You have lived together in Footscray for seven months. The lease is in both names, and the applicant’s visa ends in ten weeks. Do you wait five more months for the twelve month mark, or do you register the relationship now? That is the decision many de facto couples in Victoria face. Registration can remove the twelve month requirement for a de facto partner visa. However, it takes at least 28 days, and the certificate must exist before you lodge. This guide walks through the calendar, the paperwork and what registration does not fix.
Short answer: Registering with Births, Deaths and Marriages Victoria removes the twelve month de facto requirement. Registration takes at least 28 days from a complete application. Lodge the partner visa, at $11,710, only once registration is complete and you hold the certificate.
The choice in front of you
A de facto applicant usually needs twelve months of de facto relationship immediately before lodging. That is the default rule. Registration under a state or territory relationship law is one of the recognised exceptions. Victoria’s register is one of them. So a registered couple can lodge before the twelve months are up.
The trade is simple. Registration costs you about a month and some paperwork. Waiting costs you whatever the remaining months cost. For some couples, a visa is about to end, and the calendar decides. The de facto partner visa page sets out the full test the Department applies.
Who can register in Victoria
BDM Victoria sets the eligibility rules. Both of you must be at least 18. At least one of you must live in Victoria when you apply. Neither of you can be married, in a registered relationship, or in another registrable relationship. You cannot be related by family. Finally, you must be a couple who support each other personally and financially.
Notice the residence rule. It needs only one of you in Victoria. Therefore an Australian sponsor living in Bendigo can register with a partner who is still overseas. That opens the door for 309 couples as well as 820 couples. Check early which identity documents your overseas partner can supply, because certified copies take time.
The calendar, from application to permanent visa
- Week 0Partner one starts the online application with BDM Victoria. Partner two then receives an email invitation and completes their own section.
- Week 0, continuedBoth of you supply identity documents, proof that one of you lives in Victoria, and a statutory declaration. Add divorce or revocation papers if either of you had an earlier marriage or registration.
- Day 28 at the earliestThe 28 days run from the date BDM receives a complete and valid application. An incomplete form does not start the clock.
- RegistrationThe relationship is registered. The certificate is not automatic, so order it with the application or straight after.
- Certificate in handLodge the 820 onshore or the 309 offshore, with the certificate and your full relationship evidence.
- Month 6 after lodgementKeep adding to the file: shared bills, travel, photographs and messages. Answer any Department request by the stated date.
- Month 12Update the Department on any change of address, passport or circumstances.
- Month 24 after lodgementThe permanent stage is assessed on a continuing relationship. The 801 clock article explains what to gather in each year.
What each of you does
You complete your own section of the BDM form and your own statutory declaration. Your declaration confirms you are free to register and that you consent. If you were married before, find the divorce certificate now. An overseas divorce may need a certified translation. If you are in Australia on a temporary visa, write its end date on the fridge. Then work backwards: the certificate must arrive before that date, with time left to lodge. Keep your passport details identical across the BDM form and the visa application. A different spelling creates questions you do not need.
You will often be the partner who lives in Victoria, so the residence proof usually falls to you. A current lease, bank statement, utility account or enrolment record works. You also start the online application, which triggers your partner’s invitation. Your sponsorship is assessed separately on the visa application. Police certificates and any earlier sponsorships matter there, not at BDM. The sponsor requirements page lists what the Department checks. Registration does not change any of it.
What registration does not do
Registration answers one question: how long the relationship has lasted. It does not answer whether the relationship is genuine and continuing. The Department still looks at your finances, your household, your social life and your commitment. A registered couple with thin evidence can still be refused. The $11,710 charge is not refunded when that happens.
Registration also does not make you de facto. You must still live together, or at least not live apart permanently. A couple who registered but has never shared a home faces a harder application. In addition, the certificate does not replace your statements. Each of you still explains how the relationship began and developed. The relationship evidence page shows how we organise the four areas.
Our visa ends before the 28 days finish. What now?
Do not let the visa lapse while you wait. First, check whether your current visa carries a no further stay condition, because that changes everything. Next, look at the real end date against the earliest registration date. If the gap cannot close, the options narrow quickly. They may include lodging on the twelve month rule if you already meet it, or planning an offshore application. Speak to us before the end date, not after it.
Government charges for the partner visa
These are visa application charges only. BDM registration and certificate fees, health examinations, police certificates and our professional fee are separate.
Three timing mistakes we see
First, lodging the visa while the registration is still pending. The exception looks at the position when you apply. Without registration, the twelve month rule applies to you in full. Second, submitting an incomplete BDM application. The 28 days start only from a complete and valid one, so a missing document costs you weeks. Third, forgetting to order the certificate. Registration alone is not proof in your visa file; the certificate is. Each of these is a calendar problem, and each is avoidable.
Before you press submit at BDM
Government charges verified against Home Affairs visa pricing as at 1 July 2026. Registration eligibility and the 28 day period are from Births, Deaths and Marriages Victoria, read 18 September 2026.
Frequently asked questions
Can we register if my partner is still overseas?
Yes, if one of you lives in Victoria when you apply. Your overseas partner completes their own section and supplies identity documents. Allow extra time for certified copies and translations.
Does the 28 days start when we open the online form?
No. BDM Victoria counts at least 28 days from the date it receives a complete and valid application. A missing document or declaration delays the start.
Do we still need to live together after registering?
Yes. Registration removes the twelve month requirement only. You must still meet the de facto definition. That means living together, or not living apart permanently.
Will the partner visa charge be lower because we registered?
No. The main applicant charge is $11,710 as at 1 July 2026. It is the same whether you register or wait twelve months.
What happens to the registration if we separate later?
A registered relationship can be revoked through BDM Victoria. For the visa, the Department looks at whether the relationship is genuine and continuing. A separation before the permanent stage needs advice straight away.
General information as at 18 September 2026. Not legal advice. Registration rules are set by Births, Deaths and Marriages Victoria and may change. Obtain advice on your own dates before you lodge a partner visa.