Do You Have to Register a De Facto Relationship for a Partner Visa?

Is registration required for a de facto partner visa?

Registration is not required for a de facto partner visa. A de facto couple who has been in a de facto relationship for at least 12 months before lodging can apply without ever registering. The Department then assesses whether the couple meets the de facto test in section 5CB of the Migration Act, using evidence of the relationship. Our article on the de facto partner visa and the 12-month rule explains the test in full.

When does registering a de facto relationship help?

Registering a de facto relationship helps mainly when the couple has been in a de facto relationship for less than 12 months and needs to apply now, for example because the applicant's current visa is about to end. Registration under a prescribed Australian register removes the 12-month requirement in regulation 2.03A. It does not shorten processing or make the relationship easier to prove. Our page on Subclass 820 de facto 12 months explains when the exception matters.

Does registration help if we have been together over 12 months?

Registration adds little for a couple who already meets the 12-month requirement, although some couples register as a sign of commitment. A registration certificate is one piece of evidence of the nature of the commitment, alongside the other aspects the Department assesses. For these couples, the real work lies in proving the relationship across all four aspects rather than in the registration itself. Our article on partner visa commitment evidence explains how commitment is shown.

Can every couple register their relationship?

Not every couple can register their relationship, because only NSW, Victoria, Queensland, South Australia, Tasmania and the ACT have registers, and each register has its own eligibility rules, including rules about where the couple lives. Couples in Western Australia and the Northern Territory cannot register locally, so they must usually meet the 12-month requirement or show that another exception applies, such as compelling and compassionate circumstances. Registration also takes time, because some registers have a cooling-off period before the registration is finalised, so it is not an instant solution for an urgent visa deadline.

What are the risks of registering just to avoid the 12 months?

The main risk of registering just to avoid the 12-month requirement is lodging a short relationship with thin evidence. The Department still assesses whether the relationship is genuine and continuing, and a recent registration of a short relationship can attract closer review. Couples in this position should prepare the evidence as carefully as any other case. Our article on partner visa short relationship applications explains what case officers look for, and onshore applicants should also check Schedule 3 criteria if their visa has ended.

How does My Migration Lawyers advise on registration before a partner visa?

My Migration Lawyers advises on registration as part of a wider timing plan, weighing the date the couple began living together, the applicant's visa expiry, the register available in their state or territory and the strength of the evidence. Where registration is the right step, the firm tells the couple what must be in place before lodgement. Couples applying in Australia can read about our Subclass 820 visa service, or speak with our partner visa lawyers.