Registered relationships as a loophole?

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Registered relationships as a loophole?


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Old 05-02-2013, 07:44 PM
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Registered relationships as a loophole?

I'm sure we are all by now aware of the fact that you can waive the 12 month cohabitation requirement without getting married if you register your relationship in Australia.

My question is this:

Knowing that relationship registration was legislated to provide same-sex couples with a means to give legal recognition to their partnerships, how do you feel about opposite-sex couples viewing it as a sort of loophole for de facto applications?

Disclaimer: I am in an opposite-sex registered relationship

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Old 05-02-2013, 08:43 PM
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I don't have a problem with it as a concept. I'm the first to admit that I will be registering my relationship at the earliest possible date to give
Weight to our 820 application. However I disagree with the fact that all they require to process it is ID. No further proof is necessary! I know people who have fraudulently registered relationships in order to apply for a defacto partner visa while someone like myself who is is a genuine relationship cannot register because my
Partner is only separated,not divorced. I think registration is a good thing but application should involve more background checks to determine if the couple is genuine or not


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Old 05-02-2013, 08:53 PM
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Quote:
Originally Posted by Valentine1981 View Post
I don't have a problem with it as a concept. I'm the first to admit that I will be registering my relationship at the earliest possible date to give
Weight to our 820 application. However I disagree with the fact that all they require to process it is ID. No further proof is necessary! I know people who have fraudulently registered relationships in order to apply for a defacto partner visa while someone like myself who is is a genuine relationship cannot register because my
Partner is only separated,not divorced. I think registration is a good thing but application should involve more background checks to determine if the couple is genuine or not
Well, getting married doesn't require evidence, either. DIAC still requires proof the relationship is legitimate when the relationship is registered.

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Old 05-02-2013, 08:54 PM
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When you say "application should require checks to determine if the couple is genuine or not" are you talking about the application to register the relationship or the visa application?

Visa application are most definitely checked to ensure genuine relationships... As for registering the relationship -- that's a state by state legislation, however I counter with -- since when can't you rock up at a courthouse or a vegas and get hitched to some guy you met two minutes ago?

While I certainly did register our relationship to give our application extra weight... Why not just get married? And if we dont want to get married for whatever reason, why do we see registering the relationship as ok?

And if that perception exists... how effective is the registered relationship legislation in providing equality for same-sex couples?

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Old 05-02-2013, 08:59 PM
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And therein lies the problem. There is so much scope for people to abuse the relationship registration/ Vegas marriage because they help waiver 12 months co-habitation. Given how many people are using the 'loophole' of relationship registration I can help but wonder if down the track DIAC will recognise it
As good evidence but it no longer counts as a waiver of
12 months defacto/cohabitation.


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Old 05-02-2013, 09:23 PM
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Ha. I love your disclaimer. Regardless of what it was designed for there always will be people that try to take advantage of laws and systems.

It's human nature. The role of the government is to catch these people. Trust me, registration of relationship or marriage, while waving the living together rule doesn't mean anything else. People still need to put a strong case to prove their relationship is genuine.

I, personally, more annoyed with welfare and public injury insurance frauds. These cost taxpayer a good buck !

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Old 05-02-2013, 09:34 PM
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As far as I can tell, one of the most popular topics on this forum seems to be how to get around the 12-month living together requirement - in other words, how to beat the system. I've two issues with this: firstly, are these loopholes really helping Australia? When a potential migrant's first sentence is "I want to live in your wonderful country" and the second is "Now how do I get round your rules?" I just wonder what kind of citizen of my country they're going to be. Not a great start, is it...? Maybe if they only see our laws as 'guidelines' - like Jack Sparrow's pirate code - they won't draw the line at welfare and insurance fraud either, who knows?

And secondly, what the heck is wrong with living under the same roof with somebody for a year before you commit to a long-term relationship in - for one of you at least - a foreign country anyway? Surely you would want to be certain for your own peace of mind that your relationship is "real and continuing" before you take that step. I'm not talking about convincing some bureaucrat at the DIAC, I'm talking about your own personal happiness. 'Cos we had a woman on here yesterday who'd rushed hubby into Oz on a PMV then found out he'd just used her to get into the country, and she sure didn't sound too happy...

So no, I'm not a fan of registration for straights. Hopefully we'll legalise same-sex marriage soon and it'll be scrapped. Although, I hear NSW will let everyone and his dog register their relationship. Maybe if I move to Sydney and register a same-sex relationship with my dog I can get her a visa. Reckon I'll save a fortune in quarantine costs!

