Who is Eligible to Register their Relationship with the Australian Government?
If you are in a relationship with someone in Australia, you may want to apply for a Partner Visa 820 or Partner Visa 309 so you can also live there with your significant other. However, being in a relationship doesn’t mean you will automatically qualify for an Australian partner visa, especially if the person living in Australia isn’t your spouse or de facto Partner (common-law Partner).
You and your Partner will need to do several things to successfully register your relationship before you can apply for an Australian Partner Visa. Here is how to register your relationship in Australia.
Who is eligible to register their relationship with the Australian government?
The following couples are eligible to register their relationship with the government of Australia:
- Same-sex couples.
- Opposite-sex couples who meet the criteria for a de facto partner visa.
- Opposite-sex couples in a marriage-like relationship who don’t live together full-time.
- Couples who don’t live together full-time have a child living with them as at least one parent’s primary career.
- All other unmarried couples, including heterosexual and same-sex couples.
- There is no age requirement.
- Nor is there any requirement that one party be dependent on the other.
- Both parties must be 18 years old or over.
- Not already married or in a relationship with anyone else when they apply.
- Anyone can apply to register their relationship even if they’re not yet living together as long as they intend to do so in the future.
How to register your relationship in Australia?
Registering your relationship with the appropriate authority is important if you want to be eligible for a partner visa. However, many steps go into this process, so it’s important to do it right. Here are some tips on how to register your relationship.
- Go to your country’s embassy or consulate in Australia.
- Apply for proof of your relationship.
- Bring relevant supporting documents.
- Fill out the application form and submit it along with any other documentation they may request.
- Pay the required fee and wait for them to get back to you within 10 business days with their decision.
- If approved, they will provide you with their decision, either approved or refused.
- If refused, they’ll explain why and offer help with appealing the decision if necessary.
- If approved, you will receive a letter from the authorities confirming your registration status and date of approval.
- You can then use this confirmation letter as evidence when applying for a visa from the Australian Government’s Department of Immigration and Border Protection (DIBP).
Understanding The “12-month rule.”
The 12-month rule, also known as the 1-year rule, requires that partners who are not married must have been together for at least 12 months before applying for a partner visa. This is in contrast to the 3-month rule, which applies to married couples. The 12 months are counted from the day a valid application is made.
To meet this time requirement, a couple must be registered with the same country’s government as being in a de-facto or common-law relationship.
Australian Partner Visa
1. Partner Visa 820/801 for Australia
The partner visa subclass 820 is a permanent residence visa that applies to married people or in a registered partnership with an Australian citizen. This is the most common way of applying for a permanent residence visa. To be eligible, you must be sponsored by your spouse or Partner and have lived together in Australia as their spouse or Partner for at least two years.
The requirements for a partner visa 820 are as follows:
- You and your Partner must be in a committed, genuine, and ongoing relationship.
- You must have lived with them in their home for 12 months before applying.
- You must provide evidence of having met them face-to-face in the past 2 years.
Applying for Partner Visa 820
To apply, complete an Application for a partner visa, which includes information such as your name, details of any children and financial information. You will also need to provide evidence that you have been living in Australia as the spouse or Partner of your sponsor – this could include a rental agreement or utility bills if living with them.
You will be granted a permanent resident visa if your application is successful. To gain citizenship after three years, you must reside in Australia for more than 183 days per year during those three consecutive years. If your application for Partner Visa 820 is unsuccessful, you can still remain on a temporary visa until the end date listed on your temporary partner visa or other forms of temporary stay; however, these visas generally only last until one year after arriving in Australia and cannot be extended past that point.
2. Partner Visa 309/100
Partner Visa Subclass 309 is a permanent residence visa for the spouse of an Australian citizen, permanent resident or eligible citizen. The Partner must be married to the sponsor for at least 12 months or have been in a relationship with their sponsor for at least 2 years. Once granted, the holder can stay in Australia indefinitely.
They are entitled to work and study without restriction and access social security benefits. To qualify for this visa, one needs to meet certain requirements, such as having enough money (approximately $100,000) or showing they will not need assistance from public funds during their first 5 years in Australia.
To be eligible for the visa, you must meet the following requirements:
- You must have been in a relationship with your Partner for at least 12 months.
- You must intend to live with your Partner as a spouse in Australia.
- You cannot be married to more than one person. If you are not married but were previously, you will need to provide proof that you obtained a divorce or annulment.
Applying for Partner Visa 309/100
- You must prove that you have a valid marriage or relationship with your Partner.
- Prove that your Partner cannot live in their home country because of persecution or fear of persecution due to race, religion, nationality, social group, or political opinion.
- Finally, if they meet the above criteria, they must also be able to show that they are genuinely living overseas for them to get the Partner Visa 309.