Where Can We Register Our Relationship in Australia?

Which Australian states and territories have a relationship register?

The Australian states and territories with a relationship register are New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. In New South Wales the register operates under the Relationships Register Act 2010, in Victoria under the Relationships Act 2008, in Queensland as a civil partnership under the Civil Partnerships Act 2011, in South Australia under the Relationships Register Act 2016, and in Tasmania under the Relationships Act 2003. The Australian Capital Territory provides for civil unions and civil partnerships. Each is run by the local Births, Deaths and Marriages registry.

Can we register our relationship if we live in Western Australia or the Northern Territory?

A couple living in Western Australia or the Northern Territory cannot register their relationship locally, because neither has a relationship register. Whether they can register elsewhere depends on the residence rules of the other register, and many registers require at least one partner to live in that state or territory. Couples in these places usually rely on the 12-month de facto requirement or on marriage. Couples in Western Australia can read about our partner visa lawyers in Perth, who act by video and email.

Why does registering a relationship matter for a partner visa?

Registering a relationship matters for a partner visa because a relationship registered under an Australian state or territory register is not subject to the 12-month de facto requirement in regulation 2.03A. This allows a couple in a shorter relationship to apply as de facto partners. Our article on the de facto partner visa and the 12-month rule explains this exception alongside the others. The registration needs to be in place before the application is lodged, so couples should allow time for the registry to process it. Our article on short relationships and partner visas explains why registration alone is rarely enough where the relationship is very new.

Does registration prove our relationship is genuine?

Registration does not prove a relationship is genuine for a partner visa. The certificate shows the relationship was registered, but the Department still assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A couple who registers quickly and has little other evidence may face close questioning. Our article on proving your relationship is genuine explains the evidence needed.

Does an overseas registered relationship count?

An overseas registered relationship does not remove the 12-month requirement in the same way an Australian registration does. The exception applies to relationships registered under an Australian state or territory law. A couple with an overseas registration can still use it as evidence of commitment, but should check whether the 12 months is otherwise met. Our guide to partner visa commitment evidence explains how this evidence is used.

How does My Migration Lawyers advise on registering before a partner visa?

My Migration Lawyers advises on registering before a partner visa by checking the couple's state of residence, the eligibility rules of the relevant register and whether the 12 months would be met anyway, so the couple only registers where it helps. The firm then plans the timing so the registration certificate is in hand before the application is lodged. Couples in Sydney or elsewhere can speak with our partner visa lawyers about registration.