Condition for the grant of 820/801 visa
♦ Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.
♦ You must have been in a de facto relationship for at least 12 months.
♦ If you’re inside Australia at the time of application
♦ You already hold another visa type, e.g. student visa, visitor visa or working holiday visa.
♦ You do not have an “8503 – No further stay” condition
♦ Meet health and character requirements.
However, you would be exempt from the 12 month requirement if you register your relationship in an Australian state or territory. You would need to show that you are living together but not necessarily for 12 months.
Registration provides legal recognition as a couple under the state law and as well as being beneficial for immigration purposes. Usual requirements include:
♦ Both partners must be 18 years old or over
♦ Must not be in a relationship as a couple with another person – in particular they must not be married, in a de facto relationship or in a registered relationship
♦ Must not be related by family.
♦ Same sex and different sex couples can register their relationship.