When you are applying for certain visas in Australia and cannot satisfy the 12 month DeFacto requirement, you may wish to consider registering your relationship. Registering your relationship is an easy and inexpensive way to formalise your de facto status and formally express your commitment to each other. For same sex couples, registering your relationship in Australia is agood choice for your LGBT partner visa application..
LGBT Relationship Australia
There are benefits for immigration purposes which means you may not have to satisfy other criteria in order to evidence that you are in a defacto relationship.
If you wish to include your partner in one of the following visas and do not meet defacto criteria, registering with a State or Territory in Australia may be an option to consider.
• Permanent visas
• Business Skills (Provisional)
• Student visas
• Australia Partner Onshore - 820/801
• Australia Partner Offshore - 309/100
• General Skilled Migration visas
Try to register your relationship at the right time if you are planning to submit a partner visa application, ensure your relationship timeline meets the criteria.
How To Register Your Relationship In NSW | New South Wales
Provided at least one partner resides in NSW you may apply to register a relationship in NSW.
You may apply by post, in person or online to register a relationship.
Follow the steps on the BDNM website HERE
The NSW Relationships register commenced operation 1 July 2010. It provides legal recognition for a couple regardless of their sex, by registration of the relationship.
Registration certificate available 28 days after the application date
Register Your Relationship In TAS | Tasmania
Provided both parties resides in TAS you may apply to register a significant relationship.
Follow instructions on BDM website HERE
When the process is complete order the relationship certificate.
Register Your Relationship In QLD | Queensland
At one of the couple should reside in QLD to register a Civil Partnership.
Follow instructions on QLD website HERE
Usually certificate will be available in 10 days or so.
Register Your Relationship In ACT | Australian Capital Territory
Minimum one party should reside in ACT to register a Civil Union.
Follow instructions on Access Canberra website HERE
Register Your Relationship In VIC | Victoria
Minimum one party should reside in VIC to register a Domestic Relationship.
Follow instructions on BDM website HERE
Order the relationship certificate
Register Your Relationship In SA | South Australia
Minimum one party should reside in SA to register a Relationship.
Follow instructions on GOV website HERE
Order the relationship certificate to complete the process.
NOTE - Western Australia & Norther Territory
When registering your relationship in NT (Northern Territory or WA (Western Australia) the process is not recognised under federal law for the purpose of Defacto Relationships. Be mindful of this anomaly when you are making an application for partner visa where you do not meet the 12 month defacto criteria.
Am I Eligible To Register Our Relationship In Australia
Adults who are in a relationship as a couple, regardless of sex, can apply for registration of their relationship. Adults in both heterosexual and same-sex relationships are eligible to register.
A relationship cannot be registered if either person is:
under 18 years old
married
in another registered relationship
in a relationship as a couple with another person, or
if they are related by family.
The couple does not have to live together to be eligible to register their relationship Review requirements in each state & territory for up to date information.
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Same Sex Couples - Partner Visa Australia
LGBT couples may register their relationship in Australia. You may wish to do this if you are applying for a Partner visa. This helps to demonstrate commitment in the relationship.
How To Apply For Relationship Registration
The couple should complete a statutory declaration stating that they:
wish to register the relationship,
are in a relationship as a couple with the other person,
are not married or in a relationship as a couple with anyone else and that they are not related to each other by family,
are not in another registered relationship in another Australian jurisdiction, and
at least one member of the couple resides in the state or Territory.
Requirements differ depending where you reside - plaese check carefully.
When you make the application, proof of identity is required for each person along with payment of a fee.
Once an application is made, there is a 28-day cooling off period in which either party can withdraw the application. After that time the Registrar will register the relationship and issue the couple with a certificate recording the event if the appropriate application has been submitted and the fee paid.
Things To Keep In Mind
Couples in registered relationships will be recognised as 'de facto partners' for the purposes of legislation and may also be subject to certain obligations or restrictions.
Speak with a family Lawyer to ensure you understand your legal obligations when your relationship is registered.
What To Do Next
Go to the relevant link to find out more and determine if you wish to continue with the application process. Discuss the pros and cons together to make an informed decision on this important event.
Follow the online prompts and provide the necessary information.
Upload identity documents (required from each category)
Download the Statutory Declaration and have the document signed by an authorised witness.
Save the application and come back later to complete the process.
Order your certificate and pay the fee.
After the cooling off period has elapsed your relationship certificate will be posted to your nominated address. This is a big occasion, have a celebration and don't forget to snap some photos!
Congratulations 🍾🍾
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Michael Dooley | LGBT Principal Immigration Consultant | MARN 1789997