Of all the partner visa topics raised on this program, none comes up more often than the question of formally registering a relationship and what that does to the 12-month requirement. The answer is explained here by Negin Safaei, Australian migration lawyer, MARA registration number 1791573, working directly from the text of the Migration Regulations and the Migration Act 1958. What follows is the same careful framework she applies when assessing de facto couples’ files: separating the “time requirement” from the “substantive requirement” of the relationship.
The short answer
If your de facto relationship has been formally registered under the law of an Australian State or Territory and qualifies as a “registered relationship” within the meaning of section 2E of the Acts Interpretation Act 1901, the 12-month requirement set out in regulation 2.03A(3) of the Migration Regulations 1994 does not apply to you. But registration does not excuse you from proving the relationship itself: you must still satisfy the definition in section 5CB of the Migration Act 1958 and the four assessment headings in regulation 1.09A(3). This exemption is relevant only to unmarried (de facto) applicants.
What the law says
The legal structure here has three layers, and separating them is the key to understanding the question properly.
Layer one — the time requirement. Regulation 2.03A(3) of the Migration Regulations 1994 provides that the Minister must be satisfied the applicant has been in a de facto relationship with the sponsor for a period of at least 12 months ending immediately before the date the application was lodged. Note that the legislation speaks of “being in a de facto relationship for 12 months”, not “12 months of continuous cohabitation”. In practice this distinction matters enormously: periods of temporary separation due to work, study or travel restrictions do not, of themselves, break the 12-month count, provided the relationship has not become permanently “separated and apart”.
Layer two — exemption from the time requirement. Regulation 2.03A(5) of the Migration Regulations 1994 makes clear that the requirement in subregulation (3) does not apply where the de facto relationship is a “registered relationship” within the meaning of section 2E of the Acts Interpretation Act 1901. Section 2E itself refers to prescribed State and Territory laws; that is, not every “relationship registration” creates the exemption — only registration with the official registry of an Australian State or Territory whose legislation appears on the prescribed list. Registrations made outside Australia, customary marriage certificates, or private agreements between two people do not fall within this definition. Access to these registries is also not uniform across all Australian jurisdictions, and in some situations a person simply cannot register — including where they are still legally married to someone else. For that reason, before relying on this pathway you must check the requirements of the relevant State registry; the Victorian relationships registry (Births, Deaths and Marriages Victoria), for example, publishes its own eligibility criteria and restrictions.
Layer three — the substantive requirement, which is never waived. Formal registration does not replace the statutory definition of a de facto relationship. Section 5CB of the Migration Act 1958 requires four elements: a mutual commitment to a shared life to the exclusion of all others, a relationship that is genuine and continuing, living together or at least not living separately and apart on a permanent basis, and not being related by family within the meaning of the Act. These four elements are assessed against the headings in regulation 1.09A(3) of the Migration Regulations 1994: the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other. So if the relationship is registered but insufficient evidence is provided across those four headings, the application will be refused on that basis; registration is not a “free pass” — it is a narrow, technical exemption from the time requirement. Applicants who are legally married (spouse) were never subject to the 12-month requirement in regulation 2.03A in the first place; that requirement applies exclusively to de facto cases.
Key requirements and evidence at a glance
| Issue | Legal / official basis | Practical point |
|---|---|---|
| 12-month de facto relationship requirement ending at the date of lodgement | Regulation 2.03A(3), Migration Regulations 1994 | The test is “being in a relationship”, not 12 months of unbroken cohabitation |
| Exemption where the relationship is formally registered | Regulation 2.03A(5), Migration Regulations 1994 + section 2E, Acts Interpretation Act 1901 | Registration must be under a prescribed law of an Australian State/Territory |
| Whether registration is available to you | State legislation and registries (e.g. BDM Victoria) | Not every jurisdiction has a registry; being legally married to a third party can be a bar to registration |
| Definition of de facto relationship | Section 5CB, Migration Act 1958 | Mutual commitment, genuine and continuing relationship, not permanently separated, not related by family |
| Headings for assessing the evidence | Regulation 1.09A(3), Migration Regulations 1994 | Financial, household, social, nature of commitment — document all four |
| Form 888 | Department of Home Affairs — “Supporting statement in relation to a Partner or Prospective Marriage visa application” | It is a “supporting statement” attached through ImmiAccount; the Migration Act 1958 provides penalties for false or misleading statements |
There is an important point about lodging Form 888: the number of statements, and the preference for witnesses who are Australian citizens or permanent residents aged over 18, form part of the Department of Home Affairs’ administrative practice and guidance — they are not requirements imposed by the Act or the Regulations. In other words, not having two witnesses who hold PR does not of itself make your application unacceptable; but the quality, precision and consistency of those statements with the narrative of your case carry genuine weight in the assessment of the “social aspects” under regulation 1.09A(3).
