Do You Need to Live Together for 12 Months for a De Facto Partner Visa in Australia in 2026?

In most cases, yes. To qualify for a de facto Partner visa in Australia in 2026, the Australian Department of Home Affairs generally requires that couples have lived together for at least 12 months before lodging the application. This period of cohabitation must demonstrate that the couple lived together on a genuine domestic basis. However, there are limited exceptions, such as where the relationship is formally registered in certain Australian states or territories, or where compelling circumstances apply. The 12 month requirement refers to shared living arrangements, not simply the length of the romantic relationship. 

For many couples, this requirement raises practical questions about timing, evidence, and how migration law defines living together. 

Why the 12 Month Cohabitation Requirement Exists in Australian Migration Law 

Australian migration law distinguishes between married and de facto couples. 

Because de facto relationships are not formalised through marriage, the Australian Department of Home Affairs uses the 12 month cohabitation requirement as an objective way to assess stability and commitment. 

Living together over a sustained period helps demonstrate that the relationship is genuine and not entered into solely for migration purposes. 

The requirement focuses on shared domestic life, not just emotional connection. 

What “Living Together on a Genuine Domestic Basis” Means for a De Facto Partner Visa in Australia 

The phrase “living together on a genuine domestic basis” is central to eligibility. 

It means that the couple: 

• Shares a home   

• Shares day to day domestic responsibilities   

• Integrates their lives in a way similar to a married couple   

This usually involves: 

• A shared lease or property   

• Joint financial arrangements   

• Shared household expenses   

• Evidence of daily life together   

Occasional overnight stays or extended visits are generally not sufficient to meet this definition. 

The Australian Department of Home Affairs looks for evidence that the living arrangement was continuous and genuine. 

Does the 12 Month Period Need to Be Continuous? 

In most cases, the cohabitation must be continuous. 

Short periods of separation may be acceptable if: 

• The separation was temporary   

• There was a clear reason, such as work or family obligations   

• The relationship continued during that time   

The Australian Department of Home Affairs will consider the overall circumstances and the length of any separation. 

The key question is whether the relationship remained genuine and ongoing despite the temporary absence. 

What Evidence Can Demonstrate 12 Months of Cohabitation? 

To demonstrate the required period of living together, couples may provide: 

• Joint lease agreements or property ownership documents   

• Utility bills addressed to both partners   

• Joint bank account statements   

• Shared insurance policies   

• Correspondence addressed to the same residential address   

The Department does not rely on one document alone. It assesses the consistency of evidence across time. 

Keeping organised records during the relationship can make this stage significantly smoother. 

Are There Exceptions to the 12 Month Requirement in 2026? 

There are limited exceptions under migration law. 

One common exception applies where the relationship is formally registered in certain Australian states or territories. In these cases, the couple may not need to demonstrate 12 months of cohabitation before lodging the application. 

There may also be compelling and compassionate circumstances where the requirement can be considered differently. 

However, even where the 12 month requirement is waived, the couple must still demonstrate that the relationship is genuine and continuing. 

The Australian Department of Home Affairs applies these exceptions carefully. 

What If You Have Been in a Long Distance Relationship? 

A long distance relationship, without shared living arrangements, generally does not meet the 12 month cohabitation requirement. 

Even if the relationship has existed for more than a year, migration law focuses on shared domestic life rather than duration alone. 

If cohabitation only began recently, it may be necessary to wait until the 12 month requirement is satisfied before lodging. 

Understanding this distinction can help couples plan their timing more realistically. 

Common Misunderstandings About the 12 Month Cohabitation Requirement 

Some couples believe that being in a relationship for 12 months is enough. The requirement refers specifically to living together. 

Others assume that frequent visits or travel together can replace cohabitation. While travel can support evidence of commitment, it does not replace the need for shared residence. 

There can also be confusion about short gaps in living arrangements. The Australian Department of Home Affairs assesses the overall continuity and intention of the relationship, rather than isolated interruptions. 

Clear preparation reduces the risk of lodging too early. 

Practical Next Steps for De Facto Couples in 2026 

If you are considering lodging a de facto Partner visa application: 

1. Confirm the exact date cohabitation began.   

2. Ensure that 12 months of shared living will be completed before lodgement.   

3. Gather documentation covering the entire cohabitation period.   

4. Review whether relationship registration applies in your state or territory.   

5. Maintain consistent records across financial and household categories.   

Taking time to assess timing carefully can help avoid unnecessary delays. 

How LMSD Supports Couples Meeting the 12 Month Cohabitation Requirement 

Questions about timing frequently arise when couples are unsure whether the 12 month cohabitation requirement has been satisfied. 

We help applicants review when shared residence began, whether any exemptions apply, and whether the application is being lodged at a point that aligns with legislative requirements. Clarity around timing often provides a steadier foundation for moving forward. 

Final Thoughts 

In 2026, the 12 month cohabitation requirement remains a central element of de facto Partner visa eligibility in Australia. The focus is on shared domestic life rather than the length of the romantic relationship alone. 

The Australian Department of Home Affairs assesses whether the couple genuinely lived together on an ongoing basis before lodgement. 

When timing and documentation are carefully aligned with migration law, the pathway forward becomes clearer and more predictable. 

The information, updates, news, and advice provided are intended for general informational purposes only and should not be construed as personalised guidance. For accurate advice regarding your specific migration case, we invite you to reach out to us directly by sending a message through this link: https://www.legacymigration.com.au/take-your-first-step-to-living-working-or-studying-in-australia

Migration Agents Registration Number: 1797357

QEAC Number: S041