In the context of applying for a partner visa in Australia, civil partnership registration and marriage both serve as evidence of a genuine and committed relationship between the applicant and their sponsor. Here’s how they factor into the application process:
Civil Partnership Registration
A civil partnership, also known as a registered de facto relationship, is a legally recognised relationship between two people, similar to marriage, but without a formal ceremony.
Eligibility: Many states and territories in Australia offer the option to register a relationship, which can be between same-sex or opposite-sex partners.
Evidence: Registering your relationship can be a strong piece of evidence to demonstrate that you are in a committed, genuine, and ongoing relationship. It can assist with the process of proving your relationship, as registration is recognised by the Department of Home Affairs.
Benefits: If you have been in the relationship for less than 12 months, usually you would not be able to lodge a Partner visa application under de-facto relationship provisions and you may find it challenging to provide comprehensive evidence covering all aspects of the relationship. Although it is important to provide as much evidence as you can to cover as many aspects of your relationship as possible, having a civil partnership could strengthen your case.
Marriage Registration
Marriage is a legally recognised union between two people and can be proven with a marriage certificate.
Eligibility: For partner visa purposes, marriages must be recognised under Australian law, which includes both opposite-sex and same-sex marriages. If you were married overseas, the Department of Home Affairs will recognise your marriage as long as your marriage is officially recognised in the country where it took place.
Evidence: A marriage certificate is one of the most straightforward pieces of evidence for a partner visa application. It shows that the relationship is legally recognised and ongoing.
Benefits: Similar to registered relationships, a marriage certificate can simplify the process of proving your relationship to the Department of Home Affairs. It serves as strong evidence of a committed relationship, though additional evidence of a shared life would still be required.
Important Considerations for Partner Visa Applications with or without a Civil Partnership Registration Certificate or Marriage Certificate:
Genuine and Ongoing Relationship: Whether registered as a civil partnership or married, you must demonstrate that your relationship is genuine and ongoing. This includes showing the emotional, financial, and social aspects of your partnership.
Shared Life: Evidence of a shared life is crucial. This can include joint bank accounts, leases or mortgages, utility bills in both names and photos together over time.
Mutual Commitment: Proof of mutual commitment to a shared future, such as future plans or travel together, can strengthen your application.
Duration: Generally, the longer the relationship, the stronger the evidence of a genuine and committed partnership.
In conclusion, both civil partnership registration and marriage are significant forms of evidence when applying for a partner visa in Australia. They help establish the legitimacy and seriousness of your relationship, making your application stronger and more straightforward to process. However, additional supporting evidence is often required to fully satisfy the Department of Home Affairs of the genuineness of the relationship.
How to apply for a Civil Partnership Registration in Australia by State and Territory
Australian Capital Territory
Civil partnerships are legally recognised relationships between two adults under the ACT law, governed by the Domestic Relationships Act 1994. They are considered equivalent to civil unions and marriages in terms of rights under ACT laws.
Key Steps to Register Your Civil Partnership
Eligibility: Both individuals must be adults, at least one must live in the ACT, and neither can be currently married, in a civil union, or in another civil partnership. They must not be biologically related.
Documentation: Required documents include proof of identity and residency in the ACT for more than three months, as well as evidence that any previous relationships have been legally terminated.
Application: Complete and submit an “Application to register a civil partnership” form via email, in person, or by post.
Ceremonies
While a ceremony can be held either before or after the registration, it is not mandatory.
Recognition and Interstate Considerations
Civil partnerships are recognized under ACT law, but recognition can vary under Federal and other state or territory laws. It may be necessary to provide additional proof of the relationship when outside the ACT.
Certificates
You can request a civil partnership certificate if you meet certain criteria and submit the necessary application along with identity verification.
For more detailed information, including forms and specific guidance on proving residency and identity, please refer directly to www.accesscanberra.act.gov.au
New South Wales
The NSW relationship register acknowledges relationships between two adults, offering an official recognition that is legal and formal.
Key Steps to Register Your Civil Partnership
Eligibility
– At least one partner must reside in NSW.
– Both partners must be over 18 years old.
– Neither partner can be married or in another registered relationship in any state or territory of Australia.
