Best Legal Services for Gay Visa Australia
Love is love, and the law recognises it. We’re here to help you build your life together in Australia.
Australia recognises same-sex relationships equally under migration law. Whether you’re in a de facto relationship, have marriage plans, or are already married, you may be eligible for a partner visa that allows you to live together in Australia and ultimately secure permanent residency.
Our legal guide explains visa options, eligibility criteria, required evidence, and common pitfalls to help you understand your pathway.
Visa Lawyers with a Focus on LGBTQ Immigration Advice
Same-sex couples who wish to live in Australia can struggle with the complexities of the immigration system. That’s when the best legal services for Australian gay visa applications can help achieve a successful outcome.
Timpson Immigration Lawyers supports LGBT partners from around the world in meeting or exceeding the requirements for a partner visa application and complying with the relevant migration regulations, so they can build a safe, secure, and joyful life together in Australia. Start for free by Calling 3166 9100
Worldwide Migration Services
The Australian migration team at Timpson provides expert advice and support wherever you are in the world.
- If you are already onshore, we offer virtual and phone appointments at times that best fit your schedule.
- If you are currently in your home country, you can book a free initial appointment here.
Why Choose Visa Lawyers with a Focus on LGBTQ Immigration Advice?
Under Australian law, applying for a same-sex partner visa means proving that you have a real and ongoing relationship, which involves a lot of paperwork and compelling proof.
Legal experts who specialise in LGBTQ immigration advice know the ins and outs of the Migration Act and Department of Home Affairs policies, which helps partner visa applicants with the following:
- Thorough preparation so your applications are complete and meet the Department’s requirements and eligibility criteria.
- Handle the difficulties of gathering evidence, such as statutory declarations, financial records, and social proof.
- Take care of any problems that arise because of your individual circumstances, like a previously denied visa, meeting the character requirements, or having health problems.
- Avoid common mistakes that could cause your visa application to be delayed or denied.
Services Offered by Same Sex Visa Legal Experts
Timpson’s immigration lawyers and migration agents who specialise in same-sex visas for Australia offer a tailored service. We can provide legal representation for the entire migration process or advise on just one part of the journey. It’s your choice. Here are some of the services we can offer:
1. Visa Options and Legal Strategy Session: We review your relationship history and goals and advise on:
- The best visa category for your circumstances whether it is a provisional partner visa, prospective marriage visa, or offshore partner visa subclass.
- Your eligibility, risks and evidence strategy
- Expected timelines and costs
2. Evidence Guidance & Document Checklist: Tailored specifically to your circumstances — especially important for LGBTQ+ couples with unique challenges.
3. Lawyer-Prepared Application: We prepare and lodge the partner visa to a legislative and policy standard, identifying risks early and addressing them legally.
4. Ongoing Support Until Your Visa is Approved: We stay with you the whole way until the joyful moment you achieve success.
- Representation in the event of a visa refusal. including appeals to the Administrative Appeals Tribunal.
- Advice on the implications of marriage equality and how recent amendments to federal law affect visa eligibility and application strategies.
How Experienced Migration Lawyers Help Same-Sex Couples
- Same-sex clients can have peace of mind knowing that your individual circumstances, such as gender identity or previous military service records, are handled professionally and with sensitivity.
- A clear understanding of the visa application process, the potential challenges and processing times.
- Legal services provide support with managing communication with the Department of Home Affairs and responding to requests for additional information.
About Same-Sex Partner Visas
Applying for a same sex partner visa is a two-stage process.
- Apply for a temporary visa that allows you to live in Australia
- Apply for a permanent visa
To be eligible for a same-sex partner visa, you must be in a de facto relationship or have marriage plans or be married to an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.
This visa pathway means that same sex couples can live in Australia free from laws that discriminate because of sexual orientation. Furthermore, this same visa means gay couples can access identical immigration opportunities as heterosexual couples.
