12/10/2023
CIVIL PARTNERSHIP REGISTRATION
To apply for a Partner Visa as a de facto partner, the applicant must demonstrate at least 12 months of cohabitation with their Australian partner in the period immediately prior to lodging the visa application. However, you would be exempt from the 12 month requirement if you register your relationship in an Australian state or territory. You would still need to show that you are living together but not necessarily for 12 months.
Registration provides legal recognition as a couple under the state law and as well as being beneficial for immigration purposes. Usual requirements include:
Both partners must be 18 years old or over
Must not be in a relationship as a couple with another person – in particular they must not be married, in a de facto relationship or in a registered relationship
Must not be related by family.
Same s*x and different s*x couples can register their relationship.
Registration is available in NSW, QLD, Victoria, SA, the ACT and Tasmania and the main requirements are listed below for these states.
NSW – Registered relationship under s.4, Relationships Register Act 2010
NSW residents can register via Registry of Death Birth and Marriages. At least one partner must live in NSW. It will take 28 days to receive your certificate after you have registered your relationship.
Victoria – Registered Relationship under s.10(3)(a) of Relationships Act 2008
Relationships are registered through Births Deaths and Marriages Victoria. Persons who are in a registrable domestic relationship or a registrable caring relationship may apply to the Registrar, in a form approved by the Registrar, for registration of that relationship if one of the persons in the relationship lives in Victoria and that each of the persons in the relationship is not married or in a registered relationship and is not in another relationship that could be registered.
QLD – Civil Partnership under s.5 of Civil Partnerships Act 2011
At least one partner must have lived in Queensland for at least 6 months and you must provide evidence of this. You can apply by post and processing time to register relationships is 10 days. Cost of your registration certificate would be $43.50.
Tasmania – Significant Relationship under s.4 of Relationships Act 2003
You can apply by post or in person with the Tasmania Department of Justice. It will take 28 days to receive your registration certificate. Both partners must be residents of Tasmania. Application fees are $179.08.
ACT – Civil Partnership under s.6 of Civil Partnerships Act 2008
Civil partnership registration can be obtained via Access Canberra. At least one of the partners to a must live in the ACT. Two forms of evidence of residency must be provided. You can apply in parson or by post. However if you apply by post, at least one applicant would still need to present identification at the post office. There are no fees for civil partnership registration.
South Australia (SA)
Registered Relationship under s.6 of Relationships Act 2008
Relationships are registered through Births Deaths and Marriages South Australia. At least one partner must live in SA. It will take 28 days to receive your certificate after you have registered your relationship.
Northern Territory (NT)
Relationship registration not available
Western Australia (WA)
If you are resident of WA you can register your de facto relationship, however it is not recognised for migration purposes.
