SAME SEX PARTNER VISA AUSTRALIA

Australian Migration Law states you may be eligible for a same sex partner visa if you are in a De Facto relationship or in a same sex marriage with an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.

To satisfy criteria for partner visas the couple must demonstrate the relationship is genuine and continuing. Onshore & Offshore Partner Visas and Prospective Marriage Visas are available to same sex couples and the LGBTIQ Community in Australia. The applicant of course must also be in a relationship with a qualifying sponsor.

Understanding the complexity of migration law is paramount; we apply current migration law and regulations in relation to your individual circumstances to ensure a successful same sex partner visa application. As a gay business owner we understand the needs of the LGBTIQ community.

No matter how complex your situation may seem, we offer real solutions.

Which Partner Visa Is Best For You?

There are several partner visa options to choose from if you are in a relationship. Is your Fiancé overseas or maybe you are planning to get married? When deciding which visa is best for you, ensure to engage a professional who can offer, up to date and clear advice. Our expert, migration consultants are knowledgeable and registered with MARA, the governing body in Australia. 

As a gay business owner we understand possible pitfalls for the LGBTI community when applying for Australian visas. Let our experience help yours....

Is Your Same Sex Partner Overseas or In Australia?

Do You Plan To Get Married?

Same Sex Relationship?

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THIS CATEGORY | Partner Visa For Two

Same Sex Couples may apply for a partner or marriage visas in Australia; there is no discrimination! For basic visa eligibility your defacto partner or spouse should be an Australian Citizen or hold Permanent Residency rights.

If your partner is in Australia and you can meet defacto criteria then most likely subclass 820/801 is the most suitable.

You may however be living with your partner overseas if so, an offshore partner visa subclass 309/100 would be more appropriate.

If you and your same sex partner are not yet married you may wish to consider the Prospective Marriage Visa. The applicant should be outside Australia in order to be eligible to apply for this visa.

Since December 2017 gay marriage is now recognised in Australia. If you are already in a same sex marriage, your marriage is now legal! You may be eligible for subclass 820/801 or subclass 309/100 visas. 

Ensure you choose the correct visa that best suits your circumstances; making the incorrect choice may limit your options further down the track. We can assist you with the criteria to determine which visa suits you best.

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.

Key Criteria

Members of the LGBTIQ community may be eligible for same sex partner visa in Australia.
Requirements and criteria to be satisfied for same sex partner visas are no different to that of opposite sex couples. 

Partner visas are assessed using key criteria which we in the industry call the "Four Pillars". The pillars are a reflection of the current migration legislation which includes: Financial Aspects of the relationship, Social Aspects of the relationship, Nature of the household and Nature of the commitment of the couple.

Main criteria focuses on the relationship, and whether the couple meet de facto requirements. The relationship should be genuine and ongoing; the couple are required to show evidence 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. This is a major boost for the LGBT community; removing inequality in the migration program  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 Or 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. 

Under DoHA 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 Same Sex Partner Visa applications.

For partner 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 Registered Migration Agents we are aware of the process, criteria and good time management required to submit applications with the correct evidence & detail. The team at Visa Crew are qualified to manage your partner visa application.

Call Visa Crew Today Tel: 0455295988

LGBTIQ - Can We Get A Visa

ONSHORE

Partner Visa

Onshore Partner Visa | Subclass 820/801

Most popular visa if your same sex partner/spouse is in Australia. Usually involves a two stage process. Initially the applicant applies for temporary subclass 820 visa. Later this is supplemented with additional evidence about the couples relationship. The permanent, final stage subclass 801 visa will be decided by the department. 

Partner Visa | Same Sex Sponsor

An Australian citizen, permanent resident or eligible New Zealand resident is required to sponsor the applicant. The applicant must be in Australia when making an application for this visa. 

Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.

