Never Lived Together? Partner Visas for Long Distance, Arranged and Proxy Marriages

Many couples meet online, live in different countries, or follow cultural or religious traditions that discourage living together before marriage. A partner visa is still possible, but how you present your relationship matters.

De facto couples who have not lived together

In the case of SZOXP, the Full Federal Court held that a de facto application cannot be refused just because the couple never lived together, or were not living together when they applied. The Department’s instructions follow this. Living together is evidence, not a strict requirement. Officers still consider how much time you have spent together and why you have lived apart when deciding whether the relationship is genuine. The 12 month rule for de facto couples still applies, see married or de facto.

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Married couples who have not lived together

There is no minimum length of marriage. But you cannot meet the living together requirement if you have never lived together and cannot show an intention to live together in future. The onus is on you to show that intention, although no fixed timeframe applies.

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Arranged marriages

Arranged marriages are recognised unless there was no real consent, for example because of duress or fraud. Officers take particular care to check the relationship is genuine. Forced marriage is a crime and is referred to the authorities.

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Proxy marriages

A proxy marriage, where one party is not present, can be recognised if the law of the country where it took place allows proxy consent, it was carried out under that law, and both parties gave real consent. You must still show a genuine, continuing relationship. Marriages held online raise extra questions about where the marriage legally took place, so get advice. See online marriages and partner visas.

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Evidence that helps

• a clear history of how you met and how the relationship developed;
• evidence of time spent together, such as travel records and photos;
• regular communication over time;
• explanations of why you have lived apart, such as work, visas or cultural reasons;
• concrete plans to live together, such as a lease, job plans or a move date;
• statutory declarations from family and friends, see Form 888 declarations.

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What you should do now

• Explain the distance: set out clearly why you have not lived together so far.
• Show future plans: provide evidence of concrete plans to live together in Australia.
• Document time together: collect travel records, photos and itineraries for every visit.
• Check your marriage: for arranged or proxy marriages, confirm the marriage is valid for migration purposes.