Facts About Gay Partner Visas
- Regardless of whether you were married in Australia or your home country, same-sex weddings are recognised by Australian law. As a consequence, LGBTQI couples can be married and apply for a partner visa mo matter where they were living at the time.
- Same-sex couples who are living in a de facto relationship have the same legal rights as people who have a marriage certificate.
- LGBTQ+ individuals applying for skilled visas can include their same-sex partner as a secondary applicant.
On-Shore or Off-Shore Visa Application?
- If your same-sex partner is onshore when you lodge the spouse visa application, you will need to apply for the 820 and 801 partner visa combination.
- If your LGBTQI partner is offshore when you apply, you will need to use the 309 and 100 partner visa stream.
List of countries where homosexuality is illegal
Sadly, homosexuality is illegal in many nations, which means people living in a same-sex relationship can face:
- A death sentence
- Forced marriage
- Family violence
- Other forms of punishment
Here is a list of countries where LGBT individuals may face punishment, although not all enforce these laws.
- Afghanistan
- Algeria
- Bangladesh
- Brunei
- Burundi
- Cameroon
- Chad
- Comoros
- Cook Islands
- Dominica
- Egypt (de facto enforcement)
- Eritrea
- Eswatini (Swaziland)
- Ethiopia
- Gambia
- Ghana
- Grenada
- Guinea
- Guyana
- Iran
- Jamaica
- Kenya
- Kiribati
- Kuwait
- Lebanon
- Liberia
- Libya
- Malawi
- Malaysia
- Maldives
- Mauritania
- Mauritius
- Morocco
- Myanmar
- Namibia
- Nigeria
- Occupied Palestinian Territory (Gaza Strip enforcement context)
- Oman
- Pakistan
- Papua New Guinea
- Qatar
- Saint Kitts and Nevis
- Saint Lucia
- Saint Vincent and the Grenadines
- Samoa
- Saudi Arabia
- Senegal
- Sierra Leone
- Singapore (historically criminalized until recent reform; inclusion depends on enforcement context)
- Solomon Islands
- Somalia
- South Sudan
- Sri Lanka
- Sudan
- Syria
- Tanzania
- Togo
- Tonga
- Tunisia
- Turkmenistan
- Tuvalu
- Uganda
- Uzbekistan
- Yemen
- Zambia
- Zimbabwe
LGBT Partner Visa Options for Same-Sex Couples
Same-sex couples can apply for a partner visa based on their marital status if they are legally married. Which means there are three main avenues through which a non-citizen can enter or remain in Australia on the basis of a same-sex 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.
1. Partner Visa (Subclass 820/801 – Onshore)
For couples already in Australia.
The 820 visa (temporary) leads to the 801 visa (permanent) after two years.
You must show:
- A married or genuine de facto relationship
- Mutual commitment to a shared life
- Evidence that the relationship is genuine and continuing
- Financial, social, household and emotional evidence
2. Partner Visa (Subclass 309/100 – Offshore)
For same-sex couples where the applicant is currently outside Australia.
3. Prospective Marriage Visa (Subclass 300)
This visa is designed for same-sex couples who intend to marry in Australia, which is ideal when:
- You are not yet de facto; OR
- You cannot legally or safely live together in your home country; OR
- Long-distance has made it impossible to gather the usual de facto evidence
Once you are married in Australia, you can apply for a partner visa (820/801)
Migration Regulations for De Facto Partners
Migration Regulations for de facto couples generally require 12 months of living together, unless:
- You are in a married relationship;
- Your relationship is registered in an Australian state/territory;
- There are compelling circumstances (e.g., cultural or safety barriers to living together);
- COVID-era or international travel restrictions disrupted cohabitation;
- LGBTQ+ safety issues prevented living openly together overseas.
Are There Exceptions to the Living Together for 12-months Requirement?
There can be an exception to the 12-month criterion in certain circumstances when:
- A same-sex couple registers their de facto relationship with the Australian Registry of Births, Deaths and Marriages
- There are compelling and compassionate circumstances that justify granting a visa application
What are the Eligiblity Criteria?
