The NSW BDM website has awesome news that registering relationships will provide evidence of a de facto relationship. However, on their document information page they have a "Relationship Registration" and a "Relationship Certificate". see the website at bdm.nsw.gov.au/OurForms
What is the difference between Item 18 and Item 20? For a de facto visa purpose do we need to have the 'certificate'? Does the latter just prove the former and come together once accepted?
And the most important question of all, will having a registered relationship contribute as evidence towards a committed and loving relationship for Immi purposes? It seems like all you have to do is sign the papers stating you're committed. Which is fine...but Immi makes you have 10,000 other docs to prove it. Does Immi take this Registration as legitimate evidence? Also concerned that the NSW legislation just came out. Does anyone know of any precedence?
Once successful with a registration application a certificate can be issued.
You need some form of proff of registration to accompany a visa application if that is what you are going to do.
It waives the 12 months relationship requirement but yes, you still need other evidence and you will find all about that on the Immi web site, Booklet #1 being a good read on it all.
In fact you ought to study up on the visa generally and in depth to plan ahead. Family - Visas & Immigration
It makes sense that the Certificate will serve as proof of Registry. But you would think that a Certificate would come when you register, and you wouldn't have to request one! It's like asking for your receipt.
Regarding your other reply to my thread combined with this topic, is it a viable option for us to bypass the ETA and we register after 6 months of my W&HV, which will eliminate the need for +12 months of relationship evidence?
I myself have been looking into this as I am waiting PR in the UK but have an Austrlian partner ( 9months) and De vacto is something we may consider if PR takes too long.
It was avised to register our relationship to waive the 12months and I have contact BDM in NSW as I have all documents needed and can do this with me being in the UK and him in OZ
But as I met him after I left Oz, we have never had the chance to live together, we have met each others families, visited each other and met in other countries.
What we don't have is joint accounts and never lived together, so what I'm asking is does anyone know or have any experience of, using the relationship registration and / or never living together (we cant as it legally not possible either way for us to be in the same country without a valid visa)
does the reg of the relationship just waive the 12 months together? does this include living together ?
By registering the relationship, it just means you can apply without having lived together for 12 months, however, you still must convince immigration that yours is a genuine and ongoing relationship.
Joint accounts aren't an obligation, you just need to demonstrate how your finances are shared; whether your share costs, wether you have given each other money, paid things for each other, bought each other things.
Basically, what is most important is the evidence of a genuine relationship. Someone who has been living with their partner for 1 month could get the visa if they have the evidence, just as someone who has had 12 months co-habitation. Not having lived with your partner won't disqualify you for the visa, because of the relationship registration, but this does not exempt you from the other evidence.
As a guide, we refer to page 41 of the partner migration booklet: http://www.immi.gov.au/allforms/booklets/1127.pdf
The list is just a guide, but it'll give you an idea of what they are looking for. What you need to show for a de facto relationship, is that you are not just casual boyfriend/girlfriend, but that you are in a serious, marriage-like relationship.
If you don't think that you have enough evidence to prove your relationship, you should consider at least spending a couple solid months together (using tourist visas) in either country, to give you more time to gather that evidence.
Unfortunately it's online available in TAS, VIC, NSW and the ACT It seems in NSW it's extremely easy to get because they aren't concerned by the foreign partner's visa status, though it's nearly impossible in Victoria if the foreign partner is on a Tourist or Working Holiday visa.
Hi guys, been reading everyones post really useful
But i still had a doubt about my case not sure?
Ok I have been with my Gf who is sponsoring me for about 2 years. As a living couple we have been together for almost 5 months, last month hoping to waive the 12 months rule we certified our Relationship in the Court! How does that help? can we apply for the VISA right now? as to provide enough documents for the last 12 months we have the same bank account for over a year , would that be enough? Just wondering if we can already apply the Defacto visa now? I called the Hotline on Immigration they said, the 12 months period is a fundamental criteria! but if you have your relationship registered you may apply before hand as loong as you can prove why you werent together but the 12 months period will still apply?
she kind of confused me, So here I wonder what should i do? any suggestions?
Superman,
I am in a similar situation applying for the De Facto visa. I am in NSW and my bf and I just registered our relationship yesterday(!) However, you need to account for 4 weeks of processing time plus 4 weeks of the 'cooling off period' (if you guys break up or decide against it, this is your window). In about 2 months we should receive our certificates and we'll have to make a certified copy to send in with the visa application.
Having the state certificate DOES eliminate the 12 month rule for living together, refer to p18 in Booklet 1, Partner Migration of the migration booklets
"The 12-month relationship requirement at the time of application lodgement does not apply if....at the time of application for the visa the de facto relationship was registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008...."
So once the cert comes through and you have gathered all your other evidence, you'll be fine!
Hope this helps. Cheers.
Oz
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