Does having a spouse or de facto partner block a Subclass 114 application in 2026?
Yes — and not in the sense of "it makes approval less likely". Having a spouse or a de facto partner removes the basis of an Aged Dependent Relative (Subclass 114) application altogether. The Australian Department of Home Affairs' official Aged Dependent Relative visa (subclass 114) page lists "have no partner" among the criteria an applicant must meet, and states: "To be eligible for this visa you must have no partner." As of the August 2026 version of that page, the wording carries no exception for a partner who is not migrating, not named on the form, or living in another country.
This article is general information about how the rule works and is not personalised advice. Partnership status can turn on details that a general guide cannot resolve, so confirm the current official material or get advice from a qualified professional before you lodge anything.
What does the "no partner" criterion actually say?
The official Subclass 114 page sets out the eligibility criteria as a set that must be met in full — sponsorship, age, dependency, no partner, assurance of support, health, character, repaid debts to the Australian Government, immigration history, and the best interests of any applicant under 18. The "no partner" entry is one line long, and its brevity is the point: "To be eligible for this visa you must have no partner."
PAM3, the Department's procedures manual, read alongside the Migration Regulations 1994, goes a step further on consequences: where the main applicant has a spouse or de facto partner, the application is treated as invalid at the acceptance stage rather than assessed and then refused on its merits. "Applicant has a spouse or de facto partner" also appears among the commonly recorded refusal grounds. The public eligibility page states the criterion itself; this consequence is set out in PAM3.
Who counts as a "partner"?
"Partner" here is not shorthand for "husband or wife". Under the Migration Act, section 5F defines spouse and section 5CB defines de facto partner; regulation 1.15A deals with spouse relationships and regulation 1.09A with de facto relationships, while regulation 1.03 defines related terms such as "aged dependent relative" and "settled". In practice that means an unregistered, unmarried relationship sits inside the same rule as a marriage, and a de facto relationship can exist whether or not there is a certificate, a shared lease, or a joint bank account to point to.
That also explains why separation is not a self-answering question. Living apart, or describing a relationship as finished in conversation, does not by itself decide whether you still have a spouse — that turns on the legal status of the relationship under the Act's definition. The official Subclass 114 page publishes no exemption for separated applicants; the criterion is simply that you have no partner.
If a relative's partner can sponsor, why can't the applicant have one?
This is where readers most often get the rule backwards. Clause 114.212 of the Migration Regulations 1994 allows sponsorship by either the Australian relative or, in some cases, that relative's spouse or de facto partner — provided the partner cohabits with the Australian relative, is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen, and is at least 18.
So the Regulations clearly anticipate partners in a Subclass 114 case. They anticipate them on the sponsor's side of the file. The "no partner" requirement attaches to the applicant, and the asymmetry is not an oversight: the visa exists for an ageing relative who has no partner of their own and relies on family in Australia instead.
Why does a partner make the application invalid rather than just weak?
The criteria don't spell out their reasoning, but they pull in the same direction. Subclass 114 asks you to show you have depended on your Australian relative for basic needs — food, shelter and clothing — for at least three years before applying, with dependence possibly arising from a disability that prevents you from working. A spouse or de facto partner is, in the ordinary design of family-stream visas, the person who would share or take on that support. Their presence undercuts the factual picture the visa is built around, which is why it fails at the threshold instead of being weighed against your evidence.
Nothing else in the file compensates for it. The official page says you must meet all of the listed criteria, so a strong dependency record, an approved sponsor and a clean health and character picture do not rescue an application that fails on having a partner.
What if the relationship starts or ends while the application is being processed?
The requirement is not a one-day test at lodgement. PAM3 records that eligibility can be lost at either the application or the decision stage, and lists marrying or entering a partner relationship during processing among the changes that defeat a case — a relationship formed after lodgement but before the decision is as fatal as one that existed at the start. The public page states the criterion without describing timing; PAM3 addresses the position at both the application and the decision stages.
What else has to be true at the same time?
Worth seeing the whole set, because applicants who fixate on one criterion often trip on another:
- A sponsor who is an eligible relative or that relative's partner, with the sponsorship approved.
- Age old enough to receive the age pension in Australia.
- At least three years of dependence on the Australian relative for basic needs before applying.
- An assurance of support, which the Department calls for when it is needed.
- Health and character requirements, for you and for family members applying with you.
- Any debt to the Australian Government repaid or under an approved arrangement.
- An immigration history that does not block the grant.
- Grant itself: under clause 114.411 the applicant must be outside Australia when the visa is granted.
Where does that leave someone who does have a partner?
A person with a spouse or de facto partner is not shut out of the family stream — they are simply in the wrong subclass. Other family-stream options, including partner visas, address that situation instead, and which of them is relevant depends on facts this article cannot assess. Read what follows as orientation, not as a recommendation about your case.
Frequently Asked Questions
Is "no partner" a preference or a hard requirement?
It is a hard criterion. The Department of Home Affairs' official Subclass 114 page states that to be eligible you must have no partner, and the page introduces its criteria by saying you must meet all of them. There is no scoring or balancing against other criteria.
Does a de facto partner count the same as a spouse?
Yes. Section 5F of the Migration Act defines spouse and section 5CB defines de facto partner, with regulations 1.15A and 1.09A governing how those relationships are assessed. An unmarried, unregistered relationship falls within the same "no partner" rule as a marriage.
Can my partner just be left off the form, or added as a secondary applicant?
Neither works. The criterion concerns whether you have a partner, not whether they are named or migrating, and a secondary applicant who is your partner contradicts the criterion rather than satisfying it. Operational guidance treats a main applicant with a spouse or de facto partner as making an invalid application.
Can my Australian relative's spouse or de facto partner sponsor me?
They can, under clause 114.212, if they cohabit with the Australian relative, are a settled Australian citizen, settled permanent resident or settled eligible New Zealand citizen, and are at least 18. That permission sits on the sponsor's side of the application and does not relax the applicant's own "no partner" requirement.
What happens if I marry after lodging, before the decision?
PAM3 records that entering a marriage or partner relationship during processing can cause eligibility to be lost, because the requirement is assessed at the decision as well as at lodgement.
Does being separated from my spouse change the answer?
Only if the separation means you no longer have a spouse in law. Living apart does not by itself settle the question; it depends on the legal status of the relationship under the Act's definitions. The official page publishes no separate exemption for separated applicants.
If I have no partner, am I otherwise likely to qualify?
Not automatically. Subclass 114 also requires an approved sponsor, age pension age, at least three years of dependence for basic needs, an assurance of support, and satisfaction of the health, character, debt and immigration-history requirements. Each is assessed separately and all must be met.