Living and Working in Australia Forum With Immigration and Travel Information

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aussienerd 02-19-2012 02:16 AM

Same-Sex Patner Visa
Hi All,

Have read alot of posts here and glad there seems to be so many people willing to help and hopefully get some help myself.

I am an Australian male living in Sydney who met a British male on a working holiday about 10 months ago. We recently had our relationship registered on the NSW Same Sex Register at the Birth Death and Marriages office so we can legally have rights as a de-facto couple.

His working holiday Visa expires at the end of March and we have been looking at how we can progress from here Visa wise (seems you need a masters degree to understand some of the legislation.)

Our intention is to apply for a partner/de-facto visa in the next few weeks and submit it in person. We have not lived together for 12 months however do have a joint bank account and have had for a a few months. There is a interesting waiver that I am not sure applies to us however if it does, means our best shot at us staying together. The waiver indicates

"The 12-month relationship requirement may be waived if, at the time of application, one of the following situations applies:
*you had registered your de facto relationship.
Note: De facto relationship registration is not available in all states and territories. If you are considering registering your relationship, check with the relevant state or territory Births, Deaths and Marriages agency for further information."

As I reside in NSW and we have registered our relationship as a same sex couple with the NSW Births Deaths and Marriages office, will the 12 month requirement be waived if we submit a partner visa?

Any help on this would be great as there isn't a whole lot of details in that one line, even in the legislation I read.

Thanks in advance.

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