One of the most common questions for couples applying for an Australian Partner Visa (Subclass 820/801 or 309/100)is: “Do we have to live together, and for how long?”

Understanding the cohabitation requirements is crucial for DIY applicants, especially for de facto couples, as it can affect eligibility, evidence, and processing.

Married vs. De Facto Couples

Married Couples

• If you are legally married, there is no minimum cohabitation period required.
• Evidence of a genuine and ongoing relationship is still essential, even if you live apart temporarily due to work, study, or other reasons.
• Proof can include:
  • Marriage certificate
  • Joint financial accounts
  • Shared household arrangements and social evidence

DIY Tip: Even married couples benefit from documenting shared life, as the Department of Home Affairs assesses genuineness of the relationship.

De Facto Couples

• For de facto relationships, the standard rule is 12 months of cohabitation before applying.
• The 12-month period is calculated from the date you started living together in a genuine, committed relationship.
• Evidence of cohabitation can include:
  • Lease agreements, mortgage statements, or utility bills in both names
  • Joint bank accounts or shared finances
  • Photos of shared life over time
  • Statutory declarations from friends and family confirming you live together

DIY Tip: Keep a clear record of your cohabitation timeline with supporting documents, as this is often requested by the Department.

Exceptions to the 12-Month Rule

The Department may waive the 12-month cohabitation requirement in certain circumstances, such as:

1. Having a child together
   • If you have a biological or adopted child with your partner, you may apply even if you haven’t lived together for 12 months.
2. Compassionate or compelling reasons
   • Situations like work commitments, family obligations, or international travel can allow exceptions.
   • You must provide evidence and detailed explanations for the exception.

DIY Tip: Include statutory declarations, travel records, or legal documents that support your reason for not meeting the 12-month cohabitation.

Long-Distance Relationships

• The Department recognises that some genuine relationships are long-distance.
• Evidence for long-distance de facto relationships may include:
  • Travel records showing visits
  • Communication logs (emails, calls, chat histories)
  • Joint financial responsibilities despite living apart
• Even married couples can face scrutiny if they live apart for extended periods, so documentation is key.

Common DIY Mistakes to Avoid

1. Applying too early – Submitting a de facto application before 12 months without a valid exception
2. Insufficient evidence of cohabitation – Bills, lease agreements, and joint accounts are critical
3. Not explaining temporary separations – Short work or study-related absences should be documented
4. Assuming marriage eliminates all evidence needs – Even married couples must prove the relationship is genuine and ongoing

Final Thoughts

For a DIY Partner Visa application:

• Married couples do not have a minimum cohabitation requirement but should still provide evidence of a genuine relationship.
• De facto couples generally must have lived together for 12 months, unless they meet an exception.
• Maintaining records of cohabitation, shared finances, and social proof is essential for a smooth application.
• Long-distance couples or temporary separations must document their relationship carefully to meet Department expectations.

Proper planning and evidence collection make the DIY application process much smoother and increase the likelihood of approval.

✅ Quick Recap

• Married couples: no minimum cohabitation, but evidence of relationship is essential
• De facto couples: typically 12 months of living together before applying
• Exceptions: having a child together or compelling/compassionate reasons
• Evidence: lease/mortgage, bills, shared finances, photos, statutory declarations
• Long-distance couples should document visits and communications

Want step-by-step guidance? Check out our DIY Partner Visa Package here.

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