A registered relationship removes the 12-month requirement — but only for de facto applicants, and only where the registration was made with the official registry of a prescribed State or Territory. The law never demands 12 months of continuous cohabitation; the test is 12 months of a de facto relationship ending on the date the application is lodged. The burden of proving that the relationship is genuine still rests squarely with the couple.
This analysis draws on the guidance of Negin Safaei, an Australian migration lawyer with MARA registration number 1791573, who has spent years guiding partner and spouse applications from the documentation stage through to final decision — which is precisely why she draws such a careful line between what the legislation actually says and what is commonly assumed.
What does the 12-month requirement actually say?
Regulation 2.03A(3) requires that the de facto relationship has existed for at least the 12 months ending on the date the application is lodged. This is not a requirement to have lived “under one roof for twelve months”; it is a requirement that a de facto relationship existed during that period. Another important point: this test applies only to de facto applicants (those without a legal marriage). Couples whose marriage is legally valid are not subject to it at all. Unless an exception applies, the Minister must be satisfied that the relationship existed throughout those 12 months.
The exemption from registration is conditional
Under regulation 2.03A(5), the 12-month requirement does not apply where the de facto relationship is a “registered relationship” within the meaning of section 2E of the Acts Interpretation Act 1901 — that is, the registration must have been made under a prescribed State or Territory law. Not every Australian jurisdiction maintains such a register, and in some circumstances registration is simply not available — for example, where one party is still legally married to someone else. So before relying on this exemption, the requirements of the relevant registry need to be checked; the relationships register at Births, Deaths and Marriages Victoria is one example.
Registration is not a substitute for proving genuineness
Official registration removes none of the evidentiary burden under section 5CB of the Migration Act 1958: a mutual commitment to a shared life to the exclusion of all others, a relationship that is genuine and continuing, living together or not living separately and apart on a permanent basis, and not being related by family in a prohibited way. These matters are assessed against the four headings in regulation 1.09A(3): the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the parties’ commitment to each other. Joint accounts and bills, shared living expenses, mutual financial support, photographs and recognition of the relationship within your social circle, and shared activities are all weighed within this same framework.
Form 888 and what is not law
The current Department of Home Affairs form titled “Supporting statement in relation to a Partner or Prospective Marriage visa application” (Form 888) is a supporting statement that is completed, signed and attached to the application through ImmiAccount. The form itself warns that the Migration Act 1958 provides penalties for false or misleading statements. The number of such statements, and the preference that witnesses be Australian citizens or permanent residents aged over 18, are matters of practice and departmental guidance — not requirements imposed by the legislation. “Two witnesses with PR or citizenship” should therefore not be treated as a legal obligation.
In practice, the timing of registration relative to the moment of lodgement is something best mapped against current Department of Home Affairs policy and the specific details of your own case, so that your documentation strategy is built on your actual circumstances rather than on a general assumption.
If you would like to know whether registering your relationship will genuinely help in your situation, and how strongly your application stands on the evidence, a dedicated consultation with Negin Safaei can bring clarity to the path ahead — and restore your peace of mind.
Read the full legal breakdown ←
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.