F2.30 Determining if the couple is living together in a partnership that is genuine and stable

1. When determining if the couple is living together in a partnership that is genuine and stable the immigration officer will take into account those factors set out at F2.20(b) and must consider, and be satisfied, there is sufficient proof, (from documents, other corroborating evidence, or interviews) of all four of the following elements:
   1. 'Credibility': the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them.
   2. 'Living together': the principal applicant and partner must be living together unless there are genuine and compelling reasons for any period(s) of separation (see F2.30.1).
   3. 'Genuine partnership': the principal applicant and partner must both be found to be genuine as to their:
      • reasons for marrying, entering a civil union or entering into a de facto relationship; and
      • intentions to maintain a long term partnership exclusive of others.
   4. 'Stable partnership': the principal applicant and partner must demonstrate that their partnership is likely to endure.
2. A residence class visa must not be granted unless the immigration officer is satisfied, having considered each of the four elements in (a) above (both independently and together) that the couple is living together in a partnership that is genuine and stable.

Note: The onus of satisfying an immigration officer that the partnership is genuine and stable lies with the principal applicant and their partner (see F2.5(c)).

F2.30.1 Assessment of periods of separation

1. If a principal applicant and their partner have lived apart for periods during their partnership, the application should not automatically be declined. Instead, immigration officers should determine whether there are genuine and compelling reasons for any period(s) of separation.
2. Determining whether there are genuine and compelling reasons will depend on the circumstances in each case, and may require consideration of:
   • either partner's family, education or employment commitments;
   • the duration of the partnership and the length of time the couple has spent apart;
   • the extent to which the couple has made efforts to be together during the time apart.

Effective 29/11/2010