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LGBTQA+ protection visa Australia

Navigate same-sex immigration with expert advice from our registered migration agents

Applying for a protection visa in Australia as an LGBTQI+ individual can be complex. As an LGBTQI+ applicant, your claim for protection could be based on the fear of harm due to your sexual orientation or gender identity. It's important to demonstrate that returning to your home country would put you at risk of violence, discrimination, or other forms of harm.

Under the Migration Act, a well-founded fear of persecution can be based on membership in a particular social group, which includes LGBTQI individuals who face discrimination or harm due to their sexual orientation or gender identity.

At Australian Migration Agents, our registered migration agents specialise in assisting LGBTQI+ individuals navigating the protection visa process. We provide expert guidance tailored to your specific situation, ensuring your application is as strong as possible.

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Ranked 1st for migration law in 2022 & 2023

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What is a same-sex protection visa?

A same-sex protection visa is a humanitarian visa that allows individuals to seek refuge in Australia if they face persecution or serious harm in their home country due to their sexual orientation. This visa, often known as the Protection Visa (subclass 866), is designed for those who fear returning to their country because of the threat of discrimination, violence, or legal consequences related to their sexuality. Applicants must demonstrate a well-founded fear of persecution under one of the 5 categories listed under the Migration Act. The visa grants them safety in Australia, offering the right to live, work, and access healthcare, with the possibility of permanent residency if granted.

Syria

Turkey

Yemen

Zimbabwe

Eligibility requirements for a LGBTQA+ protection visa

To qualify for an LGBTIQ+ protection visa, applicants must meet specific criteria set by the Australian government to demonstrate a genuine need for protection due to threats or persecution in their home country. The application requires detailed evidence showing the risk the applicant faces based on their sexual orientation, gender identity, or gender expression.

Eligibility requirements include:

You must be in Australia to apply
You must show a well-founded fear of persecution due to your sexual orientation, gender identity, or expression
The persecution must be tied to your membership in the LGBTIQ+ community
You must be unable to seek protection from your home country’s government
You must meet health, character and security standards
You must provide proof of your identity and the persecution you face in your home country

Benefits of a same-sex protection visa

Holding an LGBTIQ+ protection visa in Australia offers security and a fresh start for individuals who have experienced discrimination or persecution. Once granted, the visa provides a range of benefits that support individuals in rebuilding their lives within a safe and welcoming environment. It also grants access to vital services and opportunities for permanent residency, ensuring long-term stability and a secure future.

The right to live and work in Australia permanently
Access to Australia’s healthcare system, including Medicate
The ability to study in Australia, with access to domestic student fees
Eligibility to become an Australian citizen
Protection from forced return to a country where you may face persecution
The ability to sponsor eligible family members to join you in Australia
Expertise in handling complex visa applications and ensuring all requirements are met.
Tailored advice and support for same-sex couples, taking into account their unique circumstances.
Proven track record of success in partner visa applications, with a strong emphasis on client satisfaction.

護照
出生證
Evidence of Persecution
Supporting Statements

澳大利亞無犯罪記錄證明
海外無犯罪記錄證明
兵役記錄（如適用）
退伍檔案（如適用）

How same-sex protection visas work in Australia

Same-sex protection visas in Australia allow individuals who face persecution or harm due to their sexual orientation or gender identity to seek refuge. To apply, applicants must be in Australia and demonstrate a well-founded fear of persecution in their home country. After the application has been submitted the individuals may be placed on a bridging visa while awaiting the outcome of their application.

Successful visa applications offer safety, granting access to essential services, the right to work, and the possibility of permanent residency. If the Department grants you the 866 visa you can travel to and from Australia for 5 years from the date the visa is granted. After 5 years, if you leave Australia you will need a Resident Return (RRV) visa if you want to re-enter Australia.

未來的簽證途徑

The Protection Visa (subclass 866) is a permanent visa, meaning once granted you are an Australian Permanent Resident. After holding a protection visa for a certain period individuals may be eligible to apply for, and become, an Australian citizen.

Additionally, other visa options, such as a Partner Visa or Skilled Migration Visa, may be available depending on an individual’s circumstances. These pathways provide opportunities for long-term stability and full participation in Australian society, including access to work, education, and healthcare.

Benefits of using Australian Migration Agents for same-sex protection visas

Applying for a same-sex protection visa can be complex, and having an experienced migration agent on your side can make all the difference. At Australian Migration Agents, our registered migration agents are well-versed in Australian immigration law and can guide you through every step of the process.

From gathering crucial evidence to ensuring your application meets all legal requirements, we provide expert advice and support. Our team works to maximise your chances of success and offers peace of mind, making your journey to safety and stability as smooth as possible.

Benefits include:

Expertise in handling complex visa applications and ensuring all requirements are met.
Tailored advice and support for same-sex couples, taking into account their unique circumstances.
Proven track record of success in partner visa applications, with a strong emphasis on client satisfaction.

Same-sex protection visa cost in Australia

The cost of applying for an LGBTIQ+ protection visa in Australia varies depending on individual circumstances, including whether legal assistance is required.

Professional fees payable to Australian Migration Agents

Our fees are based on the complexity of your application, with some cases requiring more detailed work and quoted accordingly. We offer a fixed-fee structure, ensuring transparency and clarity about the total cost of your partner visa application. To accommodate various financial circumstances, we also provide flexible payment options.

部門費用

Typically, the Department of Home Affairs charges an application fee for the protection visa application, which must be paid at the time of lodgement.

第 1 步

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Same-sex protection visa processing time

Processing times can vary significantly, often taking between 12 and 24 months. The complexity of your case and the volume of applications being processed by the Department will affect the overall processing time. Ensuring your application is complete and accurate is essential to avoid unnecessary delays.

Considerations

When applying for a same-sex protection visa in Australia, it's important to consider several factors. You must demonstrate a well-founded fear of persecution based on your sexual orientation or gender identity. Be prepared to provide detailed evidence, such as personal statements, documentation of past harm, and proof of your relationship if applying as a couple. Additionally, ensure you meet health and character requirements, and seek advice from an experienced migration agent to navigate the complex application process effectively.

We make ourselves as accessible as possible to you

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.
We understand your situation is sensitive and will provide the most transparent advice

Who is eligible for a protection visa in Australia?

To be eligible for an LGBT protection visa, applicants must be in Australia and demonstrate a well-founded fear of persecution in their home country because of their sexual orientation or gender identity. This persecution must be due to membership in a particular social group, such as the LGBT community, and applicants must prove that they cannot seek protection from their home government. Additionally, applicants must meet the health, character, and security requirements of the Department of Home Affairs

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

Yes, an LGBT protection visa is for individuals who are seeking protection due to their sexual orientation, gender identity, or expression. Individuals can apply for protection visas for many different reasons and being a member of the LGBT is one of them. The Australian government recognises the civil and political rights of same-sex couples.

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

Yes, LGBTIQ+ individuals can apply for a protection visa in Australia if they face persecution or serious harm in their home country due to their sexual orientation or gender identity. Same-sex couples may apply for this visa either individually or together, providing evidence of the threat they face because of their LGBTIQ+ status

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

Individuals in de facto relationships can apply for an LGBT protection visa in Australia. A de facto relationship is a committed partnership where the couple lives together but is not legally married. If you and your partner are in a de facto relationship and face persecution based on your sexual orientation in your home country, you may be eligible for the protection visa. You must provide evidence of your relationship, such as joint finances, shared living arrangements, and social recognition.