Partner Visa For Same-Sex Relationship Article By Immigration Agent In Sydney

It is possible to apply for a partner visa based on marital status because now that same-sex marriage is legally recognized in Australia. We will explain this further below. Same-sex marriage was not recognized in Australia prior to the amendment to the Marriage Act 1961.

The marriage is not considered valid in Australia even if a same-sex couple is married legally overseas. However, if the applicant meets all the relevant requirements a same-sex couple could apply for a partner visa as a de facto partner.

There are number of different partner visa in Australian migration system. Temporary partner visa and permanent partner visa are all of the two stages of the partner visas. Student Work visas, Skilled Migration visas, Business visas and Employer Sponsored visas application are also included in same sex partners visas. You can also consult us IME Advisor – Immigration Agent in Sydney to help you navigate through the complexity of a partner visa.

Australian marriage laws were passed on 9 December 2017 allowing two people to marry to allow for marriage equality regardless of their gender identity. The Marriage Act 1961 defines marriage as a union of 2 people voluntarily entered into for life to the exclusion of all others. The Migration Act 1968 has also been updated for the purpose of migration.

A person is a spouse of another person whether they are in the same-sex or different sex is defines as a spouse as section 5F of the Migration Act 1958. All partner visa options are now available to same sex couples due to law changes. For some classes of partner same sex couples were prohibited from applying visa under the old laws. You can also consult us IME Advisor – Migration Agency in Sydney to help you navigate through the complexity of a partner visa.

The applicant must show below details to show a married relationship that:

•    The marriage is valid (i.e. by law marriage is recognized) and

•    The relationship is continuing and genuine and

•    To a shared life as a married couple The applicant and the sponsor have a mutual commitment to the exclusion of all others and

•    The applicant and sponsor do not live separately or must live together and apart on a permanent basis.
For this reason, based on marital status a same-sex couple can apply for a partner visa 

Which partner visa can you apply for?

A same-sex couple can apply for the following partner visa depending on your current circumstances and migration goals:

1)    Subclass 309/100 – Offshore Partner Visa 2)   Subclass 820/801 – Onshore Partner Visa 3) Subclass 300 – Prospective Marriage Visa

Overseas Marriages:

The government now also recognizes overseas marriages, since the amendment was made to the Marriage Act 1961. Therefore, if you have a marriage certificate and you are legally married overseas, by the Department for visa purposes that marriage certificate should be recognized.

Tips:

For your partner visa application you are still required to provide further documents substantiate, whilst getting married to your partner is a strong indication that the relationship is genuine and continuing. Therefore, based on marital status it is best not to assume that you are guaranteed a visa. Alternatively, to show that the relationship is genuine and continuing it would be in your best interests to prepare supporting documents.  Some documents include:

•    Joint loan documents

•    Photos of social event and/or joint gathering

•    Messages and chat history

•    Mails or emails addressed to both of you

•    Joint lease or joint mortgages

•    Joint household bills

•    Tickets for joint travel

•    Terms of the wills

There is a myriad of documents to prepare as you can see. Therefore, start your preparation as per our recommendation. You can also consult us IME Advisor – Migration Agent in Sydney to help you navigate through the complexity of a partner visa.