Subclass 820/801 Partner Visa | Non-Cohabiting Couple | Granted
Client Snapshot
- Applicant: Clara (names have been changed to maintain confidentiality)
- Sponsor: Reza (names have been changed to maintain confidentiality)
- Nationality: Indonesian (Applicant)
- Location: Melbourne, VIC
- Relationship Commenced: August 2020
- 820 Visa Lodged: March 2022
- 820 Visa Granted: January 2023
- 801 Visa Granted: September 2024
Background
Clara, an Indonesian national, arrived in Australia on a Student (Subclass 500) visa. While studying, she met Reza, a permanent resident, at a Christian college in Melbourne. Their shared faith and values formed the foundation of a committed relationship. However, their mutual decision not to live together prior to marriage – a reflection of their religious beliefs – posed a significant challenge to their visa pathway.
The Challenge
Under Australian migration law, de facto couples are generally expected to demonstrate that they live together or do not live separately and apart on a permanent basis. Clara and Reza had never lived together, due to their faith- based choice to abstain from cohabitation before marriage. This made it difficult to meet the evidentiary threshold typically required under Section 5CB(2) of the Migration Act 1958.
Our Legal Approach
Our legal team recognised early on that this case would require a strategy grounded in both cultural sensitivity and legal precision. In our legal submissions, we:
- Clearly articulated the couple’s Christian beliefs and the impact of their faith on their living
- Cited the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69, which provides for circumstances where couples are not living together yet maintain a genuine and continuing relationship.
- Submitted extensive supporting evidence, including:
- Detailed personal statements outlining the history and nature of their relationship
- Documentation of joint involvement in church activities and pre-marital counselling
- Evidence of regular communication, shared future plans, and moral commitment
- Statements from family, friends, and church leaders affirming the authenticity of the relationship and their plans of getting married
The Outcome
The Department accepted our submissions. Despite the absence of cohabitation, both visas were granted:
- Subclass 820 Temporary Partner Visa – granted January 2023
- Subclass 801 Permanent Partner Visa – granted September 2024
Why This Case Matters
This case is a powerful example of how genuine couples who choose not to live together – for reasons of faith, culture, or personal conviction – can still succeed under the partner visa program.
It highlights that:
- A relationship can be recognised as genuine even in the absence of cohabitation, when properly explained of the compelling and compassionate reasons for currently living apart and their plans to live together in the future.
- Legal arguments, when grounded in precedent and supported by thorough evidence, can be
- Tailored submissions prepared by experienced lawyers can overcome even the most nuanced
If you are facing Australian immigration law issues like Clara and Reza did, get in touch with our immigration lawyers and migration consultants by booking your consultation session here.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
