De facto visa - registering the relationsip, NSW

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De facto visa - registering the relationsip, NSW

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Old 10-18-2010, 11:26 PM
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De facto visa - registering the relationsip, NSW

Hi everyone,

I am from the UK and Iím currently on a student visa, which expires in March 2011. Iíve been in Australia for 2 and a half years, and with my partner for 2 years (heís an Australian citizen) For various reasons due to his work and my course, he is based on the Gold Coast and I live in Sydney. He travels down every fortnight and stays with me in Sydney for usually 10 nights and then flies back.

Because of the living situation, we may find it difficult to prove our de facto relationship, and for this reason we are looking into registering our relationship in NSW.

My question is this; it states that to register the relationship, 1 person in that relationship must be a resident of NSW Ė does this mean that the person who resides in NSW needs to be an Australian citizen or would I be eligible purely on the fact that I have an address in NSW?

If it is that the resident of NSW needs to be a citizen, my partner is on the utility bill with me, which goes to the Sydney address Ė is this evidence enough to suggest my partner lives in NSW and would it matter that he has a lease on the Gold Coast (essentially we would be saying he lives in both NSW and QLD)?

It is my understanding that if the relationship is registered then the 12 months of living together is wavered, providing you can still prove your commitment/shared life together?

Would appreciate any advice/suggestions from people whoíve been in the same boat!

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Old 10-19-2010, 11:32 AM
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Hi Suzi,
The NSW registration has only been established for a few months now and so there will likely not be too much history and whilst comparing it to Immi regs would have the requirements seen as far less, I think you may find that where at least one person needs to be resident in NSW, I would not mind betting that one person needs to be the Australian Cit./PR.
You probably ought to check with the B,D &M office.
I would also reckon that a joint power bill alone will show your fella to be a New South Welshman rather than a Queenslander.
Even if you do get a relationship registered, the Immi requirements still to have evidence of a relationship and again I reckon something more than paying a power bill in NSW will be required.
If there is a permanent address in NSW that he is more linked to and he travels interstate for work, that will be a far better approach.

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Old 10-19-2010, 10:12 PM
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Thanks for your reply!

I checked with BDM and it seems that getting a straight answer out of them is as difficult as getting a straight answer from immigration! Eventually, they advised that you donít have to be a PR/citizen but do have to reside permanently in NSW (by that they mean you have to have lived in NSW for a substantial period of time - their advice was 2 years - and it doesnít matter if you have an exit date on your visa), which luckily is fine for me!

We do have a lot of evidence of our relationship, dating back from over 2 years, but itís the whole living together thatís the problem (although I can get his contract from his work in Sydney and a stat dec from his employer to prove he has been working in Sydney)

Again, thanks for the adviceÖ this whole immig thing is such a rollercoaster!

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australian citizen, de facto, nsw, registering, relationship, visa

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