How Do I Register a De Facto Relationship in NSW?

Who can register a relationship in NSW?

A relationship can be registered in NSW by two adults in a relationship as a couple, where at least one of them lives in NSW, neither is married or in a registered relationship or civil union, and they are not related by family. Same-sex and opposite-sex couples can both register. A partner who holds a temporary visa can still register if the couple meets these rules. Couples should confirm the current eligibility rules with the Registry before applying.

What is the process for registering in NSW?

The process for registering in NSW is that both partners complete the Registry's application, provide proof of identity and pay the registration fee. The Registry then holds the application for a statutory cooling-off period, during which either partner can withdraw it. Once that period ends and the Registry is satisfied, the relationship is registered and a certificate can be issued. The current form, fee and identity requirements are published by the NSW Registry of Births, Deaths and Marriages.

Why do couples register in NSW before a partner visa?

Couples register in NSW before a partner visa mainly because registration under a prescribed state register removes the requirement in regulation 2.03A that a de facto couple has been together for 12 months before applying. This helps couples who live together in NSW but whose relationship is shorter than 12 months, especially where the applicant's visa is ending. Our article on the de facto partner visa and the 12-month rule explains the exception.

Does NSW registration prove our relationship to the Department?

NSW registration does not by itself prove the relationship to the Department. The Department still assesses whether the couple meets the de facto test in section 5CB of the Migration Act, looking at the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Our guide to partner visa relationship evidence explains the evidence the Department expects, and our article on a partner visa short relationship covers the extra scrutiny that recent registrations can attract.

When should we lodge the partner visa after registering in NSW?

The partner visa should generally be lodged only after the NSW registration has been finalised, because the 12-month exception depends on the relationship being registered at the time of application. Lodging while the registration is still in its cooling-off period does not usually help. Applicants in Australia whose visa will end before registration is finalised need advice on Schedule 3 criteria and on whether they can lodge on another basis.

Which partner visa do we apply for after registering in NSW?

The partner visa a couple applies for after registering in NSW depends on where the applicant is at lodgement. An applicant in Australia usually applies for the Subclass 820 and Subclass 801 together, while an applicant overseas applies for the Subclass 309 and Subclass 100. Our page on the Subclass 820 visa explains the onshore pathway.

How does My Migration Lawyers help NSW couples who are registering?

My Migration Lawyers helps NSW couples who are registering by working out, from the date the couple began living together and the applicant's visa expiry, whether registration is needed and when the partner visa should be lodged. The firm then prepares the application so the evidence supports the relationship in its own right. The firm's office is at Level 1, 60 Martin Place, Sydney, and couples can read about our partner visa lawyers in Sydney.