Can a Lawyer Help With a Partner Visa Based on a Registered Relationship?

What does a registered relationship change for a partner visa?

A registered relationship changes one thing for a partner visa: it removes the requirement in regulation 2.03A that a de facto couple has been in the relationship for 12 months before lodging. Everything else stays the same. The couple must still show a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that they live together or do not live apart on a permanent basis. Our article on the de facto partner visa and the 12-month rule explains how the exception fits with the wider test.

Which registered relationships count for a partner visa?

The registered relationships that count for a partner visa are those registered under a state or territory law prescribed for this purpose, which covers the registers in NSW, Victoria, Queensland, South Australia, Tasmania and the ACT. Couples living in Western Australia or the Northern Territory cannot register locally and usually need to meet the 12-month requirement or another exception. A relationship registered overseas is treated differently, and our guide to partner visa requirements sets out the general rules.

Why do registered relationship applications still get refused?

Registered relationship applications still get refused because some couples treat the registration certificate as proof of the relationship and lodge with little other evidence. The Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment in every case. A recent registration for a short relationship often attracts closer review. Our article on partner visa short relationship applications explains what case officers expect, and our page on partner visa refusal reasons covers the common problems.

When must the relationship be registered?

The relationship must generally be registered before the partner visa application is lodged for the 12-month exception to apply. A registration application that is still being processed at lodgement does not usually help, because the registration is not yet in place. Couples who are close to a visa expiry date need to plan the registration timing carefully, and an onshore applicant should also check whether Schedule 3 or a condition 8503 waiver issue applies.

What does a lawyer check on a registered relationship case?

A lawyer on a registered relationship case checks that the register used is a prescribed Australian register, that the registration was complete before lodgement, and that the details on the certificate match the passports and other identity documents. The lawyer also tests the evidence of the relationship itself, because the registration only answers the 12-month question. Our page on preparing evidence of a genuine relationship shows the evidence that carries most weight.

How can My Migration Lawyers help with a registered relationship partner visa?

My Migration Lawyers advises couples on whether registration is the right step before they apply, which register is available to them and how the timing affects their visa position. The firm then prepares the Subclass 820 or Subclass 309 application with evidence that stands on its own, rather than relying on the certificate. Couples applying in Australia can read about our Subclass 820 visa service, and all couples can speak with our partner visa lawyers.