Hint: Submitting Relationship Registration after application lodged for certain visas

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Hint: Submitting Relationship Registration after application lodged for certain visas


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Old 04-05-2014, 09:43 AM
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Hint: Submitting Relationship Registration after application lodged for certain visas

Hi All -

As many of the posters here are involved in partner visa applications, I thought I'd post an interesting policy note from DIBP regarding the timing of registered relationships.

As you may know, if you register your relationship in an Australian state that allows these (all but SA and WA), presenting that relationship registration satisfies the 12 month living together requirement that defacto partner visa applicants otherwise have to meet, where they have to have lived together for the 12 months prior to application, other than any other temporary time apart.

It gets more interesting when you look at the law that governs this, which is contained in Regulation 2.03A(5) of the Migration Regulations 1994. While the requirement for the 12 months living together is a "time of application" requirement - that is, that the requirement must have been met at the time the application for the visa is made, the law does not impose such a time limit on the registered relationship option, which has resulted in the following policy note from DIBP's Procedures Advice Manual 3 (PAM3):

Unlike regulation 2.03(A)(3), which explicitly requires the 12 month relationship criterion to be met at the time of visa application, regulation 2.03A(5) is silent on when the relationship must be registered. As such, an applicant who registers their de facto relationship after the application is made but before it is decided is taken to have met regulation 2.03A(5).

For those couples who are or will be lodging defacto partner visa applications, this becomes important - in this case even if the registration of the relationship occurs after the application is lodged, as long as the registration occurs before the application is decided, the option is still available.

It's important to note that the other requirements for establishing a genuine relationship, etc are not affected by this, however it you're looking at registering your relationship for the purposes of establishing a defacto relationship for any of the following types of visas where the registered relationship option is available:

* Student Visa
* Partner Visa (defacto)
* Permanent Visa
* Skilled Migration Visa
* Business Skills Visa

it can be helpful to know that you can make an application for these visas without the registration certificate in hand at the time of application - it can be submitted later in the process as long as a decision has not yet been made on the visa per the PAM3 policy above.

Hope this helps -

Best,

Mark Northam

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Old 04-05-2014, 09:48 AM
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That's great news for some here who I know have been sweating on getting those certificates before they can apply! Once again, thanks Mark, for all the fantastic info you share with us!

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Old 04-05-2014, 10:35 AM
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That's great info, Mark, thanks! I still would be a little nervous about applying without it myself as every now and then we see people whose applications get looked at super quickly for some reason. But I'd reckon it's a pretty good gamble for people in a tough spot.

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Old 04-05-2014, 12:30 PM
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Thank you very much Mark. Very helpful as always. Are these policy notes only provided to registered migration agents, or can they be accessed by all of us on the DIBP website?

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Old 04-05-2014, 02:31 PM
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Hi Dinkum -

There's available in Australian libraries that have database links to the LegendCom system which is the system produced by DIBP that publishes the PAM3 as well as the latest versions of the regulations, act, citizenship act/regs/instructions, etc. As an agent, I have a legal requirement to have to pay for a subscription to this service for the entire period of my license. Subscriptions are available to the public as well - if you google "DIAC LegendCom" the subscription link should be available. Frankly I think it should be available at no cost on the usual legislation sites (like AUSTLII) as policy for visas is a huge area (thousands of pages) and knowing the policy for a particular matter, regulation or visa could make a big difference for applicants.

Best,

Mark Northam

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Last edited by MarkNortham; 04-05-2014 at 02:37 PM.

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Old 04-05-2014, 02:38 PM
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Thanks Mark. Very informative as usual. It will be interesting to see if I can get online access via my public library membership.

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Old 04-10-2014, 12:02 PM
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Does anyone know if defacto relationship can be registered in Australia for an offshore 309 partner visa? And if so can it be registered in a state if I'm not living in that state? State I'm planning to move to doesn't do relationship registrations. Thanks.

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Old 04-10-2014, 12:57 PM
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Hi Cozimhappy -

Great question! Migration Regulation 2.03A which establishes the 12 month defacto relationship provision, and which includes the registered relationship provision, specifically applies to both onshore and offshore partner visa applications. Given that, if you were able to register your relationship in an Australian state, I can't see why you would not be able to use that registration to avoid the 12 month defacto living together requirement. You'd have to check each state to see if there was a way you could qualify - all states except for SA and WA have ways of registering relationships that qualify under the provision, however many states have their own residency requirements. Would suggest you look into each state's requirements further to see if there's any way for you to qualify.

Hope this helps -

Best,

Mark Northam

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Old 04-10-2014, 02:10 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Cozimhappy -

Great question! Migration Regulation 2.03A which establishes the 12 month defacto relationship provision, and which includes the registered relationship provision, specifically applies to both onshore and offshore partner visa applications. Given that, if you were able to register your relationship in an Australian state, I can't see why you would not be able to use that registration to avoid the 12 month defacto living together requirement. You'd have to check each state to see if there was a way you could qualify - all states except for SA and WA have ways of registering relationships that qualify under the provision, however many states have their own residency requirements. Would suggest you look into each state's requirements further to see if there's any way for you to qualify.

Hope this helps -

Best,

Mark Northam

Many thanks Mark! Can I ask if I'm onshore in Australia on a holiday when 309 visa approved from offshore I believe I would need to go offshore for at least a few days so visa can be activated , how long is a person given before they need to do this? Thanks

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Old 04-10-2014, 02:19 PM
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Hi -

Normally they will give you a few weeks to make a trip offshore so the visa can be granted. Then once you enter on the new visa, that is considered activating the visa. Just make sure your case officer has current contact info for you as you're traveling and it doesn't hurt to advise the case officer of your travel plans, etc so they can track you down as necessary for the grant.

Best,

Mark Northam


Quote:
Originally Posted by cozimhappy View Post
Many thanks Mark! Can I ask if I'm onshore in Australia on a holiday when 309 visa approved from offshore I believe I would need to go offshore for at least a few days so visa can be activated , how long is a person given before they need to do this? Thanks

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