Same sex marriage has been lawful in Australia since December 2017, and same sex de facto relationships were recognised for migration purposes well before that. If you are the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, you apply under the same partner visa provisions as any other couple.

The difficulty is rarely the law. It is that couples who have had to keep a relationship private, often because being open was unsafe, have less of the evidence the Department expects to see.
That problem is solvable, but it has to be addressed deliberately rather than hoped past.
Couple wrapped in a pride flag on a swing, same sex partner visa Australia
Two hands held in front of a rainbow flag, same sex partner visa Australia
Where We Stand

Advice That Starts by Taking Your Relationship Seriously

You should not have to explain to your lawyer why your relationship counts. Australian migration law treats a same sex relationship the same as any other, and so do we. The consultation starts with the visa criteria and the evidence, not with your identity.

We use the name and pronouns you give us, in the file, in correspondence and in the application. Where documents are in a former name or a different gender marker, we address the discrepancy in the submission rather than leaving a case officer to raise it.

Nothing you tell us goes anywhere you have not agreed to. Everything you say to a lawyer here is covered by legal professional privilege, and your file is protected by the Privacy Act.

The Language We Use, and Why It Matters

Australian migration law uses two words that do a lot of work: spouse and de facto partner. Neither is gendered. Both have applied to same sex couples for migration purposes for well over a decade, and to same sex marriage since December 2017.

You may see the terms LGBTI, LGBTIQ+, LGBTQIA+ and same sex used across our site and across the Department's material. They describe the same group of applicants and the same visa criteria. Nothing turns on which one is used.

Spouse

Married under a marriage valid where it was performed. Australian law recognises overseas same sex marriages for migration purposes.

De Facto Partner

In a genuine and continuing relationship, living together or not living apart on a permanent basis. Gender neutral in the legislation.

Registered Relationship

Registered with an Australian state or territory registry. Removes the 12 month cohabitation requirement, and is available to same sex couples.

Member of the Family Unit

Covers a partner and dependent children, including a partner's children. It does not distinguish by the gender of the partners.

Sponsor

The Australian citizen, permanent resident or eligible New Zealand citizen who supports the application. No gender requirement applies.

Protection Visa

Available where returning to your country would expose you to persecution, which can include persecution based on sexual orientation or gender identity.
Want a consultation where you do not have to justify the relationship before you get to the law?
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Our Guarantee
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Visa?
No
Fee.
If your standard partner Visa application is refused, we refund our professional fees in full.

This isn't a gimmick. We only accept matters we believe in. When we take your case on, we are invested in your outcome.
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The MML GUARANTEE

Visa Refused? Full Professional fee refund.
Covers standard 820 partner visa applications
Covers standard 309 partner visa applications
Covers Prospective Marriage Visa 300 applications
Professional fees refunded in full if visa refused
Government fees paid to department -- non-refundable
Applies to standard applications
This guarantee applies to straightforward partner visa applications without Schedule 3 issues, character concerns, or health complications. Complex matters are assessed individually. Full terms provided at engagement.
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Which Visa

Which Partner Visa Applies to You

Short answer

There is no separate LGBTIQ+ partner visa. Same sex couples apply under the same four pathways as everyone else. Which one applies turns on where you are when you lodge, whether you are married or de facto, and whether your partner is an Australian citizen or permanent resident, or a New Zealand citizen on a Special Category visa.
The Department of Home Affairs sets out the partner visa criteria on its partner visa listings. A same sex marriage performed overseas is recognised under Australian law for migration purposes, provided it was valid where it took place. That has been the position since the Marriage Amendment (Definition and Religious Freedoms) Act commenced in December 2017.

If your marriage is not recognised in your own country, that does not affect its recognition here.If you are not married, you apply as de facto partners. You generally need to show at least 12 months of living together before lodgement, unless your relationship is registered with an Australian state or territory registry, or compelling and compassionate circumstances apply. Registration is often the practical answer for couples who could not live together openly, and it is available to same sex couples in most states and territories.

Your Pathway

In Australia when you lodge, partner is Australian: Partner Visa (820 Onshore)
Outside Australia when you lodge, partner is Australian: Partner Visa (309 Offshore)
Engaged, not married, no 12 months living together: Partner Visa (Fiancé 300)
Partner is a New Zealand citizen on a Special Category visa: Subclass 461 NZ Family Relationship Visa
Cannot safely return to your country: Protection Visa (866)
Not sure which applies: have it assessed before you pay any charge

What Australian Migration Law Does & Does Not Require

A lot of anxiety on these applications comes from assumptions rather than the law. This is what the criteria actually turn on.

