Partner Visas for Same-Sex Relationships

Navigating partner visas for same-sex relationships can feel overwhelming. From assessing your eligibility to comparing visa subclasses and general requirements, it’s easy to suddenly find yourself scrolling through confusing explainers in an attempt to get a straight answer.

This guide tackles all you need to know about applying for a same-sex partner visa in Australia, the estimated processing time, frequently asked questions regarding registering your relationship, and the evidence required to do so. 

In this guide, we'll cover:

• Are same-sex relationships recognised in Australia?
• What partner visas can same-sex couples apply for in Australia?
• How does being in a same-sex relationship impact your partner visa application?
• Partner visas for same-sex relationships FAQs

Are same-sex relationships recognised in Australia?

Since December 2017, same-sex marriage has been recognised in Australia. While same-sex couples had previously been able to apply as a de facto couple, immigration laws now allow married same-sex partners to apply for partner visas.

After going to a nationwide popular vote by plebiscite, the majority of Australians voted in support of legalising same-sex marriage. In fact, every single state and territory saw a majority of Australians in favour of the changes—with the national total averaging out to 62% of Australians voting yes.

As a result of this milestone in Australian history, the Marriage Act now defines marriage as “the union of two people to the exclusion of all others, voluntarily entered into for life.” 

According to the Department of Home Affairs, the application process for partner visas was updated to coincide with changes to marriage equality, giving same-sex partners the same right to apply for partner visas under subclasses 820/801 and 309/100 as a married couple, and a Prospective Marriage visa under subclass 300. 

It’s also important to note that the government also recognises overseas marriages. So, if you are legally married overseas and have a marriage certificate, this will be recognised by the Department when applying for a same-sex partner visa in Australia—as long as it meets the conditions of what’s considered a legal marriage in Australia.

What partner visas can same-sex couples apply for in Australia?

Same-sex couples are treated the same as heterosexual couples when applying for partner visas in Australia, meaning the same eligibility criteria and requirements apply.

Whether you are in a de facto relationship (where you’re living together in an exclusive relationship but are not formally married) or married, there are several partner visas that same-sex couples can apply for. While the partner visa you choose to apply for will largely depend on your migration goals and personal circumstances, the main options include the following visa subclasses.

Prospective Marriage visa (subclass 300)

Otherwise known as the fiancé visa, the 300 visa is intended for those who wish to enter Australia with the intention of marrying an Australian citizen, permanent resident, or eligible New Zealand citizen. At the time of your application, you must be living outside Australia, and you must plan to marry your prospective spouse before the end of your visa period, which typically lasts nine to 15 months. 

Offshore partner visa(subclasses 309/100)

If you’re located outside Australia and not yet engaged to your partner, there is a partner visa subclass for you.

For those in a de facto relationship or who are married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and living overseas, you’ll be able to apply for an Offshore Partner visa. 

This visa is broken into 2 phases: you’ll first need to apply for the temporary visa subclass 309, which grants you the ability to stay, work, study, and travel to and from Australia. Two years after applying for your 309 visa, you’ll then be eligible for a permanent partner visa subclass 100.

Onshore partner visa (subclass 820/801)

An onshore partner visa is suitable for those currently living in Australia and are the spouse, de facto partner, or are in a civil registered relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

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Alternatively, many couples choose to travel to Australian on a visitor visa or another temporary visa to lodge an onshore partner visa application. 

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Like the Offshore partner visa, this visa is broken into 2 phases: you will first need to submit an application for the partner visa subclass 820 which gives you temporary rights to live, work and study in Australia.

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Two years after applying for the 820 visa, the permanent stage of your visa will be processed under visa subclass 801. Remember, to meet this next step, you may need to supply additional documents, including relationship evidence, such as sharing a joint bank account or marriage certificate.

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Once you’ve received a permanent partner visa, you automatically become a permanent resident with full working rights and the ability to apply to become an Australian citizen after a certain period of time (usually after four years of living in Australia with at least one as a permanent resident).

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