LGBTQI Partner Visa Australia: A 2026 Guide
Australian migration law treats LGBTQI couples equally. Same-sex and opposite-sex couples apply under the same partner visa framework, are assessed against the same criteria, and provide the same categories of evidence.
That equality is settled law. Same-sex de facto relationships have been recognised for migration purposes since 2009, and marriage equality has applied since 2017. So the starting point for any LGBTQI couple is simple: the partner visa is open to you on exactly the same terms.
What differs, in practice, is not the law — it is some of the real-life circumstances behind the evidence. This guide covers both: the standard framework, and the issues I most often help LGBTQI clients navigate.
The partner visa pathways
There are two main partner visa pathways, and which one applies depends on where the applicant is.
Onshore — subclass 820 (temporary) leading to subclass 801 (permanent). Lodged together while the applicant is in Australia.
Offshore — subclass 309 (temporary) leading to subclass 100 (permanent). Lodged while the applicant is outside Australia.
There is also the Prospective Marriage visa (subclass 300) for couples who intend to marry. In every case, the couple can be married or in a de facto relationship — both are recognised, for same-sex and opposite-sex couples alike.
Married or de facto
If you are married (including a same-sex marriage, whether entered in Australia or a valid overseas marriage), you apply on that basis.
If you are not married, you apply as a de facto couple. A de facto relationship generally requires that you have been in the relationship for at least 12 months before you apply. There are two important ways around that requirement:
- Register your relationship with an Australian state or territory relationship register, which removes the 12-month requirement; or
- rely on compelling and compassionate circumstances, which can waive it.
For many LGBTQI couples, relationship registration is a simple and powerful step, and I often recommend considering it early.
The two-stage structure
Partner visas are granted in two stages, and it helps to understand the shape of the journey from the outset.
You first apply for the temporary visa (820 onshore or 309 offshore) and the permanent visa (801 or 100) together, in the one application. The temporary visa is usually decided first. Then, generally about two years after you applied, the permanent stage is assessed — and at that point you show the relationship is continuing.
For a couple, that means the evidence-gathering does not stop when the temporary visa is granted. You keep building the record of your shared life through to the permanent decision. Where a relationship is well documented from the start, the permanent stage is usually straightforward.
There are circumstances in which the permanent stage can be granted sooner — for example, where the relationship is long-standing or there are children — and, at the other end, the family violence provisions can protect the permanent pathway if the relationship ends because of family violence by the sponsor.
The sponsor's side
A partner visa needs an eligible sponsor — the Australian citizen, permanent resident or eligible New Zealand citizen partner. Sponsorship is not a formality; the sponsor gives undertakings and must themselves be eligible.
There are limits designed to prevent misuse. Broadly, a person cannot sponsor a partner if they have sponsored other partners in the recent past, or been sponsored as a partner themselves recently, except in limited circumstances. A sponsor with a relevant criminal history may also have to disclose it, and in some cases that can affect the application. None of this is unique to LGBTQI couples, but it is worth checking the sponsor's position early, because a sponsor problem can hold up an otherwise strong case.
The four pillars of evidence
Every partner visa — regardless of the couple — is assessed across four categories. Your evidence should speak to all of them:
- Financial aspects — shared finances, joint accounts, shared bills and assets, and mutual financial support.
- The nature of the household — how you share your living arrangements and domestic responsibilities.
- The social aspects — that your relationship is recognised by friends, family and the community; joint activities; travel together.
- The nature of your commitment — the history and development of your relationship, your knowledge of each other's lives, and your plans for a shared future.
The Department looks at the totality of the evidence. No single document proves a relationship; the picture is what matters.
Issues that come up more often for LGBTQI couples
While the law is equal, some practical issues arise more frequently in LGBTQI matters, and it helps to plan for them.
Relationships that could not be public. Where a couple comes from, or spent time in, a country where their relationship had to be hidden for safety, the usual "social recognition" evidence may be thin for that period. That is understandable, and it can be explained. We build the social evidence from the period and places where it was safe to be open, and we account honestly for the rest.
Family non-acceptance. Some applicants are estranged from family who do not accept the relationship. The absence of family recognition is not fatal — I address it directly and lean on the recognition that does exist, from friends and chosen family.
Safety and country conditions. For couples where one partner comes from a country that criminalises or persecutes LGBTQI people, there can be an overlap with protection issues. Where that is relevant, it needs careful, separate consideration.
