To apply for a same sex partner visa as the Spouse of an Australian citizen, permanent resident or eligible New Zealand citizen, you must be lawfully married to each other. If you were married in another country, your marriage must be lawfully recognised under Australian law.

To show you are in a genuine relationship as a same sex spouse, you must show enough evidence to prove each of the following:

• - You are legally married


• - When, where and how you first met each other


• - That you are mutually and exclusively committed to each other


• - That you live together as a couple, or if you are separated, why?


• - Have you told your family and friends about your relationship and can they attest to your relationship?


• - What arrangements do you have to share your household, financial or other family commitments together?


• - What legal obligations or commitments have you made to each other?

When it comes to applying for same sex partner visa, many couples will declare that they are in a De Facto Relationship.

For immigration purposes, there are very strict conditions that must be met before the Immigration Department will consider that a relationship is a genuine De Facto one, not just a couple who are dating each other.

To be in a De Facto Relationship, you must show enough evidence to prove each of the following points:

• - You are not married and not related by family


• - When, where and how you first met each other


• - That you live together as a couple, or if you are separated, why?


• - That you are mutually and exclusively committed to each other
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• - Have you told your family and friends about your relationship and can they attest to your relationship?


• - What legal obligations or commitments have you made to each other?


• - What arrangements do you have to share your household, financial or other family commitments together?


• - You must have been in your De Facto relationship together for at least 1 year, or your relationship must be lawfully registered in Australia before you can apply!

1. Subclass 820 Partner Visa - Onshore & Subclass 801 Permanent Visa

Same sex couples apply for this visa in Australia.

This is the most popular partner visa because it allows the couple to stay in Australia together until the visa has been finalised by the Immigration Department.

Both applications for the temporary 820 visa and the permanent 801 visa are made at the same time.

In two years after making the application, as long as the temporary visa has been approved, the Immigration Department can finalise the permanent partner visa process.

2. Subclass 300 Prospective Marriage Visa - Offshore

A Prospective Marriage Visa (sometimes referred to as a ‘fiancé visa’) must be applied for outside Australia.

This Partner Visa can be applied for when the person applying for the visa intends to enter Australia to marry their same sex sponsor.

The Subclass 300 visa is only valid for only 9 months but does allow full work and study rights in Australia.

After arriving in Australia the couple must be married within the 9 month visa period. Once married, they can apply for a Subclass 820 Partner Visa.

3. Subclass 309 Partner Visa - Offshore & Subclass 100 Permanent Visa

Same sex couples apply for this visa outside Australia.

This visa is usually a suitable choice when the visa applicant is unable to be in Australia. This could be because of previous visa refusals, health, character or reasons affecting the visa applicants ability to travel.

Both applications for the temporary 309 visa and the permanent 100 visa are made at the same time.

Once the 309 visa is granted, the couple can live in Australia until the permanent 100 visa is granted or refused.

Yes, anyone who applies for an Australian Partner Visa will be required to pass health requirements to be granted a visa.

The health assessment includes a Medical examination by a Doctor who is approved by the Immigration Department and chest x-ray for all applicants who are 11 years of age or older. Children under 11 do not need a chest x-ray.

Call us urgently on 03 9419 6066 so that we can help you to resolve your immigration status.