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I have been married to my partner in Canada in 2010 and can we register our relationship in NSW? We have been in a long distance relationship/marriage since. I'm on a work visa in the US and she has permanent residency in Australia.

I'm not so sure if we are eligible to register our relationship because we have been married and this service caters to unmarried individuals. Please help clarify on this matter.

Thank you.
 
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I have been married to my partner in Canada in 2010 and can we register our relationship in NSW? We have been in a long distance relationship/marriage since. I'm on a work visa in the US and she has permanent residency in Australia.

I'm not so sure if we are eligible to register our relationship because we have been married and this service caters to unmarried individuals. Please help clarify on this matter.

Thank you.
You can not register your relationship if you are not resident in Australia. Have you ever lived together?
 

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You can not register your relationship if you are not resident in Australia. Have you ever lived together?
This is not true. My brother is a resident in Australia. He recently got married in Nepal and my sister-in-law applied for partner visa subclass 309 few months ago from home. Since wastedvampire is in a long-distance married relationship with her same sex partner, she should be eligible to apply for this visa subclass (you should be able to show enough evidence of genuine continuing relationship though you have not lived together for the entire period after your marriage like phone calls, email correspondence, skype chat history etc.), my only question is does all states in Australia legally recognize same sex relationship?

Your partner in Australia should consult a MARA agent/ Immigration lawyer ..it is not complicated i suppose
 

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Hi wastedvampire,

according to the DIAC offshore partner visa (309/100) page you will be evaluated according to the rules for de facto partners:

If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.

There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are eligible for this visa however they will be recognised as being in a de facto relationship for the purposes of this visa.
Read the details on the eligibility criteria for de facto partners. The most difficult point in your case will be the 1-year-relationship requirement, which includes to "live together, or do not live separately and apart, on a permanent basis." If you cannot fulfill that requirement the partner visa guidelines state:

Unless you are able to prove that you and your partner were prevented from living together because of the laws of your partner's country of residence, the application is likely to be refused.
If you want to apply for a partner visa it would probably be a good idea to make arrangements to live together again for a year before applying.

Good luck,
Monika
 

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Monika is correct, if Australia do not legally recognize same sex marriage then it will be counted as a de facto relationship for which you must show evidence that you have lived together for at least twelve months together..else it is likely to get refused.
 

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I have been married to my partner in Canada in 2010 and can we register our relationship in NSW? We have been in a long distance relationship/marriage since. I'm on a work visa in the US and she has permanent residency in Australia.

I'm not so sure if we are eligible to register our relationship because we have been married and this service caters to unmarried individuals. Please help clarify on this matter.

Thank you.
I think same sex marriages conducted outside Australia are not considered as marriages in Australia. Therefore you can go ahead with the registration.
 
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This is not true. My brother is a resident in Australia. He recently got married in Nepal and my sister-in-law applied for partner visa subclass 309 few months ago from home. Since wastedvampire is in a long-distance married relationship with her same sex partner, she should be eligible to apply for this visa subclass (you should be able to show enough evidence of genuine continuing relationship though you have not lived together for the entire period after your marriage like phone calls, email correspondence, skype chat history etc.), my only question is does all states in Australia legally recognize same sex relationship?

Your partner in Australia should consult a MARA agent/ Immigration lawyer ..it is not complicated i suppose
And that has what to do with the question? Did you read it? The OP asked about registering the relationship not applying for a visa!

Though it seems NSW have changed their policy and only one member of the couple has to be resident unlike other states where both must be legally resident.
 

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Though it seems NSW have changed their policy and only one member of the couple has to be resident unlike other states where both must be legally resident.
I checked out Queensland sometime ago and I'm pretty sure that the requirement was for only one member of the couple to be a resident of QLD.
 

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I guess most of us are so focused on the visa process that I kind of "assumed" that wastedvampire wants to register the relationship in preparation for a partner visa application :eek:. _shel is right that the original question did not refer to visas.

If you want to register your relationship in NSW, this is the form you'll need. Some of the key points are
  • At least one person in the relationship must reside in NSW.
  • Neither applicant needs to be a temporary or permanent resident of Australia.
  • You and your partner are not married to each other or anyone else.
  • Adults in both heterosexual and same-sex relationships are eligible to register.
  • A couple does not have to live together to be eligible to register their relationship.

The Australian Senate voted against a new bill proposing the Recognition of Foreign Marriages for Same-Sex Couples on 20 June 2013. Currently your marriage is not recognized in Australia, so there should be no reason why you can't register it (at least in NSW).

Cheerio,
Monika
 
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I couldnt believe it when I read that. A friend of mine was throwing tantrums a little over a year ago because she couldnt register her relationship in NSW as she wasn't a legal resident because she was on a tourist visa, doesn't count as resident.

Registering the relationship is the next best thing, brings the same benefits in many areas but I have no doubt same sex couples will get their legislation soon to recognise their relationships in the same was as marriage.
 

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I couldnt believe it when I read that. A friend of mine was throwing tantrums a little over a year ago because she couldnt register her relationship in NSW as she wasn't a legal resident because she was on a tourist visa, doesn't count as resident.

Registering the relationship is the next best thing, brings the same benefits in many areas but I have no doubt same sex couples will get their legislation soon to recognise their relationships in the same was as marriage.

I think that has already been done in NewZealand...They recognize civil partnership as marriage...
 
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They did, I assume a lot of aussies will be going there to get married. I do worry that Abbott may throw a spanner in the works being a staunch Catholic and a little too far right in thinking for my liking.
 

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They did, I assume a lot of aussies will be going there to get married. I do worry that Abbott may throw a spanner in the works being a staunch Catholic and a little too far right in thinking for my liking.
I highly doubt you'll see a David Cameron style bipartisan push for marriage equality anytime soon with an Abbott government. We might see state-level changes (similar to what's happening in the US and what happened in Canada) or perhaps a federal level civil union-type option, but that's all I would expect. Abbott is fairly far to the right both fiscally and socially.

I think you'll definitely see a lot of Aussies in same sex relationships going across the ditch to get married in NZ, but it'll be the same sort of thing that's happened in the US where couples will go over to Canada to get married but their marriages are not recognized in their home state.
 
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