How Do I Register a De Facto Relationship in Queensland?

What is a Queensland civil partnership?

A Queensland civil partnership is the form of relationship registration available in Queensland under the Relationships (Civil Partnerships) Act 2011. It is open to two adults in a couple relationship, whether same-sex or opposite-sex, and creates a legal record that the couple is in a committed relationship. For migration purposes, it is treated as a relationship registered under a prescribed state law, which matters for the 12-month de facto requirement.

Who can register a civil partnership in Queensland?

A civil partnership can be registered in Queensland by two adults where at least one lives in Queensland, neither is married or in another civil partnership or registered relationship, and they are not closely related. A partner on a temporary visa can still apply if these rules are met. The Queensland Registry of Births, Deaths and Marriages publishes the current eligibility rules, forms and fees, and couples should check these before applying.

How does the Queensland registration process work?

The Queensland registration process involves both partners completing the Registry's application, providing proof of identity and paying the fee. The Registry then processes the application, and a waiting period may apply before registration is finalised, so couples should allow time for this step. Once registered, the couple can obtain a certificate, which is the document provided with the partner visa application.

Why do Queensland couples register before applying for a partner visa?

Queensland couples register before applying for a partner visa because a registered civil partnership removes the requirement in regulation 2.03A that a de facto couple has been together for 12 months. This often matters when the applicant's student, working holiday or other visa is ending and the couple has not yet reached 12 months. Our article on the Subclass 820 de facto 12 months requirement explains the rule and the exception, and our guide to the onshore partner visa covers lodging in Australia.

Is a civil partnership certificate enough evidence for a partner visa?

A civil partnership certificate is not enough evidence for a partner visa on its own. The Department still decides whether the couple meets the de facto test in section 5CB of the Migration Act, using evidence of the financial aspects, the household, the social aspects and the commitment. Our guides to partner visa relationship evidence and the partner visa four pillars of evidence explain what to provide.

When can we lodge after registering in Queensland?

A couple can lodge the partner visa once the Queensland civil partnership has been registered, because the 12-month exception depends on registration being in place at the time of application. There is no further waiting period under migration law after registration. Applicants whose visa will end before registration is finalised should get advice first, because an applicant without a substantive visa may face Schedule 3 criteria.

How does My Migration Lawyers help Queensland couples?

My Migration Lawyers helps Queensland couples by video consultation and email from its Sydney office, advising on whether a civil partnership is needed, how its timing fits the applicant's visa, and which partner visa subclass applies. The firm then prepares the application with evidence that proves the relationship beyond the certificate. Couples in Brisbane and across Queensland can read about our partner visa lawyers in Brisbane.