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. Lesbian clients 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.
Lesbians | Partner Visa Eligibility
Meeting the criteria for partner visas in Australia can be complex for lesbian couples, here are the main requirements:
• Be at least 18 years old at time of application
• Not be within a prohibited degree of relationship with your sponsor
• Show that you and your sponsor have a mutual commitment to a shared life to the exclusion of all others
• Show that you have a genuine and continuing relationship with your same sex sponsor
• Show that you and your sponsor have been in your 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
• Same sex de facto relationship is registered in the relevant Australian state or territory
• Dependent family members can be included if they are eligible, and must also meet health and character requirements
A Guide | Lesbian Partner Visas
To guide those of you who wish to transit from a temporary visa to permanent visa and then citizenship if desired, can use this information to understand the process involved.
The pathway to a Permanent Partner Visa usually involves two stages. The same sex couple 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 lesbian defacto partners:
This Category | PARTNER VISA FOR TWO
• Subclass 309 (Provisional)
• Subclass 100 (Permanent)
• Subclass 820 (Provisional)
• Subclass 801 (Permanent)
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 same sex 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 same sex 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 for some circumstances in same sex visa applications. Don't let the laws and regulations confuse you, we are a gay business owner offering up to date advice. Call our Registered Migration Agents Now - CLICK HERE
Basic Eligibility Criteria | Defacto
In order for a lesbian 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 same sex de-facto relationship for a minimum period of 12 months; or
Have registered their same sex 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 LGBTIQ couple must also demonstrate to the Department that they are in a genuine and continuing relationship to the exclusion of all others. To do this, the couple must provide evidentiary documentation relating to their shared finances, social standing, the nature of their household, and their commitment to one another.
The team at Visa Crew will assist you and advise how to best meet this criteria for same sex partner visa applications. in Australia.
Same Sex Marriage Visa For Lesbian Couples | Partner Visa
Bridging Visas | Lesbian Partner
When an application for the Provisional Partner Visa is lodged while the applicant is lawfully in Australia, the Department will automatically issue a 'Bridging A' Visa (BVA). The purpose of the BVA is to allow the applicant to continue to remain 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 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 without the need to apply for a Visitor Visa. If visitor visa takes precedence this may limit work rights etc when applicant returns to Australia.
NOTE: As Prospective Marriage Visa is an offshore visa application, bridging visas will not be issued. There may be other visa options if the applicant wishes to come onshore during visa processing.
Civil unions and same-sex marriages are now recognised by federal authorities in Australia, irrespective of their legal standing/recognition in other countries. Marriage equality legislation of December 2017 ends discrimination for the LGBTIQ community. If you are already in a same sex marriage or plan to get married your status is legally recognised in Australia.
Lesbian same-sex couples and the LGBTIQ community are now eligible to make an application for the Prospective Marriage Visa (subclass 300, offshore visa).
Are you and your same sex partner eligible for prospective marriage visa?
Did you have a holiday romance? Has the romance blossomed into a serious relationship?
Call us to determine the next step to reunite you with your same sex partner. As a gay migration business we understand your needs. We can make it happen for you....
Gay Marriage Hotline
Lesbian Partner Visa | Sponsor
To make a successful visa application there are requirements to be meet by the same sex 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 same sex 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 lesbian partner.
Checklist | Lesbian Couple Visa Application
The team at Visa Crew are experienced when it comes to LGBTIQ partner visa applications. We are gay business owners specialising in same sex partner visas. 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 LGBTIQ 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.