Can I marry or register my same-sex relationship?
If you are in a same-sex relationship and wish to make an application for a partner visa for Australia, things are a lot easier today than they were a few years ago. Australia recognises same-sex relationships. You can marry your same-sex partner in any state and get a marriage certificate.
If you do this you will typically be eligible to lodge a partner visa based on a married relationship. Such an application does not have any 12-month pre-existing relationship requirement. Simply marry and then lodge your partner visa.
However, if you do not wish to marry, but rather you and your same-sex partner instead plan to register your de-facto relationship this is certainly possible in most Australian states and territories – BUT there is no system for gay partners to register as de-facto couples in:
- Western Australia;
- Northern Territory;
- South Australia (although same-sex couples can register their relationship through a “Domestic Partnership Agreement” document).
The potential for registration of gay relationships in addition to heterosexual relationships in most states and territories is a significant development in partner immigration law.
Lodging a partner visa as a de facto partner can yield strategic benefits.
Information on how to get married or register your same-sex de facto relationship is available at the Registry of Births Deaths & Marriages.
Time period – the long wait to get a certificate!
Please also check carefully whether any “waiting period” may apply between the date of lodgement of an application for registration of a relationship and the date of actual registration of the relationship. This can be around one month but the timing may be very critical in relation to any application you wish to make.
Genuine and continuing relationship?
Each and every temporary partner visa applicant, whether homosexual or otherwise, is required to provide evidence of a genuine and continuing relationship .to the Department of Immigration and Border Protection (DIBP)
The rules are that a person is the de facto partner of another person (whether of the same sex or different sex) if a person is in a de facto relationship with another person if they are not in a married relationship with each other but:
- they have a mutual commitment to a shared life to the exclusion of all others; and
- the relationship between them is genuine and continuing; and
- They:
- live together; or
- do not live separately and apart on a permanent basis; and
- they are not related.
If you are in a de facto relationship with an Australian citizen or an Australian permanent resident (or with what is known as an eligible New Zealand Citizen), you may be eligible for a de facto partner visa now.
Do you need help with lodging a same-sex partner visa? Book a consultation with me now. Together we can decide what should we do next. I have helped hundreds of same-sex couples get permanent residence visas so they can continue to live their lives in Australia. Can I help you do the same?
How long do Australian partner visas take?
The normal processing time of an Australia partner visa whether is an onshore subclass 820 or an offshore application subclass 309 is around 20 months give or take 5 months. You can check the general processing time on the Department of Home Affairs website here.
How partner visa law changes may affect you?
Does your sponsor have any criminal record or family violence history? Is the person who is not the sponsor in a partner visa application somebody who is currently in Australia without any visa or with a bridging visa held for more than 28 days?
These are some of the reasons why you might not be eligible to make an application for a partner visa. If you are eligible, these issues may present difficulties for you in getting a partner visa granted.
Looking for an immigration lawyer to help. Book a consultation with me.
Your Experience?
Please share your comments with me.
I’d love to know more about your experience with applying for a partner visa for Australia!
20 Responses
Hello please help me
Dear Heshan,
Thank you for reaching out. I’d be happy to assist you. Could you please provide more details regarding your situation so that I can better understand how to help? If you prefer, we can also arrange a quick chat to discuss your matter in more detail. You can book an appointment directly here: MyVisa/appointment.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi,
I would like to get some advice in regards to getting a visa for my same sex partner. But I wann bring here first as visitor or tourist, and I wanna processes a partners visa on shore.
Hi Sir, I’m an Australian.I have a gay partner who lives in Malaysia as a refugee from Myanmar. Can I sponsor him to live in Australia? Please
Hi, I’m planning to marry my same sex partner in the Philippines on May this year. My plan afterwards is to get him and live with him here in Perth. Is there a visa I could apply or what visa suits him? I’m a permanent resident already. Thanks in advance.
Dear Sir, We are a male same-sex couple living in Sri Lanka. We have been living together for about five years now, but due to the poor situation in our country, we have faced accusations and harassment from the society on many occasions. There is no chance. The main factors affecting this are that same-sex marriage has not been legalized in our country. But we have decided to spend our future lives together as gay men. We know very well that there will be no space in our country to live the loving life we both want. We have come to know that you are always getting help for these male homosexuals in your country. We request you very kindly to help us both for such occasions. We both promise that you will obey all the rules of the country and work in the country and spend the future of both of us very lovingly. Finally, we believe that you will help us both. We will wait quietly. Thanks to this Sri Lankan male gay couple.
Dear Sir, We are a male same-sex couple living in Sri Lanka. We have been living together for about five years, but due to the poor conditions in our country, we have had to face accusations and clashes from the society on many occasions. Therefore, there is no room for both of us to get a proper job. The main factor affecting this is that same-sex marriage has not been legalized in our country, but both of us have decided to spend our future lives as male homosexuals. It is a fact that we know very well that there is no space in our country to live the love life that both of us want. We have often come to know that your country always gets help for such male same-sex couples. We would like to. We request you very kindly to help us both for such an occasion. We both obey all the rules and regulations in your country, and we also promise that you will work in the country and spend the future of both of us in a very loving way. Finally. We both keep quiet with the belief that you will help us both. This is a Sri Lankan male gay couple.
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