# Relationship registration in NSW



## pommyemma (Feb 11, 2010)

Hi all,

My bf and I successfully registered our relationship with the new NSW register last month. However, it says on the bdm website that it is still uncertain as to whether de facto couples registered under NSW law can be recognised under commonwealth law (i.e. for immigration purposes we might not be able to use NSW relationship registration to waiver the 12 month relationship requirement).

Because of this uncertainty (and because my WHV is expiring soon) I called immi this morning to ask if we can use relationship registration in NSW as a way to waive the 1 year together like in VIC or ACT. They said that there is no 'yes or no' answer. That we might be able to use it, depending on our case and personal circumstances.

I guess that is good news. It wasn't a 'no' straight out. 

Just thought I'd post this in case anyone else was wondering the same thing.

Emma


----------



## litmusboy (Jul 31, 2010)

Hi everyone!! basically I'm in a situation that my partner is Aus citizen and I'm holding a student visa. 

our actual re'ship has been almost a year now but we started living together and preparing to meet the 1year requirement, 

right after I came back from holiday on June, after I graduated(Apr 2010) my previous uni.

--my partner visited me and my family while I was on holiday in my country (S.Korea) and he came back to Syd before me--

While I was in Korea, I had to apply(extend) new student visa to get back to Syd after holiday, to stay with my partner as my 

previous student visa was going to be expired on beginning of June 2010.

I do not intend to finish my current course as I am planning to apply spouse visa to stay in Aus after we meet the 1 year prior requirement. 

Here my question is, do you think my case would be eligible to apply spouse visa now even though, I have not met the

1 year requirement yet? As the answer from Immi is, no "yes or no" and it depends on individual case. 

Or to be eligible to apply spouse visa at this stage, what do you think I should prepare or do something to get closer 

to the circumstances that Immi would be more likely to say "Yes"? 

since, I do not intend to finish my current course, I want to save money that I will be spending on paying course fee untill I 

meet the 1year prepare requirement(so June 2011) , if I am eligible to apply spouse visa or in a condition that immi would

say "yes" after I get the certificate from bdw in about a month. many advice needed!! Thank you very much.

Jake


----------



## litmusboy (Jul 31, 2010)

Hi Emma. I just want to know if you have any plans or you have thought about applying spouse visa at the stage under your circumstances? 
please share your ideas or plans if you have. thank you.


----------



## Wanderer (Jun 16, 2007)

http://www.australiaforum.com/visas-immigration/5165-when-should-i-apply.html may help you decide.


----------



## pommyemma (Feb 11, 2010)

litmusboy said:


> Hi everyone!! basically I'm in a situation that my partner is Aus citizen and I'm holding a student visa.
> 
> our actual re'ship has been almost a year now but we started living together and preparing to meet the 1year requirement,
> 
> ...


Hey Jake

You can only waive the 12 month requirement under a couple of circumstances. Firstly - if you are married or have registered your relationship in a 'prescribed state or territory or you compellling reasons to apply before the 12 months is up (like illness, children, family problems etc).

What state ar eyou in? You may be able to register your relationship in VIC or ACT and if successful, this would waive the requirement. If you're in NSW (like me) the answer isn't so certain. Because it's new legislation and we're going through an election etc it's very doubtful that they'll accept NSW registration as a form of waiver (but who knows - they might in the future). In your case the legislation might be sorted by then so get your certificate and watch this space I guess.

It's a shame that you had to quit your course to save for the visa fees. I'm starting to appreciate how expensive this whole process is! Best of luck to you both.


----------



## litmusboy (Jul 31, 2010)

pommyemma said:


> Hey Jake
> 
> You can only waive the 12 month requirement under a couple of circumstances. Firstly - if you are married or have registered your relationship in a 'prescribed state or territory or you compellling reasons to apply before the 12 months is up (like illness, children, family problems etc).
> 
> ...


hi Pommyemma

I am in NSW and so is my parter. I didn't quit my course, actually I graduated on Apr this year and I was supposed to go back to my country but I met my partner and decided to live in Aus. I;m sort of having my life and job here even thol I work as caual. so I had to come back but needed a visa to stay here as my re'ship status hasn't met the 1yr requirment and that's why I enrolled a new school to come back to syd.


----------



## coyle1983 (Mar 11, 2010)

I called the relationship registration office in Vic and was told that in Victoria both partners must be permanent residents of Australia! Which is a bit silly because we wouldn't need to apply for any visa if we were already residents!


----------



## Wanderer (Jun 16, 2007)

coyle1983 said:


> I called the relationship registration office in Vic and was told that in Victoria both partners must be permanent residents of Australia! Which is a bit silly because we wouldn't need to apply for any visa if we were already residents!


Quite often when you ring people in bureaucracies, Immi included, what information you get can depend on what is asked and the knowledge/experience and attitude of the person at the other end.
From http://www.australiaforum.com/visas-immigration/4658-registering-relationship-info.html where you have also been coyle you'll see that cori has been successful.
The moral being, it can pay at times to just get an application form, see what the regulations are and if you can comply fill it in and lodge it.


----------



## coyle1983 (Mar 11, 2010)

post deleted


----------



## jess_needs_help (Jun 25, 2011)

Has anyhting changed regarding the NSW Registration? [i.e is it reliable?]

It's now 2012, so I'd like to know if anyone has had issues with the NSW Registration...

Is it still NOT 100% certain on being able to be used for Immigration (Commonwealth law) as alluded to above, or has it become a solid piece of evidence you can rely on like it's VIC and ACT equivalents??

Thanks!


----------

