Did you have a romantic rendezvous on your vacation abroad?
Have you been chatting with a sexy man on the other side of the world?
Have you met your dream woman?
Are you a member of the LGBTIQ Community?
For Australian citizens, long distance same sex relationships can be difficult, even more so if they are international. If you really want to take your relationship to the next level, you and your same sex partner would probably like to live in the same country, together?
Unfortunately, the Australian Immigration authorities (Department of Home Affairs) does not hand out visitor visas to just anyone. Many single men and women who come from non industrialised nations have difficulty obtaining visitor or student visas. They cannot hop on a plane for a visit, to meet their lover, and those that can visit easily, such as Europeans may not obtain permission to work in Australia. Obtaining a temporary visa to visit Australia can prove difficult.
As an Australian citizen or permanent resident you may sponsor your same sex partner to come to Australia on a Prospective marriage Visa. This is now possible since the Yes vote result of the same sex marriage plebiscite in November 2017.
When the visa has been approved your future spouse can come to Australia and the gay couple should marry. Marriage then qualifies your same sex partner to take the next step and apply for permanent residency.
The Prospective Marriage Visa (PMV) process, like most immigration processes, is not quick and some people may find it complicated. As Registered Migration Agents (RMA) we can help you through the process. Here are some of the important steps involved:
Meet Your Same Sex Fiancé in Person
Some of you may have met your new boyfriend or girlfriend on a trip abroad, or these days many gay and lesbians start their relationships online regardless of location. However, it is imperative you have physically met in person and you can provide evidence to back this up. In general the Australian sponsor will have met the applicant in Australia or the sponsor may have travelled abroad to meet the applicant. Keep evidence of your rendezvous, you will need to demonstrate how you met (online meetings do not count)
Gather Evidence Of Your Same Sex Relationship
Remember the case officer does not know you or that your relationship is genuine and continuing. To convince the Dept you may supply photos of the two of you together, plane tickets or itineraries, passport stamps showing your recent visit. Screenshots of text messages, Facebook chats, emails, actual letters or postcards, hotel receipts, love letters, declarations from friends or family who know about your relationship or any other document you think shows that you are more than acquaintances.
Intention To Marry
With the visa application you must provide a Notice Of Intention To Marry (NOIM); the visa will not be granted without this. The NOIM can be for a specific date or a date range to accommodate the visa grant. Of course when you arrive into Australia you can amend the NOIM date, just remember you must marry within 9 months of the applicants arrival into Australia.
What Are The Costs Involved
This is an expensive process, in addition to the government visa charges (VAC) you will also need to have a health assessment, police certificates and maybe have your documents translated into English. Here's a breakdown of the costs which will vary dependent in which country you reside::
Government Charges: $7160.00
Health Assessment: $200.00-$300.00
Police certificates: $0.00-$80.00
Document Translations: $150.00-$500.00
If The Prospective Marriage Visa Is Approved
When your same sex partner is permitted to visit to Australia, the day they land is when the 9 month visa duration commences. You must marry your fiancé anywhere that allows for same-sex marriage (Australia or abroad). To be clear, it is not essential you get married in Australia but it is essential the applicant arrives into Australia to activate the visa. You may then travel abroad if you wish to have you marriage ceremony conducted in another country. The same sex couple must marry within 9 months of visa grant, you are then eligible to apply for the next step, onshore Partner Visa subclass 820/801.
It's a lengthly process?
Yes, it is a lengthly process. Part of this is to ensure you are a legitimate loving couple who are prepared to show commitment to each other in the long term. The relationship must be genuine and continuing.
Want to know more? Call Visa Crew, we are a gay business owner and we are in tune with your needs; we also understand the complexities of Australian migration law. Get in touch NOW!
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Tel: (02) 8011 4922 (Australia) Or + 61 455 295 988 (International)
Michael Dooley | Registered Migration Agent | MARN 1789997