Can We Register Our Relationship If One of Us Is on a Tourist Visa?

Does a tourist visa stop us registering our relationship?

A tourist visa does not, in itself, stop a couple registering their relationship, because Australian relationship registers are concerned with the couple's relationship and residence, not with immigration status. Registers generally require at least one partner to live in that state or territory, which the Australian partner may satisfy. Each register has its own identity and signing rules, so the couple should check them with the registry first. Our article on the de facto partner visa and the 12-month rule explains how registration helps.

Can the visitor then apply for a partner visa in Australia?

The visitor can apply for the Subclass 820 visa in Australia only if their visitor visa does not carry condition 8503, or a waiver of that condition has been granted, and the other onshore requirements are met. If the visitor visa has expired, Schedule 3 criteria generally apply. Our article on a tourist visa to partner visa in Australia explains what to check before applying.

What if the visitor visa has condition 8503?

A visitor visa with condition 8503 No Further Stay generally prevents the holder applying for a partner visa in Australia unless the Department waives the condition. A waiver requires compelling and compassionate circumstances that developed after the visa was granted, beyond the holder's control, causing a major change in circumstances. A new relationship alone often does not meet that test. Our article on a partner visa condition 8503 waiver explains what the Department expects.

Should the visitor register and then apply from outside Australia?

Registering and then applying from outside Australia is often the cleaner path where condition 8503 applies or the visitor visa is close to expiry. A registered relationship can support a Subclass 309 application lodged online while the applicant is outside Australia, and the 12-month requirement will not apply. The applicant must leave Australia before the visitor visa ends, and should be outside Australia when the Subclass 309 is granted. Our guide to the offshore partner visa explains the process.

Could registering on a tourist visa raise questions about the earlier visitor visa?

Registering on a tourist visa can raise questions if the visitor visa application said the visit was only for tourism while the couple were already planning to stay together permanently. The Department may compare the two applications. The partner visa should explain honestly how the couple's plans developed. Our article on whether to apply for a partner visa while on a tourist visa explains this risk.

How does My Migration Lawyers advise couples registering during a visit?

My Migration Lawyers advises couples registering during a visit by checking the visitor visa's grant notice for condition 8503 and its expiry date before anything else, because those two facts decide whether an onshore partner visa is realistic. The firm then plans the registration and the partner visa as one sequence, onshore or offshore, so the visitor does not overstay or lodge an application that cannot succeed. Couples can discuss the timing with our partner visa lawyers.