Defacto couples do not necessarily have to live together in order to meet the Migration definition of a partner couple.  Defacto couples living apart may be able to meet the migration partner criteria as defined by section 5CB of the Migration Act.

 

The full federal court, in SZOXP v MIBP [2015] FCAFC 69, found that the Act does not require that the parties physically reside in the same premises prior to the application. This is also the case when defacto relationships are registered prior to an application.