Partner Visas for Same Sex Couples
With the legalization of same-sex marriage in Australia, the government has recognized the rights of same-sex couples to access the same legal benefits and entitlements as heterosexual couples. This inclusivity extends to the Partner visa, which allows individuals in committed relationships with Australian citizens, Australian permanent residents, or eligible New Zealand citizens to live with your loved one in Australia.
The Partner Visa subclass 820/801 is specifically designed for couples in de facto relationships or marriages. To be eligible for this visa, the applicant and a sponsor must demonstrate that their relationship is genuine, committed, and exclusive.
For same-sex couples, the visa application process for the Partner Visa is the same as for opposite-sex couples. The visa subclass commonly used by couples in committed relationships is the subclass 820/801 (onshore) or subclass 309/100 (offshore) Partner Visa. These subclasses offer temporary and permanent residency options, respectively.
To be eligible for the Partner Visa, the applicant must meet certain requirements, which include:
- Genuine relationship: The couple must provide evidence that they are in a genuine and committed relationship, including aspects such as financial interdependence, shared household, and social recognition of the relationship.
- Length of the relationship: The couple must demonstrate that they have been in a de facto relationship or married for a minimum period, typically at least 12 months. However, some exceptions apply, such as if the couple can show compelling and compassionate circumstances.
- Sponsorship: The Australian partner must be an eligible sponsor and meet specific criteria set by the Australian Department of Home Affairs. The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen and provide financial and accommodation support to the applicant.
- Health and character requirements: Both the applicant and sponsor must meet health and character requirements as stipulated by the Department of Home Affairs.
- Application process: The visa application involves submitting various forms, supporting documents, and evidence to prove the genuineness of the relationship. The process also includes health and character checks, biometric data collection, and, if necessary, attending an interview.
It is important to note that immigration laws and policies may change over time, and it is recommended to refer to the official Australian government websites or consult with a registered migration agent for the most up-to-date information and guidance on applying for an Australian Partner Visa as a same-sex couple.
Partner Visa Eligibility Check
Conduct a preliminary assessment of your eligibility to apply for an Australian Partner Visa by clicking on this link. Once you have completed and submitted the preliminary assessment, one of our lawyers may contact you to provide guidance every step of the way.
Same Sex Marriage Visa
Australian Partner Visa
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