Success Story Of Same-sex Relationships Partner Visa
There is great news we cannot wait to share!
No Borders Migrations launched a “decision-ready” application for our clients who are in a same-sex relationship, and their Partner Visa is granted within 5 months!
We offer a huge congratulations to our amazing clients and wish them all the best in Australia.
Same-sex marriage is legally recognised in Australia since 9 December 2017. Legislation to allow same-sex marriage, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, was passed in the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day. Australia has systems which makes it possible for same-sex couples to apply for a partner visa based on marital status.
To show a married relationship, the applicant must show that:
- The marriage is valid (i.e., marriage is recognised by law), and
- The applicant and the sponsor have a mutual commitment to a shared life as a married couple to the exclusion of all others, and
- The relationship is genuine and continuing, and
- The applicant and sponsor must live together or do not live separately and apart on a permanent basis.
Same-sex Partner visas can be applied for based on either one of the following three types of relationship:
- Marriage; or
- De facto; or
- With a tangible future plan to get married
Which partner visa can I apply for?
The Main Partner Visas are:
- Prospective Marriage visa (subclass 300)
- Offshore Partner (subclasses 309 and 100)
- Partner visa (subclasses 820 and 801)
Subclass 300 Prospective Marriage Visa
If you are:
- Applying for a visa outside Australia, and
- Intend to travel to Australia and marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen after you are granted a visa, or
- A Prospective Marriage Visa can be applied for when the person applying for the visa intends to enter Australia to marry their same sex sponsor.
Features
This visa allows people to come to Australia to marry their fiancé.
If you are granted this visa, you should marry your fiancé and apply for a Partner (subclasses 820 and 801) visa before your Prospective Marriage visa (subclass 300) expires.
Eligibility
You must:
- intend to marry; and
- have met and know your prospective spouse; and
- meet health and character requirements; and
- be at least 18 years of age.
Subclass 309 Partner Visa & Subclass 100 Partner Visa
If you are:
- Applying for a visa outside Australia; and
- A spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen; and
- Intend to marry before a decision is made on your Partner visa application.
Features
- The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia.
- The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.
Eligibility
You must be married or in a de facto relationship with:
- an Australian citizen; or
- an Australian permanent resident; or
- an eligible New Zealand citizen.
Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.
You must have been in a de facto relationship for at least 12 months.
Subclass 820 Partner Visa & Subclass 801 Permanent Visa
If you are:
- Applying for a visa in Australia, and
- A spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
Features of 820/801 partner visa – Temporary to permanent residency in Australia:
- The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
- The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia, after 24 months you may be eligible for a permanent Partner visa (subclass 801).
Eligibility
You must be married or in a de facto relationship with:
- an Australian citizen; or
- an Australian permanent resident; or
- an eligible New Zealand citizen.
What if I am married overseas?
Since the amendment was made to the Marriage Act 1961, the government now also recognises overseas marriages. Therefore, if you are legally married overseas, and you have a marriage certificate, that marriage certificate should be recognised by the Department for visa purposes.
Tips
Whilst getting married to your partner is a strong indication that the relationship is genuine and continuing, you are still required to provide further documents substantiate your partner visa application. Therefore, it is best not to assume that you are guaranteed a visa based on marital status. Alternatively, it would be in your best interest to prepare supporting documents to show that the relationship is genuine and continuing. Some documents include:
- Joint lease or joint mortgages
- Joint loan documents
- Joint household bills
- Photos of social event and/or joint gathering
- Tickets for joint travel
- Messages and chat history
- Terms of the wills
- Mails or emails addressed to both of you
As you can see, there is a variety of documents to prepare. Therefore, we recommend that you start your preparation early. You can also book a consultation with us to help you navigate through the complexity of a partner visa.
Are your looking for visa options?
NO BORDERS: #1 TRUSTED MIGRATION AGENTS
Email: [email protected]
Tel: +61 (07) 3876 4000
We will help you with exploring visa options and securing your application. No Borders Migration is experienced in the migration and Australian visa application, and our migration agents and lawyers have extensive knowledge in the legal requirements, eligibility criteria, and the supporting documents required. Simply dial 07 3876 4000 or email: [email protected] and let us help you start with your way towards obtaining an Australian visa.
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