Registering a relationship - de facto help

[damo]

Hi guys,

So after my boss was unable to sponsor me the only option i have left is de-facto with my Aus girlfriend but of course we don't meet the 12 months living together. One option is to register the relationship but this just sounds to good to be true? Surely it can't be that simple?

My girlfriend and I had planned to go travelling overseas's when my visa expired but after a long chat with her parents, it was agreed that she should finish uni first but that will be at least another year and we don't want to be apart that long. Her parents have said that its ok for me to move in with them if it means i can stay longer as my second year WHV finishes early October. The main problem is, i just don't see us having enough evidence by then as we won't have been living together all that long.

We've been together 9 months and have only got a few photo's together and a few receipts from dates we went on, gifts we bought each other etc. We just don't have any evidence of joint finances. I wouldn't be worried if we had more time to sort it all out but im worried that just over 2 months is not enough time. Does anyone know of successful cases where the relationship has been registered and the visa granted?

All help appreciated.

[nvoorst]

Have you considered getting married ?

Regards,

[damo]

No but i assume you don't fancy our chances then?

[nvoorst]

Damo,

It is really fairly simple.

If you want to apply for a spouse visa in Australia, you must either get married or satisfy the 12 month de-facto relationship requirement.

Offshore, there is also the prospective marriage visa.

In all cases you must provide evidence that your relationship is genuine and continuing. You either will have to wait, so you can satisfy the 12 month de-facto requirement or you must get married.

If you want to wait, then you either will have to get some other visa to stay here or leave Australia and apply offshore.

Regards,

Nick

[damo]

But registering the relationship waivers the 12 month requirement surely?

[Sheelagh Blanckenberg]

Hi Damo

Last year the immigration department brought in a waiver to the usual 12 month requirement if at the time of application of the partner visa, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation.

At the moment the only states that have a formal registration process for de facto and same sex relationships are Tasmania, Victoria, the ACT and NSW.

All sounds easy right? Wrong! There is a snag.

The actual registration procedure in all 4 states requires both parties to provide a Category 1 document which is either an Australian Birth Certificate, proof of Australian Citizenship or Proof of Permanent Residence status. This implies that where one of a couple is a temporary visa holder, registration of the relationship cannot take place; a view which I do not believe is supported under the relevant legislation in each state by the way.

Why? Well, take for example, Section 6 of the relevant Victorian Act which states, inter alia, that each person in the relationship must be domiciled or ordinarily resident in the State.

You would think that determining the residency of a non-citizen or permanent resident would be as simple as looking at the visa held. For example, if one of the applicants was on any form of tourist or working holiday visa then they would not be ordinarily resident because, by definition, they are holidaying here from their own country. Conversely, someone on a student visa (other than a short term one), or a holder of a 457 visa could arguably be eligible.

However, it is not as simple as this unfortunately and therein is the catch. Each state has its own ideas on what is required.

I understand Victoria has taken a hard-nosed view and is insisting both parties are either citizens or hold permanent residence visas.

Conversely, I have heard that the ACT and NSW only require one party to provide the Australian documentation. I have no idea where Tasmania stands on this issue but for the record the FAQ on their website states “partners in a registered relationship must be domiciled or ordinarily residents of Tasmania. That usually means living here for six months or more.” I leave it to you to decide whether a temporary visa holder meets this requirement or not.

So you see it is not quite so simple.

As you appear to live in Melbourne, you may find registration of your relationship is not allowed and Nick's advice to you is your only option at this time. However, please check with the relevant authorities in case Victoria has relaxed its requirements.

Cheers

Sheelagh

[Zoltan Bertok]

Recent email from the NSW registry:

Yes you are correct, there is no provision in the act that both applicants must be resident to Australia. Only one applicant must prove that they live in NSW. The resident and citizenship information you are referring to relates to the identification each applicant must provide. If category one does not apply to either applicant, they are to use the other categories (2 and 3).

[Sheelagh Blanckenberg]

Thanks Zoltan, so that confirms NSW.

This morning I also received this response from the Tasmanian Department of Justice:

To register a relationship in Tasmania, you do not need to be an Australian citizen or permanent resident. However, the requirement is that both parties live in Tasmania, and you need to provide identification to show this.

I have also emailed the ACT and Victorian Justice departments - will post any response I get.

[nvoorst]

So there might be hope for Damo yet...

[damo]

I appreciate your help guys, thanks. I do know of someone who has registered there relationship in Victoria and they are here on a WHV so i'm going to give it a shot but will not get my hopes up as it does seem that Victoria is taking a hard nose approach on this matter

[Migration Help]

Damo

Please come back to the forum and let us know what response you get from the Victorian authorities - it will help anyone else in a similar situation.

Good luck!

MH