LGBT MARRIAGE VISA
Australian Immigration Law states that you may be eligible for a same sex Marriage visa if you are engaged and committed to marry your same sex partner who should be an Australian Citizen, an Australian Permanent Resident or an eligible New Zealand Citizen.
This. offshore Prospective Marriage Visa is available to same sex couples and the LGBT Community in Australia. To satisfy criteria for a marriage visa the relationship should be genuine.
At a minimum you must have met your finance in person; if you have only met online this is not enough to satisfy the visa requirements. It does not matter where you have met; in Australia or abroad is not important, but you should have met and have evidence to verify the meeting took place.
Which Partner Visa Is Best For You?
There are several visa options to choose from. Is your Fiancé overseas or maybe you are planning to get married? When deciding which visa is best for you, ensure you engage a professional who can offer, up to date and clear advice. Our expert, LGBT immigration consultants are knowledgeable and registered with MARA, the governing body of migration agents in Australia.
As a gay business owner we understand the potential pitfalls for the LGBTI community. Let our experience help yours....
LGBT - Can We Get A Visa
Visa Crew is pleased to support the LGBT community, including lesbian, gay, bisexual, transgender, intersex and queer clients.
As gay business owners, we appreciate the complexity of migration law. 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. The core of our service is a firm belief the migration legal process should be made easy to navigate and easy to understand - By All.
Members of the LGBTIQ community may be eligible for same sex partner visas available through the Australian visa program.
Requirements and criteria to be satisfied for same sex partner visas are no different to that of heterosexual couples. Main criteria for a partner visa focuses on the relationship, and whether the couple meet the de facto requirements. Of course the relationship should be genuine and ongoing; the couple are required to demonstrate they are committed to each other to the exclusion of all others.
Prospective Marriage Visa
Same sex couples may now apply for prospective marriage visa in Australia since marriage equality was introduced. This is a major boost for the LGBT community, removing inequality in the immigration system. Is your partner overseas? Did you have a holiday romance? Remember we can assist you fulfil your dream to live with your partner in Australia. Click HERE
Waiver For 12 Month DeFacto
The 12-month cohabitation requirement for partner visas may be waived if the couple has the opportunity to register their relationship in the state or territory they reside. Relationship registration may not be available in All Australian states/territories. Do bear in mind, if you register your relationship this may limit your options further down the line; you should understand how this may impact your relationship timeline.
Under DHA policy guidelines, same sex couples who are married are not required to meet the 12 month defacto requirement. This concession can be availed of for LGBT Partner Visa applicants. Remember, if you are already married you should consider a partner visa; you are not eligible for this Prospective Marriage visa.
For marriage visas applications it is wise to plan in advance to ensure both the sponsor and applicant are eligible to make a successful visa application. As LGBT Registered Immigration Agents we are aware of the process, criteria and potential pitfalls the gay community may face throughout the visa application process.
FAQ | LGBT Prospective Marriage Visa
FAQ | FREQUENTLY ASKED QUESTIONS
Below is a selection of our most frequently asked questions about Prospective Marriage Visa Applications. The topics are general in nature and should not be regarded as specific to your circumstances. Always speak with a Professional & Registered Migration Consultant for specific advice. Call us, we can help if you do not find the answer to your query here!
Q Who May Apply For Prospective Marriage Visa?
You may be eligible to apply for a Prospective Marriage visa if you can satisfy the requirements which includes the following:
Applicant must be over 18 years of age
You have an eligible same sex sponsor
Same sex couple have met in person since each of you turned 18, and know each other personally
You and your partner genuinely intend to marry within 9 months of the grant of the visa
You and your gay partner genuinely intend to live together as spouses after your same sex marriage
You meet health and character requirements.
Q May I include Family Members?
Yes you may include eligible family members in the visa application (subject to agreement from your sponsor). Dependent children and or dependent family members may be included.
Q Is My Partner Eligible To Sponsor Me?
The sponsor must be over 18 years of age. To be eligible the sponsor must also meet one of the following criteria:
• An Australian Citizen
• An Australian Permanent Resident
• An eligible New Zealand Citizen
There are other limitations on who may or may not sponsor the applicant for a prospective marriage visa. Please call us for detailed information.
