Living Separately – Does it Affect Your De Facto Claim?

For couples applying for a Partner (Subclass 820/801 or 309/100) Visa on the basis on a de facto relationship, one of the requirements is proving that you have been living together for a period. However, life often necessitates periods of separation other commitments which leads to long distance relationships. This raises question: does living separately due to other commitments affect your de facto claim?

What is Required for a De Facto Relationship?

To be recognised as a de facto relationship under Australian migration law, you must prove that you have been in a genuine and continuing relationship, living together for at least 12 months before applying. The Department of Home Affairs (DoHA) assesses the genuineness of your relationship across the 4 pillars criteria for the partner visa application:

Financial aspects
Household arrangements
Social aspects
Nature of commitment to each other

Temporary Separations or Long-Distance Relationship – How Is It Viewed?

DoHA recognises that even genuine couples may need to live separately for periods due to legitimate reasons, such as work, study, or family obligations. These temporary separations generally do not affect your de facto claim, provided you can demonstrate you maintain a strong, genuine and continuing relationship.

What Evidence Should I Prepare for a Long-Distance Relationship?

Although living separately in a relationship is not an issue, however, additional supporting documents may be required to demonstrate that your relationship is genuine and continuing. You will need to provide evidence for all four pillars of your relationship that covers these periods as the following but not limited to:

Registering your relationship with the Australian state or territory
Communication records such as phone calls, video calls and more.
Evidence of one partner visiting the other during the separation, such as flight tickets, hotel bookings and pictures taken together.
Evidence of future plans, such as property purchases, planning a wedding, or starting a family.
Other relevant documents that meet the four pillars.

What are some Common Mistakes to Avoid?

Not maintaining regular and documented communication during separation.
Failing to provide any evidence of a shared life during the separation period.

If you are unable to provide documents, you may need to engage a professional immigration lawyer for evidentiary building to strengthen your case.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Assist

Living separately and in a committed long-distance relationship will not affect your de facto claim for a Partner Visa application; however, you may be required to provide more evidence to meet the four-pillar criteria. Speaking with one of our immigration lawyers at Agape Henry Crux about what further documents you may need for your Partner Visa application. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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