How Do I Register a De Facto Relationship in Victoria?

What is a registered domestic relationship in Victoria?

A registered domestic relationship in Victoria is a couple's relationship recorded on the register kept by Births, Deaths and Marriages Victoria under the Relationships Act 2008. It is open to same-sex and opposite-sex couples. The same Act also allows registration of caring relationships between people who are not a couple, but only a domestic relationship between partners is relevant to a partner visa.

Who can register a domestic relationship in Victoria?

A domestic relationship can be registered in Victoria by two adults in a couple relationship where at least one lives in Victoria, neither is married or in another registered relationship, and they are not closely related. A partner on a temporary visa can apply if the couple meets these rules. Births, Deaths and Marriages Victoria publishes the current forms, identity requirements and fees, and the rules should be checked before applying.

How does the Victorian registration process work?

The Victorian registration process starts when both partners lodge the application with proof of identity and the fee. Registration is not immediate, because the registry processes each application and a waiting period may apply before the relationship is registered. Once registered, the couple can obtain a certificate to include in their partner visa application. Couples racing a visa expiry date should allow for this time.

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

Victorian couples register before applying for a partner visa because registration under a prescribed state law removes the requirement in regulation 2.03A that a de facto couple has been together for 12 months. This allows a couple who has lived together for a shorter period to apply now. Our article on the de facto partner visa and the 12-month rule explains the exception in detail.

Does Victorian registration guarantee the partner visa?

Victorian registration does not guarantee the partner visa, because the Department still assesses whether the relationship is genuine and continuing under section 5CB of the Migration Act. Registration of a recent relationship can lead to closer questions about how the relationship developed. Our articles on partner visa refusal reasons and a partner visa short relationship explain the risks and how evidence addresses them.

When should we lodge after registering in Victoria?

The partner visa should be lodged after the Victorian registration is complete, because the 12-month exception depends on the relationship being registered at the time of application. Migration law does not require any further wait after registration. Applicants in Australia should also check whether their current visa has condition 8503 No Further Stay, which our article on the partner visa condition 8503 waiver explains, because registration does not remove that bar.

How does My Migration Lawyers help Victorian couples?

My Migration Lawyers acts for Victorian couples by video consultation and email from its Sydney office, advising on whether registration is needed, how to sequence it with the visa application, and whether the Subclass 820 or Subclass 309 applies. The firm then prepares the relationship evidence and responds to the Department through to decision. Couples in Melbourne can read about our partner visa lawyers in Melbourne, and couples applying onshore can read about our Subclass 820 visa service.