All About Partner Visa Australia for LGBT Couples in 2024
The Australian Migration Law, a testament to inclusivity, allows LGBT couples married or in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen to apply for the Partner Visa. This law, which aligns with the legislation of LGBT marriage in Australia that commenced on the 9th of December 2017, states that couples in a same-sex marriage relationship can now apply for a Partner Visa as a “spouse” rather than as a “De Facto partner”. It also applies to all other visas where you can include a spouse in your application.
On the other hand, if you are in a same-sex relationship and genuinely plan to get married in Australia, you can also apply for a Prospective Marriage Visa. So, there are three available visa options for LGBT couples in Australia:
- Partner Visa onshore (subclass 820/801)
- Partner Visa offshore (subclass 309/100)
- Prospective Marriage Visa (subclass 300)
We have summarised details of Partner visas for LGBT couples in Australia below for your better understanding.
What Are The Eligibility Criteria?
Meeting the eligibility criteria for a Partner Visa in Australia is a fundamental step in the application process. This applies to all couples, regardless of their sexual orientation. The main requirement for LGBT couples is to be in a genuine marriage or de facto relationship with an Australian partner. Additionally, you must be at least 18 years old, hold a valid passport, and meet health and character requirements. Providing evidence of your genuine and continuing relationship is also essential.
Read more: Partner Visa Eligibility and Requirements
Which Partner Visa Suits LGBT Couples the Best?
As mentioned above, there are three available Partner visa options for LGBT couples in Australia:
- Partner Visa onshore (subclass 820/801)
- Partner Visa offshore (subclass 309/100)
- Prospective Marriage Visa (subclass 300)
If you and your same-sex partner are in Australia and meet the marriage or de facto criteria, the Partner Visa onshore (subclass 820/801) may suit you the best.
But, if you’re in a long-distance same-sex relationship, in which you’re in your home country while your partner is in Australia, you may consider the Partner Visa offshore (subclass 309/100). Ensure you’re married or have lived with your partner for at least 12 months.
Otherwise, if you’re engaged to your same-sex partner and plan to get married soon, consider the Prospective Marriage Visa (subclass 300).
Ensure you get the appropriate visa for your needs and situation; selecting the wrong one could restrict your options in the future. If you’re not sure, don’t hesitate to contact us. We can help you choose the correct visa by providing the necessary criteria.
Marriages and De Facto Requirements for Partner Visa LGBT Couples
To apply for the Partner Visa, you can be married or in a de facto relationship with your same-sex partner. But how do you know if your marriage or de facto relationship is legally recognised in Australia? We’ve summarised them below.
LGBT Marriage Requirement in Australia
The LGBT marriage requirement is no different from the heterosexual marriage, in which you must show that:
- The marriage is lawfully recognised, meaning it is valid,
- You and your partner agree to live together as a married pair at the expense of everyone else,
- The relationship is sincere, ongoing, and
- You and your partner must live together permanently, or they cannot live apart.
Does the Australian Department of Home Affairs recognise overseas marriage?
Yes, they do. The Department of Home Affairs also recognises overseas LGBT marriage for a Partner Visa in Australia application. You must ensure that the country where the marriage was held recognises LGBT relationships.
Otherwise, you may consider having an LGBT marriage in Australia.
LGBT De Facto Requirement in Australia
The de facto relationship requirement for LGBT couples is no different from the heterosexual one. You must ensure that you and your partner:
- have lived together for at least 12 months,
- are not related by blood or marriage,
- commit to living together to the exclusion of all others,
- are not living apart permanently.
If you have not lived together for 12 months, consider registering your relationship with the Australian state government.
Bridging Visa for Partner Visa LGBT in Australia
If you’re applying for an onshore LGBT Partner Visa in Australia, the Department of Home Affairs will grant you a Bridging Visa A (BVA). This visa allows you to live lawfully in Australia while waiting for the decision on your Partner Visa application. It’s important to note that the Bridging Visa A comes into effect once your substantive visa expires. It is usually granted with full permission to work and study in Australia. If you need to travel overseas, you can apply for a Bridging Visa B before your departure.
Can you bring your LGBT partner to Australia while waiting for the decision on your Partner Visa application?
You can bring your LGBT partner to Australia with a Visitor Visa (subclass 600) or other types of Visitor Visa while your Partner Visa application is still in process.
Ensure that you apply for the correct type of Visitor Visa. Also, you must provide evidence of your genuine intention to stay in Australia for a short holiday only. You must also meet the other requirements specified for the Visitor Visa.
Find the different types of Visitor Visa explained in detail: VISITOR VISA AUSTRALIA – Plan Your Vacation, We Will Take Care Of The Tourist Visa Matter For You!
Can ONEderland Consulting assist with Partner Visa LGBT in Australia?
ONEderland Consulting is here to support and guide you through the Partner Visa application process, regardless of your sexuality. We believe that everyone, including those in same-sex relationships, deserves a happy and bright life in Australia. Rest assured, we are here to assist you every step of the way.
However, we offer you two options here: you can submit your Australian partner visa application yourself or appoint us as your migration agent and have us assist you with the application.
To decide, you must understand that the Australian Partner Visa application is complex and intricate. Small mistakes in the application you’ve submitted could lead to a Partner Visa Refusal. You certainly don’t want to go through such a heartbroken process. Australian immigration itself suggests that LGBT couples who wish to obtain an Australian Partner Visa seek advice from a registered migration agent.
Don’t Risk Your Visa For A Refusal! Let Us Help You.
The experienced visa specialists at ONEderland Consulting are here to provide unwavering support and offer comprehensive guidance whenever you require assistance with your Partner Visa LGBT in Australia. Your unique circumstances will be handled with the utmost care and professionalism.
We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
