• Insights

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

July 7, 2016

kian-bone

Country / Territory

  • AustraliaAustralia

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in 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

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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
Important Updates
Important Updates
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.