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Same Sex Couples may be eligible for a partner visa or a marriage visas in order that they may reside together in Australia. To understand the basic visa eligibility your defacto partner or spouse should be an Australian Citizen, hold Permanent Residency rights or be an eligible New Zealand Citizen.
If you and your sponsoring partner are in Australia and you meet the criteria then subclass 820/801 may be suitable in your circumstances. For this subclass of visa, a bridging visa will be issued which will permit the applicant remain in Australia. Additionally, work rights and access to Medicare are benefits to be considered.
You may however be residing together overseas, if so an offshore partner visa, subclass 309/100 may be more appropriate. Upon arrival in Australia work rights and Medicare are usually available to the applicant.
When you are in a relationship there are three main visa types that you may wish to consider. Choose the correct visa that matches your circumstances:
LGBT Visa Options
820/801 Onshore Partner Visa
309/100 Offshore Partner Visa
300 Offshore Prospective Marriage Visa
Finally, when the applicant is overseas the Prospective Marriage Visa may be appropriate when you and your LGBT partner are not yet married and have marriage plans. Upon arrival in Australia work rights and Medicare are usually available to the applicant. Also remember the couple should marry within 9 months of arrival into Australia; this is a condition of the visa grant.
In all cases you will have long-term plans to reside together in Australia. You may wish to get married, purchase a house or raise a family. Later down the track when you are eligible Australian citizenship will be a possibility.
Ensure you choose the correct visa that best suits your needs and circumstances; making an incorrect choice may limit your options further down the track. We can assist you with the criteria to determine which visa suits you best.
LGBT Immigration Australia
Migration law regulates who has a right to enter and remain in Australia. It is Commonwealth & Federal law, therefore Migration Regulations are the same across Australia.
Migration Law does not discriminate against the LGBT community or other minorities, everyone has the right to apply for a visa to Australia.
Although the law in this area changes quite frequently, as a Registered Migration Agents (RMA) we are required to update our knowledge in order to renew our operating licence.
If you are considering a visa application do seek the advice of a professional & registered immigration agent.
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The Australian Federal Marriage equality decision means that same-sex marriages are treated the same as heterosexual marriages for immigration purposes.
Gay and lesbian couples may therefore apply for a partner or marriage visa with no worry of rejection. Same-sex couples are offered similar courtesy and respect as applications from heterosexual couples.
However, there are a few areas that are more likely to cause hiccups for same-sex couples than for heterosexual couples.
Overall there are no special requirements for same-sex couples - you need the same documents as heterosexual couples to evidence a genuine relationship. However, there are a few potential challenges that are more common amongst partner visa applications from same-sex couples.
For instance if because of cultural or traditional reasons your relationship is 'not declared' or perhaps your partners family just does not accept your gay relationship; then this may be a challenge.
LGBT VISA AUSTRALIA
At LGBT Visa we work with couples from diverse backgrounds, including gay couples, same-sex married couples and transgender relationships. As part of what you get with LGBT Visa, we will answer any questions you have in regard to your visa application.
We assess your visa eligibility and help you decide the most appropriate pathway for you to reside in Australia as a couple.
Like many of our other many success stories, the process starts with a no obligation initial chat.
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