How Do I Register a De Facto Relationship in the ACT?

What are the ways to register a relationship in the ACT?

The ways to register a relationship in the ACT are a civil partnership under the Civil Partnerships Act 2008 and a civil union under the Civil Unions Act 2012. A civil partnership is registered by application to ACT Births, Deaths and Marriages. A civil union is entered into before an authorised civil union celebrant after notice is given, and is then registered. Both are open to same-sex and opposite-sex couples, and the ACT is the only territory with a register, because the Northern Territory has none.

Which ACT option should a couple choose for a partner visa?

The ACT option a couple chooses for a partner visa matters less than making sure the registration is complete before lodgement. The civil partnership is usually the simpler administrative process, while the civil union involves a ceremony and celebrant. Couples should check with ACT Births, Deaths and Marriages which option suits them, and confirm the current forms, fees and eligibility rules before applying.

How does ACT registration help with a partner visa?

ACT registration helps with a partner visa by removing the requirement in regulation 2.03A that a de facto couple has been together for 12 months before lodging. This is useful where the couple has lived together for less than 12 months and the applicant's visa is ending. Our article on the Subclass 820 de facto 12 months requirement explains how the exception works, and our article on the de facto partner visa covers the other exceptions.

What evidence do we still need after registering in the ACT?

After registering in the ACT, the couple still needs evidence that the relationship is genuine and continuing, because the Department applies the de facto test in section 5CB of the Migration Act. That means evidence of shared finances, a shared household, social recognition and long-term commitment, together with a relationship statement. Our guides to partner visa relationship evidence and the partner visa relationship statement explain what to provide.

When can we lodge after registering in the ACT?

A couple can lodge the partner visa once the ACT civil partnership or civil union is registered, because the 12-month exception applies only where the relationship is registered at the time of application. There is no extra waiting period under migration law after registration. Applicants in Australia whose visa ends before registration is complete should get advice on their position, because applicants without a substantive visa may need to meet Schedule 3 criteria.

Can a couple married overseas register in the ACT?

A couple who is already legally married cannot register a civil partnership or civil union in the ACT, and does not need to, because a valid marriage is assessed under the spouse rules in section 5F of the Migration Act. The 12-month de facto requirement does not apply to married couples. Married couples apply as spouses with their marriage certificate and evidence of the relationship.

How does My Migration Lawyers help couples in the ACT?

My Migration Lawyers acts for couples in Canberra and across the ACT by video consultation and email from its Sydney office. The firm advises whether a civil partnership or civil union is needed, how its timing fits the applicant's visa, and which partner visa subclass applies, then prepares the application with full relationship evidence. Couples can read about our partner visa lawyers in Canberra.