Registered Relationship and the 12-Month De Facto Rule for Partner Visas

One of the most misunderstood Australian Partner Visa rules is the 12-month de facto relationship requirement. Couples often hear that registering their relationship means they can apply immediately. Registration can be legally important, but it does not replace the need to prove that a genuine de facto relationship actually exists.

This article focuses on the interaction between relationship registration and the 12-month rule. For the broader visa pathways, see our Partner Visa lawyers Australia hub.

What is the 12-month de facto rule?

For many Partner Visa contexts, the Migration Regulations impose an additional de facto relationship-duration requirement. Regulation 2.03A provides important exceptions, including where the relationship is a registered relationship within the meaning recognised by Australian migration law. The exact application of the rule depends on the visa class and the facts.

What relationship registration can do

Where the registration is one recognised for migration purposes, it can remove the need to satisfy the separate 12-month duration requirement. This can be critical for couples who have a genuine de facto relationship but have been together for less than 12 months.

What registration does not do

• It does not automatically prove the relationship is genuine and continuing.
• It does not remove sponsor eligibility requirements.
• It does not fix Schedule 3, section 48, No Further Stay or other immigration issues.
• It does not replace evidence about finances, household arrangements, social recognition and commitment.
• It does not guarantee a Partner Visa grant.

Illustrative case example: relationship registered after eight months

Composite example: A couple had been in a genuine de facto relationship for eight months and registered the relationship in an Australian state. They assumed the registration certificate was enough and prepared almost no other evidence. The legal issue was separated into two questions: first, whether the registration displaced the 12-month duration criterion; second, whether the relationship itself was genuine and continuing. Their evidence was rebuilt around shared expenses, living arrangements, social recognition, travel, correspondence and future plans.

Does every state or territory registration work the same way?

No. Migration law refers to a registered relationship that meets the relevant federal definition. Couples should check that the registration scheme they rely on is recognised for the visa context. Do not assume that any certificate carrying the word “relationship” automatically satisfies the migration exception.

Should you wait for 12 months anyway?

That depends on the case. Waiting may produce stronger evidence, but delay can also create visa-status or timing problems. Conversely, rushing to lodge because a relationship has just been registered can produce a legally valid but poorly evidenced application. The best approach is to assess both the duration rule and the strength of the relationship evidence.

Evidence still matters after registration

The Department examines all circumstances of a de facto relationship, including finances, the household, social aspects and commitment. Relevant material can include joint bills, rent, insurance, travel, day-to-day communication, statements from friends and family, and evidence of plans for the future.

For onshore applicants, see our 820/801 Partner Visa hub. Offshore couples can review the 309/100 Partner Visa hub. For the complete service overview, visit our Partner Visa lawyers Australia page.

General information only. Relationship registration and de facto-duration rules should be checked against the visa class and law in force at lodgement.