One of the most important requirement in Partner visa application is to satisfy the relationship requirement in either Marriage or De-facto relationship. In Australian immigration law, you will need to satisfy the following requirements for the de-facto relationship:
Basic requirement for De-facto relationship：
- Visa applicant and visa sponsor are required to be at least 18 years old
- In de-facto relationship for 12 months
- Only the time you started to live together can be counted toward to the 12 months time
- The de-facto relationship can be same-sex or different-sex
- De-facto relationship is eligible for Australian visas when applying for partner or joint visa application as a secondary applicant.
What if you do have satisfied the 12 months de-facto relationship requirement
- You will need to have compelling and compassionate circumstances such as being pregnant or having a joint custody for a child with your partner.
- You may also register the relationship to satisfy the de-facto relationship requirement.
The immigration case officer may assessed your relationship in the following four criteria
Financial aspects of the relationship, such as:
- joint ownership of the house or joint names on a lease
- correspondence addressed to the couple at the same address
- details of financial commitments including bank statements, and any joint liabilities.
The nature of the household, such as:
- any joint responsibility for the care and support of any children
- the couple’s living arrangements including sharing responsibilities within the home.
Social context, such as:
- evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
- evidence of common friends
- assessments by the couple’s friends and family of the relationship
- joint travel or joint participation in sporting, social or cultural activities.
The couple’s commitment to each other, such as:
- the duration of the relationship including knowledge of each other
- intention to have a long term relationship, for example, through terms of their wills
- correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.
How to register the relationship
NSW – Registered relationship under s.4, Relationships Register Act 2010
NSW residents can register via Registry of Death Birth and Marriages. At least one partner must live in NSW. It will take 28 days to receive your certificate after you have registered your relationship.
Victoria – Registered Relationship under s.10(3)(a) of Relationships Act 2008
Relationships are registered through Births Deaths and Marriages Victoria. At least one partner needs to have been resident in Victoria for the last 3 months. It takes a minimum of 28 days for the registration process to be finalised.
QLD – Civil Partnership under s.5 of Civil Partnerships Act 2011
At least one partner must have lived in Queensland for at least 6 months and you must provide evidence of this. You can apply by post and processing time to register relationships is 10 days. Cost of your registration certificate would be $43.50.
Tasmania – Significant Relationship under s.4 of Relationships Act 2003
You can apply by post or in person with the Tasmania Department of Justice. It will take 28 days to receive your registration certificate. Both partners must be residents of Tasmania. Application fees are $179.08.
ACT – Civil Partnership under s.6 of Civil Partnerships Act 2008
Civil partnership registration can be obtained via Access Canberra. At least one of the partners to a must live in the ACT. Two forms of evidence of residency must be provided. You can apply in parson or by post. However if you apply by post, at least one applicant would still need to present identification at the post office. There are no fees for civil partnership registration.
Western Australia (WA)
If you are resident of WA you can register your defacto relationship, however it is not recognised for migration purposes.
South Australia (SA)
Couples can register their relationship if at least one person in the relationship lives in South Australia. Couples may apply irrespective of their sex or gender identity.
Northern Territory (NT)
Relationship registration not available
