LGBTIQ Community | Same Sex Marriage
Visa Crew is pleased to support the LGBTIQ community, including lesbian, gay, bisexual, transgender, intersex and queer clients.
As a gay owned and operated business we understand and are fully aware of the needs of the LGBTI community. We offer relevant, Migration advice as it affects our community. The core of our service is a firm belief the migration legal process should be made easy to navigate and easy to understand. Gay couples face difficult hurdles when applying for partner visas, we have the experience with these complex migration matters and in that sense we are in tune with lesbian and the LGBTIQ community.
Gay Couple | Partner Visa Eligibility
Meeting the criteria for partner visas in Australia can be complex for gay couples, here are some of the requirements:
• Be at least 18 years old at time of application
• Show that you and your same sex sponsor have a mutual commitment to a shared life to the exclusion of all others
• In a genuine and continuing relationship
• Gay couple have been in an interdependent relationship for the entire 12 months immediately prior to making your application
• Show that you and your sponsor are living together, or if not, that any separation is only temporary
• Meet health and character requirements
• Meet the 12-month relationship requirement OR
• Your same sex de facto relationship is registered in the Australian state or territory, OR
• You are both in same sex marriage or Civil Union
• Eligible, dependent family members may be included in the visa application
A Guide | Gay Couple Partner Visas
To guide those of you who wish to transit from a temporary visa to permanent visa and then citizenship if desired. You may use this information to understand the process involved.
The pathway to a Permanent Partner Visa usually involves two stages. Applicants must first apply for, and be granted, a Provisional Partner Visa. The Provisional Partner Visa allows the Applicant unlimited work and study rights in Australia, as well as partial access to Medicare benefits. Two visa streams are available to gay defacto partners:
This Category | VISA FOR TWO
• Offshore Partner Visa | Subclass 309
• Offshore Partner Visa | Subclass 100
• Onshore Partner Visa | Subclass 820
• Onshore Partner Visa | Subclass 801
• Offshore Marriage Visa | Subclass 300
Evidence | Complex or Straight Forward
Depending upon complexity of the individuals case, generally within two years after the date the initial application (for a Provisional Partner Visa) is lodged, the Department of Immigration (DIBP) may request the Applicant and Sponsor to provide further evidence to support they are still in a genuine and continuing relationship.
Provided the Applicant and Australian Sponsor can meet the criteria and satisfy the Department they continue to be in a genuine and continuing relationship, and have been so for the entire provisional period, the Permanent Partner Visa will be assessed by the department and final decision will be made.
We understand each case is unique and sometimes complex. Migration law does allow for exemptions in some circumstances for same sex, gay partner visa applications. Don't let the laws and regulations confuse you, call our Registered Migration Agents for clarity.
Basic Eligibility Criteria | Gay Defacto
In order for a gay couple relationship to be recognised for the purpose of applying for a Provisional Partner Visa, the Applicant and Sponsor must satisfy one of the following Basic Eligibility Criteria:
Have lived in a de-facto relationship for a minimum period of 12 months; or
Have registered their relationship with the relevant state authority (i.e. The Office of Births, Deaths and Marriages).
It is important to note that meeting the Basic Eligibility Criteria alone is not sufficient for the grant of the visa. In addition, the couple must also be able demonstrate to the Department that they are in a genuine and continuing relationship to the exclusion of all others. To do this, the gay couple must provide evidentiary documentation relating to their shared finances, social standing, the nature of their household, and their commitment to one another.
Your Visa preparation and lodgement needs to be managed by a professional like any other project you may undertake. We specialise in Same Sex Visas in Australia - call Visa Crew today - CLICK HERE
Pitfalls For Gay Couples | Partner Visa
Now that civil unions and same-sex marriages are recognised in Australia, the LGBTIQ community have access to the full range of partner visas in the Australian Visa program.
Legislation was passed in December 2017 which legalises same sex marriages. No matter when you married, your same sex marriage is now recognised under Australian Migration Law.
Prospective Marriage Visa (subclass 300)
Prospective Marriage Visa (PSV) is now available to all queer/same sex couples in Australia and beyond.
Did you meet the love of your life while you were abroad on vacation?
Do you have a same sex sponsor in Australia?
Have you kept in touch with your lover?
Do you wish to get married?
If the answer is yes then you may be eligible to apply for a prospective Marriage Visa. Let us help with your visa application.
Bridging Visas | Gay Partner
When an application for the Provisional Partner Visa is lodged while the applicant is lawfully in Australia, the Department will issue a 'Bridging A' Visa (BVA). The purpose of the BVA is to allow the same sex applicant to continue reside as a couple and work in Australia while the application for the Provisional Partner Visa is being processed.
The BVA will come into effect on the same date that the Applicant’s current visa is due to expire and will remain in effect up until which time the Department has made a decision regarding the application for the Provisional Partner visa. BVA usually, entitles the visa applicant to unlimited work and study rights in Australia, as well as partial access to Medicare benefits.
Note: If the Applicant needs to travel outside of Australia after the BVA has come into effect, they must apply for a 'Bridging Visa B' (BVB) before they depart Australia. The BVB allows the Applicant to re-enter Australia. Remember the Bridging Visa A does not have travel rights.
Note: Offshore & Prospective Marriage Visa applicants will not be issued with a bridging visa. To discuss other avenues & options call Visa Crew Today..
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Gay Partner Visa | Sponsor
To make a successful visa application there are requirements to be meet by the sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner.
The sponsor my not be eligible if they have sponsored other applicants in the past or if they themselves have been sponsored recently. Character issues including family violence will be taken into consideration when the department decides if the sponsor is eligible to sponsor a gay partner.
Checklist | Gay Couple Visa Application
The team at Visa Crew are experienced when it comes to Same Sex partner visa applications. When you engage our services we provide you with an itemised checklist of all documents and procedures required to make a successful Visa Application. This process avoids incomplete applications, unnecessary delays and ultimately our clients can continue smiling in the knowledge they are in the hands of a qualified professional.
Registered Migration Agents | Confidentiality Assured
Client confidentiality is important, we guarantee all communications with you are kept private; without exception. At all times we do not disclose or allow to be disclosed information about our clients or our clients business. Our clients can be happy in the knowledge their confidentiality is of upmost importance to Visa Crew.
Migration Legislation | Stay Current
As legislation and regulations around visas changes often, call us for an up to date appraisal; we will happily advise the best option for your same sex partner visa. Don't hesitate, call our Registered Migration Agents for good advice.