To qualify for a partner visa based on a de facto relationship, applicants are typically required to demonstrate a minimum of 12 months of cohabitation with their partner. This 12-month living-together prerequisite is also a criterion for adding a spouse under various visa categories such as, Permanent Residency visas, Student visas, Partner visas and General Skilled Migration visas.
An exemption to this 12-month rule exists for couples who opt to register their relationship in Australian – depending on your state or territory laws. By registering, applicants need to prove cohabitation and satisfy the standard evidentiary criteria for their relationship without the need to meet the 12-month duration requirement.
The general conditions for registration are as follows:
- Both individuals must be at least 18 years old.
- Neither individual can be in another couple relationship, whether married, in a de facto partnership or another registered relationship.
- The individuals must not be closely related by blood.
- The registration option is open to both same-sex and opposite-sex couples.
Relationship registration is possible in New South Wales (NSW), Queensland (QLD), Victoria, the Australian Capital Territory (ACT), and Tasmania, with specific requirements for each as outlined below:
- NSW: Couples can register under s.4 of the Relationships Register Act 2010 through the Registry of Births, Deaths, and Marriages, requiring at least one partner to be an NSW resident. The process takes 28 days from registration to certificate issuance.
- Victoria: Under s.10(3)(a) of the Relationships Act 2008, registration is conducted via Births, Deaths, and Marriages Victoria, necessitating a 3-month residency in Victoria for at least one partner. Completion of registration takes a minimum of 28 days.
- QLD: Civil Partnership registration under s.5 of the Civil Partnerships Act 2011 demands a 6-month Queensland residency for at least one partner, with a processing time of 10 days and a fee of $43.50 for the registration certificate.
- Tasmania: A Significant Relationship can be registered under s.4 of the Relationships Act 2003 through the Tasmania Department of Justice, requiring both partners to be Tasmanian residents. The registration process takes 28 days, with application fees of $179.08.
- ACT: Civil Partnership registration under s.6 of the Civil Partnerships Act 2008 is facilitated via Access Canberra, requiring ACT residency for at least one partner. Applications can be made in person or by post, with no fees charged for civil partnership registration.
- WA & SA: While WA residents can register their de facto relationship, it does not serve migration purposes. In SA, relationship registration is available without restrictions on sex or gender identity, provided one partner resides in South Australia.
- NT: Currently, there is no provision for relationship registration.
Whilst registering your relationship assists in meeting the de facto status, couples still need to demonstrate that they meet all other criteria such as the ‘4 Pillars of the Relationship’. We talk about the 4 pillars in another article.
For personalised assistance with your spouse visa application or to include your spouse in your visa application, we invite you to schedule a consultation with one of our expert immigration advisors.
Disclaimer – Content in these articles does not constitute immigration or legal advice, it is not intended as a substitute for such advice and must not be relied upon as such. This material is designed to provide informative guidelines for general informational purposes only. Please consult with our Australian MARN registered agents’ via our content forms on our website or call on 1800 567 663 to make an appointment.
MARN – 2217877 / 1068715
