Western Australia
For a reviewable refusal, ART Form M1 lists the Perth counter at Level 13, 111 St Georges Terrace. Section 347 of the Migration Act 1958 generally allows 28 days after notification, and the ART fees page requires payment before the deadline: $3,727 from 1 July 2026, unless a reduction applies. The first step is to send the relationship start date, or the decision and notification dates, to a partner visa lawyer in Perth.
For de facto visa Perth and de facto visa WA enquiries, the practical starting point is the relationship timeline—not an application to a WA relationship register.
WA facts card
| Label | Value |
|---|---|
| Western Australian relationship register | None recognised for partner visas under the Acts Interpretation (Registered Relationships) Regulations 2019. The usual rule is 12 months as de facto partners, subject to the exceptions below. |
| Administrative Review Tribunal counter for migration reviews in Perth | ART Form M1: Level 13, 111 St Georges Terrace, Perth WA; weekdays 8:30am–5pm; post GPO Box 9955, Perth WA 6848; reviews@art.gov.au. Usually 28 days; ART fee $3,727 from 1 July 2026. |
| Western Australian protection order | Family Violence Restraining Order (FVRO), under the Restraining Orders Act 1997 (WA). |
| Federal Circuit and Family Court migration registry | The Court’s Perth location page lists the Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue, Perth. |
Perth partner visa issue? An Australian migration lawyer can check how WA law applies to your dates and documents. The site’s enquiry form is addressed to Australian Migration Lawyers.
Partner visa lawyer Perth: what changes in Western Australia
| What changes | In Western Australia (Perth) | Consequence for a partner visa | Law or source |
|---|---|---|---|
| Register | No WA law is prescribed | WA registration cannot lift the 12-month de facto rule | Acts Interpretation (Registered Relationships) Regulations 2019, s 5 |
| ART counter | Level 13, 111 St Georges Terrace | Local migration-review lodgement counter | ART Form M1 |
| Protection order | FVRO | Can establish judicially determined family violence if the hearing conditions are met | Restraining Orders Act 1997 (WA); Migration Regulations, reg 1.23 |
| Court registry | Peter Durack building, 1 Victoria Avenue | Judicial review ordinarily has a 35-day deadline | Court’s Perth location page; Migration Act, s 477 |
Section 5 of the Acts Interpretation (Registered Relationships) Regulations 2019 recognises laws in six states and territories—NSW, Victoria, Queensland, South Australia, Tasmania and the ACT—but no Western Australian or Northern Territory law.
No relationship register in Western Australia
No, Western Australia has no relationship register the partner visa recognises: the Acts Interpretation (Registered Relationships) Regulations 2019 prescribe laws of six other states and territories but none of WA. The WA Registry of Births, Deaths and Marriages describes its records as births, deaths, marriages and changes of name.
For a de facto visa Perth or de facto visa WA matter, the remaining relationship bases are:
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Twelve months as de facto partners immediately before applying, under regulation 2.03A(3)(a) of the Migration Regulations 1994—not simply twelve months since meeting.
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Compelling and compassionate circumstances for grant, under regulation 2.03A(3)(b). A lawyer can assess the circumstances and supporting evidence.
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The humanitarian-partner exception, within regulation 2.03A(4): a partner who holds or held a permanent humanitarian visa and declared the relationship before grant, or a partner who has applied for a permanent humanitarian visa.
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A spouse application rather than a de facto claim. Regulation 2.03A does not apply to spouses, but section 5F of the Migration Act 1958 still requires a valid marriage and a genuine, continuing relationship. Ordinarily, section 42 of the Marriage Act 1961 requires the Notice of Intended Marriage at least one month before the wedding; the Perth Registry Office also asks for at least one month. This states the law, not advice to marry.
WA is absent from the recognised de facto relationship register list. Interstate residence requirements also matter.
The ART in Perth
The Administrative Review Tribunal in Perth accepts migration reviews at Level 13, 111 St Georges Terrace, weekdays 8:30am–5pm, or by email to reviews@art.gov.au or post to GPO Box 9955, Perth WA 6848, according to ART Form M1, information 05/26.