Subclass 820 / 801 | Features & Requirements

  • Live, work or study in Australia

  • Dependent children may be included

  • Open to same sex & opposite sex couples

  • Applicant must be in Australia For This Visa

Eligibility Criteria Includes:
  • 12 Month DeFacto relationship

  • Shared life to the exclusion of all others

  • Relationship registered with State or Territory

  • Police Clearance certificate

  • Friends or relatives statutory declaration

  • Medical assessment

  • Gay Marriage/Civil Unions Recognised

OFFSHORE

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 - subclass 300 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 | 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.

  • Same Sex Couple should intend to marry in accordance with Australian Family Law

  • Sponsor and visa applicant should have met and know each other personally

  • Valid for 9 months - visa may not be extended

  • Pathway to 820/801 permanent visa

  • Applicant should be outside Australia

Eligibility Criteria Includes:
  • Intention To Marry

  • No Outstanding Debts To Australian Government

  • Police Clearance Certificate

  • Sponsor Must Be Fiancé Of Applicant

  • Medical Assessment Required

 Subclass 300 | Features & Requirements​​

OFFSHORE

Partner Visa

Offshore Partner Visa | Subclass 309/100

You may be eligible for  this visa if your partner/spouse is outside Australia. If you intend to marry your gay partner before coming to Australia you may also be eligible.  Partner visa usually involves two stage process; initially the applicant applies for temporary subclass 309. Later this is supplemented with additional evidence about the relationship or marriage. The permanent, final stage subclass 100 visa will be decided by the department. 

Partner Visa | Same Sex Sponsor

An Australian citizen, permanent resident or eligible New Zealand resident will need to sponsor the partner/applicant. Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.

Subclass 309 / 100 | Features & Requirements

  • Live, work or study in Australia

  • Dependent children may be included

  • Open to same sex &  opposite sex couples

  • Applicant must be outside Australia

Eligibility Criteria Includes:

  • 12 Month DeFacto relationship

  • Shared life to the exclusion of all others

  • Relationship registered with State or Territory

  • Police Clearance certificates

  • Friends or relatives statutory declaration

  • Medical assessment

  • Gay Marriage/Civil Unions Recognised

 

PARTNER VISA PROCESSING TIMES

Partner Visa | Processing Times

Efficiencies in the department of Home Affairs, reduced workloads and the introduction of online applications have all helped to bring about reduced processing times for partner visa applications in Australia  We are now seeing reduced processing times across the board.

Partner visa processing times may be impacted each month as a result of changes to application volumes, seasonal peaks, and incomplete applications. To help keep processing times at a minimum we advise clients to submit 'Decision Ready' visa applications. Decision Ready visa applications are loaded upfront with all the required forms, evidence & details to enable the case officer to make a decision on the spot.

Decision Ready

Decision Ready visa applications speed up processing times and invariably result in less stress for those involved. We push our clients to not only meet the 'basic requirements' of the visa criteria. As with most tasks in life 'you get out what you put in'. Time spent now preparing your partner visa application will pay dividends down the line.

Ultimately, a front loaded Partner Visa Application will give you the best chance of an early decision from the department. Don't take the chance of a possibly wait of up to 24 months only to have your partner visa refused. A refusal may add enormous stress to your relationship and ability to plan a future together. If you have future plans like travel, children or buying a home; these may have to be put on the back burner while you wait a decision on your visa application.

Beat The Queue

For partner 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 Registered Migration Agents we are aware of the process, criteria and good time management required to submit applications with the correct evidence & detail. 

If you need help, we are qualified and experienced to manage your partner visa application.

Call Visa Crew Today Tel: 0455295988

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LET US BE A PART OF YOUR SUCCESS!

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 Australia | Same Sex Visa

The Australian Department of Home Affairs (DoHA) will ultimately decide on your Visa application. A dedicated case officer is appointed to review your partner visa application, applying current legislation. 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. De Facto arrangements are another main element of the criteria. LGBT couples are required to provide adequate evidence; the relationship is serious and ongoing. With correct advance planning and advice these requirements can be meet to ensure a successful visa application.

 

Checklist | Partner 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. As migration legislation around visas changes often, call us for an up to date appraisal. We will advise the best option for your partner visa.

 

Contact Visa Crew today as the first step to a stress free, visa experience...

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