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Old 05-02-2013, 09:39 PM
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Quote:
Originally Posted by The_Bankster View Post
As far as I can tell, one of the most popular topics on this forum seems to be how to get around the 12-month living together requirement - in other words, how to beat the system. I've two issues with this: firstly, are these loopholes really helping Australia? When a potential migrant's first sentence is "I want to live in your wonderful country" and the second is "Now how do I get round your rules?" I just wonder what kind of citizen of my country they're going to be. Not a great start, is it...? Maybe if they only see our laws as 'guidelines' - like Jack Sparrow's pirate code - they won't draw the line at welfare and insurance fraud either, who knows?

And secondly, what the heck is wrong with living under the same roof with somebody for a year before you commit to a long-term relationship in - for one of you at least - a foreign country anyway? Surely you would want to be certain for your own peace of mind that your relationship is "real and continuing" before you take that step. I'm not talking about convincing some bureaucrat at the DIAC, I'm talking about your own personal happiness. 'Cos we had a woman on here yesterday who'd rushed hubby into Oz on a PMV then found out he'd just used her to get into the country, and she sure didn't sound too happy...

So no, I'm not a fan of registration for straights. Hopefully we'll legalise same-sex marriage soon and it'll be scrapped. Although, I hear NSW will let everyone and his dog register their relationship. Maybe if I move to Sydney and register a same-sex relationship with my dog I can get her a visa. Reckon I'll save a fortune in quarantine costs!
I don't think that's an entirely fair view. I've been living with my partner for 2 years... But we lived on a boat for the first bit of it, so couldn't prove anything... And then he started working FIFO in Oz while we were living in Nz and we were worried that would effect the cohabitation requirement. We didn't want to chance it and we have very specific ideas about our wedding and can't make it happen right now.

Having said that, yes... There are people viewing it just as you said. But not everyone.

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Old 05-02-2013, 10:35 PM
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I'll admit that my own circumstances do cloud my judgement somewhat on this matter. Me and my other half have been together for over 18 months,we would classify ourselves as defacto for 15 of those months,however he has children from his first marriage and we had to make the decision to hold off on me moving in because their psychological wellbeing had to come before what we wanted to do. It's just hard as a non conventional relationship witnessing people who aren't even together,using the registration process to get out of the 1 year living together requirement. So will I use registration to add a dimension to our relationship,yes...do I think it's a good idea for opposite sex couples. Not really,I'm seeing too many people abusing it..."it's the Golden ticket" I think is my LEAST favourite quote regarding registration that I've heard this year....


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Old 05-03-2013, 01:22 AM
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Quote:
Originally Posted by jmcd16 View Post
I'm sure we are all by now aware of the fact that you can waive the 12 month cohabitation requirement without getting married if you register your relationship in Australia.

My question is this:

Knowing that relationship registration was legislated to provide same-sex couples with a means to give legal recognition to their partnerships, how do you feel about opposite-sex couples viewing it as a sort of loophole for de facto applications?

Disclaimer: I am in an opposite-sex registered relationship
Ooh you ask the dangerous questions. I like you The kind of question that I can answer knowing fore sure I will offend at least one person.

First of all I had no idea relationship registration was legislated for same-sex couples. Probably because I'm from The Netherlands (we're a bunch of hippies ) where gay rights aren't even debatable anymore, they're just a fact. We have registration and marriage next to each other, too, and both are for both. My cousin's lesbian aunt got married to her girlfriend a few days ago over there - and one of my best girlfriends and her boyfriend got registered with a big ceremony a few months ago. I don't relate either institute to any sexual orientation, but if being registered is for same-sex couples here I'm honored to be in the category as I personally don't feel I should have any more rights than a homosexual or bisexual person would get. Registration for everyone!

Anyway.

You were saying something about it being viewed as a loophole.

About that - we had already been living together for just about 22 months when we applied for our De Facto Partner Visa, so really. We wanted to get registered: one is we are already a financial unity in every way and wanted to solidify our partnership legally without getting married. By "without getting married" I don't mean we never want to get married. Hell we would have gotten married over a year ago. But the thing is we want our wedding to be special - the kind of special where both our families can be present. Which costs money. So we saw registration as a way to legally be a couple committed for life without rushing the wedding - which might be in 10 years for all we know. Who knows these things.

Anyway, my point is - people I suppose get registered for different reasons. What those reason are, isn't really any of my business. I can understand people getting registered because they simply haven't been able to live together for a year. What does offend me is when people who are still clearly in the dating phase, who barely know each other for a year do it. That's not fair. None of us had it easy, we all had to give things up to first figure out the relationship and then take the appropriate steps when we knew for sure this was for life. You can register to make sure you can stay together, but don't do it if you have not given yourselves and your relationship the time and/or thought to earn that registration. But to me, that is more of an abuse of the partner visa (to date each other some more rather than committing to a person after already dating them) than of registration.

At the end of the day right and wrong can't be caught with the same net. Lots of people register, not everyone should be registering, I suppose. Lots of people register to help their visa chances, not all of them are doing so to abuse the system or get something they don't deserve. If it was black and white... ah how fun would that be. The world would be a warzone.

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