Recognition of unregistered de facto relationships (irrespective of sex or gender identity)
For an unregistered de facto relationship to be recognised under the Migration Act 1958 (Cth), the partners must have been in the relationship for a period of at least 12 months before lodging the visa application.
However, the 12 month relationship requirement can be waived if there are compassionate and compelling circumstances, for example, if there is a dependant child of the relationship or de facto relationships are illegal in the country in which one or both of the couple reside.
The 12 month relationship requirement does not apply where:
- the applicant is the partner of a person who holds (or held) a permanent humanitarian visa and, before the grant of their visa, the relationship was declared to the Department of Home Affairs; or
- the relationship is registered under a law of a State or Territory, see Registered relationships.
Same and/or intersex relationships
Same and/or intersex de facto couples and their children are recognised in the definition of ‘members of the family unit’ for visa purposes, in the same way that heterosexual de facto partners and their children are recognised.
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