Important Updates
Important Updates
February 4, 2026 | United KingdomUnited Kingdom: Offshore Well Boat Workers Concession Extended
February 5, 2026 | QatarQatar: Long-Term Residence Permit for Executives and Entrepreneurs Announced
February 4, 2026 | IndonesiaIndonesia: Global Citizenship of Indonesia Program Announced
February 4, 2026 | Sri LankaSri Lanka: New Visa Options for Digital Nomads and Tourists Launched
February 4, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
February 4, 2026 | United KingdomUnited Kingdom: Offshore Well Boat Workers Concession Extended
February 5, 2026 | QatarQatar: Long-Term Residence Permit for Executives and Entrepreneurs Announced
February 4, 2026 | IndonesiaIndonesia: Global Citizenship of Indonesia Program Announced
February 4, 2026 | Sri LankaSri Lanka: New Visa Options for Digital Nomads and Tourists Launched
February 4, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
February 4, 2026 | United KingdomUnited Kingdom: Offshore Well Boat Workers Concession Extended
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Do You Need to Live Together to Get a Partner Visa?

July 7, 2016

kian-bone

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

De facto Relationships - Living Apart Together (LAT)

LAT couples claim to live apart, however, maintain a relationship with their significant other - can this arrangement meet the criteria of a de facto relationship? Recent immigration case law suggests that, in the right circumstances, it can. 

What is a de facto relationship?

Under Migration legislation, a de facto relationship is established where a couple has a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, live together and do not live separately and apart on a permanent basis; and are not related by family. The de facto relationship must be established for 12 months prior to visa application. When assessing whether two people are in a de facto relationship, the Department of Immigration will also take the following into account:

  • The financial aspects of the relationship;
  • The nature of the household – i.e. living arrangements;
  • The social aspects of the relationship; and,
  • The nature of your commitment to each other.
 
One of the strongest pieces of evidence in establishing a de facto relationship is cohabitation. Ideally, the applicant would have lived with the sponsoring partner for at least 12 months prior to application. However, two recent cases have found that, given the right circumstances, a couple is not required to live together to meet the definition of a de facto relationship.
 

Case 1

The applicant applied for a partner visa, claiming to be in a de facto relationship with an Australian Citizen. Previously, the applicant had been detained at Villawood Detention. A delegate refused to grant the partner visa as the couple did not satisfy the legislative requirements of a de facto relationship, the couple had not lived together prior to making their visa application.

The couple later married at Villawood Detention Centre, followed by a Buddhist wedding ceremony. The couple commenced living together after their marriage.

On review, the Migration Review Tribunal accepted that the couple followed Buddhism and as such, should not cohabit before marriage. The Tribunal ultimately found there was no requirement in the legislative definition that a couple must live together before a de facto relationship is found to exist.

The Department of Immigration and Border Protection sought judicial review of the Tribunal’s decision where the Federal Circuit Court found in the Department’s favour. The applicant commenced a further appeal to the Full Federal Court. The Full Federal Court upheld the Tribunal's decision finding that there is no legal requirement that a couple must have previously lived together in the definition of a “de facto relationship” or “do not live separately and apart on a permanent basis”. In the applicant's circumstances, the religious beliefs held prevented cohabitation before marriage.

Case 2

The Administrative Appeals Tribunal heard a similar matter, where an applicant applied for a partner visa, claiming to be in a de facto relationship with an Australian Citizen. The couple married six months after commencing their partner visa application. The Tribunal accepted the couple held strong Christian beliefs and did not live together prior to their marriage due to their religious beliefs. The Tribunal ultimately found the couple was in a genuine de facto relationship prior to their partner visa application. The matter was remitted to the Department of Immigration with a direction the couple were in a de facto relationship prior to lodgement of the visa application.

If you have any queries about a possible application for a partner visa, please feel free to contact your local Fragomen office.

 

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht für Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracowników

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Video

Brazil Statutory Director Visa: Requirements, Investment and Process

In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Media mentions

Global Mobility Lawyer: A Focus on Compliance Means Clients Often Miss the Strategic Risk

Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht für Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracowników

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Video

Brazil Statutory Director Visa: Requirements, Investment and Process

In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Media mentions

Global Mobility Lawyer: A Focus on Compliance Means Clients Often Miss the Strategic Risk

Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.