A qualifying person is either an Australian citizen, permanent resident, or an eligible New Zealand or Australian citizen or a permanent resident. Both parties must demonstrate:
- They are over 18 years old
- They are legally married or in a de facto partnership
- Have a mutual commitment to a shared life to the exclusion of all others
- That the relationship between them is genuine and continuing
- They both meet health and character requirements
- They live together or do not live separately on a permanent basis
- They have sufficient evidence that proves their relationship
What are the Benefits of a Gay Partner Visa?
An approved same-sex partner visa allows LGBT individuals to live together in Australia and have the same rights and benefits available to Australian citizens. They can feel safe in Australian society and have access to:
- Work with no restrictions
- Be paid a guaranteed minimum wage
- Healthcare services
- Social security
- Medicare access
- Leave and re-enter Australia with no restrictions
- Apply for Australian citizenship
- Sponsor other family members
An LGBT visa pathway can lead to permanent residency and, eventually, citizenship, providing long-term security for gay partners overseas.
Checklist for LGBTIQ+ Partner Visa Application
You will need to provide a substantial list of documents as proof of your identity and the genuine nature of your relationship. Fraud, missing, inaccurate or incomplete information can either:
- Delay an application
- Result in a refused visa
Thorough preparation is the best strategy for success.
Documents that Prove a Same-Sex Relationship
When applying for a temporary or permanent visa, the applicant and sponsor must:
- Meet health and character requirements
- Provide police certificates
- Have a medical examination
Migration law requires proof across four categories:
Financial
Shared financial matters including:
- Joint bank accounts
- Shared bills or expenses
- Other evidence of financial support between partners
Household
Nature of living arrangements, including:
- Lease agreements / shared property
- Shared utilities
- Statements about domestic arrangements
Social
Evidence of the social context of your relationship, including:
- Photos together
- Travel together
- Statements from family/friends (even if only friends know due to safety issues)
- Statutory declarations from family members
Commitment
Proof of a shared commitment to a long-term relationship.
- Communication history
- Future plans
- Wills, superannuation nominations
- Providing evidence of emotional support in your relationship
- Future plans as a couple
Personal Documents
- Passport
- Divorce or marriage certificate (if applicable)
- Birth certificate
- Proof of name change (if applicable)
- National identity card
Timpson Immigration Lawyers can tailor your evidence strategy, which is especially important for couples who have had to keep their relationship private or long-distance.
Cost of Same-Sex Partner Visas
Professional fees for assistance with same-sex partner visa applications can vary based on the complexity of the case.
Once Timpson Immigration Lawyers completes a comprehensive assessment, it will provide same sex clients with a fixed-fee quote so they have certainty about the cost of their same sex partner visa application.
Fees for Family Members
- The main applicant for a same-sex partner visa must pay a fee of $9,365
- Each child over 18 years of age applying under a same-sex partner visa must pay a fee of $4,685
- Each child under 18 years of age applying under a same-sex partner visa must pay a fee of $2,345
This amount is paid upfront as one amount and can be paid by debit/credit card, UnionPay, or BPAY.
What is the processing time for a same-sex partner visa?
The processing time for an approved same-sex partner visa for Australia depends on three main factors:
- The complexity of the case
- The availability and quality of the required documents
- The current workload of the Department of Home Affairs
- The average processing time for a temporary partner visa (subclass 820) is between 12 and 24 months.
- Then it takes another two years before you can apply for the permanent partner visa (subclass 801).
- You can speed up your application and increase the likelihood of a successful outcome by providing complete, thorough evidence.
What is the partner visa application process for a gay couple?
The partner visa application process for same-sex couples is exactly the same as for heterosexual couples. This 2-step process requires the following:
- Proof of a genuine and ongoing relationship
- A visa application with all the required documents
- Pay the application fee for your visa category
You must meet the high standard of the Australian government regarding the married and de facto criteria to have your application approved.