What the partner visa criteria require of LGBTIQ+ applicants

 
Required
Not required
Relationship
Genuine and continuing
Recognised in your home country
Marriage
Valid where performed, if married
Performed in Australia
Evidence
Across four regulatory categories
Public or social media disclosure
Application charge
AUD $11,710, the same as any couple
Any additional LGBTIQ+ charge
Sexual orientation or gender identity
Not a criterion at all
To be disclosed to anyone but the Department
Your application is assessed by the Department of Home Affairs, and the information in it is protected by the Privacy Act. It is not shared with your home country.
Not sure which pathway applies, or whether a registered relationship would help your evidence?
MML
Common Situations

What if You Could Not Be Open About Your Relationship

Short answer

This is the central problem on most same sex partner visa applications, and it is a practical one rather than a legal one. The four situations that come up most often are a relationship that had to be kept private, no shared address, documents that do not match your gender, and a partner who cannot safely return home.
Two men holding hands in front of a rainbow flag, LGBTIQ+ partner visa Australia

If the Relationship Had to Be Kept Private

Couples from countries where same sex relationships are criminalised often have no photographs at family events, no joint accounts and no friends who can swear a statutory declaration. The Department can accept an explanation for gaps, but it will not infer one. The application needs to state plainly why the usual evidence does not exist, and substitute what does: private communications, transfers between you, travel records, and statements from the few people who did know.

If You Have Never Lived Together

The 12 month de facto cohabitation requirement is the most common barrier for couples who could not live openly. There are two answers. Register the relationship with an Australian state or territory registry, which removes the 12 month requirement. Or make out compelling and compassionate circumstances, which can include that living together in your country would have exposed you to prosecution or violence.

If Your Documents Do Not Match Your Gender

Trans and gender diverse applicants often hold identity documents in a former name or gender marker, and their home country may refuse to change them. Provide the documents you have, plus evidence of the name or gender change where it exists, and explain the discrepancy up front. Unexplained inconsistencies across documents are read as identity concerns, so address them before a case officer has to ask.

If You Cannot Safely Return Home

If returning to your country would expose you to persecution because of your sexual orientation or gender identity, a protection visa may be available alongside or instead of a partner visa. The two have different criteria and different consequences, and the choice matters. Get advice before lodging either. See Protection Visa (866).
Every one of these situations is solvable, but each needs to be addressed in the application rather than left for a case officer to notice.
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Speak To Our Lawyers

Get Clear Answers on Your Visa Options

Send us the details of your situation. One of our migration lawyers will review it and get back to you with clear advice on what you can do next and what it involves.
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Partner visas, protection visas, refusals and cancellations, ART review, judicial review, complex matters, corporate migration.

I came to this firm for help with my protection visa because I was very confused about the process. They listened to my situation carefully and explained what information and documents would be important. I feel much more comfortable having professional help with everything.

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What the visa allows

What Can You Do on a Partner Visa

Short answer

A partner visa allows you to live in Australia, work without restriction, study, travel in and out of the country, and enrol in Medicare. It leads to permanent residency at the second stage and then to citizenship once residency requirements are met. The rights are identical regardless of sexual orientation or gender identity.
Couple embracing outdoors in a rainbow jumper, LGBTIQ+ partner visa Australia

Live Anywhere in Australia

No location condition applies, and no requirement to disclose your relationship to anyone.

Work Without Restriction

Full work rights, with the same minimum wage and anti-discrimination protections as any other worker in Australia.

Study Without Restriction

Government tuition assistance is not available, and some institutions charge international student fees.

Travel in and Out of Australia

No further permission needed once the partner visa is granted.

Enrol in Medicare

Partner visa holders are generally eligible to enrol in Australia's public health system.

Pathway to Permanent Residency

The permanent stage is assessed around two years after lodgement, then citizenship once residency requirements are met.

Legal Protection You May Not Have Had Before

Australia prohibits discrimination on the grounds of sexual orientation, gender identity and intersex status under the Sex Discrimination Act. For many applicants this is the first jurisdiction they have lived in where the relationship is not only lawful but legally protected.

