Does Your Partner Apply For Same-Sex Partner Visa In Australia?

Posted by Ivan Lee Migration Solutions on July 12th, 2018

Under the Australian Migration law, it is stated that if you are in a De facto relationship or a same-sex marriage with an Australian citizen or permanent resident or an eligible New Zealand citizen then you are eligible for a same-sex partner visa. Under this partner visa program, all the same-sex couples are eligible to apply for a De facto relationship but now you have also access to the partner visa as a married couple. Australia has now legalized same-sex marriage can bring your overseas partner as your spouse once you are legally married in Australia.

Married couple: - According to this requirement, you both have to be legally married in a legitimate marriage under the Australian law. This is the main change that is applicable here for the same-sex marriage. The meaning of marriage has now changed in Australia, it states that the union of two people rather than a difference in gender. Once you get married and your partner is living in the overseas country, you will be eligible to sponsor your partner as a spouse in your country.

A minor marriage certificate will not be enough to justify your relationship with your partner as you require proving that you are both in a real continuing marital relationship to the separation of everyone else and not living separately on a constant basis. You will also have to determine the following aspects:

• You have committed to each other and share your financial obligations and assets if you want to choose.
• You have to prove that you are in a genuine relationship and living together.
• You have to sponsor by a legal spouse and legally married under the Australian law.
• You have to meet the health and character requirements.

De facto Relationship: - If you are in a de facto relationship then your overseas partner can apply for a Same Sex Partner Visa Australia and does not require for marriage. Now, it is also legal for a same-sex partner even before the same-sex marriage in Australia.  There are the few things that must keep in mind which are as follows:-

• They must have been sponsor by an eligible person and not be related by family.
• They must be at least 18 years of age at the time of application
• Both the partners have a mutual commitment to share their entire life with each other.
• They must have to prove that you have a genuine relationship with your partner
• You have to show that you and your partner have been in a de facto relationship for entire 12 months immediately prior to registering their application

IF you do not come in a married couple or de facto relationship rule that mentioned in above, and you are engaged with your overseas same-sex partner then you can bring them in Australia and finalized the date of marriage within 9 months of their arrival.