If you are in a de facto relationship and wish to lodge a partner visa, may want to consider registering your relationship. The advantage of registering your relationship is that you no longer need to meet the 12 months rule. This rule requires that all de facto partner visa applications must demonstrate that they have been in a “de facto relationship” as defined by Migration law for at least 12 months prior to the application date. That last bit is important because it means that you cannot correct this later – you require evidence from the past.

Remember, this rule requires that the whole relationship is evidenced as being characterised as de facto for at least 12 months. It is not simply a matter of showing that you lived together for 12 months. There are four categories of evidence that are required to meet this test- Financial, Household, Commitment and Social evidence. Often de facto couples have been living together for 12 months but lack the documentation to evidence a complete de facto relationship for that time period. While they meet the de facto definition now, they may not have the evidence going back 12 months. The 12-month rule can be quite limiting.

So to avoid this problem, you can register your relationship and now you do not need to evidence 12 months of being in a de facto relationship. You will still need to meet the requirement to demonstrate that you are in a genuine de facto relationship at the time of application though.

To find out more about how to register your relationship see this webpage at consumer and business services in South Australia: https://www.cbs.sa.gov.au/registering-a-relationship-in-sa/

For complete advice about your eligibility for a de facto partner visa contact us to book your consultation with a specialist agent.