Can We Apply If We Kept Our Same-Sex Relationship Private for Safety?

Will a private same-sex relationship be accepted as genuine?

A private same-sex relationship can be accepted as genuine where the evidence, taken as a whole, shows a real shared life and a mutual commitment, even if few people know about it. The Department looks at all four aspects of the relationship, and strong financial, household and commitment evidence can carry weight where social evidence is thin. Our article on a partner visa secret relationship explains how decision makers approach relationships that were hidden.

How do we explain why we kept our relationship private?

A couple explains why they kept their relationship private in the relationship statement, describing the safety risks they faced, who they could and could not tell, and how they managed their lives together while staying discreet. The explanation should be factual and specific rather than general. Country information and personal experiences such as threats or family pressure can support it. Our article on the partner visa relationship statement explains how to structure it.

What if an earlier visa application said I was single?

An earlier visa application that described the applicant as single, or did not mention the partner, must be dealt with openly, because the Department will compare it with the partner visa application. Where the answer was given to stay safe, or before the relationship began, the circumstances should be explained. Unexplained inconsistencies can raise concerns under PIC 4020, which our article on partner visa PIC 4020 explains, and our article on a partner visa undeclared relationship covers the issue in detail.

What evidence can a private couple provide?

A couple whose relationship was private can provide evidence that does not depend on public recognition, such as messages and call records over time, travel bookings and photographs of trips together, money transfers, shared accommodation and Form 888 statements from the trusted friends who knew. Social evidence in Australia after arrival also helps, because the couple may now live openly. Our article on partner visa limited evidence explains how gaps are handled.

Who can give Form 888 statements for a private relationship?

Form 888 statements for a private relationship can be given by Australian citizens, Australian permanent residents or eligible New Zealand citizens who know the couple and can speak to the relationship. For a private couple, that may be a small circle of trusted friends. Friends overseas who knew about the relationship can still give signed written statements as supporting evidence. Our article on Form 888 witness statements explains what each statement should cover.

How does My Migration Lawyers help couples who kept their relationship private?

My Migration Lawyers helps couples who kept their relationship private by reviewing every earlier visa record first, so any statement that conflicts with the partner visa is addressed before the Department raises it. The firm then helps the couple build a truthful account of their private life together and identifies evidence that does not expose either partner to risk. Couples can learn more about the firm's LGBTI partner visa work, and the firm, led by Principal Lawyer Weiwei Zhang, can consult in Mandarin.