I’m in a same sex relationship with an Australian, can I get a Partner Visa?

If you’re in a relationship with an Australian and you are considering your future as a couple, one of the things you will be thinking about is where you might want to live together. If Australia is part of this dream, then this series of blog posts is for you.

Can I apply for a Partner Visa if I am in a same sex couple? 

Historically it wasn’t so straight forward for same sex couples to apply for a Partner Visa in Australia. Thankfully, following the amendment to the Marriage Act 1961 in December 2017, which now defines marriage as a union of two people to the exclusion of all others, voluntarily entered into for life, amendments were also made to the legislation that governs migration.  

These days the Migration Act 1958 now declares that a person can be the de facto partner or spouse of another person whether of the same sex or a different sex.  

This means that same sex couples can apply for a Partner Visa, or be included as a secondary applicant as a de facto or spouse on other eligible visas.  

Of course, you will need to satisfy the Department of Home Affairs that you: 

  • have a mutual commitment to a shared life together to the exclusion of all others; 
  • that the relationship is genuine and continuing; and  
  • you live together or not separately and apart of a permanent basis. 

You can read more about qualifying for a Partner Visa as a de facto partner in our previous post: I’m in a relationship with an Australian but we aren’t married, can I get a Partner Visa? 

You also need to satisfy the Four Pillars of Relationship Evidence as part of the application for a Partner Visa. These Four Pillars are: 

  1. Financial aspects of the relationship 
  2. The nature of the household 
  3. Social aspects of the relationship 
  4. The nature of the commitment 

Stay tuned for our upcoming post on the Four Pillars of Relationship Evidence for more information about how to prove your relationship is genuine and continuing.  

If you want to discuss your eligibility for a Partner Visa, speak with the immigration experts at KU Legal:

+61 (0) 429 133 911

jb@kulegal.com.au

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