Does an Overseas Registered Relationship Count for a Partner Visa?

Does an overseas civil union waive the 12-month requirement?

An overseas civil union or registered partnership does not waive the 12-month de facto requirement in regulation 2.03A. The exception applies only to relationships registered under a law of an Australian state or territory prescribed for this purpose. A couple with an overseas registration therefore still needs to show 12 months of de facto relationship before lodging, or rely on another exception. Our article on the de facto partner visa and the 12-month rule explains the exceptions.

How is an overseas registered relationship used in a partner visa?

An overseas registered relationship is used in a partner visa as evidence of the nature of the commitment between the partners. It shows that the couple made a formal, public commitment in the country where they lived. Combined with evidence of a shared household, finances and social recognition, it can strengthen the de facto case considerably. Our article on partner visa commitment evidence explains how commitment is assessed.

Is an overseas registered partnership the same as a marriage?

An overseas registered partnership is not the same as a marriage for an Australian partner visa, unless the arrangement is legally a marriage in the country where it took place and is recognised as a marriage under Australian law. A couple who is legally married overseas applies as spouses. A couple in a civil union or registered partnership generally applies as de facto partners. Our article on an unrecognised overseas marriage explains how marriage recognition works.

Can we also register in Australia?

A couple with an overseas registration may also be able to register in Australia if they meet the eligibility rules of a register in NSW, Victoria, Queensland, South Australia, Tasmania or the ACT. Each register has its own residency and other requirements, and registration must generally be in place before lodgement to rely on the exception. Couples who are not yet living in Australia often cannot register locally, which makes the 12-month evidence more important. Where the applicant is already in Australia and the visa is ending, the timing of any Australian registration needs careful planning, because a registration that is not complete at lodgement does not usually help.

What documents should we provide for an overseas registration?

The documents a couple should provide for an overseas registration are the registration certificate, an English translation if it is not in English, and evidence of the shared life that followed it. The details on the certificate should match each partner's passport. Our guides on partner visa evidence translation and the partner visa document checklist explain what to prepare.

How does My Migration Lawyers handle overseas registered relationships?

My Migration Lawyers handles overseas registered relationships by first deciding whether the overseas arrangement is a marriage or a de facto relationship under Australian law, then confirming whether the couple meets the 12-month requirement or needs another route. The firm uses the overseas registration as commitment evidence and builds the rest of the case around it. Same-sex couples can read about our LGBTI partner visa work, and all couples can speak with our partner visa lawyers.