Can We Register Our Relationship After Lodging a Partner Visa?

Does registering after lodgement count towards the 12-month rule?

Registering after lodgement does not count towards the 12-month rule, because regulation 2.03A asks whether the couple had a 12-month de facto relationship, or a registered relationship, at the time the application was made. A later registration cannot change what the position was on the day of lodgement. This catches many couples who registered in the belief that the Department would assess the relationship as it stands at decision. The genuine and continuing relationship is assessed at decision, but the 12 months is not. Our article on whether you really need 12 months of de facto relationship explains this time of application point.

Is registering after lodgement still worthwhile?

Registering after lodgement is still worthwhile for couples who already met the 12 months when they applied, because a registration is formal, public evidence of commitment. It can strengthen the nature of the commitment aspect and show the relationship has continued since lodgement. Our article on partner visa commitment evidence explains how commitment is assessed, and the certificate should be uploaded to the application once issued.

What if we had not been together for 12 months when we lodged?

A couple who had not been together for 12 months when they lodged, without registration or another exception, face a real risk of refusal, and registering now will not remove it. They should obtain advice on whether the relationship in fact began earlier than they thought, whether compelling and compassionate circumstances existed at lodgement, or whether another approach is needed. Our article on partner visa refusal reasons explains how the Department treats this issue.

Should we withdraw the application and lodge again after registering?

Withdrawing the application and lodging again after registering is sometimes considered, but it carries risks that must be assessed first. Withdrawal can end the bridging visa linked to the application, the charge is generally not refunded, and the applicant must be able to lodge a new application lawfully, which may raise Schedule 3 or condition 8503 issues. Our article on applying for a partner visa on a bridging visa explains why bridging visa status matters.

Do we need to tell the Department that we registered our relationship?

A couple should tell the Department that they registered their relationship by uploading the registration certificate, because it is relevant information about the relationship. Accurate, consistent information throughout processing protects the application. Our article on partner visa change of circumstances explains which changes should be reported and how.

How does My Migration Lawyers help couples who registered after lodging?

My Migration Lawyers helps couples who registered after lodging by first checking the real start date of the de facto relationship against the lodgement date, because many couples underestimate how long they had been together. Where the 12 months was met, the firm adds the registration as evidence. Where it was not, the firm assesses every option, including whether a response to the Department, a fresh application or review offers the safest path. Couples can raise their position with our partner visa lawyers.