Expert Immigration Law Firm

De facto Partner Living apart – I and my de facto partner don’t live together all the time, is this possible a problem for my partner visa application – if so why?

Answer:  De facto partner that don’t live together all the time, need to be strategic about their approach with a partner visa. There are 2 things to think about:

1. Requirements in law – (Assuming you are in a de facto relationship) – section 5BC of The Migration Act “Do not live separately and apart on a permanent basis”.

2. Policy Considerations and the Partner Visa Application – The partner visa application form will ask you whether you have lived separately since committing to a share life to the exclusion of all others.

In a nutshell, decision makers will assess whether you live separately and apart on a permanent basis. In determining this, a case officer will need to ask themselves why you are currently living separately and whether you still maintain all of the other aspects of a de facto relationship as prescribed in law. The case officer needs to believe that there is a logical reason why you do not currently live together and if this is a permanent state of affairs. 

The danger in these situations is a decision maker deeming that you are boyfriend, girl friend not de facto partners. Boyfriend, Girl friend relationships are not de facto partners and are not covered under partner visa eligibility.

A decision maker has scope in law not to apply a rigid definition. Provide us with full details and context as to why you live apart and from there you will receive a qualified opinion on the best strategy moving forward.