Queensland civil partnerships open up new migration options

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Created on Monday, 06 February 2012 18:34

Written by Editorial staff

As of March 23, the Queensland government will be the latest state to begin recognising the legal rights of civil partnerships.

On February 4 the deputy premier Andrew Fraser stated that the state governor had approved the passing of the Civil Partnerships Act 2011.

Fraser explained that the law would come into effect on February 23 and that the first civil ceremonies could be expected to begin on March 5, describing the successful implementation as "historic" and a "landmark occasion".

"I am proud to have introduced this legislation into the Parliament, and I am proud that with the support of my colleagues and Peter Wellington it was passed by the Parliament," said Fraser.

"While it isn't marriage, it is the next best thing and as far as a state government can go in promoting relationship equality."

The act allows a civil partnership to be recognised in the eyes of the law as "a relationship that may be entered into by any two adults regardless of their sex".

After applying for registration and waiting through the ten-day cooling-off period, any two consenting adults can have their relationship recorded by the Queensland government - as long as one or both of the applicants is a resident of the state.

While this is similar to the description used in legislation regarding de facto relationship registration in NSW, the protections it provides could produce some interesting results for migration agents.

Under amendments made to the Migration Regulations 1994 in 2009, the Department of Immigration and Citizenship (DIAC) does not require that two individuals prove that they have been in a relationship together for a consecutive period of no less than 12 months if they "have registered their relationship under a prescribed state or territory law".

Queensland's attorney general Paul Lucas explained that the forms for registration were now freely available from the justice department's website.

Lucas asserted: "From March 5, ceremonies will be able to be held at the Births, Deaths and Marriages registry and various magistrates' courts across Queensland.

“I expect many couples to use the progressive laws to see their relationship recognised either through registration or a formal ceremony and I congratulate them in advance."

The new legislation brings with it the possibility that immigration agents whose services cover the sunshine state could experience an increase in the number of registered couples applying for residency visas.