Same Sex Partner Visa - Australia
- Michael Dooley (178997)
- Jul 8, 2023
- 4 min read
How Do I Apply For My Same Sex Partner Visa In Australia?
We find this is a common question and one that does not always have a 'common' answer!
It should be a simple enough process, you are both in love and want to be together, well sometimes it may not be that straight forward howevere let us assit you thoghout the process; we make it easy!
Below is an outline of the process for applying for a defacto or marriage visa in Australia. Remember this is not immigration advice specific to your circumstances, but we alos offer specific advice to match your circumstances - call us for guidance.
Background
The visa applicant may be eligible for defacto, marriage or spouse visa when you are in (onshore) or out (offshore) of Australia.
As part of the immigration process, the applicant should in a relationship with an eligible sponsor. The sponsor should fall within one of the following categories:
Be an Australian Citizen
Be an Australian Permanent Resident OR
Be an Eligible New Zealand Citizen
Application
As the sponsor you will be supporting the applicant. Your partner will need to complete and submit the application online (paper applications no longer accepted).
The sponsor is also required to submit a sponsorship application online and both parties should 'tick' and accept the relevant declarations.
Genuine Relationship
Your partner should be over 18yo and your relationship must be genuine and that you intend to live together as a couple in Australia. When submitting the application you will also include evidence that your marriage, civil partnership or defacto relationship meets the criteria.. Evidence is also required to confirm your relationship is genuine and ongoing.
Earnings
There are no requirements to show salary/earnings/savings or assets for the applicant or sponsor. Including evidence of this nature may assist the Delegate and may speed up the application process.
Health Assessment
As part of the immigration process, the applicant will be required to attend for a health assessment. This may be completed in the home country or in Australia (depending upon where you submitted your visa application).
Health Waivers are available for marriage & partner visas should the applicant fail this aspect of the requirements MORE
Sponsorship Form
You will need to confirm your sponsorship of your partner’s (and child - dependents) application by way of an undertaking. This is done by completing the appropriate Sponsorship Form. As part of the process you are accepting that you will be responsible for your partners maintenance, accommodation and care.
Documents
The key documents to be submitted with the visa application will depend on your and your partners circumstances. Each person’s circumstances vary some are more complex than others. In some instances we may advise clients to submit additional documents or make detailed representations in order to ensure the application process is as smooth as possible.
Whilst this is not an exhaustive list some of the key documents to be submitted are:
Current passport or valid travel identification document
Any previous or expired passports
Passport style photographs
Evidence of your identity and status
Evidence of marital status
Evidence that you and your partner intend on living together in Australia
Evidence of your relationship, from when you first met up to the point you submitted the partner visa application.
Health assessment results.
Police clearance certificates.
How Long Will The Visa Be Issued For?
If you apply from within Australia the applicant will be issued with a Bridging Visa. This permits the applicant to remain in Australia while the visa application is decided.
When the applicant has made a partner visa application from overseas a Bridging Visa will not be issued. The applicant may come to Australia when the partner visa application has been approved.
Can My Partner Work In The Work?
If you apply from within Australia in most cases yes, your partner may work, take up full time employment with access to Australa Medicare.
Can My Partner Apply For Citizenship?
The applicant will become eligible for Australian Citizenship after the visa process has been completed successfully. First step is Permanent Residency, after this when eligibility has been met an application for citizenship may be possible. Review current guidelines HERE
LGBT Partner Visa
Same sex visas permits your partner to join the sponsor in Australia and reside together permanently. The onus is on you to inform the immigration department that your relationship is genuine. Depending upon your circumstances this may not always be straightforward.
As Registered Migration Agents we are knowledgeable with all aspects of the partner visa process. Your professional should be licensed with MARA, this grants you extra consumer rights.
Perform your due diligence prior to appointing a professional to take on your case, see our testimonials for peace of mind.
The majority of our clients are from the LGBT community, we treat all our clients with respect and full confidentiality. Call in for a chat sometime, we are here to help make your dream a reality!
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