That’s why advice from experienced partner visa lawyers can give you a much higher chance of a successful outcome.
Future visa pathways after an approved gay visa
- An LGBTIQ+ partner visa is the first step to joining the Australian LGBT community and long-term residency in Australia.
- Once an applicant has an approved partner visa, they can be eligible to apply for Australian citizenship.
Why Hire Timpson Migration Lawyers for Gay Visa Applications?
Timpson Immigration Lawyers has helped many same-sex clients with the Australian immigration process. We are dedicated to helping everyone, regardless of their sexual orientation.
- Our team ensures that you have all the required documents to meet the requirements
- Ensure you have compelling evidence to meet the de facto criteria
- Specific advice for same-sex couples based on your circumstances
- Consistently high success rate
Find out how we can help you achieve the best outcome for you and your loved one. Call 3166 9100
Meet Our Australian Gay Visa Lawyers
Our team of Australian migration agents and visa lawyers has many years of experience dealing with the Immigration Department. As a result, they have a high success rate for prospective marriage visas and de facto partner visa applications for same-sex couples.
Louise Delaney
Joint Founder and Business Development Manager
Kristie Duncan
Lawyer & Senior Registered Migration Agent
Danielle Glashoff
Operations Manager
Andy Liu
Lawyer
Myshel Parades
Legal Assistant
Australian Same-Sex Partner Visa FAQs
Are same-sex couples able to apply for an Australian partner visa?
Same-sex couples have the same right to apply for an Australian partner visa as heterosexual couples.
Who is eligible for a partner visa in Australia?
- To have an approved same-sex partner visa, you need to be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- You will also need compelling evidence and meet the health and character requirements.
- Other members of the family unit, including dependent children (who are applying with you), also need to meet the health requirement.
How do you apply for a gay visa?
The Australian government does not discriminate based on sexual orientation, so the process for a “gay visa” is the same as for a heterosexual one.
- Choose the best visa category for your situation
- Meet the eligibility requirements
- Collect evidence
- Get advice from an immigration lawyer
- Lodge an application
Is Australia accepting of gay people?
Australia is one of the most accepting countries globally for the LGBT community, particularly in the major cities.
What is the difference between visa 300 and 309?
The main difference between a 300 and 309 visa is the relationship status when applying:
- Visa 300 (Prospective Marriage) is for couples who plan to marry in Australia (and must do so within 9 months)
- Visa 309 (Partner Provisional) is for those who have already married or are in a de facto relationship with an Australian sponsor
Does Australia permit same-sex marriage?
Same-sex marriage was legalised in Australia on December 7 under the Marriage Amendment (Definition and Religious Freedoms) Act 2017.
What is the 12 month relationship rule?
The “12-month relationship rule” requires couples to provide evidence that they have lived together in a committed relationship for at least one year.
However, you can sometimes bypass this requirement by registering a relationship with an Australian state or territory, or if you can prove a compelling reason for not living together.
Can I marry in Australia on a tourist visa?
You can get married in Australia while on a tourist visa, but this does not mean you can live in Australia on a long-term basis. Instead, you must follow t
Are same-sex couples allowed to apply for a prospective marriage visa?
- The Australian Department of Home Affairs does legally recognise marriage between LGBT partners for immigration purposes.
- Same-sex couples who are engaged but not yet married may apply for a prospective marriage visa (subclass 300).
- They can arrive in Australia, marry, and then lodge a partner visa application.
Is it possible to apply for a same-sex partner visa for a de facto relationship?
- Australia does recognise same-sex de facto relationships for the purposes of a partner visa application.
- You will need to demonstrate that you’ve been living together for a minimum of 12 months, with some exceptions.
Can I work in Australia while waiting for an LGBT protection visa to be approved?
- Most LGBT protection visa applicants can receive a bridging visa during the processing time.
- A bridging visa gives you the right to work in Australia while your case is being reviewed.
- The conditions of a bridging visa will depend on your circumstances, and a lawyer can explain how this works.
