I’ve talked about the requirements of a Partner Visa previously, but to recap very quickly, the length of your relationship is a key component to meeting the criteria for a Partner Visa.
You must demonstrate that you and your partner have been in a de facto relationship for 12 months or more at time of application or are in a spousal relationship.
So what happens if neither of those two scenarios apply to you? In this blog, I’ll be talking about relationship certificates and what they mean for your Partner Visa.
What is a relationship certificate?
A relationship certificate for immigration purposes is a document (certificate) that has the ability to waive the 12 month de facto rule.
Partner Visa legislation and policy recognises that the 12 month de facto rule doesn’t apply to you if you have registered your relationship with a relevant state or territory in Australia.
It’s important to note that not all states and territories in Australia recognise relationship certificates. Currently, the states and territories where you can register a relationship are:
You cannot register a relationship if you live in Western Australia or the Northern Territory.
How can I get a relationship certificate?
Each state and territory has their own set of requirements around how to register a relationship. Where you have questions around how to register a relationship including fees and processing times, I would recommend you reach out directly to your state or territory. For example, if you live in Queensland, you should contact the Registry of Births, Deaths and Marriages.
I also think it’s important to obtain independent legal advice before registering a relationship certificate.
How will I know if I need a relationship certificate?
This is one of the benefits of our evidence planning session. It becomes apparent pretty quickly that some couples need to register their relationship before lodging a Partner Visa. We can identify this for you during your evidence planning session once we have more of a feel for the evidence pointing towards when your de facto relationship actually began.
We’re already engaged – should we still register our relationship?
There’s no clear cut answer that fits all situations. It’s important to get advice and see whether you may still need to register your relationship (even if you are getting married) and the implications on the visa application if you do.
Misconceptions about relationship certificates
My pet peeve when it comes to relationship certificates and Partner Visas is that it’s going to solve all your problems!
I’ve seen people on so many different forums and groups advise that someone just register their relationship and their application will be ‘just fine’, but this simply isn’t true. A relationship certificate does waive the 12 month de facto period, but it doesn’t automatically make you a de facto couple in the eyes of Immigration.
Your application is still going to be assessed against the four pillars of relationship, so if you are relying on a relationship certificate to get you over the line without having your evidence checked, then I would recommend getting some level of support with your application.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
