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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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There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
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3 - 6 months installment options available on some visa types.
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.
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.
Syria
Turkey
Yemen
Zimbabwe
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.
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.
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.
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.
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.
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.
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.
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.
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.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
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.
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.
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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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
Perry Q Wood is Immediate Past 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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