Partner Visa: How To Register My De Facto Relationship in NSW?
If you are in a De Facto relationship with your partner and wish to apply for a Partner visa, you must show evidence that your relationship with your partner is genuine following the “Four Pillars“. One way to formalise your genuine relationship for New South Wales (NSW) applicants is to understand how to register a relationship. This method is important and may be very useful when you lodge your partner visa application, especially as a De Facto Partner.
What Does it Mean to Register a Relationship in NSW?
A registered relationship in NSW is a legal recognition conferred by the government, providing a layer of legal protection similar to that of married couples. By formalizing your union through the NSW Registry of Births, Deaths & Marriages, you add legal structure to your relationship, fulfilling the requirements for registration.
What are the Requirements to Register a Relationship?
The key requirement is that the relationship must be consensual, with both parties committed to a shared life.
What is the Purpose of Registering Your Relationship?
Registering your relationship serves multiple purposes, including:
Partner Visa Supporting Document: Registering a relationship can be supporting evidence for Partner Visa applicants.
Entitlement Claims: Facilitates access to parenting payments and other benefits.
Property Division: Provides a clearer framework for asset division in case of separation.
What are the Reasons to Register a Relationship?
Immigration Status: Registering a relationship provides documented evidence of your union for non-residents, which is vital for spousal visa applications.
Legal Protection: One of the main reasons to register your relationship is the legal protection it provides. Registering your relationship facilitates easier access to the Family Court for matters related to assets, custody, or alimony.
Financial Benefits: Registered relationships can aid in claiming parenting payments and spousal entitlements and help establish a formal basis for joint finances.
Medical Decision-Making: In emergencies, a registered relationship allows your partner to make medical decisions on your behalf if you cannot do so.
Property Rights: A registered relationship simplifies legal procedures in property disputes or inheritance issues, clearly defining shared assets.
What Types of Relationships are Eligible for Registration?
Marriage: You can register your relationship even if you are already married, which may assist when one partner is a non-Australian citizen.
De Facto Relationships: Defined as couples living together in a committed relationship but not married, registered de facto partners can access various benefits.
Same-Sex Couples: Australia supports the registration of same-sex relationships, granting them the same rights and benefits as opposite-sex couples.
Exclusive Relationships: Exclusive relationships that intend long-term commitment can also be registered. Casual or polyamorous arrangements are not eligible.
What are the Eligibility Criteria for Registering a Relationship?
Age Criteria: Both parties must be at least 18 years old.
Residency Requirements: At least one partner must be a resident of New South Wales.
Nature of the Relationship: The relationship must be genuine and ongoing, with a commitment exclusive to each other.
Pre-existing Legal Obligations: Individuals still legally married or in another registered relationship are ineligible to register a new relationship.
Citizenship: Citizenship status does not affect eligibility as long as age and residency requirements are met.
How to Register Your Relationship in NSW?
Registering your relationship involves several steps:
Step 1: Gather Necessary Documents
Collect all the essential documents, including:
Proof of identity (e.g., passport, driver’s license)
Proof of age (e.g., birth certificate)
Proof of residency (e.g., utility bills)
If applicable, evidence of previous relationship termination (e.g., divorce papers)
Step 2: Choose the Type of Relationship
Decide on the nature of your relationship (e.g., de facto, exclusive relationship) as it will dictate your rights and obligations under the law.
Step 3: Submit Your Application
You can apply either online or by post:
Online: Visit the NSW Government’s Service NSW website to complete the application form.
By Post: Download and complete the form, then send it to the Registry of Births, Deaths & Marriages.
Step 4: Pay the Application Fees
The application incurs a non-refundable fee, which varies based on the service type:
Standard service: AUD 253
Step 5: Wait for Confirmation
After submission, there is a mandatory 28-day cooling-off period. If no objections arise, your relationship will be registered, and a certificate will be issued.
What should I be aware of before registering for my relationship?
Document Preparation: Organize all necessary documents before starting the application.
Type of Relationship: Determine this early, as it affects your legal rights.
Application Mode: Choose between online and postal applications.
Fees: Be aware of the costs and ensure timely payment.
Cooling-off Period: Prepare for a month-long waiting period after submission.
How can Agape Henry Crux Help You?
By understanding these steps and benefits, you can make an informed decision about registering your relationship in NSW. If you have further questions, consider contacting us to speak with one of our Accredited specialists in Immigration Law, Immigration Lawyers and Registered Migration Agents. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these languages aren't yours, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.