Is There a Partner Visa Lawyer on the Central Coast?
Key points
- NSW keeps a relationships register through the NSW Registry of Births, Deaths and Marriages.
- De facto couples must generally have been in the relationship for 12 months before applying, unless the relationship is registered or an exception applies (regulation 2.03A).
- The 12-month requirement is assessed at the time the partner visa application is made.
- Registration does not prove that a relationship is genuine; the Department still assesses the relationship evidence.
Can Central Coast couples get partner visa help without coming to Sydney?
Central Coast couples can get partner visa help without coming to Sydney, because My Migration Lawyers conducts consultations by video and handles documents by email. Both partners can take part from home, and the firm lodges the application online through ImmiAccount. Our partner visa lawyers page sets out the full scope of the firm's partner visa work.
Should we register our relationship in NSW before applying?
Registering a relationship in NSW before applying is worth considering for Central Coast couples who have lived together for less than 12 months, because registration under a recognised state law satisfies the 12-month de facto requirement in regulation 2.03A. Couples who already meet the 12 months may still register, but it is not required. The decision should be made with the lodgement date in mind. The rules on who may register, and any waiting period before registration is complete, are set by NSW law and should be checked first. Our article on de facto partner visa Australia explains how the registration route works.
Can we lodge while our NSW registration is still being processed?
Lodging while a NSW registration is still being processed carries real risk, because the 12-month requirement is assessed at the time the application is made. If the couple relies on registration and the relationship is not yet registered on the lodgement date, the application may not meet the requirement. Couples should usually wait for the registration certificate before lodging, unless they already meet the 12 months on another basis. Our article on Subclass 820 de facto 12 months explains how the requirement is measured.
What does the Department still look at after registration?
After registration, the Department still looks at whether the relationship is genuine and continuing, by assessing the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A registration certificate is strong evidence of commitment, but it does not replace evidence of a shared life. Our article on the partner visa four pillars explains each aspect, and our partner visa document checklist lists common documents.
What if one of us is on a visitor visa?
If one partner is on a visitor visa, the couple must check whether the visa carries a no further stay condition before planning an onshore application. A visitor visa holder may also face questions about their intentions when they entered Australia. Our article on tourist visa to partner visa Australia covers this situation. Where no condition prevents the application, lodging before the visitor visa ends keeps the applicant lawful and avoids the extra Schedule 3 criteria.
How does My Migration Lawyers time the application for Central Coast de facto couples?
My Migration Lawyers times the application for Central Coast de facto couples by working out the date the de facto relationship began from documents, comparing that date with the date a NSW registration would be complete and choosing a lodgement date that clearly meets regulation 2.03A. The firm also checks that the names and dates on the registration certificate match the passports and the visa forms. Once the timing is settled, the firm prepares the evidence and the relationship statement with both partners and lodges the Subclass 820 visa or offshore application.
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