Can We Register Our Relationship If One Partner Lives Overseas?

Can an Australian sponsor register a relationship with a partner who lives overseas?

An Australian sponsor can register a relationship with a partner who lives overseas if the register's rules are met, and many registers focus on whether at least one partner lives in that state or territory rather than on where the other partner lives. Each register sets its own residence, identity and signing requirements, so the sponsor should check the current rules with the relevant registry before applying. Our article on the de facto partner visa and the 12-month rule explains why registration matters.

Does the overseas partner need to sign the registration application?

The overseas partner usually needs to sign the registration application, because a relationship register records the agreement of both people. Some registers require signatures to be witnessed in a particular way, which can be harder to arrange from overseas. The couple should confirm the registry's requirements for a partner outside Australia before they start, so the registration is not delayed or rejected.

Does registration prove the relationship is genuine?

Registration does not prove the relationship is genuine, because it only removes the 12-month time requirement. The Department still assesses whether the couple are in a genuine and continuing de facto relationship, including whether they live together or do not live apart on a permanent basis. A couple who have spent little time together face questions even with a registration. Our guide to partner visa evidence of a genuine relationship explains what the Department looks for.

Is an overseas registration an alternative?

An overseas registration is generally not an alternative for the 12-month exemption, because the exemption applies to relationships registered under an Australian state or territory law. A civil partnership or registered relationship from another country can still help as evidence of commitment, but the couple should not rely on it to replace the 12 months. Marriage, where the couple are ready for it, is another option, because married couples are not subject to the 12-month de facto requirement. A marriage overseas must be valid where it took place and recognised under Australian law.

Which visa should the overseas partner apply for?

The overseas partner should usually apply for the Subclass 309 visa, which is lodged online while the applicant is outside Australia and leads to the permanent Subclass 100. Where the couple intend to marry and the applicant is outside Australia, the Subclass 300 may also be suitable. Our guide to the offshore partner visa compares these options, and our article on a partner visa long-distance relationship explains how time apart is evidenced.

How does My Migration Lawyers assist sponsors registering with a partner overseas?

My Migration Lawyers assists sponsors registering with a partner overseas by checking the register's requirements for a partner outside Australia, planning how signatures and documents will be completed, and confirming whether registration actually helps or whether the 12 months is already met. The firm then prepares the offshore partner visa with evidence that shows a shared life despite the distance. Sponsors can discuss their situation with our partner visa lawyers by video and email.