Q How Long Is The Visa Valid For?
Prospective Marriage Visa (subclass 300) is a temporary visa, valid for 9 months. Within the nine month period you should marry your spouse.
Q What Happens If We Do Not Get Married?
The main criteria is that the visa holder must get married within 9 months after the visa is granted. This visa cannot be extended and the holder will become unlawful in Australia after the nine month period. The applicant may however, be eligible for another type of visa depending upon individual circumstances.
Q I Am In Australia, Can I Apply For This Visa?
To make a successful application for same sex prospective marriage visa the applicant must be offshore, that means outside of Australia. In some cases it may be possible for the applicant to come to Australia before the decision is made on the visa.
Q Can We Marry In Australia?
You may get married in Australia; to do so you should speak with an authorised marriage celebrant. You will be issued with a Notice Of Intention To Marry. Use this document to evidence your intention to marry.
Q What Is The Cost Of the Visa?
Currently the visa charges are $7715.00, this is payable to The Australian Government.
We are expecting these charges to increase in October 2020.
We love it here...
Q Am I Entitled To PR When We Marry?
Marriage to an eligible sponsor does not grant automatic Permanent Residency. The applicant must apply for a partner visa once the marriage has taken place. The following same sex partner visa options are available:
Partner 820/801 (onshore)
Partner 309/100 (offshore)
Visa Crew can also assist with your future Partner Visa application. Currently we have Special Offers for our Same Sex Prospective Marriage visa clients.
Q We Are A Same Sex Couple, May We Apply?
Same sex couples are eligible to apply for the Prospective Marriage Visa (subclass 300). With the changes to Australian Federal Law, gay marriage is now recognised. This visa is available to all Australian Citizens and their partners including members of the LGBT community.
Q Will I Be Required To Attend For Interview?
Generally the Department of Home Affairs rely on the evidence provided to determine if an interview is required. Make sure your evidence is strong to minimise the risk of an interview.
Q Do I Need To Sit For A Health Assessment?
For most visa applications a health check is required; you will find a list of providers who can provide this service in your home country. If you have a health condition contact us prio to attending your health appointment. Potentially your visa could be refused.
Q Does The Visa Allow Me to Work?
When the visa is granted there are many benefits to the holder:
You may travel to Australia to marry your fiancé
Unrestricted work rights in Australia
Study in Australia
Travel abroad as often as you like
Make a follow up application for PR
Medicare entitlement (after partner visa application)
Pathway to Australian Citizenship
Q Do We Have To Marry In Australia?
You may marry your partner anywhere in the world, after the visa is granted and after your first entry into Australia. Please, do not marry before the visa is granted or before you enter Australia.
Q We Are Already In A Same Sex Marriage?
Congratulations; your same sex marriage is now recognised in Australia since legislation was passed in December 2017. As you are now married you are not eligible for Prospective Marriage Visa.
As a same sex couple you may be eligible for a skilled visa or perhaps one of the following partner visas:
Partner Subclass 820/801 (onshore)
Partner Subclass 309/100 (offshore)
Contact us anytime, we are happy to discuss your eligibility,
Q We Have More Questions About Prospective Marriage Visa?
Call us anytime to ask any further questions you may have. We are gay business owners and we are experienced Immigration Agents.
Call us for your FREE Assessment.
LET US HELP YOU, TOO
Every day, people turn to Visa Crew for expert advice to help them through the (sometimes) complicated visa application process. We have a successful history of expertise in Australian Migration law and we are proud of our track-record of success.
All immigration advice you receive from Visa Crew is provided by Registered Migration Agents. When you appoint us to manage your visa application, like other people, you have chosen to be represented by a team of experts who can deliver our promise!
In addition to our in-house expertise we also collaborate with a large network of qualified Professionals and immigration Industry Bodies. This grants us access to a knowledge base that may be useful for your specific case.
