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Hi -
The 1-year living together rule for defacto couples only applies to specific visas, including the onshore partner visa. The registration option to avoid this requirement is very specific - here's the DIAC policy:
6.5 If the relationship is registered under Australian State/Territory law
Under regulation 2.03A(5), the minimum relationship period does not apply if the relationship is registered under a State/Territory law prescribed in the Acts Interpretation Act (Registered Relationship) Regulations (namely, regulation 3) as a kind of relationship as prescribed in those Regulations.
Currently, only the following laws and relationships are prescribed (and so meet the requirements of regulation 2.03A(5)):
Victoria - Relationships Act 2008 - a registered relationship that is registered under s10(3)(a) of that Act
Tasmania - Relationships Act 2003 - a significant relationship as defined in s4 of that Act
NSW - Relationships Register Act 2010 - a registered relationship as defined in s4 of that Act
ACT - Civil Partnerships Act 2008 - a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in s6 of that Act for entry into a civil partnership.
QLD - Civil Partnerships Act 2011 - a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a civil partnership.
So for purposes of a partner visa based on a defacto relationship, to avoid the one-year living together rule, you'd need to register your relationship with one of the states as indicated above.
Turning to the subclass 461 visa, this one's a bit of a unique visa in that it technically is a temporary visa, but has a duration of 5 years and allows travel to and from Australia, and can be renewed just like a PR visa can be after 5 years. This visa is for family members ("member of the family unit", which can include a de facto partner) of NZ citizens holding a subclass 444 visa which is normally granted upon entry to Australia.
The one-year living together regulation for de facto couples does not apply to this visa. However, you'll still need to properly evidence the de facto relationship, and DIAC will take a good look at the 12 months before application for that (and sometimes longer if the relationship began before that).
I hope this is of some help - please advise if I can assist further.
Best,
Mark Northam
The 1-year living together rule for defacto couples only applies to specific visas, including the onshore partner visa. The registration option to avoid this requirement is very specific - here's the DIAC policy:
6.5 If the relationship is registered under Australian State/Territory law
Under regulation 2.03A(5), the minimum relationship period does not apply if the relationship is registered under a State/Territory law prescribed in the Acts Interpretation Act (Registered Relationship) Regulations (namely, regulation 3) as a kind of relationship as prescribed in those Regulations.
Currently, only the following laws and relationships are prescribed (and so meet the requirements of regulation 2.03A(5)):
Victoria - Relationships Act 2008 - a registered relationship that is registered under s10(3)(a) of that Act
Tasmania - Relationships Act 2003 - a significant relationship as defined in s4 of that Act
NSW - Relationships Register Act 2010 - a registered relationship as defined in s4 of that Act
ACT - Civil Partnerships Act 2008 - a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in s6 of that Act for entry into a civil partnership.
QLD - Civil Partnerships Act 2011 - a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a civil partnership.
So for purposes of a partner visa based on a defacto relationship, to avoid the one-year living together rule, you'd need to register your relationship with one of the states as indicated above.
Turning to the subclass 461 visa, this one's a bit of a unique visa in that it technically is a temporary visa, but has a duration of 5 years and allows travel to and from Australia, and can be renewed just like a PR visa can be after 5 years. This visa is for family members ("member of the family unit", which can include a de facto partner) of NZ citizens holding a subclass 444 visa which is normally granted upon entry to Australia.
The one-year living together regulation for de facto couples does not apply to this visa. However, you'll still need to properly evidence the de facto relationship, and DIAC will take a good look at the 12 months before application for that (and sometimes longer if the relationship began before that).
I hope this is of some help - please advise if I can assist further.
Best,
Mark Northam
