How to Avoid The 12 Month De Facto Rule – Register for a Civil Union

The Australian Government accept de facto relationships for the purposes of Australian visas. Accordingly, this applies to both Australian Partner visas specifically (Subclass 820/801, 309/100) as well as other visas that allow migrants to attach their partners as secondary dependents. 
 
Importantly, in accordance with Reg 2.03A of the Migration Regulations 1994 (Cth), de facto couples will need to demonstrate that they have been in a de facto relationship for at least 12 months prior to the lodgment of a visa.
 
Specifically, the 12-month requirement applies not only to Australian Partner visas, but also to applicants intending to attach their partners to the following visa types:

• Permanent visas
• Business Skills visas (Provisional)
• Student visas
• General Skills Migration visas

 
Accordingly, if you are unable to meet the 12-month requirement, you may be exempt from the 12 month rule if you register your relationship in the Australian State or Territory you are currently residing in with your partner.
 
Currently Relationship Registration is only available in:

• Victoria
• New South Wales
• Queensland
• Tasmania
• Australian Capital Territory (ACT)

Importantly, the abovementioned State’s (and Territory) currently have laws in place allowing for a relationship to be registered in accordance with the Acts Interpretation (Registration Relationships) Regulations 2008, meaning that the registration will be recognized for Australian migration purposes and exempting the relationship from the 12 month rule.
 
Relationship Registration is currently NOT available in:
                                                                 

• the Northern Territory (NT)
• South Australia (SA)

 
Although Western Australia (WA) does allow de facto relationship registration, it is currently NOT recognised for immigration purposes.
 
 General Requirements
 
All the Australian States and Territories have their own separate rules and costs associated to registering a relationship as detailed below:
 
Queensland (QLD)
 
To register in QLD you can visit the Queensland Government website which will direct you how to apply for a Registered Relationship (or Civil Partnership) certificate at the Brisbane Registry of Births, Deaths and Marriages. QLD requires that at least one (1) partner must have lived in Queensland for at least 6 months, and evidence must be provided. There is a 10-day cooling off period before your relationship is processed for registration, and option to withdraw the application if you change your minds.
 
New South Wales (NSW)
 
To register in NSW you can visit the NSW Government website which will direct you how to apply for a Registered Relationship (or Civil Partnership) certificate at the Registry of Births, Deaths and Marriages. NSW also requires that at least one (1) partner must live in NSW, and evidence must be provided. There is a 28-day cooling off period before your relationship is registered, and option to withdraw the application if you change your minds.
 
The Australian Capital Territory (ACT)
 
To register in the ACT you can visit the ACT Government website which will direct you how to apply for a Registered Relationship (or Civil Partnership) certificate via Access Canberra. The ACT also requires that at least 1 partner must live in the ACT, and evidence must be provided.
 
Victoria (VIC)
 
To register in VIC you can visit the VIC Government website which will direct you how to apply for a Registered Relationship (or Civil Partnership) certificate at Births, Deaths and Marriages. VIC also requires that at least 1 partner must live in VIC, and evidence must be provided. It will take a minimum of 28 days for the registration to be completed.
 
 Tasmania (TAS)
 
To register in TAS you can visit the TAS Government website which will direct you how to apply for a Registered Relationship (or Deed of Relationship) certificate at TAS Births, Deaths and Marriages. TAS also requires that both partners must live in TAS, and evidence must be provided. It will take a minimum of 28 days for the registration to be completed.

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• Partner Visa Journey - click  👉 here to read

• 5 Top Tips to Instantly Improve Your Partner visa - click  👉 here to read

• How to Avoid the 12 Month Rule - click  👉 here to read

• Schedule 3 Waiver (Addressing Compelling and Compassionate Circumstances)  - click 👉 here to read