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:
- Financial aspect;
- Nature of the household aspectp;
- Social aspect, and;
- Nature of commitment to each other aspect.
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