The ART replaced the Administrative Appeals Tribunal on 14 October 2024. Under section 347(3) and (5) of the Migration Act 1958, the deadline is 28 days after the day of notification, or 14 days if detained on that day; the ART cannot extend it.
The ART fees page gives the migration-review fee as $3,727 from 1 July 2026. Pay the full fee—or 50% with a fee-reduction request—before the deadline. Regulation 4.13(4) allows the ART to halve the fee for financial hardship: $1,863.50, calculated from the current fee. Regulation 4.14 provides a refund of 50% of the fee paid if the decision is set aside, varied or remitted.
The full visa appeal procedure explains review eligibility and preparation. Give the lawyer the complete refusal notice so they can identify who may apply and calculate the deadline.
Family violence restraining orders and the partner visa
Yes, a Family Violence Restraining Order under the Restraining Orders Act 1997 (WA) counts as judicially determined family violence when the court gave the other partner an opportunity to be heard and at least part of the violence occurred during the relationship, under regulation 1.23(4)–(5) of the Migration Regulations 1994.
Home Affairs’ family violence evidence guidance says an interim order may meet the threshold in some circumstances; supply the final order when made. Its family violence provisions cover 820/801 applicants, 309/100 applicants who entered Australia after applying, and current and certain former subclass 300 holders, subject to the relevant conditions.
Without a qualifying order, the non-judicial evidence route includes a statutory declaration and at least two items of different types under LIN 23/026. A lawyer can assess the court process and evidence requirements; see partner visa family violence.
Judicial review in Perth
Judicial review examines legal error, not whether the facts should be decided differently. Section 476 of the Migration Act 1958 gives the Federal Circuit and Family Court of Australia (Division 2) migration jurisdiction; its Perth location page lists the Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue. Applications ordinarily must be filed electronically through eLodgment, unless that is not reasonably practicable.
Section 477 allows 35 days, with extension only by court order in the interests of the administration of justice. For an ART decision, the starting date can differ from the notification-letter date. The Court’s fees page lists a $4,180 filing fee from 1 July 2026, subject to applicable reductions or exemptions.
The Court’s migration applicant overview explains that it can send the case back and stop the Minister acting on the decision. It cannot re-decide the facts or grant a visa.
Perth partner visa questions that depend on WA law
Can a Perth couple register their relationship in another state?
Not merely by travelling there. The NSW relationship-register page requires at least one partner to live in NSW; Victoria’s page requires one partner to live in Victoria; Queensland’s civil-partnership page requires you or your partner to live there. Other eligibility requirements also apply.
How long does it take to get permanent residence after a partner visa?
For the usual 820/801 pathway, clause 801.221(2) of the Migration Regulations 1994 requires at least two years since the combined application and a continuing relationship, alongside the other criteria. Home Affairs’ processing-time guide, accessed 3 October 2026, shows 50% of 801 decisions within eight months and 90% within nineteen months from eligibility, not initial lodgement; these are guides, not deadlines.
Under regulation 1.03 and clause 801.221(6A), a long-term relationship existing at application—three years, or two with a dependent child of both—can allow the 801 to be granted straight after the 820.
Does a WA police certificate work for a partner visa?
No. Home Affairs’ character requirements page accepts only an AFP National Police Check, Code 33, for Australia, not state or territory certificates. It treats the check as valid for twelve months.
Fees and consultations for Perth couples
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, with the Home Affairs visa application charge ($11,710 base for most applicants) paid separately. This applies to Perth couples in the same way as elsewhere in Australia.
Ask for a written scope and quote, including whether permanent-stage work, requests for information or review work are included.
The Legal Profession Uniform Law has applied in WA since 1 July 2022. Section 198 generally allows a client to apply to assess a bill within twelve months after receiving it. Home Affairs’ legal practitioners consumer guide, dated July 2021, names the Legal Practice Board of WA for complaints.
Arrange partner visa consultation and legal advice or read about the work of an Australian partner visa lawyer.
For a Western Australian de facto application, ask an Australian migration lawyer to assess the 12-month evidence and any compelling-circumstances or alternative relationship basis before lodgement.
Where an FVRO exists, ask a lawyer to check whether the court process meets regulation 1.23 or whether a statutory declaration and two LIN 23/026 professional items are required.