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 de facto 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 Visas 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.