Australian Same Sex Partner Visa

australian-same-sex-partner-visa

Australian Same Sex Partner Visa

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australian-same-sex-partner-visaAustralian same sex partner Visa

A majority of Australians said “YES!” to same-sex marriage an Australian Bureau of Statistics’ poll published in November 2017. By December of the same year, the bill of same-sex marriage was passed in the Parliament, making Australia the 26th country that legalized same-sex marriage.

Consequently, the change needs to be reflected in immigration laws, especially one related to Partner Visa. Same-sex couples now no longer need a separate Visa type (as it was prior to 2009), but they are entitled to apply for a partner Visa, just as their heterosexual counterparts do.

The following is a quick look about Australia same-sex partner Visa:

The Department of Home Affairs released the following updates in January 2018:

“From 9 December 2017, you can apply for a Visa as your partner’s ‘spouse’ if you are in a same-sex marriage following the legalisation of same-sex marriage in Australia.

Under the changes, if you are in a same-sex marriage you can apply for a Visa as your partner’s ‘spouse’, rather than as their ‘de facto partner’.

The changes will apply to Partner Visas (subclasses 100, 309, 801 and 820) and to all other Visas where you can include your spouse in your application.

You can also apply for a Prospective Marriage Visa (subclass 300) if you are in a same-sex relationship and genuinely intend to marry your prospective spouse in Australia.”

Same Sex Partner Visa Process

Applying for a Same Sex Partner Visa is a 2-stage process in which you need to apply for both a temporary and permanent Visa in one application at the same time.

Here are a few of the Frequently Asked Questions about the Partner Visa

What if my same-sex partner is onshore when the I lodge the Visa application?

You need to apply for the 820 and 801 partner Visas combination.

What if my partner is off-shore when I lodge the application?

Then you need the 309 and 100 partner Visas combination.

To be granted the first kind of Visas (the temporary ones, either 820 or 309) you need to meet the following criteria.

For de facto partners:

  • be sponsored by an eligible person (usually by your partner);
  • not be related by family;
  • together with your de facto partner, be aged at least 18 years at the time your application is made;
  • show that you and your partner have a mutual commitment to a shared life to the exclusion of all others;
  • show that you have a genuine and continuing relationship with your partner;
  • show that you and your partner have been in a de facto relationship for the entire 12 months immediately prior to lodging your application;
  • show that you and your partner are living together or, if not, that any separation is only temporary;
  • and meet health and character requirements

For spouses/de jure partners:

  • be sponsored by an eligible person
  • be legally married to your partner (usually your sponsor);
  • show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
  • show that you have a genuine and continuing relationship with your partner;
  • show that you and your partner are living together or, if not, that any separation is only temporary;
  • and meet health and character requirements

Pathway From Partner Visa to Permanent Residency

If you meet all the initial criteria, the Department will grant either of the temporary partner Visas. This Visa remains valid until a decision is made on your permanent Visa application (either 801 or 100 Visa), which takes generally 24 months after your initial application. If you continue to meet all requirements (and you and your partner are still together), you will be granted a permanent Visa.[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_widget_sidebar sidebar_id=”sidebar_3″][/vc_column][/vc_row]

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