Free 15 Minute Consultation for Same-Sex Partner Visas
Opening Australia are Lesbian, Gay, Bisexual, Trans, Intersex, Queer/Questioning (LGBTIQ+) friendly immigration lawyers who you can trust. We value creating an environment where our same-sex clients feel safe. We are delighted to assist our same-sex clients in obtaining partner visas. We offer a free 15 minute consultation with an immigration lawyer to assess your visa prospects.
Same-Sex Partner Visas
Australian immigration law states that de-facto or married same-sex couples may apply for a partner visa.
If you are an Australian citizen or permanent resident. You may be able to sponsor your partner for a temporary or permanent same-sex partner visa. Your non-citizen partner may be your spouse or a de-facto partner.
The definition for “de-facto” is detailed and prescribed in migration regulations. We would be able to assess your circumstances to determine if you are eligible to sponsor your partner as a de-facto couple.
Partner visa applications are elaborate and complex. Below is a brief outline of the partner visa application process and what is required, however your specific situation ultimately dictates your eligibility.
The main partner visas are:
- Prospective Marriage visa (subclass 300)
- Offshore Partner (subclasses 309 and 100)
- Partner visa (subclasses 820 and 801)
Each visa has different requirements and is advised based on your personal circumstances. For example, to apply for the Prospective Marriage 300 visa, partners will have to provide evidence that they intend to marry.
To lodge a partner visa, two applications are required; a visa application and a sponsorship application. The sponsorship application is lodged by the Australian citizen or permanent resident and the visa application is lodged by the visa applicant. They each require evidence and extensive information.
Both applications are complex.
Preparing evidence alone can take up to 2-3 months for a partner visa. All evidence submitted must comply with strict requirements and be sufficient enough for a strong application.
The '4 pillars'
Partner visas are assessed on whether they satisfy the four pillars:
- The social aspects of the relationship.
- The joint financial aspects of the relationship.
- The nature of the household.
- The nature of commitment & development of the relationship.
Your same-sex partner visa application will be assessed taking into consideration the '4 pillars'.
What can go wrong?
Many couples that apply for a partner visa are unaware of the comprehensive, detailed evidence that is required to support your application. Unfortunately, the Department of Home Affairs do not include the policy that applications are assessed against on their public website. We have access to the policy as well as extensive experience in collating evidence and reflecting your genuine and continuing relationship in the application.
Preparing for the application may also be incredibly stressful due to the stringent requirements and the need for all submitted documents to be clear and accurate. The consequences of a refusal can be devastating. We can help alleviate this stress and guide you through the application process.
Bob and Terry have been in a relationship for 1 year and decide to get married. They have a wedding ceremony that family and friends attend. Bob is an Australian citizen and Terry is from the UK. The couple decide that it is time to apply for a partner visa. Bob believes that their partner visa applications will be straight forward as they have a marriage certificate, photos from the wedding and statements from their family and friends. The couple would also like to save money if they can as the partner visa application itself is not cheap and if they can do the visa application themselves without legal fees, then great.
To their surprise, the couple receive a notification of partner visa application refusal because the Department of Home Affairs do not believe that the couple meet the 4 pillars.
Bob contacts us to review their matter and represent them at the Tribunal. We inform the couple that had the couple engaged our services to prepare and lodge the partner visa application the couple would likely be holding a visa by now instead of the refusal.
We assist the couple to obtain the visa at the Tribunal hearing which is 2 years after the refusal.
Bob and Terry end up paying twice the professional legal fees for the representation at the Tribunal hearing as they would have paid for assistance for the partner visa application. Apart from the extra financial cost, the couple endure 2 years of additional stress waiting for the Tribunal hearing.
* (Names and facts have been changed to protect the identity of clients)
Lucy and Sue are both Chinese citizens. Lucy is also an Australian permanent resident. Sue is in Australia on a temporary student visa. Lucy and Sue have been in a relationship for 4 years and have been living together for 3 years. The couple have plenty of evidence of living together but are concerned that they may be seen by the Department of Home Affairs as friends and not as partners. Their family members back in China know that the two girls live together, however the girls have not told their family that they are in a relationship because they believe that their family will feel ashamed. The couple are also not open about their relationship on social media. The couple do some research about partner visas and do not believe that they have a lot of evidence to meet all of the 4 pillars, especially the social pillar. The couple engage us to prepare and lodge a partner visa application for them. Over the next 5 months, we work with Lucy and Sue to help them build and submit the strongest visa application that they can. The visa application is lodged and granted.
* (Names and facts have been changed to protect the identity of clients)
Why use Opening Australia?
If you are a member of the LGBTQI+ community and are contemplating a same-sex partner visa, contact our friendly team today for more information and assistance. We offer a free 15 minute consultation with an immigration lawyer who is also a registered migration agent.
Clients engage our services to assist them with their same-sex partner visa because we understand the importance of having your partner becoming a permanent resident and ultimately a citizen. Our goal is to get your same-sex partner visa right the first time, which in the end will save you:
- Time; and
- A lot of worry.
If you are contemplating a same-sex partner visa application, contact us for your free assessment to let us help you. We are proud to be part of the LGBTIQ Community and would be honoured to assist you.
Contact us on (02) 9098 6999 or send an enquiry for a 100% confidential discussion of your needs.
"Professional help and support! Adam took time for us to complete the application. I was happy that he was recommended to us. Thank you very much Adam!"
"Adam has been so helpful in helping with my visa application! Without his expertise and guidance I would not be able to stay in Australia with my partner. Thank you Adam! I highly recommend Opening Australia."
"The team at Opening Australia were excellent throughout. They explained precisely what was required from me at the very start, ensuring my application had the highest chance of acceptance by guiding me through each stage, from reference requirements, to medical and insurance requirements. Their attention to detail was superb and I felt like they really cared about the acceptance of the Visa. I'm delighted to have had my application approved within 2 weeks, which is a testament to the professionalism of the team at Opening Australia"