How Do I Register a De Facto Relationship in South Australia?

Can de facto couples register their relationship in South Australia?

De facto couples can register their relationship in South Australia under the Relationships Register Act 2016, which allows two adults in a couple relationship to have that relationship formally recorded. The register is open to same-sex and opposite-sex couples. South Australia is one of six Australian jurisdictions with a register, alongside NSW, Victoria, Queensland, Tasmania and the ACT. Western Australia and the Northern Territory have no register.

What do we need to register in South Australia?

To register in South Australia, a couple needs to complete the registry's application, provide proof of identity for both partners, meet the residency requirement and pay the fee. Neither partner can be married or in another registered relationship, and the partners cannot be closely related. The current forms, fees and residency rules are published by Consumer and Business Services, and couples should confirm them before applying, because a rejected application costs time that may matter for the visa.

Why register in South Australia before a partner visa?

Registering in South Australia before a partner visa removes the requirement in regulation 2.03A that a de facto couple has been together for 12 months before lodging. This can allow a couple to apply sooner, for example where the applicant's visa ends before the 12 months is reached. Our article on the de facto partner visa and the 12-month rule explains when the exception helps and when it does not.

What evidence is still needed after registering in South Australia?

After registering in South Australia, the couple still needs full evidence of a genuine and continuing de facto relationship, because registration answers only the 12-month question. The Department looks at shared finances, the household, social recognition and commitment. A recent registration for a short relationship is often examined closely. Our guide to preparing evidence of a genuine relationship and our article on how much evidence for a partner visa is enough explain what to prepare.

When should the partner visa be lodged after South Australian registration?

The partner visa should be lodged after the South Australian registration is complete, because the exception applies only where the relationship is registered when the application is made. Couples should keep the registration certificate with the application documents. Where the applicant's visa ends before registration is complete, our article on applying for a partner visa on a bridging visa explains some of the issues that can arise.

Which partner visa applies after registering in South Australia?

The partner visa that applies after registering in South Australia depends on where the applicant is when lodging. An applicant in Australia usually applies for the Subclass 820 and Subclass 801, while an applicant overseas applies for the Subclass 309 and Subclass 100. Our page on the Subclass 820 visa explains the onshore process.

How does My Migration Lawyers help South Australian couples?

My Migration Lawyers acts for South Australian couples by video consultation and email from its Sydney office, checking whether registration is the right step and building a timeline so that the registration and the partner visa lodgement happen in the right order. The firm then prepares the relationship evidence and manages the application through to decision. Couples in Adelaide can read about our partner visa lawyers in Adelaide.