortly after.

The Challenge: When they came to us to apply for the partner visa, they had never lived together in the same household. Not for a single day.

The Strategy: We couldn’t show a lease or a joint electricity bill. Instead, we focused on the other pillars of their relationship. We helped them compile extensive evidence of their courtship over the 12 months. We made a strong submission regarding the “Nature of Commitment,” explaining that their decision not to live together was actually proof of their dedication to their shared religious values and, by extension, to each other.

We guided them to produce evidence that showed their emotional connection and future planning. Because we contextualised their situation correctly for the Department, the visa was approved. They are now happily living together in Australia.

(With a strong submission regarding the “Nature of Commitment,” a long-distance courtship can successfully lead to a permanent life together in Australia.)

Other Valid Reasons for Not Living Together

While religious beliefs are a strong argument, they aren’t the only reason couples live apart. You may still be eligible if you fall into these categories:

1. Temporary Separation

Sometimes life gets in the way. One partner might be living offshore while waiting for a different visa, or perhaps you are separated due to:

• Deployment or military service.

• Studying at universities in different cities.

• Contract work in remote locations (FIFO).

The key word here is “Temporary.” You must prove that the separation is involuntary or necessary for a short period, and that you maintain close contact during this time.

2. Financial Limitations

In the current economic climate, this is becoming more common. A couple might be deeply committed but simply cannot afford to move out of their respective parents’ homes or break existing leases to move in together immediately.

If this is your situation, you must show that the intent to live together is there. Evidence could include savings plans for a future bond, inquiries sent to real estate agents, or a detailed timeline of when you plan to merge households.

(If financial limitations prevent you from living together now, you must provide proof of your clear intent to merge households in the near future.)

The Reality: The Burden of Proof is Higher

We want to be honest with you. While it is very possible to get a partner visa without cohabitation, the evidentiary burden is higher.

When you don’t have the “Household” pillar (living arrangements), you must over-deliver on the other three pillars: Financial, Social, and Nature of Commitment.

You cannot simply fill out the forms and hope the Department understands your vibe. You need a strategy. You need to explain why you aren’t living together and back it up with a paper trail that proves your life is intertwined in every other way.

(Applying as a spouse is often the safest strategy for couples who cannot meet the cohabitation requirements of a standard de facto relationship.)

Do You Need Guidance?

If you are reading this and thinking, “This sounds like us,” please do not leave your application to chance. A refusal can be costly and emotionally draining.

If your situation is complex, or you simply want to ensure you are putting your strongest foot forward, reach out to our principal migration lawyer, Jay. With over 8 years of dedicated experience in Australian immigration law, Jay understands how to navigate the complexities of non-traditional relationships and present your story in a way that meets the Department’s strict criteria.

Contact us for a free 20-minute discovery call to discuss your application and see if you are ready to apply.

Alternatively, you can reach out to Jay directly by emailing jays@flowmigrationlaw.com.au to book a consultation.