Can We Lodge a Partner Visa While Our Registration Is Being Processed?

Why can we not rely on a registration that is still being processed?

A couple cannot rely on a registration that is still being processed because the exemption in regulation 2.03A depends on the relationship being registered, and the de facto requirements are assessed at the time of application. An application to register is not a registration. If the relationship is not yet registered when the partner visa is lodged, and the couple have not been together for 12 months, the application will generally be refused. Our article on the de facto partner visa and the 12-month rule explains the time of application rule.

Can we lodge now if we have already been together for 12 months?

A couple who have already been in a de facto relationship for 12 months can lodge now, because they do not need the registration exemption. The registration certificate, once issued, can then be uploaded as further evidence of commitment. The couple should be confident about the date the de facto relationship began, because the Department will test it. Our article on whether you really need 12 months of de facto relationship explains how that start date is assessed.

What if the applicant's visa expires before the registration is finalised?

An applicant whose visa expires before the registration is finalised faces a difficult choice, because lodging early may fail the 12-month requirement, while waiting may leave the applicant without a substantive visa. An applicant who lodges onshore without a substantive visa must generally meet Schedule 3 criteria, which are hard to satisfy. Our article on Schedule 3 criteria for a partner visa explains the risk, and our page on Schedule 3 waivers explains when a waiver may be available.

How long does relationship registration take?

Relationship registration takes different amounts of time in each state and territory, and some registers require a cooling-off period before the registration can be completed. Couples should check the current timeframe with the relevant registry and allow for delay. Planning the registration well before the applicant's visa expires avoids most of the problems described on this page.

What should we do once the registration is complete?

Once the registration is complete, the couple should obtain the registration certificate, confirm that the names and dates on it match their identity documents, and then lodge the partner visa with the certificate included. The rest of the evidence must still show a genuine and continuing relationship across all four aspects. Our partner visa document checklist explains what else to gather.

How does My Migration Lawyers manage timing around a relationship registration?

My Migration Lawyers manages timing around a relationship registration by working backwards from the applicant's visa expiry date and the registry's timeframe to set a safe order of steps, so the partner visa is lodged only once the registration exists. Where the timing cannot work, the firm advises on the alternatives, such as another visa, marriage or a Schedule 3 argument, before the applicant's position becomes unlawful. Couples can raise their timing with our partner visa lawyers.