Expert Immigration Law Services

12. De facto Relationship Registration – If you do not have a 12-month de facto relationship at the time of application does registering the relationship save the application? Does registering the relationship after the visa is lodged save the application?

Answer: I Have had lots of clients approved based on registration of their relationship – where at the time of application they were not in a de facto relationship for a period of 12 months. I have also had clients approved who registered the relationship after the visa lodgement. Registering the relationship post lodgement works as subregulation 2.03A(5) fails silent on when exactly the registration must occurred. As long as it before the delegate makes a decision on the 820 visa it is fine. Note however that in both cases of registration being pre and post application lodgement  - the parties much have been in a de facto relationship at the time of application.

You still need to demonstrate that prior to the application you met and continue to meet the criteria for being in a de facto relationship.  The time of application deliberation turns on the assessment of the totality of evidence that you can provide for the period before you lodged the 820/801 application. Frequently and unfortunately, we have to tell many couples that the evidence for the period before the application was lodged, is just not strong enough to evidence the existence of a de facto relationship. Very often the evidence points to boyfriend, girlfriend relationships not de facto relationships as per the Migration Act and Regulations. 

If you are in a similar situation, the registration of the relationship, on its own, is not sufficient to meet the criteria and definition of de facto relationship under Migration Law. The criteria for the various relationship registers are not the same as the evidence criteria needed to met under de facto relationships under Migration Law. I see people miss this this key distinction all the time.

As an applicant you really need to take an objective look at the pre-lodgement evidence and make a determination as to the real weight of the evidence when assessed against the migration definition/criteria in Migration Law. Start will an assessment against the 4 Pillars.