Living Apart or Separated Under One Roof: How It Affects a Partner Visa

Partner visa law requires couples to live together, or at least not to live separately and apart on a permanent basis. Real life is not always that simple. Couples may live apart for work, study or family reasons, and some people separate from a previous partner while still sharing a home. This guide explains how each situation affects a partner visa.

Living apart for work or study

The reason matters. The Department looks at why you are apart and whether that fits with a mutual commitment to a shared life. Being physically apart because of a job, study, visa limits or caring for family does not by itself mean you are separated. Evidence that helps includes:

• the reason for the separation, such as a work contract, study enrolment or visa refusal;
• regular contact, such as call logs, messages and video calls;
• visits and travel together;
• financial support between you;
• a clear plan and timeline to live together again.

---

Never lived together

If you have never lived together, you must show that you intend to live together in the future. For de facto couples, a Federal Court decision means a visa cannot be refused on the living apart test just because you have never lived together. Your living arrangements are instead considered when deciding whether the relationship is genuine and continuing. See partner visas when you have never lived together.

---

Separated under one roof

A married couple can be separated while still living at the same address, for example for financial reasons or to care for children. To show this, they must show that they now lead separate lives and that the usual features of a marriage have ended. This can matter in two ways:

• It can help you if you need to show you separated from a previous spouse, for example to show you are free to be in a new relationship.
• It can count against you if you and your sponsor live together but lead separate lives, because the Department may conclude the relationship has ended.

Evidence of separation under one roof can include separate bedrooms, separate finances, not presenting as a couple socially, and statements from people who know you.

---

Separated from a previous spouse but not divorced

If you are still legally married to someone else but genuinely and permanently separated, your former spouse is not a member of your family unit and does not need health or character checks. The Department may ask why you have not divorced. See relationship breakdown and partner visas.

---

Evidence of a continuing relationship

Whatever your situation, keep evidence across the four aspects of the relationship: finances, household, social life and commitment. See the four aspects of the relationship and how to prove your relationship.

---

What you should do now

• Explain any time apart: give the reason and the plan to reunite.
• Keep contact records: messages, calls and visits all help.
• Document a past separation: if you need to show you separated from a former spouse.
• Get advice if things change: a relationship change can affect your visa.