– Partners must not be related by family.
Documentation
– Personal and contact information for both partners.
– Three proof of identity documents for each partner.
– A statutory declaration witnessed by an authorized individual.
– Proof of address if residing in NSW.
– A valid email address and a current credit card for payment.
Application Process
Proof of Identity (POI) Documents
Documents are categorized into three groups, and one document from each category must be provided. Categories include Australian birth certificates, driver’s licenses, and Medicare cards, among others.
Additional Information
– Authorised witnesses can be JPs, legal practitioners, or consular officers.
– A 28-day cooling-off period applies, during which the application can be withdrawn (fees are non-refundable).
– Relationship certificates are dispatched via registered post after registration.
Offline Application Option
For those unable to apply online, there is an option to download and fill out a PDF form, and submit it via post, or in person at a service centre.
For a detailed step-by-step guide, required forms, and further information about the process, please refer directly to www.nsw.gov.au
Queensland
Civil partnerships provide legal recognition for couples in Queensland without requiring a declaration ceremony. Unlike marriage, civil partnerships are governed by specific state legislation.
Eligibility
– Both partners must be over 18 years old.
– At least one partner must currently reside in Queensland.
– Neither partner can be married or in another civil partnership.
– The relationship must not be prohibited (e.g., not closely related).
– Proof of dissolution is required if either partner was previously married.
Documentation
– Three forms of ID for each partner.
– Proof that one partner lives in Queensland.
– All documents must be in English or accompanied by accredited translations.
Application Process
– By Post: Send to the Registry of Births, Deaths and Marriages in Queensland.
– In Person: Book an appointment and visit the Brisbane registry customer service centre or other designated locations outside Brisbane.
For detailed information, refer to www.qld.gov.au
Victoria
Domestic relationships in Victoria are recognised once registered, providing legal acknowledgment to couples who support each other both domestically and financially, without being married or in a registered relationship elsewhere.
Eligibility
– Both partners must be at least 18 years old.
– At least one partner must reside in Victoria at the time of application.
– Neither partner can be married, in another registered relationship, or in another registrable relationship.
– Partners must provide mutual domestic support and be committed to each other personally and financially.
Documentation
– Proof of identity for both partners, which can include a driver’s license and passport.
– Proof that at least one partner currently lives in Victoria, evidenced by documents such as bank statements, utility bills, or rental agreements.
– A statutory declaration by both partners confirming their eligibility and consent to register the relationship, which must be witnessed by a qualified individual.
Application Process
3. One partner must provide evidence of residency in Victoria.
4. Both partners need to complete a statutory declaration in the presence of a qualified witness.
5. If applicable, provide proof that any previous marriages or registered relationships have ended.
For more detailed information, including forms and specific guidance on proving residency and identity, please refer directly to www.bdm.vic.gov.au
Additional Important Considerations when applying for a civil partnership in Australia
In Australia, the requirements for registering a civil partnership vary from state to state. Some states have a cooling-off period during which either party can withdraw their application after submitting their intention to register. This period is intended to give both individuals time to confirm their decision. However, not all states require such a cooling-off period, allowing registrations to proceed immediately once all legal criteria are met and documentation is submitted. It’s essential to consult the specific guidelines of the local registry office or government website for the most accurate information on civil partnership registration in your area. When planning to apply for a Partner visa, this consideration is crucial, especially if your application will be strengthened by having your relationship officially registered beforehand.
How to get married in Australia
Getting married in Australia involves a series of steps that must be followed to ensure the marriage is legally recognised. A legally recognised marriage can significantly strengthen your Partner visa application. Here’s a general guide on how to get married in Australia:
For those applying for a Partner visa, it’s crucial to ensure that all steps are completed according to the legal standards set by Australian law.
Have any questions about an Australian Partner Visa?
If you have questions about your Partner visa eligibility or need guidance with the application process, book an initial consultation with one of our experienced migration agents in Canberra, Cairns, Brisbane, Sydney and Melbourne. Our team has extensive experience in handling Partner visa cases and offers reliable advice, which is crucial for navigating the complexities of the Partner visa application process. Let us help you make your application as smooth and stress-free as possible.
