Can LGBTI Couples Get Legal Help With a Partner Visa in Australia?

Do LGBTI couples apply for a different partner visa?

LGBTI couples do not apply for a different partner visa, because Australian migration law uses the same Subclass 820/801, Subclass 309/100 and Subclass 300 for every couple. The applicant must be the spouse or de facto partner of an eligible sponsor, and the same relationship, health and character criteria apply. A couple in Australia usually applies for the Subclass 820/801, while a couple with a partner overseas usually applies for the Subclass 309/100. Our page on the LGBTI partner visa explains the pathway in more detail.

Why do some LGBTI couples need specialised legal help?

Some LGBTI couples need specialised legal help because their relationship history does not fit the evidence the Department usually sees. A partner from a country where same-sex relationships are criminalised or socially dangerous may have no joint lease, no public photographs and no family who know about the relationship. Earlier visa applications may have described the applicant as single. Each of these points needs a lawful and honest explanation. Our article on a partner visa secret relationship explains how concealment is handled.

Can LGBTI couples register their relationship for a partner visa?

LGBTI couples can register their relationship in New South Wales, Victoria, Queensland, South Australia, Tasmania or the ACT if they meet that register's eligibility rules, and a registered relationship is exempt from the 12-month de facto requirement. Registration is not available in Western Australia or the Northern Territory, so couples there generally need to meet the 12 months, rely on an exception or marry. Registration also does not prove the relationship is genuine, so the evidence must still be complete. Our article on the de facto partner visa and the 12-month rule explains when registration helps.

Is an overseas same-sex marriage recognised for a partner visa?

An overseas same-sex marriage is generally recognised for a partner visa if it was valid where it took place and would be recognised under Australian law. The couple must still show a genuine and continuing relationship, because a marriage certificate alone does not prove that. Our article on an unrecognised overseas marriage explains when an overseas marriage may not be accepted.

What evidence works for LGBTI couples with limited public evidence?

The evidence that works for LGBTI couples with limited public evidence focuses on the private reality of the relationship: shared living arrangements, financial support, travel together, communications over time, and Form 888 statements from the friends who do know. The relationship statement should explain why social evidence is limited, in a way that is consistent with the rest of the file. Our article on partner visa limited evidence explains how gaps can be addressed.

How does My Migration Lawyers work with LGBTI couples on a partner visa?

My Migration Lawyers works with LGBTI couples by first understanding what each partner can safely disclose and what earlier visa records already say, then building a case that is truthful, consistent and complete. The firm treats safety concerns and confidentiality with care, advises on registration and timing, and prepares evidence suited to couples whose relationship has been private. Consultations are by video and email, and couples can learn more about our partner visa lawyers.