Same-Sex Temporary and Permanent Residency Visas (subclass 309/100/820/801)

 

Same-sex partners of an eligible Australian or New Zealand citizen or Australian permanent resident can be granted a temporary visa for a period of approximately two years. A permanent visa will then be granted if the relationship exists and the applicant is remains eligible.

 

Allows a same-sex partner of an Australian citizen or permanent resident to enter and/or remain in Australia for a period of up to two years, followed by the possibility to be granted permanent residency.

  PLEASE NOTE: effective 1 July 2009 the spouse and interdependent visa categories have been merged and are now referred to as the "Partner Visa" category.

There are a number of requirements that must be met, including: 

 

  • Must have lived together for a period of at least the immediate past 12 months, with an Australian citizen or Australian permanent resident or eligible New Zealand citizen; OR
  • Your de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation; and
  • You must be at least 18 years of age and meet certain sponsorship criteria;
  • You must meet health and character requirements;
  • Dependent family members can be included if they are eligible, and must also meet health and character requirements;
  • Your relationship must be genuine and continuing;
  • You must both have a mutual committment to a shared life to the exclusion of all others.

NOTE: Same-sex marriages and civil partnerships are not legally recognised under the Australian migration program, therefore same-sex couples will need to show they have been living together for at least the past 12 months before they can apply OR meet bullet point two above.

 

Please contact us for further information.