Partner Visa for Same-sex Relationships

Now the same-sex marriages are recognized under Australian law. So, it is possible to apply for a partner visa on the basis of marriage. Under the marriage act, a notice of 30 days must be given. This has to be provided before a marriage takes place in Australia. The same-sex couples have the same visa pathways under the partner visa stream, such as the prospectivemarriage visa, subclass 820/801 visa and subclass 309/100 visa.

This new legislation makes it easier to include the partners as the secondary dependent in several other visa pathways. Previously, you could only include the same-sex partner if you establish that you are in a de facto relationship. Now married couples can be included as the dependents in various permanent and temporary visa applications such as the student’s visa, provisional skilled and the business migration visa.

Who can apply for a same-sex partner visa?

When it comes to the Australian migration system, it has different partner visa. All the partner visa comes in two stages. First, the visa applicant has to apply for a temporary partner visa and later for a permanent visa.

The partner visa applicants must be sponsored by their spouse or a de facto partner. The sponsoring partner must be an Australian or an Australian permanent resident.

In older laws, same-sex couples were prohibited from applying for partner visas based on marriage. But now, the new changes in the law have meant that all the partner visa applicants are now available to same-sex couples.

In case if the couple is married or if they are in a de facto relationship. Same-sex or the opposite sex, they will have to prove to the immigration departments that they have a genuine and continuing relationship before the visa will be granted or is approved. 

What does the spouse mean?

In order to apply for the same-sex partner visa as a spouse of an Australian citizen, you must be lawfully married to each other. If you are married in any other country, your marriage must be lawfully recognized under Australian law.

To show that you are in a genuine relationship as a same-sex spouse, you will have to show enough evidence, and some of the things that you have to offer are as follows.

• You are legally married

• When you met each other, also where and how

• That you are actually and exclusively committed to each other

• You live together as a couple or you are not separated on permanent basis.

• Have you talked about your relationship to your friends and family?

• What arrangements do you have to show your households, financial or family commitments together?

• What are the legal obligations or commitments that you have made to each other?

• What does de facto mean?

Many couples will declare that they are in a de facto relationship when it comes to applying or a same-sex partner visa. To be in a de facto relationship, you will have to show enough evidence to prove each of the following points.

You are not married and not related by a family and all the other evidence that you had for the spouse.

Therefore these are the things that you have to consider the partner visa for same-sex relationships. It is best to consult an immigration lawyer or a registered migration agent if you have any confusion about the partner visa for same-sex relationships.