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Applying for a Partner visa can be an attractive option for couples seeking to continue developing their relationship in Australia. For couples who are yet to become married and have not lived together for 12 months, registering the relationship can enhance the strength of the application.
This blog post will explore relationship registration, providing an overview of what a registered relationship is, its benefits and how a domestic relationship can be registered around Australia for migration purposes. For more information or specific advice tailored to your circumstances, contact an Australian Migration Lawyer.
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Si vous souhaitez obtenir plus d'informations, prenez contact avec Australian Migration Lawyers pour une consultation.
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To be eligible for a Partner visa, couples are required to demonstrate that they are married or in a de facto relationship. For couples that are planning to become married in the near future, they are able to alternatively apply for a Prospective Marriage visa (subclass 300).
Generally, couples are required to show that they have lived together for a minimum of 12 months before making their Partner visa application as this period is indicative of a de facto relationship existing. This can be a challenge for many couples as their circumstances may make it difficult or impossible to live together prior to the Partner visa being granted.
However, Departmental policy highlights that where couples can show evidence that they are in a registered relationship, the Department will consider the couple to have met the 12 month cohabitation requirement.
Therefore, while other requirements still need to be met in order to successfully be granted a Partner visa, couples who can register their relationship in lieu of living together for 12 months can increase their chances of a successful application outcome.
An Australian Migration Lawyer can help explain the Department’s requirements for Partner visas and provide advice on how they apply to your unique circumstances.
Subsequently and as alluded to, there are many benefits for couples who are in registered relationships. These benefits include:
Couples should be aware that relationship registration varies depending on the Australian state or territory the couple is located in. Typically, relationship registration requires that both parties are over the age of 18, must not be in a relationship with another person and must not be related by family. Both same-sex and opposite sex couples are able to register their relationship in Australia. If one partner has been in a relationship previously, they will be required to provide evidence that they are now single and eligible to enter into a relationship.
At the time of writing, in Australia couples can register their relationship in Queensland, New South Wales, the Australian Capital Territory, Victoria, Tasmania and South Australia. Couples located in Western Australia should be aware that it is possible to register a relationship in that state, however, it is not recognised by the Department for migration purposes. Relationship registration is not available in the Northern Territory.
Couples in Queensland are able to register their relationship if at least one person lives in Queensland. Couples should be aware that there is a 10 day cooling off period that applies following lodgement of a valid application.
To make a valid application, couples are required to provide three forms of identity documents, not be in a prohibited relationship, pay the registration fee, read the legal effects of a civil partnership document and fill out the application form.
Couples are able to apply to register their relationship online, via registered post or in person.
More information can be found on the Queensland Births, Deaths and Marriages website.
Couples in NSW are able to register their relationship if at least one person lives in NSW. Couples should be aware that there is a 28 day cooling off period that applies following the lodgement of a valid application.
To make a valid application, couples are required to provide three forms of identity documents, pay the registration fee and fill out the application form.
Couples are able to apply to register their relationship online, via registered post or in person.
Couples should be aware that the NSW Government provides a commemorative certificate, with two commemorative certificates options being provided, in addition to the option to have a relationship ceremony.
More information can be found on the New South Wales Births, Deaths and Marriages website.
Couples in the ACT are able to register their relationship as a civil partnership if at least one person lives in the ACT.
To make a valid application, couples are required to prove that one of the partners has lived in the ACT for more than three months, provide proof of identity, pay the application fee and fill out the application form.
Couples are able to apply to register their relationship online, via registered post or in person.
More information can be found on the Australian Capital Territory Births, Deaths and Marriages website.
Couples in Victoria are able to register their relationship as a domestic relationship if at least one person lives in Victoria at the time of applying.
To make a valid application, couples will need to separately fill out the relevant parts of the online application, prove their identity, provide a statutory declaration that both parties are eligible to enter the relationship and pay the relevant application fee.
Couples are able to apply to register their domestic relationship online.
Couples should be aware that the Victorian Government can provide a commemorative certificate in addition to the formal legal relationship certificate for an additional cost upon request.
More information can be found on the Victorian Births, Deaths and Marriages website.
Couples in Tasmania are able to register their relationship as a significant relationship if both partners live in Tasmania.
To make a valid application, couples will need to complete the registration form, provide evidence of their identity and pay the relevant registration fee.
Couples are able to apply to register their significant relationship online.
More information can be found on the Tasmanian Births, Deaths and Marriages website.
Couples in South Australia are able to register their relationship if at least one person lives in South Australia.
To make a valid application, couples will need to provide certified copies of their identity documents, certified copies of documents proving their residence in South Australia, pay the relevant application fee and provide a statutory declaration provided by the South Australian Government.
Couples are able to apply to register their domestic relationship online.
More information can be found on the South Australian Births, Deaths and Marriages website.
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For couples who are seeking to register their relationship, it is important that they are aware of the implications that arise due to this process. As it is a formally recognised relationship type, there are rights and obligations attached to being in a registered relationship. This may include property rights, inheritance rights and financial responsibilities. Understanding these rights and obligations is crucial to ensure that all parties in the relationship are informed and prepared for the legal implications associated with registration. Consulting with a legal practitioner, such as an Australian Migration Lawyer, can help couples understand the registration process and how it may affect them.
At Australian Migration Lawyers we offer expert guidance and support to streamline your partner visa application process. Our team of lawyers utilise their understanding of of the Australian migration framework to provide clients with tailored advice for their application.
An Australian Migration lawyer can help ensure that any visa application lodged with the department, including onshore and offshore partner visa applications as well as prospective marriage visa applications, comply with any Departmental requirements. Our services cover the entire application process, from initial consultation and guidance through to lodgement with the Department.
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