Same Sex Partner Visa Australia



2018 Mardi Gras has arrived to Sydney; what a great event this is for the city, Australia and the gay community worldwide!

The 39th annual parade is expected to be attended by up to 300,000 people lining the streets and cheering on the many colourful floats. This years theme is ‘Creating Equality’; an important issue for gay community. Marriage equality is one area where equality has been denied for a small section of the population. Hopefully this will be rectified sooner rather than later; if and when the government abandons a plebiscite in preference for a free vote amongst parliament members. Until the current law is changed same sex couples are not eligible to apply for Prospective Marriage - Subclass 300 visa.

Same Sex | Partner Visa Options

Partners in same-sex relationship, may be granted a visa to enter Australia and remain permanently to work and live in Australia. The partner must be sponsored by an Australian citizen, permanent resident or eligible NZ citizen.


To meet the de facto requirement the couple should be in a relationship for a minimum of 12 months. There are however some exceptions to this 12 month requirement. Depending which state you reside it may be possible to register the relationship or it may be possible to apply for a waiver, where compassionate & compelling circumstances apply.

If your relationship is registered or if the couple are in a same sex marriage or if you meet compassionate & compelling requirements then you are not required to meet the 12 month defacto requirement.

Same Sex Partner visas may be lodged by the applicant if he/she is in or outside Australia; for onshore applicants use subclass 820 and offshore applicants use subclass 309. In addition since marriage equality has been introduced the couple may now apply for the Prospective Marriage Visa (subclass 300). The applicant however should be offshore when the application is made on their behalf.


Gay 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 business owner we appreciate the complexity of migration law; the core of our service is a firm belief the migration legal process should be made easy to navigate and easy to understand. Same sex clients can 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 the LGBTIQ community.

December 2017 Update: With Gay Marriage legalised, same sex couples are now eligible to apply for ALL Marriage, Spousal and Defacto partner visa in the Australian Visa Program. The 'YES" vote has transformed many acres of gay life in Australia including eligibility for Partner Visas.

Click Here For Our Dedicated Same Sex Parter Visa Pages

​If you’re unsure about your eligibility or suitability for same sex visa type, please contact us for good, honest advice.

Call Visa Crew | 0455 295 9988

Michael Dooley

Principal Migration Agent

MARN 1789997

Call Visa Crew | 0455 295 9988 • Send An Email | Click HEREOnline Client Questionnaire | Click HERE Michael DooleyPrincipal Migration AgentMARN 1789997Tel: 0455 295 988CONTACT VISA CREW FOR GOOD ADVICE • WE WORK FOR YOU

Call Visa Crew | 0455 295 9988 • Send An Email | Click HERE

Online Client Questionnaire | Click HERE

Michael Dooley

Principal Migration Agent

MARN 1789997

Tel: 0455 295 988

CONTACT VISA CREW FOR GOOD ADVICE • WE WORK FOR YOU

#SameSex #PartnerVisa #s48Bar #LGBTIQ

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