The team at Visa Crew are trained and based in Australia for your peace of mind
WHAT YOU GET | Peace Of Mind
Assessment of Your Case By A Registered Immigration Agent
Consult Current Migration Law & Regulations For Your Case
Lodgement of Visa Application With Submission Documentation
Unlimited, Professional Migration Advice On Your Case
Access To Online Case/File Management Portal
Unlimited Face To Face Consultations
Fixed Fee - No Hidden Extras
Regular Updates On Your Case
Prospective Marriage Visa
Prospective Marriage Visa | Subclass 300
Valid for 9 months, same sex applicant should be outside Australia when papers are lodged for Prospective Marriage Visa. The applicant should not enter Australia or get married before the visa is granted. Once granted, the same sex marriage can take place - anywhere in the world!
Prospective Marriage Visa | Same Sex Sponsor
An Australian citizen, permanent resident or eligible New Zealand resident will need to sponsor the prospective spouse/applicant.
Same sex sponsor is required to meet character criteria & provide AFP police clearance certificate.
Subclass 300 | Features & Requirements
• Same Sex couple should intend to marry in accordance with Australian law.
• Sponsor/spouse should have met and know each other personally
• Visa is valid for 9 months - cannot be extended
• Pathway to 820/801 permanent visa
• Applicant must be outside Australia
• Intention To Marry
• No Outstanding Debts To Australian Government
• Police Clearance Certificate
• Sponsor Must Be Fiancé Of Applicant
• Medical Assessment Required
3 STEPS | LGBT Marriage Visa
Basically, Prospective Marriage Visa is step one of a three stage process to a permanent residency in Australia for same sex couples.
If you marry your same sex sponsor within 9 months of being granted a subclass 300 visa, you may then become eligible to apply for a Partner Visa in Australia.
A Partner visa usually involves an additional two stages: an application for a Temporary Partner visa (subclass 820), and later for a Permanent Partner visa (subclass 801). As a time saving measure, both the temporary & permanent partner visas can be lodged at the same time.
When the marriage has taken place it is advisable to plan ahead and ensure the Partner visa application can be lodged within the allowed time frame. Once submitted the Applicant will be granted a Bridging visa.
Onshore LGBT partner/marriage/defacto visa applicants are entitled to an associated bridging visa. This allows the holder to remain in Australia until a decision is made on their Partner visa application; the couple can reside together throughout the process.
If you apply for a Partner visa as the holder of a 300 visa, there are reduced fees for a subclass 820/801 Partner visa application. In addition Visa Crew also offers a discount in our professional fees to our Prospective Marriage visa clients.
This is straight up no catch discount - Call Us To Find Out More Click HERE
We understand client confidentiality is important to you. With this in mind we guarantee all communications are kept private; without exception. Our clients can be happy in the knowledge their confidentiality is of upmost importance to Visa Crew.
A key requirement for visa grant is that you and your partner must genuinely intend to marry within the 9-month visa period. To evidence your intention to marry you are required to provide evidence documenting that arrangements have been made for the marriage ceremony to take place. This could be be in the form of a letter from your marriage celebrant confirming the date and venue of your intended marriage ceremony.
If you wish to marry in Australia, you must lodge a Notice of Intention to Marry (NOIM) with the marriage celebrant who will be conducting the ceremony. You may search for an authorised marriage celebrant HERE
Michael made sure that every detail was covered and that we understood every step of the application. My boyfriend was living in Indonesia but now we are together.
Mick & Decky
"Now we are together
Partner Visa | Visa For Two
The primary requisite of this visa category is that the spouse/partner are to be sponsored by an Australian person already settled in this country. LGBT couples are required to provide adequate evidence; the relationship is serious and commitment to marriage within the permitted timeframe. With correct advance planning and advice we can assist with these requirements to ensure a successful visa application.
Checklist | Marriage Visa Application
The team at Visa Crew are experienced when it comes to same sex partner visa applications. When you engage our services we provide you with an itemised checklist of all documents and procedures required to make a successful Visa application. This process avoids incomplete applications, unnecessary delays and ultimately our clients can continue smiling in the knowledge they are in safe hands.
Visa Crew | Registered Migration Agents
Our Registered Migration Agents are on hand and ready assist with your visa choice. We are Gay & Proud; we offer an unparalleled personal service to all our clients.
Call us for honest and up to date advice on your individual circumstances, we will happily advise and provide assistance no matter how complex your situation may seem!
Contact Visa Crew today as the first step to a stress free, visa experience...