What same-sex couples need to know about Partner Visas

by mapadmin : December 18th, 2017 Same Sex Partner Visas

Options for same-sex couples applying for Partner Visas have improved after Australian legislation was changed to allow same-sex marriage.

Australia has legalised same-sex marriage after 61.6% of Australians voted in favour of marriage equality.

From 9 December 2017 same sex couples are able to marry in Australia, with the first weddings expected to take place on 9 January 2018.

The legalisation of same-sex marriage also means that the vows of couples who have married legally overseas are also now recognised in Australia.

How will the change affect my visa options?

The change in law opens up more options for visa applicants applying for a visa on the basis of a same-sex relationship.

Previously, same-sex couples were required to meet de facto relationship requirements in order to apply for a visa based on their partner relationship.

This meant that you were required to have evidence of being in a de facto relationship for a minimum of 12 months to be granted a visa.

The change in legislation means that you can apply for a visa on the basis of your same-sex marriage relationship, rather than on the basis of a de facto relationship of at least 12 months duration.

How does this affect Partner Visas?

From 9 December 2017 if you are in a same sex relationship you can apply for a Partner visa as your partner’s spouse, rather than as a de facto partner. 

This change applies to onshore and offshore Partner visas (subclass 100, 309, 801 and 820).

You can now also apply for the Prospective Marriage visa (subclass 300) on the basis of a same sex relationship.

If you are engaged to your same-sex fiancé you can apply for the Prospective Marriage visa if you genuinely intend to marry your prospective spouse in Australia.

The Prospective Marraige visa allows you to travel to Australia and marry your fiance within 9 months of arrival in Australia. You can then apply onshore for a Partner Visa.

Every relationship is different, and these changes open up more options for couples applying for Partner Visas to live together in Australia.

What about other visas?

The change also applies to other visas like student visas or work visas where you can include your spouse in your application.

It also applies to same-sex couples where it is possible to add their spouse to their visa as a subsequent applicant.

Where can I get Partner Visa help?

At MyAusPath we love helping our clients who are excited about starting life together in Australia. Achieving visa success for our clients is our main goal, and we pride ourselves on the way we make a complex process simple and stress free.

Each visa has a different application process and requirements. The waiting times for the visas are also different, and the wait time can be impacted by the country that you come from. Constant changes to the Australian Migration Legislation also make it hard to know which option is the best for you.

Talk to the team at MyAusPath to book an in depth consultation to get the ball rolling on the Partner Visa application that best suits your needs and circumstances.

About MyAusPath

MyAusPath is a full service Australian Migration Agency.

We help individuals, business owners and HR managers to consistently achieve successful visa outcomes and we are registered with MARA so you know you can rely on our advice.

At MyAusPath we are here to give you friendly, efficient service to make the complex and constantly changing Australian visa application requirements simple and stress free for clients.

We’d love to chat about how we can help you.

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