Latest Updates for Visa Applicants in same-sex relationship

Same Sex Marriage Visa Application, Apply for a visa as your partner’s ‘spouse’ and that if you are in a same-sex marriage follows the legalisation of same-sex marriage in Australia.

Who can apply this Visa?

Those are lesbian, gay, bisexual, transgender, intersex and queer clients.

How to apply this Visa?

Applying for a Same Sex Partner Visa is a 2-stage process. You apply for both a temporary and permanent visa in the one application at the same time.

The temporary visa is granted if you meet all the initial criteria. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after your initial application. If you continue to meet all requirements, you will be granted a permanent visa.

What will this Visa let you do?

To be eligible for a Partner Visa you must be:

  • At least 18 years old at time of application;
  • Not be within a prohibited degree of relationship with your sponsor;
  • You and your sponsor must show that have a mutual commitment to a shared life to the exclusion of all others;
  • Showing that you have a real and continuing relationship with your sponsor;
  • Showing that you and your sponsor have been in your interdependent relationship for the whole entire 12 months that is immediately prior to making your visa application;
  • Show that you and your sponsor are living together, or if not, that any separation is only temporary;
  • Meet health and character requirements; and
  • Meet the 12-month relationship requirement.

Same-sex marriage also has that changes, if you are in a same-sex marriage you can apply for a visa as your partner’s ‘spouse’, rather than as their ‘de facto partner’.

Those latest changes will apply to Partner visas (subclasses 100, 309, 801 and 820) and to all other visas where you can include your spouse in your application.

You can also apply for a Prospective Marriage visa (subclass 300) if you are in a same-sex relationship and genuinely intends to marry your prospective spouse in Australia.