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F2.15 Minimum requirements for the recognition of partnerships (29/11/2010)

Partnerships will only be recognised for the purposes of these instructions if:

  1. the couple are both aged 18 years or older at the time that the application for a residence class visa was lodged; or
  2. (if one or both of the parties to the partnership are aged 16 years or older but are less than 18 years of age at the time their application for a residence class visa is lodged), they have the support of the parent(s) or guardian(s) of that (those) party(ies); and
  3. the couple have met prior to the date the application under these instructions is made; and
  4. the couple are not close relatives.

Note: For the purposes of these instructions relationships between close relatives are considered to be:

i. relationships specified as "forbidden marriages" under Schedule 2 of the Marriage Act 1955 set out below and
ii. relationships specified as "prohibited degrees of civil union" under Schedule 2 of the Civil Union Act 2004 as set out below; and
iii de facto relationships equivalent to the provisions under Schedule 2 of the Marriage Act 1955 and under Schedule 2 of the Civil Union Act 2004 as set out below

Forbidden Marriages - Schedule 2 of the Marriage Act 1955

A man may not marry his:

A woman may not marry her:

Grandmother

Sister

Grandfather

Brother

Grandfather's wife

Son's daughter

Grandmother's husband

Son's son

Wife's grandmother

Daughter's daughter

Husband's grandfather

Daughter's son

Father's sister

Son's son's wife

Father's brother

Son's daughter's husband

Mother's sister

Daughter's son's wife

Mother's brother

Daughter's daughter's husband

Mother

Wife's son's daughter

Father

Husband's son's son

Stepmother

Wife's daughter's daughter

Stepfather

Husband's daughter's son

Wife's mother

Brother's daughter

Husband's father

Brother's son

Daughter

Sister's daughter

 

Son

Sister's son

 

Wife's daughter

Husband's son

Son's wife

Daughter's husband

Note:

~ This applies to any relationship whether the relationship is by the whole blood or by the half blood.

~ Unless the context otherwise requires, the term 'wife' means a former wife, whether she is alive or deceased, and whether her marriage was terminated by death or divorce or otherwise; and the term 'husband' has a corresponding meaning.

Prohibited Degrees of Civil Union - Schedule 2 of the Civil Union Act 2004

  1. Person A and person B are within the prohibited degrees of civil union if person A is person B's
    • Grandparent
    • Parent
    • Child
    • Grandchild
    • Sibling
    • Parent's sibling
    • Sibling's child
    • Grandparent's spouse or civil union partner
    • Parent's spouse or civil union partner
    • Spouse's or civil union partner's parent
    • Spouse's or civil union partner's grandparent
    • Spouse's or civil union partner's child
    • Child's spouse or civil union partner
    • Grandchild's spouse or civil union partner
    • Spouse's or civil union partner's grandchild
  2. The prohibited degrees of civil union apply whether the relationships described are by the whole blood or by the half blood.

Effective 29/11/2010

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