In 2017, the Australian Government amended the Marriage Act to legalise same-sex marriages. Before this change, same-sex couples were only eligible for partner visas under the de facto category. However, following the amendment, same-sex couples can now apply for a partner visa as a spouse or for a prospective marriage visa.
This guide will outline the partner visa application process for same-sex couples in Australia, including important legal rights and considerations. If you need additional assistance during this process, Australian Migration Lawyers are available to provide professional guidance.
Legal recognition of same-sex marriages in Australia
Public support for marriage equality in Australia grew over time, with surveys as early as 2007 indicating that the majority of Australians were in favour. It wasn't until December 9, 2017, however, that the Marriage Act was officially amended to recognize same-sex marriages, redefining marriage as “the union of two people, to the exclusion of all others, voluntarily entered into for life.” Now, same-sex couples, like heterosexual couples, can apply for partner visas through several pathways, such as the onshore subclass 820/801 visa, and the prospective marriage subclass 300 visa. Couples who marry overseas are also recognized under Australian law, and their visa applications are processed similarly to other married couples. Same-sex couples are also eligible for Australian citizenship once they meet the necessary requirements.
The reform marks a significant step toward equality for same-sex couples, granting them the same opportunities as heterosexual couples in securing permanent residency through partner visas, whether they apply onshore or offshore.
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Partner visa eligibility criteria
To be eligible for a partner visa in Australia, applicants must meet several requirements. These apply to both temporary and permanent partner visas and are generally more rigorous than those for other visa types such as tourist or student visas, as partner visas offer a pathway to permanent residency. The key eligibility criteria include:
- A genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen who acts as your sponsor.
- You must have met your partner in person at least once.
- Both partners must be over 18 years of age (with limited exemptions).
- You must meet health and character requirements.
While same-sex marriages and de facto relationships are legally recognized in Australia, couples from countries that criminalise same-sex relationships may face unique challenges in providing evidence of their relationship. In these cases, it may be helpful to seek advice from an Australian Migration Agent to navigate these complexities.
Types of partner visas for same-sex couples
Same-sex couples have access to several LGBTQA+ partner visa options in Australia:
Partner Visa (Subclass 820/801)
This visa is available to spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. Applicants for this visa must already be in Australia. The 820 visa is a temporary visa, while the 801 visa offers permanent residency. Generally, applicants are granted the 820 visa first, allowing them to live and work in Australia, with access to Medicare. After two years, they can apply for the 801 visa, which grants permanent residency.
Prospective Marriage Visa (Subclass 300)
For couples planning to marry, the prospective marriage visa allows the applicant to enter Australia for up to 15 months to marry their partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. After the marriage, applicants can transition to the 820/801 partner visa. Applicants must be offshore when they apply for this visa.
Partner Visa (Subclass 309/100)
This visa is available to de facto partners and spouses of Australian citizens, permanent residents, or eligible New Zealand citizens. The 309 visa is a temporary visa, and the 100 visa offers permanent residency. Applicants must be outside Australia at the time of application. Like the 820/801 visas, the 309 visa is issued first, with applicants becoming eligible for the 100 visa after two years.
Application process for same-sex couples
The partner visa application process requires thorough preparation and the submission of various supporting documents. This includes identity documents like passports, marriage or birth certificates, and any relevant character documentation such as police checks. Applicants must also provide substantial evidence of their relationship, which may include joint financial records, shared household bills, and social proof like correspondence or photos. Presenting strong, clear evidence is critical for a smooth application process.
Challenges and how to overcome them
One of the main challenges for same-sex couples is proving the legitimacy of their relationship, especially when coming from countries where same-sex relationships are not legally recognized. In such cases, gathering sufficient evidence of the relationship can be difficult. To overcome this, it is important to provide comprehensive documentation, such as joint financial and residential arrangements, and to seek migration advice if needed.
What Australian Migration Agents can provide:
At Australian Migration Agents, we are dedicated to assisting same-sex couples with their partner visa applications, ensuring the process is as clear and efficient as possible. Our expertise in the legal intricacies of Australian migration law allows us to guide you with confidence, whether you are applying as a spouse or for a prospective marriage visa.
With our prompt service, low-cost fees, and commitment to clear communication, we make it easier for you to navigate the visa application process. For tailored support and expert advice every step of the way, contact Australian Migration Agents today and let us help you achieve your immigration goals with confidence.
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