All Australian States Requirements: Relationship Registration for Partners
Understanding the significance of relationship registration is necessary if you consider applying for a partner visa on de facto grounds in Australia. Generally, you would need to demonstrate cohabitation with your partner for 12 months.
However, registering your relationship can exempt you from this requirement for various visa types. Below, we outline the legal framework, requirements, and processes for registering your relationship across different states and territories.
Why Register Your Relationship?
Registering your relationship provides legal recognition under state law and can simplify immigration processes. Here are some key benefits:
Exemption from 12-Month Cohabitation Requirement: Registered couples do not need to live together for 12 months to apply for certain visas.
Legal Acknowledgment: It formalises your partnership, which can be beneficial in various legal contexts, including property rights and medical decision-making.
What are the Eligibility Requirements for Registration?
To register your relationship in Australia, both partners must meet the following criteria:
Age: Both partners must be 18 years or older.
Exclusivity: Neither partner can be in another registered relationship, de facto relationship, or marriage.
Non-familial Relationship: Partners must not be related by family.
Relationship Type: Both same-sex and different-sex couples can register.
What is the Partner Visa Assessment/ Registration by Different States?
New South Wales (NSW)
Registration Act: Relationships Register Act 2010
Residency Requirement: At least one partner must live in NSW.
Application Process: Register through the Registry of Births, Deaths & Marriages.
Processing Time: 28 days; registration fee is AUD 253
Victoria (VIC)
Registration Act: Relationships Act 2008
Residency Requirement: One partner must live in Victoria.
Application Process: Register through Births, Deaths & Marriages Victoria.
Processing Time: 28 days; the registration fee is AUD 251.50
Queensland (QLD)
Registration Act: Civil Partnerships Act 2011
Residency Requirement: At least one partner must have lived in Queensland for at least 6 months.
Application Process: Apply by post.
Processing Time: 10 days; registration fee is AUD 159
Tasmania (TAS)
Registration Act: Relationships Act 2003
Residency Requirement: Both partners must reside in Tasmania.
Application Process: Apply in person or by post at the Tasmania Department of Justice.
Processing Time: 28 days; the application fee is AUD 179.08
South Australia (SA)
Residency Requirement: At least one partner must live in SA.
Application Process: Register through the Registry of Births, Deaths & Marriages of South Australia.
Evidence Required: Certified copies of identity documents for both parties who are in a relationship plus residency evidence.
Processing Time: 28 days; the application fee is AUD 138
Australian Capital Territory (ACT)
Registration Act: Civil Partnerships Act 2008
Residency Requirement: At least one partner must live in the ACT.
Application Process: Register via Access Canberra; apply in person or by post.
Evidence Required: Two forms of residency evidence.
Fees: No fees for civil partnership registration.
Western Australia (WA)
Note: You can register your de facto relationship; however, it is not recognised for migration purposes.
Northern Territory (NT)
Note: Relationship registration is not available in NT.
How can Agape Henry Crux Help You?
Registering your relationship can significantly streamline applying for partner visas on de facto grounds and meet the visa requirements. Each state and territory has specific requirements and processes; if you have further questions, consider contacting us. Speak with one of our Accredited specialists in Immigration Law, Immigration Lawyers and Registered Migration Agents. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these languages aren't yours, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.