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Partner Visa And The Cohabitating Period Requirement

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When looking to meet the criteria of a de facto relationship for migration purposes to Australia, the question of the cohabitation period is often an element to consider.

Australia recognizes de facto relationship as the relationship between two person, who are over 18 years of age, are not married to each other, have a commitment to share life together as a couple with the exclusion of others, are not family related to each other, and live together or if living  apart it is only temporarily.

Living together or cohabitation according to the dictionary means = the state of living together  in a defacto relationship (without being married), rather than just sharing accommodation.

Therefore, it is important to demonstrate that the couple lives together for some time or all the time before claiming to be in a de facto relationship for a visa application.

Generally, the migration regulation demands at least 12 months of living together, before applying for the visa where the applicant claims to be in a de facto relationship.

This period requirement of “living together”, may be different depending on the type of visa that the applicant is seeking to obtain.  Some temporary visas consider 6 months of living together, may be a reasonable length of time. For a partner visa, the 12 months requirement may not be needed, if the couple’s relationship is registered under State/Territory law, or in other cases, compelling and compassionate circumstances exist.

Additionally, to the time of living together the person needs to demonstrate four aspects of a de facto relationship, which are:

  • Financial aspects of the relationship
  • Nature of the household
  • Social aspects of the relationship
  • Nature of the commitment to each other

For a thorough and accurate assessment of an applicant’s situation claiming a de facto relationship make sure you consult a Migration agent who will be able to guide you according to the legislation and considering your own circumstances. Please contact Red Earth Migration.

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