Earlier relationships or marriages. Applicants who were previously in an opposite-sex marriage — sometimes for family or social reasons — occasionally worry this undermines their current relationship. It does not. What matters is the genuineness of the relationship you are relying on now.
When safety is part of your story
For some LGBTQI applicants, the reason evidence is thin is also the reason the relationship matters so much: they come from a country where being open was dangerous or unlawful. That reality is not a weakness in your application — it is context that can and should be explained.
Two things follow. First, we present the evidence you do have — from Australia, or from anywhere it was safe to be yourselves — and we explain the gaps honestly rather than leaving them to raise questions. Second, where one partner would face serious harm if returned to a country that persecutes LGBTQI people, there may be a separate protection dimension to consider. That is a different framework with its own criteria, and it needs careful, dedicated advice rather than being folded loosely into the partner application. If your situation has that element, flag it early so it can be handled properly.
Common pitfalls to avoid
A few issues recur, and most are avoidable with planning:
- Thin evidence for early periods. Many couples have little documentation from the beginning of the relationship, especially where being open was unsafe or they lived apart. Start gathering and organising evidence now, and explain any gaps rather than ignoring them.
- Leaving the de facto clock too late. If you are relying on the 12-month de facto period, register your relationship early so you are not caught short — or make sure you clearly meet an exception.
- Assuming cohabitation is mandatory. Living together strengthens a case but is not strictly required; couples who have spent periods apart can still succeed with strong evidence across the other pillars.
- Overlooking the sponsor's eligibility. A sponsor limitation or history issue discovered late can derail timing. Check it at the start.
- Not disclosing prior relationships or marriages. Disclose them accurately. Non-disclosure is far more damaging than the fact of an earlier relationship.
Building a strong application
The best LGBTQI partner applications I prepare do three things well. They tell the couple's real story clearly and consistently. They cover all four evidence pillars, filling gaps thoughtfully where circumstances made ordinary evidence hard to gather. And they deal openly with anything that might raise a question, rather than leaving it to be discovered.
The relevant forms are Form 47SP (the application), Form 40SP (sponsorship) and Form 888 (supporting statements from people who know the relationship). If you or your partner do not currently hold a substantive visa, keep the Schedule 3 requirements in view, and see my de facto visa guide for more on proving a de facto relationship.
Where to start
If you are an LGBTQI couple considering a partner visa, the law is on your side, and the pathway is the same one used by every other couple. The work is in the evidence — telling your story fully and truthfully, and handling any sensitive circumstances with care.
I have acted for many same-sex and LGBTQI couples over the years, and the pattern is consistent: strong, genuine relationships succeed when they are documented well and presented honestly. Your relationship deserves that care, and I am glad to help you give it.
Questions and answers
Can same-sex couples apply for an Australian partner visa?
Yes, on exactly the same terms as opposite-sex couples. Same-sex de facto relationships have been recognised for migration purposes since 2009 and marriage equality has applied since 2017. The subclasses (820/801 onshore, 309/100 offshore) and the assessment criteria are identical regardless of the couple.
Do we have to be married to apply?
No. You can apply as a married couple or as a de facto couple. A de facto relationship generally needs to have existed for at least 12 months before you apply, but registering your relationship with a state or territory register removes that requirement, and compelling and compassionate circumstances can waive it.
What evidence do we need for an LGBTQI partner visa?
The same four categories as any partner visa: financial aspects, the nature of your household, the social aspects of your relationship, and the nature of your commitment to each other. The Department assesses the totality of the evidence, so a broad, consistent picture across all four pillars is stronger than any single document.
What if our relationship had to be kept private for safety?
That is understandable and can be explained. Where a couple came from or spent time in a place where being open was unsafe, the usual social-recognition evidence for that period may be limited. We build the evidence from the times and places where it was safe to be open, and account honestly for the rest, so the gap is understood rather than held against you.
Does it matter if my family does not accept the relationship?
No. Family non-acceptance does not defeat a partner visa. Many strong applications rely on recognition from friends and chosen family rather than from unsupportive relatives. What matters is that the relationship is genuine and continuing and that it is recognised by the people around you.
I was previously in an opposite-sex marriage — is that a problem?
No. A previous opposite-sex marriage, whatever the reasons for it, does not undermine your current relationship. The Department assesses the genuineness of the relationship you are relying on now. It should be disclosed accurately, but it is not a barrier to a same-sex partner visa.