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.
On the other hand if you have minimal relationship evidence and you have discussed marriage together, then the Prospective Marraige Visa may be appropriate for your circumstances.
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 LGBTCommunity in Australia. The applicant should 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 LGBT 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....
Same Sex Couples may apply for a partner visa or marriage visas in Australia; there is no discrimination! To understand basic visa eligibility your defacto partner or spouse should be an Australian Citizen, hold Permanent Residency rights or a New Zealand Citizen.
If your partner is in Australia and you meet defacto criteria then most likely subclass 820/801 is the most suitable.
You may however be residing with your partner overseas if so, an offshore partner visa subclass 309/100 would be more appropriate.
Prospective Marriage Visa may be appropriate when you and your LGBT partner are not yet married but have marriage plans. The applicant should be outside Australia in order to be eligible 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 needs and circumstances; making an incorrect choice may limit your options further down the track. We can assist you with the criteria to determine which visa suits you best.
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 for everyone to understand.
Members of the LGBT 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 different to that of heterosexual couples. Main criteria for a partner visa focuses on the relationship, and if the couple meet immigration de facto criteria for the visa application. 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; legislation has since removed inequality in the immigration system.
Is your partner overseas? Did you have a holiday romance? We can assist you fulfil your dream to live in harmony with your partner in Australia.
Find Out More: 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.
Bridging Visas | Gay Partner Visa
When the applicant is onshore and application for the Provisional Partner Visa is lodged while the applicant is lawfully in Australia, the Department will issue a 'Bridging A' Visa (BVA). The purpose of the BVA is to allow the same sex applicant to continue reside and work in Australia without restriction. The couple can reside together while the application for the Provisional Partner Visa is being processed.
The BVA will come into effect on the same date that the Applicant’s current substantive visa is due to expire and will remain in effect up until which time the Department has made a decision regarding the application for the Provisional Partner visa. BVA usually, entitles the visa applicant to unlimited work and study rights in Australia, as well as partial access to Medicare benefits.
Note: If the Applicant needs to travel outside of Australia after the BVA has come into effect, they must apply for a 'Bridging Visa B' (BVB) before they depart Australia. The BVB allows the Applicant to re-enter Australia. Remember the Bridging Visa A does not have travel rights.
Note: Offshore & Prospective Marriage Visa applicants will not be issued with a bridging visa. To discuss other avenues & options call Visa Crew Today.
Bridging visas can be a complicated affair, if you feel your circumstances may not be straight forward, do seek professional assistance.
Partner Visa | Processing Times
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 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 require professional assistance, then team at Visa Crew we are qualified and experienced to manage your partner visa application.
Discuss your case in confidence with our LGBT Immigration consultant