When you are applying for certain visas in Australia and cannot satisfy the 12 month DeFacto requirement, you may wish to consider registering your relationship. Registering your relationship is an easy and inexpensive way to formalise your de facto status and formally express your commitment to each other.
There are benefits for immigration purposes which means you will not have to satisfy any other criteria in order to evidence that you are in a defacto relationship.
If you wish to include your partner in one of the following visas and do not meet defacto criteria, registering with a State or Territory in Australia may be an option to consider.
• Permanent visas
• Business Skills (Provisional)
• Student visas
• Partner visas In Australia (820/801 or 309/100)
• General Skilled Migration visas
It is important to register your relationship at the right time if you are planning to submit a partner visa application; ensure your relationship timeline meets the criteria.
How Do I Register Our Relationship In NSW | New South Wales
Provided at least one partner resides in NSW, you can apply to register a relationship in NSW.
You may apply by post, in person or online to register a relationship
The NSW Relationships register commenced operation 1 July 2010. It provides legal recognition for a couple, regardless of their sex, by registration of the relationship.
Adults who are in a relationship as a couple, regardless of sex, can apply for registration of their relationship, provided at least one of them lives in NSW. Adults in both heterosexual and same-sex relationships are eligible to register.
A relationship cannot be registered if either person is:
under 18 years old
in another registered relationship
in a relationship as a couple with another person, or
if they are related by family.
A couple does not have to live together to be eligible to register their relationship.
Same Sex Couples
LGBT couples are eligible register their relationship in Australia. You may wish to do this if you are applying for a Partner visa. This helps to demonstrate commitment in the relationship.
How to apply
The couple should complete a statutory declaration stating that they:
wish to register the relationship,
are in a relationship as a couple with the other person,
are not married or in a relationship as a couple with anyone else and that they are not related to each other by family,
are not in another registered relationship whether in NSW or in another Australian jurisdiction, and
do or do not reside in NSW (as at least one member of the couple must reside in NSW).
When you make the application, proof of identity is required for each person along with payment of a fee.
Once an application is made, there is a 28-day cooling off period in which either party can withdraw the application. After that time, the Registrar will register the relationship and issue the couple with a certificate recording the event if the appropriate application has been submitted and the fee paid.
Things To Keep In Mind
Couples in registered relationships will be recognised as 'de facto partners' for the purposes of legislation in NSW, and will also be subject to certain obligations or restrictions under NSW law.
You may also wish to speak with a family Lawyer to ensure you understand your legal obligations are when your relationship is registered.
Go to the NSW Service Website to commence the application: LINK
Follow the online prompts and provide the necessary information.
Upload identity documents (required from each category)
Download the Statutory Declaration and have the document signed by an authorised witness.
Save the application and come back later to complete the process.
Order your certificate and pay the fee.
After the cooling off period has elapsed your relationship certificate will be posted to your nominated address. This is a big occasion, have a celebration and don't forget to snap some photos!
Tel: +61 (02) 8011 4922
Mobile: +61 455 295 988
Michael Dooley | Principal Immigration Consultant | MARN 1789997