The My Migration Lawyers Difference
Affordable fees
Competitive professional fees make experienced legal representation more accessible.
Instalment payment options
Pay professional fees in manageable instalments throughout your matter.
Experienced lawyers
Experienced representation for visa applications, refusals, cancellations and judicial reviews.
Complex matter capability
Experienced representation when complications, refusals, cancellations or judicial reviews arise.
Two-day
cooling-off period
You receive a two-business-day cooling-off period after signing the costs agreement.
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.


Advice That Starts by Taking Your Relationship Seriously
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
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
De Facto Partner
Registered Relationship
Member of the Family Unit
Sponsor
Protection Visa
This isn't a gimmick. We only accept matters we believe in. When we take your case on, we are invested in your outcome.
The MML GUARANTEE
Which Partner Visa Applies to You
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.
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
What Australian Migration Law Does & Does Not Require
What the partner visa criteria require of LGBTIQ+ applicants
What if You Could Not Be Open About Your Relationship
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.

If the Relationship Had to Be Kept Private
If You Have Never Lived Together
If Your Documents Do Not Match Your Gender
If You Cannot Safely Return Home
Get Clear Answers on Your Visa Options
What Can You Do on a Partner Visa
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.

Live Anywhere in Australia
Work Without Restriction
Study Without Restriction
Travel in and Out of Australia
Enrol in Medicare
Pathway to Permanent Residency
Legal Protection You May Not Have Had Before
How Long It Stays Valid
How Much Does a Same Sex Partner Visa Cost
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
Additional applicant 18+
$5,860
Additional applicant under 18
2,935
Partner visa cost breakdown
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.

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








































If Your Relationship Is Not Lawful Where You Come From
What Evidence Do You Need for a Same Sex Partner Visa
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
Nature of the Household
Social Context
Nature of the Commitment
Documents Commonly Required

Why Are Same Sex Partner Visa Applications Refused
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.

Common Refusal Grounds
If Your Partner Visa Has Been Refused
Get Clear Answers Before You Lodge
How to Apply for a Same Sex Partner Visa
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.
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.
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.
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.
Identify Who Can Make a Form 888
Two people who genuinely knew about the relationship. Quality matters far more than number.
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.
Obtain Police Certificates and Health Checks
Consider where and how these are arranged if disclosure in your country carries risk.
Lodge Through ImmiAccount and Link Your Sponsor
Upload everything before paying the charge, then give your Transaction Reference Number to your sponsor.
Keep Adding Evidence While It Is Pending
Fresh evidence from the period after lodgement carries real weight, particularly at the permanent stage.
Who Will Know About Your Application
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.


What Happens at the Permanent Stage
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.
Same Sex Partner Visa Frequently Asked Questions
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.
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