LGBTIQ+ Same-Sex Partner Visa

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LGBTIQ+ Same-Sex Partner Visa

Supporting All Genuine Relationships

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    Partner Visas for LGBTIQ+ Couples in Australia

    Australia’s immigration system recognises the rights of all individuals—regardless of gender identity or sexual orientation—to build a life with the person they love. If you are in a same-sex or gender-diverse relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, you may be eligible to apply for a partner visa.

    At AustraliaMigrate, we proudly assist LGBTIQ+ couples through every step of the visa journey, ensuring that your relationship is fairly and respectfully assessed according to Australian law.

    What is a Same-Sex Partner Visa?

    A same-sex partner visa allows individuals in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live together in Australia. It applies to both married and de facto same-sex couples, providing a pathway for partners to build their lives in Australia. This visa category is part of Australia’s inclusive migration system, ensuring that same-sex couples have equal access to immigration opportunities.

    Protection for LGBTIQ+ Individuals

    In many parts of the world, LGBTIQ+ individuals continue to face legal and social barriers simply for being themselves. In some countries, same-sex relationships are not only unrecognised but criminalised—placing individuals at risk of discrimination, violence, or even imprisonment. Australia’s partner visa program offers a vital pathway for couples from these environments to live safely and freely. For those in genuine relationships with an Australian partner, this visa provides an opportunity to reunite and start a life together in a country that recognises and protects their relationship under the law.

    Eligibility Requirements

    To be eligible for a partner visa, you must:

    • Be in a genuine and continuing relationship with your sponsor
    • Be either legally married, in a de facto relationship, or have registered your relationship
    • Meet health and character requirements
    • Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen

    Relationship Registration Can Waive the 12-Month Rule

    If you are not yet able to demonstrate 12 months of living together, you can still apply as a de facto couple if your relationship is registered in a state or territory that allows it. Registration is available in NSW, VIC, QLD, SA, TAS, and ACT and can be used to meet the de facto visa requirement.

    LGBTIQ+ Couples From Countries with Restrictions

    If you are from a country where same-sex relationships are not legally recognised or openly accepted, we understand the additional challenges this may create. We work closely with clients in this situation to carefully prepare evidence demonstrating the genuineness of your relationship while respecting privacy and cultural sensitivities.

    What This Visa Allows

    • Live in Australia with your partner
    • Work and study without restrictions
    • Access Medicare (after Subclass 820 or 309 is granted)
    • Apply for permanent residency after two years

    In some cases, such as long-term relationships or those with children, permanent residency may be granted at the same time as the temporary visa.

    The Two-Stage Visa Process

    The partner visa process includes:

    1. Temporary Partner Visa (Subclass 820/309) – Allows you to live in Australia while your relationship is further assessed.
    2. Permanent Partner Visa (Subclass 801/100) – Granted approximately two years after the initial application, provided the relationship is ongoing.

    Why Choose AustraliaMigrate?

    Our experienced migration team is committed to helping all couples navigate the partner visa process with clarity and confidence. We offer:

    • Personalised advice tailored to your situation
    • Support with relationship registration
    • Guidance on preparing strong supporting documents
    • Compassionate, confidential service every step of the way

    What type of visa are you looking for?

    We are a team of immigration specialists guiding individuals, families and corporates who aspire to migrate to Australia. Our migration consultancy has a successful track record in visa approval, with a fair fee structure.

    Subclass 186 Frequently Asked Questions

    I want to apply for permanent residence based on Employer Nominated Sponsorship, Subclass 186 –what are the overall pathways?

    There are two application pathways for this category:

    Pathway One – 186 Temporary Residence Transition:

    Once 482 visa holders have been employed for two years out of the last 3 years on a 482 visa, which could have been with the same employer/sponsor or a combination of previous sponsor and current sponsor, they can apply for 186 Temporary Residence Transition. They must be sponsored on a 482 visa by their current employer who will nominate them in their Employer Nominated Sponsorship application, subclass 186 application.

    The visa holder can hold any occupation, both from the previous Consolidated Skilled Occupation List (CSOL) and the current Core Skilled Occupation List (CSOL) so long as they hold a 482 visa.

    The application must be lodged before turning 45 years old, unless they meet specified exemptions. One of these is that their salary (net of superannuation) has met the high-income threshold in two of the last three years as applicable in the year they hold that visa. The current high-income threshold for 2024 is set at $175,000.

    Pathway Two – Direct Entry:

    The nominated occupation must be on the Core Skilled Occupation List (CSOL). The 186-visa applicant must complete a Skills Assessment from the assessing authority of that occupation and demonstrate that they have had at least three years of post-qualification work experience in that occupation. Applicants need to be under 45 years old at the time of application. There are no exemptions for age under 186 Direct Entry.

    In both Pathway One and Two, the employer has to present a range of documents to meet the requirements of the nomination. These include financial documents, position description, employment contract, organization chart, a statement about why the position is genuine, evidence that the salary is market related etc.

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