Wednesday 17 August 2016

Recent changes to Victorian relationship registry

Recent changes from the Victorian Registry of Births, Deaths and Marriages brings good news to Victorian couples. Prior to the change, any couples who wanted to register for a ‘domestic relationship’ were required to demonstrate that each person to the relationship had been living in Victoria for at least 12 months prior to application.

 
New changes came into effect from 1st July 2016 and the ’12 months residing in Victoria’ requirement for each partner has been removed.  Below is an outline of the new eligibility to register a domestic relationship:
  • both parties must be 18 years of age or older and be in a registrable domestic relationship;
  • at least one party must prove that they live in Victoria, and;
  • neither party is:

    • married
    • in another registered relationship
    • in another relationship that could be registered.
This change is particularly relevant for couples who are living in Victoria and intend to apply for an Australian Partner visa as the ‘12 months – De facto’ requirement set out by the Department of Immigration and Border Protection is automatically waived for any couples that have obtained a ‘domestic relationship certificate’ from the Victorian Registry of Births, Deaths and Marriages.

 
However couples must remember that the domestic relationship certificate only waives the time period requirement and the Department of Immigration still requires couples to demonstrate that the relationship is ‘genuine and continuing’.

 
Couples must remember that they still have to meet the following aspects of the Partner Visa: 
  1. Financial aspect;
  2. Nature of the household aspectp;
  3. Social aspect, and;
  4. Nature of commitment to each other aspect.

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