Under Regulations 1.15A and 1.09A, the Department assesses “all of the circumstances of the relationship” across four areas: the financial aspects, the nature of the household, the social context, and the nature of the parties’ commitment to each other. No single document is legally mandatory; a missing item can be addressed with an explanation and alternative evidence, provided that the mutual commitment and the genuine and continuing nature of the relationship are established.
Negin Safaei, an Australian migration lawyer with MARA registration number 1791573, treats this framework as the starting point for every partner matter: the Department’s decision-maker is not looking to tick boxes on a checklist, but to weigh up the overall picture of two people’s lives together. On the financial side, what matters is the degree to which resources are pooled and major financial commitments shared; on the household side, how day-to-day responsibilities and expenses are divided; socially, whether the relationship is recognised among friends and acquaintances and whether the couple share activities; and on commitment, indicators such as nominating a partner as a beneficiary for superannuation or life insurance, and joint long-term planning.
As Negin Safaei explains, the most common misconception is the assumption that a joint bank account, a joint lease or utility bills in both names are “compulsory”. The legal test is consideration of all of the circumstances of the relationship. A joint account is strong evidence, but it is not mandatory, and other forms of financial cooperation — such as transfers of funds between the parties — can be demonstrated instead; a joint lease is desirable but not essential, and utility bills, mail received at the shared address, or statutory declarations from relatives and acquaintances can support the same aspect.
The definitional prerequisites must also be established in their own right: a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that the parties “do not live separately and apart on a permanent basis”. For a de facto relationship, a twelve-month relationship period is generally required, with exceptions such as registration of the relationship in an eligible state or compelling circumstances. For married couples, living together is not an absolute requirement and temporary separations are acceptable — provided that gaps in cohabitation are explained and documented, rather than left unaddressed.
There are also two practical points Negin Safaei emphasises: any change in circumstances or in the relationship must be notified to the Department through ImmiAccount, and providing fabricated documents or incorrect information can have serious consequences in the areas of false information and character (including PIC 4020). It should also be borne in mind that the partner pathway involves health and character requirements for the applicant, undertakings and background checks for the sponsor, and a substantial government charge; regarding it as simpler or less demanding than student or skilled pathways is a personal impression, not a legal proposition. Any precise list of requirements for subclass 820/309 should be verified against the official page for that subclass.
If you would like to know how strongly your relationship narrative stands up across these four areas, and which alternative forms of evidence would work best in your case, a dedicated consultation with Negin Safaei can give you both peace of mind and a clear road map.
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This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.