On the timing of registration, the professional approach is to assume nothing: regulation 2.03A(5) is not drafted as a “time of application” criterion in the way subregulation (3) is, so each case must be measured against the current text of the Regulations and the Department of Home Affairs’ policy of the day. The safest practical course for couples relying on the exemption is to complete the relationship registration before lodging the application and to upload the registration certificate as part of the initial document bundle.
What this means for you
The good news is that formally registering your relationship in an Australian State can remove the 12-month timing hurdle from your path entirely, and for couples whose relationship is genuine but still relatively new, that can eliminate months of waiting. The more important news is that the exemption does not shift the burden of proof: your case will still be decided on the depth and coherence of your financial, household, social and commitment evidence.
As Negin Safaei puts it, successful partner applications usually share two features: the correct legal pathway has been chosen (marriage, relationship registration, or the 12-month count), and the story of the relationship has been aligned with evidence across all four statutory headings. This is precisely where experience as a migration lawyer registered with MARA under number 1791573 earns its keep: working out which pathway is shortest, lowest-risk and most defensible for your particular circumstances, and how to structure the document bundle from day one so that requests for further information and delays are kept to a minimum. If you are weighing up “waiting until the 12 months are complete” against “registering the relationship”, that is a strategic decision, not a matter of preference — and with a careful review of your circumstances, it can be made with confidence.
Sources
- Migration Regulations 1994 (regulations 1.09A and 2.03A) — legislation.gov.au (current compilation)
- Migration Act 1958, section 5CB (definition of de facto relationship) — legislation.gov.au (current compilation)
- Acts Interpretation Act 1901, section 2E (registered relationship) — legislation.gov.au (current compilation)
- Form 888 — Supporting statement in relation to a Partner or Prospective Marriage visa application — immi.homeaffairs.gov.au
- Partner visa (subclass 820/801 and 309/100) — official visa pages — immi.homeaffairs.gov.au
- Registering a relationship in Victoria — Births, Deaths and Marriages Victoria — bdm.vic.gov.au
- Office of the Migration Agents Registration Authority (check a practitioner’s registration number) — mara.gov.au
Your application is one good decision away
If you are unsure whether formal relationship registration is available in your circumstances, or whether counting the 12 months is the safer route, you don’t need to guess. In a dedicated review, we assess the start date of your relationship, the legal marital status of both partners, the State you live in and the evidence you already hold against the text of the Regulations, and we set out exactly which documents you need for each of the four statutory headings. Negin Safaei, Australian migration lawyer, MARA registration 1791573, is ready to guide you so that your partner application is built strong and defensible from day one.
Frequently asked questions
Does formally registering our relationship remove the 12-month requirement completely?
Yes, the time requirement is removed. Regulation 2.03A(5) of the Migration Regulations 1994 makes clear that the 12-month requirement in subregulation (3) does not apply where the relationship is a “registered relationship” within the meaning of section 2E of the Acts Interpretation Act 1901. However, the definition of a de facto relationship in section 5CB of the Migration Act 1958 must still be satisfied.
Does the 12-month requirement mean 12 months under the same roof?
No. The text of regulation 2.03A(3) speaks of “being in a de facto relationship” for the 12 months ending at the date of lodgement, not continuous cohabitation. The test is that the couple are not living separately and apart on a permanent basis; temporary separations for work or study are accepted where they are properly documented.
Does registering a relationship in another country create the exemption?
No. The exemption in regulation 2.03A(5) is limited to registration under a prescribed law of an Australian State or Territory, as defined in section 2E of the Acts Interpretation Act 1901. Registration outside Australia does not fall within that definition.
If one of us is not yet legally divorced from a former spouse, can we register our relationship?
In many Australian jurisdictions a person who is legally married to someone else cannot register a relationship, and not every State and Territory has a registry at all. The requirements of the relevant State registry — BDM Victoria, for example — should be checked before you make any plans.
Does the 12-month requirement apply to married (spouse) applicants as well?
No. The 12-month requirement is specific to de facto cases under regulation 2.03A of the Migration Regulations 1994 and does not apply to applicants who hold a valid legal marriage.
Is there a legal requirement for Form 888 to be signed by two citizens or permanent residents?
The number of statements, and the preference for witnesses who are citizens or PR holders aged over 18, come from Department of Home Affairs practice and administrative guidance — they are not requirements imposed by legislation. Form 888 is now a “supporting statement” attached through ImmiAccount, and the Migration Act 1958 provides penalties for false statements.
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.