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LGBTIQ+ partner visa

We help same-sex couples begin their journey together

Navigating the complexities of Australia's visa system can be challenging, especially for same-sex couples. The LGBTIQ+ Partner Visa allows same-sex partners of Australian citizens, permanent residents, or eligible New Zealand citizens to apply for residency in Australia. This visa ensures that couples, regardless of their sexual orientation, have the same rights and opportunities to live together in Australia.

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The Australian Migration Lawyers difference

What is a same-sex partner visa?

A same-sex partner visa allows individuals in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live together in Australia. It applies to both married and de facto same-sex couples, providing a pathway for partners to build their lives in Australia without discrimination based on sexual orientation. This visa is part of Australia’s inclusive migration system, ensuring that same-sex couples have equal access to immigration opportunities.

Countries where homosexuality is criminalised

In many countries around the world, homosexuality is still criminalised, leaving LGBT individuals facing persecution, forced marriage, family violence or even the death penalty simply for being who they are.

Afghanistan

Afghanistan

Bangladesh

Bangladesh

China

China

Egypt

Egypt

Eritrea

Eritrea

Ethiopia

Ethiopia

Indonesia

Indonesia

Iran

Iran

Iraq

Iraq

Kenya

Kenya

Lebanon

Lebanon

Malaysia

Malaysia

Eligibility requirements for a LGBTIQ+ partner visa

To be eligible for an LGBTIQ+ partner visa in Australia, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Your relationship can be either a legally recognised marriage or a de facto partnership. Both partners must meet health and character requirements, and the applicant must be able to provide sufficient evidence of the relationship, such as joint finances, shared living arrangements, and social recognition of the partnership.

How to apply for a Partner visa for Australia

Benefits of a same-sex partner visa

A same-sex partner visa provides security and stability for couples, allowing them to live together in Australia while enjoying many of the rights and benefits available to Australian residents. This visa enables partners to fully participate in Australian society, with access to work, education, and healthcare services. The visa also offers a pathway to permanent residency and citizenship, ensuring long-term security for you and your partner.

With a LGBTIQ+ partner visa you can:

  • Work without restriction
  • Be guaranteed minimum wage under Australian law
  • Study without restriction
  • Travel in and out of Australia
  • Access Medicare
  • Pay domestic student fees at Australian education institutions
  • Apply for citizenship after meeting residency requirements
  • Sponsor family to come to Australia under relevant programs

LGBTIQ+ partner visa checklist

The application process for an LGBTIQ+ partner visa requires a range of documents to prove your identity and your relationship's authenticity. Gathering and submitting comprehensive evidence to satisfy the Australian government's requirements is essential. Missing or incomplete documents can delay your application or result in visa refusal, so thorough preparation is crucial.

  • Passport
  • Birth certificate
  • Marriage certificate (if applicable)
  • Proof of name change (if applicable)
  • Divorce certificate (if applicable)
  • National identity card
  • Australian police certificate
  • Overseas police certificate(s)
  • Military service records (if applicable)
  • Military discharge papers (if applicable)
  • Nature of your household
  • Nature of your commitment
  • Financial aspects of your relationship
  • Social aspects of your relationship

How same-sex partner visas work in Australia

To be eligible for an LGBTIQ+ partner visa in Australia, you must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Your relationship can be either a legally recognised marriage or a de facto partnership. Both partners must meet health and character requirements, and the applicant must be able to provide sufficient evidence of the relationship, such as joint finances, shared living arrangements, and social recognition of the partnership.

Future visa pathways

For same-sex couples seeking long-term residency in Australia, the LGBTIQ+ partner visa offers a solid foundation. Once granted the permanent partner visa, individuals may later apply for Australian citizenship after meeting residency requirements. In addition to the partner visa, other pathways, such as the prospective marriage visa (subclass 300), are available for engaged but not yet married couples, allowing the applicant to come to Australia to marry their partner and apply for a partner visa thereafter. These pathways provide flexibility depending on your relationship status and future plans.

Benefits of using Australian Migration Lawyers for same-sex partner visas

At Australian Migration Lawyers, we understand the unique challenges same-sex couples may face during the visa application process. Our team of experienced migration lawyers provides personalised support and guidance to ensure your application is handled carefully and precisely. We are committed to achieving the best possible outcome for you and your partner, making the process as smooth as possible.

