Prior to 9th December 2017, same sex couples were only able to apply for a partner visa on the basis of a de-facto relationship, requiring gay and lesbian couples to prove they have lived together for 12 months in order to qualify.
Now that same sex marriages are recognised under Australian law, LGBTQI couples can marry and, instead of relying on the relationship register, they can apply for a partner visa regardless of where they live.
WHAT IS THE PROCESS?
Applying for a Same Sex Partner Visa is a two-stage process in which applying for a temporary and permanent visa occurs at the same time.
FAQs
What if my same-sex partner is on-shore when I lodge the spouse visa application?
If your same-sex partner is on-shore when you lodge the spouse visa application, you will need to apply for the 820 and 801 partner visa combination.
What if my LGBTQIpartner is off-shore when I lodge the application?
If your LGBTQI partner is off-shore when you lodge the application, you will need to apply for the 309 and 100 partner visas combination.
In order to be granted temporary visas, 820 or 309, you will need to meet certain criteria:
FOR DE-FACTO PARTNERS
- You must be sponsored by an eligible person, usually your partner.
- You must not be related by family.
- You must both be at least 18 years old at the time of your application.
- You must be able to show that you and your partner have a mutual commitment to a shared life at the exclusion of all others.
- You must be able to show that you have a genuine and continuing relationship with your partner.
- You must be able to show that you have both been in a de-facto relationship for 12 months immediately prior to lodging your application.
- You must be able to prove that you and your partner are living together or if not, that any separation is temporary.
- You must meet health and character requirements.
FOR SPOUSE PARTNERS
- You must be sponsored by an eligible person.
- You must be legally married to your partner, who will usually be your sponsor.
- You must be able to show that you both have a mutual commitment to a shared life as husband and wife to the exclusion of all others.
- You must be able to show that you have a genuine and continuing relationship with your partner.
- You must be able to show that you are both living together or, if not, that any separation is temporary.
- You must meet health and character requirements.
ARE WE ELIGIBLE?
There are three main avenues through which a non-citizen can enter or remain in Australia on the basis of a relationship.
- They are the spouse of a qualifying person.
- They are engaged to a qualifying person.
- They are the de-facto partner of a qualifying person.
This requires the parties to demonstrate that they:
- Are both over 18 years;
- In the case of a spousal arrangement, that they are married;
- Have a mutual commitment to a shared life to the exclusion of all others;
- That the relationship between them is genuine and continuing;
- That they live together or do not live separately on a permanent basis.
The Migration Regulations 1994 prescribed additional criteria for de-facto partners.
For any spouse visa application where the applicant is claiming to be in such a relationship:
- The visa applicant and their partner must have been in the relationship for at least 12 months immediately prior to the date of the visa application, unless the applicant establishes compelling and compassionate circumstances for the grant of a visa, or where the person is in a de-facto partner relationship with a person who is an applicant for a permanent humanitarian visa, or the de-facto partner relationship is registered under an Australian state/territory law as prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008
- The requirement to be in a de-facto relationship for 12 continuous months immediately before making an application applies, even if the couple was in an intermittent partner relationship prior to that period.
HOW LONG DOES IT TAKE?
Generally speaking the Department will make a decision on the temporary visa stage initially and not proceed to finalise the permanent component for a period of two years after the initial application has been made.
If the LGBTI couple has been in a long-term relationship of 3 years at the time of application, or if they have a child, an exception may be made.
WHAT NEXT?
The cost of obtaining a partner visa is currently in excess of AUD$7,000, which means it is important to give yourselves the best chance of success. After all, you have a lot invested in your application and you owe it to your future to do everything you can to ensure the visa process is as trouble-free as possible.
HOW WE CAN HELP YOU
Are you unsure of where to start and need some help? Timpson Immigration Lawyers are experts in this area, specifically specialising in partnership visas.
- Get peace of mind with our 100% Success Rate
- We have options to suit almost every budget
- We take away the risk, stress and uncertainty
- Clear and transparent fee structure
- We have in-depth experience with Character, Health and LGBTQI visas
- We understand how important these cases are to each individual
- Our single goal is to get you that YES
With all the changes in the Department of Home Affairs, getting a visa in Australia can be a daunting and confusing process. With the right help, you’ll be can be starting your new life in Australia together. For us, it’s personal.
