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Discussion Starter · #1 ·
Hi,

I've just been told by an immigration lawyer that Queensland now has a relationship register like some other states has. It only came into effect 5th March so all very new.
My girlfriend and I are close to putting in an application for a defacto visa for myself and this looks like it's come at a good time.

The lawyer told me she though this would apply to our situation and enable us to apply before our 12 months living together, but she's wasn't 100% sure and wants $500-800 to confim it :)eek:).

It's there on the Births, Deaths and Marriages website under civil partnership (sorry not allowed to link yet).

Does anyone know any more about this? If you register a civil partnership there then you don't need have lived together the whole 12 months? What about providing all the evidence of the 'continuing and ongoing relationship', is that still required to some degree?

My situation is this. I'm English, she's Aussie. We've been together over 2 years but only lived together alone 7 months. When my WHV expires in July it will be 10 months with over 12 months together if you include staying with my girlfriends parents and some travel time on the way over here.

Would the process of applying for a defacto visa then become much more clear-cut if we can be on the relationship register? We're working out if it is worth spending $3500 on a immigration lawyer to help in our case or if it will be easy enough to go it alone. For a defacto visa what proportion of people use migration agents/lawyers? It's so much money and when I look at the checklist for requirements and what work is required I don't quite see what value they add and what we could get wrong if doing it ourselves, the 12 month requirement was the main thing we were unsure of being able to prove ourselves but the new development could change that.

Lot of questions in there I know, thanks for any advice with this :wave:
 
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It could help but are you both Australian residents? If so you register & it allows you to 'skip' the 12 month living together requirement.
 

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I'm not sure about the register allowing you to skip the 12 month requirement but I don't think in any case its worth paying all that money for an immigration lawyer. Like you said you can't see much that can go wrong. Case officers are pretty good at guiding you and forums such as this are fab should you become stuck.
Also even if you can skip the 12 month you will still need to provide a whole heap of evidence that your relationship is genuine and ongoing. I'm a brit married to an Ozzie and we have 3 children together but still had to provide at least 12 months worth of utility bills, rental agreements, bank statements etc etc and we've been married 4 years together 6.
Good luck with your application.
 

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Discussion Starter · #4 ·
Well yes, we're both living here. I believe for tax/payroll purposes I am listed as an Australian resident. Living in QLD on WHV so guess so.
By skipping the requirement do they then not need all the evidence of relationship before that? As I need some sent from UK.

We're just hoping it makes the process simpler as not sure if an agent/lawyer is worth it?
 

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Discussion Starter · #5 ·
Thanks nonny. I must have posted as you were also replying.

Getting the evidence won't be a problem anyway, we've been saving all sorts of relevant things for 2 years now. I guess if you miss something on the original application form you'd have a chance to correct it? Or add something if the case officer requires it etc?
 

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Yeah, send in all you can gather they will let you know if they require anything else. In my opinion its not worth spending money on an agent.
 

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Discussion Starter · #7 ·
Thank you. Before we cut our ties with the lawyer completely, can anyone say what the main benefit of one is? It seems like they would just present the application in a way that immigration would find clearest. Plus they are then someone to answer questions (at an hourly rate).
They don't really save much time and leg-work do they? As we still need to get all our information/evidence together ourselves, and fill out the forms.

Entering a civil partnership here in QLD is very easy, get certified copies of ID/docs, fill our form, apply, wait 10 days, pay $37 for certificate.

As it's so cruical for our application does anyone know 100% this new QLD register waives the 12 month living together requirement?
Cheers
 

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Hi. I am a migration agent, but before I was an agent I helped lots of family members with their visa applications. I thought I knew what I was doing, but one of those applications ended up at the Migration Review Tribunal. Immigration law is more complex than you think. The information provided on DIAC's website and in their booklets and checklists is often lacking. The only way to know that you have met every requirement is to go through the Migration Act and Migration Regulations point by point for that visa category. As part of a registered migration agent's registration process they are required to subscribe to an online legislation database so that they have the latest information as it is constantly changing. Included in this database is the Departmental policy guidelines so the migration agent knows exactly what the case officer is using to make their decision. Yes the applicant still has to provide the evidence but a migration agent will write a legal submission addressing each point of legislation and policy for that visa category which puts forward a strong argument for approval of the application. The DIAC case officer has no obligation to request more information, they can make a decision based on the information in front of them; it is best to get it right the first time.

The relationship register in Queensland is recognised under the Migration Act for the purposes of waiving the 12 month co-habition requirement, but you will still need to address the four aspects of reationship evidence. It simply allows you to lodge your visa application a bit earlier. I hope this clarifies the previous points.
 

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Discussion Starter · #9 ·
Thanks for taking the time to reply and putting in your side of the system. More for us to consider!
We're proceeding right now with the civil partnership anyway
 
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