  • Expertise in navigating complex visa applications, ensuring all requirements are met.
  • Tailored advice and support for same-sex couples, recognising their unique circumstances.
  • High success rate for partner visa applications, with a strong focus on client satisfaction.

Same-sex partner visa cost in Australia

Professional fees payable to Australian Migration Lawyers

Our fees depend on the complexity of your application. Some cases may require more detailed work and will be quoted accordingly. We offer a fixed-fee structure to give you certainty about the total cost of your partner visa application. To accommodate different financial situations, we also provide flexible payment plans.

Department fees

The Department of Home Affairs charges a fee of $9095 for the partner visa application, payable at the time of lodgement. This fee is required upfront, and split payments are not accepted. Payments can be made via debit/credit card, UnionPay or BPAY.

Visa application process

Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Representation and success

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Same-sex partner visa processing time

The processing time for a same-sex partner visa in Australia can vary depending on the complexity of the case and the volume of applications being handled by the Department of Home Affairs. On average, the temporary partner visa (subclass 820) can take between 12 to 24 months to process. Once the temporary visa is granted, applicants must wait an additional two years before becoming eligible to apply for the permanent partner visa (subclass 801). It is crucial to submit a well-prepared application with all required documents to minimise delays and increase the likelihood of a successful outcome.

Considerations

When applying for a same-sex partner visa, it’s important to consider the complexities of the application process and the documentation required to demonstrate the genuineness of your relationship. The Australian government imposes strict standards, and missing or incomplete information can delay or jeopardise your application. Seeking professional guidance from experienced migration lawyers is often essential to ensure your application is both accurate and thorough, increasing your chances of success.

We strive to make ourselves as accessible as possible to you

  • We offer free initial consultations, and any ongoing services will be provided at a fixed fee, clearly outlined and discussed upfront.
  • No matter where you are in Australia, we’re available to assist with online consultations, making the process easy and convenient.
  • Whether you’re just starting your partner visa application or need help midway, our team is here to support you every step of the way.

Meet your Australian Migration Lawyer

We’re a diverse team of professionals with decades of experience. We care about your situation and will make sure you always get the support and advice you need.

Australia-wide services

We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.

Frequently asked questions

When applying for a same-sex partner visa, clarifying the process is important. Below are answers to some common questions to help guide you through the application journey.

Can same-sex couples apply for a partner visa in Australia?

Yes, same-sex couples are eligible to apply for partner visas in Australia. Australia’s migration laws ensure that same-sex couples are treated equally to heterosexual couples in the visa application process.

What are the eligibility requirements for a same-sex partner visa?

To qualify for a same-sex partner visa, you must be in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet health and character requirements and provide substantial evidence of your relationship.

Can I apply for a same-sex partner visa if we are in a de facto relationship?

Yes, same-sex de facto relationships are recognised in Australia for partner visa applications. To apply as a de facto couple, you must show that you’ve lived together for at least 12 months, although exceptions can apply in certain circumstances.

How long does processing a same-sex partner visa take?

Processing times for a same-sex partner visas vary. On average, it can take 12 to 24 months for the temporary partner visa (subclass 820) to be processed. After two years, you may then apply for a permanent partner visa (subclass 801).

What if my relationship ends before my visa is granted?

Your application may be at risk if your relationship ends before the visa is granted. However, exceptions are made in some cases, such as if there are children involved or if there are situations of domestic violence. It is important to seek legal advice immediately if your relationship status changes.

Does Australia recognise same-sex marriages performed overseas for a partner visa?

Yes, Australia recognises same-sex marriages performed overseas. If you were married in a country where same-sex marriage is legal, your marriage will be considered valid when applying for a partner visa in Australia.

What documents do I need to prove my same-sex relationship for the visa application?

You will need to provide evidence of your relationship, including documents that show joint finances, shared living arrangements, and social recognition of your relationship. Examples include joint bank statements, lease agreements, utility bills, and photos together at events.

Can same-sex couples apply for a prospective marriage visa in Australia?

Yes, same-sex couples can apply for a prospective marriage visa (subclass 300) if they are engaged and plan to marry in Australia. This visa allows the applicant to enter Australia, marry their partner, and then apply for a partner visa.

About the content author

Perry Q Wood
Perry Q Wood
Partner - Principal Migration Lawyer

Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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