How Long It Stays Valid

You must tell the Department if your circumstances change, including your address, your relationship status, or the birth of a child. Your application file is protected by the Privacy Act. The Department does not notify your home country that you have applied, and does not disclose the basis of your application to third parties.
Every one of these situations is solvable, but each needs to be addressed in the application rather than left for a case officer to notice.
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Cost

How Much Does a Same Sex Partner Visa Cost

Short answer

Exactly the same as any other partner visa. The base application charge is AUD $11,710 for the primary applicant as at 1 July 2026, covering both the temporary and permanent stages. There is no additional charge, no additional form and no additional test for same sex or gender diverse couples.

Primary applicant

$

11,710

Covers both the temporary and permanent stage. No further Department charge later.

Additional applicant 18+

$

$5,860

Per additional applicant aged 18 or over included in the subclass 820 application.

Additional applicant under 18

$

2,935

Per dependent child included in the application.

Partner visa cost breakdown

Item
Amount
Base charge, primary applicant
AUD $11,710
Additional applicant 18 or over
AUD $5,860
Additional applicant under 18
AUD $2,935
Relationship registration, if needed
$40 to $250 by state
Card payment surcharge
1.4%
Health examinations
$400 to $600 per adult
Police clearances
$50 to $200 per country
NAATI translation
$30 to $80 per page
Professional fees
Quoted in writing
The application charge is paid to the Department of Home Affairs and is not refundable if the application is withdrawn or refused. Clients pay Department charges directly through their own ImmiAccount, so the money never passes through a third party.

The Department applies a 1.4% surcharge to online card payments, which adds approximately $164 to an $11,710 charge.

Department charges are set by the Department of Home Affairs and typically increase on 1 July each year. Use the Department's visa pricing estimator or the current visa pricing table to confirm the exact charge for your circumstances.
Two men laughing together on a beach, same sex de facto partner visa
Get a written quote for professional fees before you commit to anything.
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Every Country

Can You Apply for a Same Sex Partner Visa From Your Country

Short answer

Yes, from anywhere. Australian migration law does not ask where you are from, whether your relationship is recognised in your country, or whether it is lawful there. If you are the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, you can apply.

Most of the LGBTIQ+ couples we act for met while one partner was in Australia on a student, working holiday, graduate or skilled visa. We act for couples from every one of these countries, and from many more.
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Not listed? It makes no difference. Nationality is not a partner visa criterion.
Two women embracing on a beach, same sex partner visa evidence

If Your Relationship Is Not Lawful Where You Come From

According to ILGA World, 65 UN member states criminalise consensual same sex sexual acts as at June 2026, and the total rose in 2025 for the first time in almost a decade. If that is your situation, it changes three practical things about the application rather than your eligibility for it.
The relationship evidence a case officer expects to see often does not exist, so the application has to explain the gaps rather than leave them unaddressed
Police certificates and health examinations may need to be arranged in a country where disclosure carries risk
If returning is unsafe, a protection visa may be available instead of or alongside a partner visa, and the two have different criteria and consequences
The current legal position by country is maintained in the ILGA World database. For the protection pathway, see Protection Visa (866).
Wherever you are applying from, the evidence strategy is what decides the outcome.
MML
Relationship Evidence

What Evidence Do You Need for a Same Sex Partner Visa

Short answer

The same four categories as any other couple. Migration Regulation 1.15A requires the Department to assess the financial aspects, the nature of the household, the social context of the relationship, and the nature of your commitment. Nothing in the regulation treats same sex couples differently. What differs is which of the four is hardest to evidence.

Financial Aspects

Joint accounts, shared liabilities, transfers between you, evidence of pooling income, insurance policies naming each other. Where a joint account was not possible, regular transfers between individual accounts do the same work, and they are often the strongest evidence a couple actually has.

Nature of the Household

A lease or title in both names, mail to both of you at one address, shared bills. Where a couple could not be on a lease together, explain the arrangement and evidence it another way: photographs of the shared home, delivery records, or statements from a landlord or flatmate who knew.

Social Context

Usually the hardest category. Where family did not know and the wider community could not be told, work with who did know: friends, a chosen family, a community or faith group, colleagues. Two Form 888 declarations from people who genuinely knew carry more weight than a dozen from people who did not.

Nature of the Commitment

Often the strongest category for these couples, because private evidence is abundant even where public evidence is not. Communication records across years, evidence of visits, financial support during separation, wills or superannuation nominations, and detailed personal statements from both of you.

