Updated: Feb 29, 2020
Transgender Relationships In Australia
Where one person in a relationship is transgender, the Department of Home Affairs has a position that varies.
Ultimately, the DIBP’s position is of a person’s gender at the time of your marriage. For the Dept it's not really important what your gender was when you were born.
For immigration purposes, whether you are applying for a same sex partner visa, 482 spouse visa, prospective marriage etc, it is policy that the gender of the person is taken to be their gender at the time of marriage, rather than the biological gender. This approach makes sense and clarifies how transgender applicants can meet the relevant criteria for visa applications in Australia.
Intersex People & Visa Applications
As to intersex persons, they are treated as being neither female nor male. Intersex people may apply for all partner visas in the Australian visa program including prospective marriage visas. The December plebiscite on same sex marriage has levelled the playing field. Remember the couple are treated no differently than other couples in that they still need to satisfy defacto criteria for grant of a visa in Australia. The four pillars: 1) Financial Aspects Of The Relationship, 2) Nature Of The Household, 3) Social Aspects of The relationship and 4) The Nature of The Persons Commitment to each other; are all important criteria which must be met (no matter your gender!).
Intersex People & Passport | Identity
Commencing August 2013 Australia introduced new passport rules permitting citizens to nominate their official gender as male, female or indeterminate, without having to undergo surgery as proof of a sex change. This huge leap forward allows travellers to choose 'indeterminate' as their gender, without having to undergo surgery as proof of a sex change. You may also have an amended Birth Certificate issued - contact your support group for more information.
LGBTIQ Community - Visa & Immigration
Couples in same sex relationships need to be creative in devising workable visa strategies. Whether you are applying for student, work or same sex partner visas in Australia it is important to realise requirements and criteria for visa grant are much the same across the board. Lesbian, gay, bisexual, transgender, and intersex & Queer (LGBTIQ) travellers face unique challenges when traveling abroad; ensure you have a valid Visa!
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