Is There a Waiting Period After Registering Before We Can Apply?

Do we have to wait after registering before applying for a partner visa?

A couple does not have to wait after registering before applying for a partner visa, because neither the Migration Act nor the Migration Regulations require any gap between registration and lodgement. The exception in regulation 2.03A asks only whether the relationship is registered when the application is made. A couple with a finalised registration certificate can lodge the same day. Our article on the de facto partner visa and the 12-month rule explains the exception.

Why do people think there is a waiting period?

People often think there is a waiting period because several state registers, including NSW, impose a cooling-off period between lodging the registration application and the registration being finalised. That delay belongs to the registration process, not to the visa. Once the registration is complete, the couple can lodge without further delay. Couples should check the current rules for their state or territory register before relying on a particular date.

What happens if we lodge before the registration is finalised?

If a couple lodges before the registration is finalised, the registration will not usually satisfy the 12-month exception, because it was not in place when the application was made. The application would then need to meet the 12-month requirement in another way, or it may be refused on that ground. A refusal of this kind can be costly, as our article on partner visa refusal reasons explains.

Should we apply immediately after registering?

Applying immediately after registering is lawful, but the couple should apply only when the relationship evidence is ready. The Department still assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment, and a newly registered short relationship often attracts close attention. Where the applicant's visa is not about to end, a short delay to gather stronger evidence can be worthwhile. Our guide on how much evidence for a partner visa is enough explains what to aim for.

What if the applicant's visa ends soon after registration?

An applicant whose visa ends soon after registration should lodge the partner visa before the substantive visa ends, so that the applicant is not subject to Schedule 3 criteria and receives a bridging visa on the usual basis. Where the visa carries condition 8503 No Further Stay, a waiver is needed before lodging in Australia. Our article on applying for a partner visa on a bridging visa and our guide to Schedule 3 criteria explain the risks.

Does the registration date matter for anything else?

The registration date matters mainly for the 12-month exception, but it also forms part of the relationship history the Department reviews. The relationship statement should explain why the couple registered and what their life together looked like before and after. The registration should also be consistent with what the couple said in any earlier visa applications about their relationship status.

How does My Migration Lawyers time lodgement after registration?

My Migration Lawyers times lodgement after registration by preparing the partner visa while the registration is being finalised, so the application is ready to lodge as soon as the certificate issues and before the applicant's visa ends. The firm checks the certificate details against the passports and makes sure the evidence supports the relationship on its own. Couples applying in Australia can read about our Subclass 820 visa service, or speak with our partner visa lawyers.