Documents Commonly Required

Certified passport and identity documents for both parties
Marriage certificate, valid where performed, or a relationship registration certificate, or evidence of 12 months cohabitation
Form 888 statutory declarations from at least two people who genuinely knew about the relationship
Detailed relationship statements from both the applicant and the sponsor
Financial evidence, including transfers between individual accounts where a joint account was not possible
Communication records covering the length of the relationship, particularly across any separation
Evidence of visits, including boarding passes, stamps and accommodation bookings
A written explanation of any evidence category that is thin, and why
Police certificates for every country lived in for 12 months or more in the last 10 years
Health examination results from a Department-approved panel physician
Sponsor identity, citizenship or residency evidence, and character disclosures
Person holding up a large rainbow flag, LGBTIQ+ partner visa evidence
Have your evidence assessed against all four categories, and get a plan for the ones that are thin.
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Refusals

Why Are Same Sex Partner Visa Applications Refused

Short answer

Not because the couple is same sex. Refusals turn on thin evidence in one of the four mandatory categories, most often social context, or on gaps that were left unexplained. A case officer who sees an evidence gap with no explanation has to weigh it against the applicant. The same gap with a clear explanation is usually survivable.
Two women holding small pride flags together, common partner visa refusal grounds

Common Refusal Grounds

Thin evidence of social context, with no explanation of why the relationship was not publicly known
De facto cohabitation under 12 months with no registered relationship and no compelling circumstances made out
Form 888 declarations from people who did not actually know about the relationship
Identity inconsistencies across documents in a former name or gender marker, left unexplained
Evidence gaps presented without any explanation, so the case officer has to draw their own conclusion
Sponsorship refused on character grounds, or the lifetime sponsorship limit already reached
Health requirement not met by the applicant or a dependent family member
A protection claim raised late, after a partner visa refusal, rather than assessed at the outset
A request for further information answered late or answered incompletely

If Your Partner Visa Has Been Refused

Review rights generally apply to the Administrative Review Tribunal, and strict time limits apply from the date you are taken to have received the decision. Those time limits cannot be extended. If you have received a refusal, act on it immediately rather than waiting.
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Speak To Our Lawyers

Get Clear Answers Before You Lodge

Send us the details of your situation. One of our migration lawyers will review your relationship evidence and tell you what is missing, what can substitute for it, and what happens next.

The application charge is not refunded if the application is refused, so it is worth getting the assessment right before you pay it.

I came to this firm for help with my protection visa because I was very confused about the process. They listened to my situation carefully and explained what information and documents would be important. I feel much more comfortable having professional help with everything.

MML

Mariam K

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
MML
The Process

How to Apply for a Same Sex Partner Visa

Short answer

The process is identical to any partner visa. You and your sponsor complete separate linked applications in ImmiAccount, upload identity and relationship evidence, pay the application charge and complete health examinations. What changes for LGBTIQ+ applicants is the order of the first three steps, because the evidence work has to come first.
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01

Confirm Which Pathway Applies

Onshore, offshore, fiance or the New Zealand family pathway. This turns on where you are and who your partner is, not on anything else.

02

Audit Your Evidence Against All Four Categories

Do this before anything else. Identify which of the four categories is thin and decide what will substitute for the missing evidence.

03

Deal With the 12 Month Requirement

If you have not lived together for 12 months, register the relationship with a state or territory registry, or prepare the compelling circumstances argument.

04

 Identify Who Can Make a Form 888

Two people who genuinely knew about the relationship. Quality matters far more than number.

05

Write the Explanation for Any Gaps

A short, factual account of why the usual evidence does not exist. Do not leave a case officer to guess.

06

Obtain Police Certificates and Health Checks

Consider where and how these are arranged if disclosure in your country carries risk.

07

Lodge Through ImmiAccount and Link Your Sponsor

Upload everything before paying the charge, then give your Transaction Reference Number to your sponsor.

08

Keep Adding Evidence While It Is Pending

Fresh evidence from the period after lodgement carries real weight, particularly at the permanent stage.

There is no physical visa label. Once granted, the visa is recorded digitally against your passport and confirmed by a grant notice.
Have your evidence reviewed before you pay the charge and lodge.
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Privacy

Who Will Know About Your Application

Short answer

Your application is assessed by the Department of Home Affairs and the information in it is protected by the Privacy Act. The Department does not notify your home country that you have applied, and does not disclose the basis of your application to your family, your employer or anyone else.

