Updated: Aug 17, 2019
How Do I Apply For My Same Sex Partner Visa In Australia?
We find this is a common question and on ethat does not always have a 'common' answer!
You may be an Australian citizen (or permanent resident) and would like your overseas partner to join you. It should be a simple enough process; you are both in love and want to be together.. Well sometimes it is not that straight forward for same sex couples.
Here 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; call us for specific guidance.
The visa applicant may be eligible for defacto, marriage or spouse visa when you are already in the Australia. The applicant may also be outside Australia when submitting the visa application.
As part of the immigration process, you will need to sponsor your partner’s application to join you as a dependant. The sponsor will need to fall within one of the following categories:
Be an Australian CitizenBe an Australian Permanent ResidentBe an Eligible New Zealand Citizen
As the sponsor you are supporting the application. Your partner will need to complete and submit the application online (paper applications no longer accepted).
Th sponsor is also required to submit their sponsorship application online and both parties should 'tick' and accept the relevant declarations.
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 is legal. Evidence is also required to confirm your relationship is genuine and ongoing.
There are no requirements to show salary/earnings/savings or assets for the applicant or sponsor. Divulging this information however may speed up the application process.
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 where you submitted your visa application.
You will need to confirm your sponsorship of your partner’s (and child or children’s) 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 partner’s (and child’s or children’s) maintenance, accommodation and care.
The key documents to be submitted with the visa application will depend on your and your partner’s circumstances. Each person’s circumstances are different and some are more complex than others. In some instances I have advised 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:
Your 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 for each country.
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 being 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 employment and study.
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.
Same Sex Partner Visa
Same sex visas permits your partner to join the sponsor in Australia and reside together, permanently. The onus is on you to convince the immigration department that your relationship is genuine. Depending upon your circumstances this may not always be straightforward.
As migration agents we are knowledgeable with same sex visa applications; most of our clients are from the LGBT community. Call in for a chat sometime, we are here to help make your dream a reality!
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WE ARE PROCESSING SAAME SEX PARTNER VISA APPLICATIONS.
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