De-Facto Questions (offshore application) - Page 2

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De-Facto Questions (offshore application) - Page 2


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  #11 (permalink)  
Old 12-19-2009, 10:05 AM
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Hi yeah510,
The relationship registration is designed primarily for people who can't get married (same sex) but the legislation has the effect of being non-discrimatory, therefore, anybody who is in a relationship can get it registered, irrespective of their sex. It basically gives couples various rights similar to a married couple in case of separation, i.e. property, inheritance, etc. It has been around for some time but it's been only recently that DIAC has decided to recognise those registrations same way as legal marriage, so gay couples do not have to show 12 months if they've registered their relationship. DIAC has not yet dealt with many cases of opposite sex registered relationships, if any, so there may be a danger of them questioning the situation, i.e. why you choose the registration rather than get married. I don't think DIAC officers are experienced enough yet to know what it is about, so I suppose for some time they will accept it at face value.
If you choose to do it, let us know. You do it with the same registry where you can arrange your marriage, Victorian Registry of Births, Deaths and Marriages.
Good luck,
dorota


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Old 12-19-2009, 12:49 PM
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Just putting some of what xdorota has stated in a step by step approach, first of all if you go to the relevant immi site section:
Family - Visas & Immigration
Go to the In Australia 820/801 and follow links under the eligibity section and @ Australian Immigration Fact Sheet 35. One-Year Relationship Requirement scroll down a bit to
Quote:
Waivers
The one-year relationship requirement does not apply if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa. For example:

•in the case of a de facto partner relationship where there is a child from the relationship
•at the time of application of the partner visa, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation, or
Regardless of same sex or not, registration of a relationship is possible under Victorian State Law and according to legislation passed for Immigration a registration is accepted and hence the regs now show that.

To get registered is a simple enough matter of showing evidence that you live in Victoria and having ID which in the case of Victoria will be for some one having an overseas passport needing another form of ID such as a Drivers Licence which may be a stumbling block for some.
Have a read of https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/DomesticRelationship_ApplyToRegister.pdf and ID requirements are on P3

If you do not have a DL and that presents a difficulty re time, it would not hurt to contact the Registry and explain your situation and ask whether some other form of ID or a statutory declaration would suffice.
https://online.justice.vic.gov.au/CA...ships~&2=~&3=~ gives information about getting a certificate.

If you find you can register and want to proceed, then I would expect you may still need to provide some evidence of your relationship and contact with DIAC may help in that regard.

If you speak to someone unaware of the new legislation it is on the Immigration site and you could refer them to Australian Immigration - Legislation Change Update

Any time you do get someone who does not know what you're talking about, it always pays to ask if they are aware of the new legislation/regs and if not, if there is someone available who is.

Registering the relationship and proceeding this way is somewhat more pertinent to being done while in Australia.





  #13 (permalink)  
Old 01-07-2010, 05:41 AM
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Thanks dorota and Wanderer the information about the relationship registration. But my bf and I decide not to do it as 2-3 years we will get married.

We're preparing all the doc. Today just mail my police check form and print out our photos which are about 6x... seems to be a lot! I will write down when where who at the back of each photo.

And just find out my application must be in HKD as I will apply offshore.


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