The people who will see the material are the case officer, your own lawyer, and anyone you choose to ask for a Form 888 declaration. Form 888 witnesses see only what is in their own declaration, not your file. You choose who to ask.

Two practical points come up often. Police certificates are requested from the relevant authority in each country, and the request does not state why. Health examinations are conducted by a panel physician and cover the standard health criteria, not sexual orientation or gender identity.

Everything you tell a lawyer at My Migration Lawyers is subject to legal professional privilege. If there is anything you are weighing up whether to disclose, raise it with us rather than deciding alone, because the consequences of a late disclosure are usually worse than an early one.
Male couple lying on a rainbow flag, privacy on an LGBTIQ+ partner visa application
Concerned about privacy, or about what has to be disclosed and to whom? Ask before you lodge.
Hands holding a rainbow flag against the sky, same sex partner visa Australia
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After the Grant

What Happens at the Permanent Stage

Short answer

The first partner visa is temporary. Around two years after your original lodgement date, the Department assesses the permanent stage and you must show the relationship is still genuine and continuing. The permanent stage is not automatic and requires updated evidence from the period after the first grant.

For couples who arrived with thin evidence, the permanent stage is an opportunity rather than a threat. Once you are living in Australia, the evidence that was impossible at home becomes straightforward: a joint lease, a joint account, photographs at events, friends who can attest to the relationship. Start collecting it from the day of the first grant rather than reconstructing two years of it at the end.
The permanent stage is where thin early evidence gets repaired. Plan for it from the first grant.
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Questions

Same Sex Partner Visa Frequently Asked Questions

Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.

Is There a Separate LGBTIQ+ Partner Visa in Australia

No. Same sex and gender diverse couples apply under exactly the same partner visa provisions as everyone else, on the same criteria and the same charges. There is no separate visa, no additional form and no additional test.

Is My Overseas Same Sex Marriage Recognised in Australia

Yes, provided it was valid where it was performed. Australia has recognised overseas same sex marriages for migration purposes since December 2017. Whether your marriage is recognised in your own country does not affect its recognition here.

We Never Lived Together Because It Was Not Safe. Can We Still Apply

Yes. Register the relationship with an Australian state or territory registry, which removes the 12 month cohabitation requirement, or make out compelling and compassionate circumstances. The risk of prosecution or violence for living openly can form part of that argument.

Will the Department Tell My Family or My Home Country

No. Your application is protected by the Privacy Act. The Department does not notify your home country that you have applied and does not disclose the basis of your application to family, employers or anyone else.

What if We Have No Photos and No One Knew About Us

This is common and it is survivable. The application substitutes private evidence for public evidence: communication records, transfers between accounts, travel records, and declarations from the few people who did know. What matters most is explaining the gap rather than leaving it unexplained.

How Many Countries Still Criminalise Same Sex Relationships

According to ILGA World, 65 UN member states criminalise consensual same sex sexual acts as at June 2026. The death penalty is the legally prescribed penalty in seven, with no full legal certainty in five more. The total rose in 2025 for the first time in almost a decade.

Should I Apply for a Partner Visa or a Protection Visa

They have different criteria and different consequences, and in some cases both are available. Which is appropriate depends on your circumstances and the risk of return. Get advice before lodging either, because raising a protection claim after a partner visa refusal is a much weaker position.

My Documents Are in a Former Name or Gender. Is That a Problem

Not if it is addressed. Provide the documents you have, plus any evidence of the name or gender change, and explain the discrepancy in the application. Unexplained inconsistencies across documents are read as identity concerns, so deal with them before a case officer asks.

Who Can Make a Form 888 Declaration for Us

Anyone aged 18 or over who has personal knowledge of the relationship. They do not need to be family. Friends, a chosen family, community or faith group members and colleagues all qualify. Two declarations from people who genuinely knew are worth more than a dozen from people who did not.

Can We Include Our Children in the Application

Yes. Dependent children of either partner can be included as secondary applicants, which attracts an additional charge per child. Each child must meet health and character requirements. Legal parentage documents may need explaining where the arrangement is not recognised in your country of origin.

MML
About the Reviewer

Who Reviewed This Page

Weiwei Zhang, Principal Lawyer at My Migration Lawyers

Weiwei Zhang

Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
30 July 2026
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