Same-Sex partner visa submissions will affect how fast you’ll get a visa grant. Better submissions could also make a difference to the outcome.

#1 Is There A Special Visa Category For Same-Sex Partners?


No, There is no specific visa category called a “same-sex visa”.  The visa applications available to homosexual couples are the same visa options as are available to heterosexual defacto couples.


In the past there was a special visa class “interdependent visa” for those in a same-sex or homosexual relationship, but this class has been abolished.


#2 How Do You Qualify For A Same-Sex Visa grant?


If one partner in a same-sex, gay and lesbian relationship is an Australian citizen or an Australian permanent resident then a Partner Visa application is the commonly made application.


Partner Visa are applied for with the Department of Immigration and Border Protection (DIBP) either onshore or offshore.


Partners need to prove that they are in a genuine and continuing relationship with their sponsor, to the exclusion of all others for a period before they lodge. The period can be as long as 12 months before lodgement, depending on whether they are married or have registered their relationship.


Prospective marriage visas are a little different and do not apply to gay and lesbian partners and sponsors. These visas allow for entry of a prospective spouse to enter Australia with a view that the prospective spouse will marry their sponsor within 9 months. However gay marriage laws are yet to be implemented in Australia.


#3 What If One Of the Same-Sex Partners Is Not An Australian Citizen Or Permanent Resident?


If you are unable to make a partner visa application then consider making applications under the other visa programs. These include:


  • General skilled migration; or
  • 457 work visa and employer sponsored immigration; or
  • Refugee visa (also called protection visa).


At our consultations, we’ll help you to:


  • Identify the most appropriate immigration application you need to make; and
  • Prepare for and lodge your next application faster.


Call today to arrange a time to meet.

CategoryCases, Uncategorized

The information on this site is not legal advice. You should consult a lawyer or registered Australian Migration Agent for advice on your own situation. Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Nandan Vaityte Pty Ltd are members of the scheme. Unless otherwise specified, all advice is provided in accordance with section 276 of the Migration Act 1958 (Cth) by MyVisa Australia Pty Ltd Trading As MyVisa® ABN 65 092 524 359. RMA 1466495 0104983 1790996 © Copyright 2017 Nandan Vaityte Pty Ltd ABN 54 607 960 547 | All Rights Reserved | Privacy Policy | Disclaimer | Sitemap