Can a Lawyer Help With a Same-Sex Partner Visa in Australia?

Can same-sex couples apply for an Australian partner visa?

Same-sex couples can apply for an Australian partner visa on exactly the same basis as other couples. A same-sex partner can be sponsored as a spouse if the couple is legally married, or as a de facto partner if the couple meets the de facto test in section 5CB of the Migration Act. The visa options are the same: the Subclass 820/801 in Australia, the Subclass 309/100 from outside Australia, and the Subclass 300 for engaged couples. Our page on the LGBTI partner visa explains the firm's work for same-sex couples.

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, which has included same-sex marriages since 9 December 2017. The couple applies as spouses in that case. Where the marriage raises questions of validity, the couple may also be able to rely on a de facto relationship, as explained in our article on an unrecognised overseas marriage.

What if we kept our relationship private for safety?

A same-sex couple who kept the relationship private for safety can still prove a genuine relationship, but the application needs to explain why some ordinary evidence is missing. Many couples come from countries where same-sex relationships are criminalised or socially dangerous, so they have no joint lease, few public photographs and families who do not know. The Department should be told this directly, with whatever private evidence exists. Our article on a partner visa secret relationship explains how to present it.

What evidence works for a same-sex partner visa?

The evidence that works for a same-sex partner visa is the same evidence that works for any couple: shared finances, a shared household, social recognition and commitment to a future together. Where family support is absent, statements from friends who know the couple, evidence from LGBTI community involvement and a detailed relationship statement often fill the gap. Our guides on partner visa relationship evidence and Form 888 statements cover what to provide.

Does registering the relationship help a same-sex couple?

Registering the relationship can help a same-sex de facto couple because registration under an Australian state or territory register removes the 12-month de facto requirement. Registration is available in NSW, Victoria, Queensland, South Australia, Tasmania and the ACT. It does not replace the evidence of the relationship itself. Our article on de facto partner visa rules explains the registration exception.

How does My Migration Lawyers help same-sex couples with a partner visa?

My Migration Lawyers helps same-sex couples by treating safety, privacy and family circumstances as part of the legal case rather than as gaps to hide. The firm advises on whether to apply as spouses or de facto partners, how to explain limited public evidence, and how to handle earlier visa applications where the relationship was not disclosed for safety reasons. Couples can speak with our partner visa lawyers in confidence by video consultation.