Change to help de facto partners who are unable to meet the 12 month requirement

[Migration Help]

From 9 November 2009, the Migration Regulations will be amended to exempt de facto couples from showing their relationship has existed for at least twelve months if they have registered their relationship under a prescribed state or territory law.

This change will be of enormous help to couples who are unable to meet the current 12 month requirement.

[Sheelagh Blanckenberg]

This will be a most welcome change for many de facto couples, (if of course they are willing to register their relationship with respective authorities).

Many countries in Europe have had this formal relationship registration in place for years and I have oftened wondered why a similar scheme was not adopted by us years ago when de facto relationships were formally accepted in Australia.

I know nothing about it so this is pure speculation on my part, but I would hazard a guess it has been a problem trying to get all the States and the Feds to agree!! Typical of many issues we face as a nation.

[Robert K Chelliah]

Hi Sheelagh

I wonder if collobarative evidence can be substituted for "registration", say a formal application for a bank loan under bothe their names, a tennancy aggrement, billing arrangement with a GP, in a will, a stutory declaration under the state or commenewealth laws. One must consider the putative intention of the legislators or the policy.


Robert K Chelliah
www. austmigration.com.au

[Sheelagh Blanckenberg]

Hi Robert

An excellent question Robert. From what I can make out so far the policy behind the proposed legislative change is to only help couples who formally register their de facto relationship with a relevant authority. It will be interesting to see how the new legislation is worded - perhaps there will be scope for appeals using other collaborative evidence as you call it!!

Cheers
Sheelagh

[Migration Help]

Quick update to this topic.

The prescribed acts at this time are:

Victoria Relationships Act 2008 - a registered relationship that is registered under s10 (3) (a) of that Act;

Tasmania Relationships Act 2003 - a significant relationship as defined in s4 of that Act;

ACT Civil Partnerships Act 2008 - a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in s6 of that Act for entry into a civil partnership.

This is terrific news, particularly for same-sex couples who are able to register under all these acts.

[Silent Observer]

So does this mean if my partner and I have only been in a de facto relationship for 3 months we can lodge a spouse application if we can show we have registered our relationship with the relevant authority?
We live in Sydney. I note NSW is not on the list provided - can we register in the ACT? Or is registration dependent on one's place of domicile?

[Emmanuel]

Hi all,


Has anyone already had a successful registration of their relationship with one of the states? Victoria, in particular.

I have a prospective client who resides in Victoria with his Australian partner. They tried to register their relationship but was told to provide personal identity evidence of which all referred to: an Australian citizen, or holder of an Australian PR visa.

He is hesitant to make the application for registration if his application will just fail and after paying around $220.00 for this.

Will appreciate sharing your experience on this.

Thanks.

[Lorrie123]

I am from Ireland and my boyfriend is an australian citizen, we are both living in Queensland. Would we be eligible to do this or do we have to be living in the states that this new law has been introduced??