How Do I Register a De Facto Relationship in Tasmania?

What is a deed of relationship in Tasmania?

A deed of relationship in Tasmania is the document a couple signs and registers under the Relationships Act 2003 to record their relationship formally. Once registered, the deed is a public record that the couple is in a committed relationship. The Act covers two kinds of relationship: a significant relationship between a couple, and a caring relationship between people who care for each other but are not a couple. Only the significant relationship is relevant to a partner visa.

Who can register a deed of relationship in Tasmania?

A deed of relationship can be registered in Tasmania by two adults in a couple relationship who meet the residency rules set by the register, are not married or in another registered relationship, and are not closely related. Same-sex and opposite-sex couples can both register. Births, Deaths and Marriages Tasmania publishes the current forms, fees and eligibility rules, and couples should confirm them before applying.

How does registering a Tasmanian deed affect a partner visa?

Registering a Tasmanian deed of relationship affects a partner visa by removing the requirement in regulation 2.03A that a de facto couple has been together for 12 months before lodging. The couple still has to meet the de facto test in section 5CB of the Migration Act. Our article on the Subclass 820 de facto 12 months requirement explains how the registration exception fits with the rest of the test.

What evidence do we need beyond the Tasmanian registration?

Beyond the Tasmanian registration, a couple needs evidence of the four aspects the Department assesses: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Couples in smaller communities often have strong social evidence from people who know them well, and those people can make Form 888 statements. Our guides to partner visa relationship evidence and Form 888 witness statements explain what to provide.

When can we lodge after registering a deed in Tasmania?

A couple can lodge the partner visa once the Tasmanian deed of relationship is registered, because the 12-month exception depends on the relationship being registered at the time of application. Migration law does not impose a further waiting period after registration. Applicants whose current visa ends before registration is complete should get advice first, because lodging without a substantive visa can bring in Schedule 3 criteria.

What if one partner has previously been sponsored or sponsored someone else?

A previous partner sponsorship can affect a Tasmanian couple regardless of registration, because regulation 1.20J limits a sponsor to two partner sponsorships, prevents a new sponsorship within five years of a previous one, and prevents a person sponsored as a partner from sponsoring within five years of their own application, unless there are compelling circumstances. Our page on partner visa sponsorship limitations explains the rules.

How does My Migration Lawyers help Tasmanian couples?

My Migration Lawyers acts for Tasmanian couples by video consultation and email from its Sydney office, advising on whether a deed of relationship is needed before the partner visa and how to time it with the applicant's visa. The firm then prepares the application so the evidence proves the relationship in its own right. Couples in Hobart and across Tasmania can read about our partner visa lawyers in Hobart.