Same Sex Marriage & Australian Immigration

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An overwhelming majority of Australians have voted yes for same sex marriage. Even though this is yet to pass through parliament into law, there is a very good chance that same sex couples will be able to get married by the end of 2017. So how does this affect Australian immigration?

Partnership Visa

Migrants in a same sex relationship are currently eligible to apply for a Partnership Visa on the basis of a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. However, to be deemed to be in a de facto relationship the couple either must have lived together for a minimum of 12 months, or register their relationship under state law, which isn’t possible in all states. The proposed change in marriage law will enable same sex migrants to apply for a Partnership Visa on spousal grounds.

Prospective Marriage Visa

Perhaps the most positive outcome of the same sex marriage yes vote is that migrants in same sex relationships should soon be eligible for a Prospective Marriage Visa. The Prospective Marriage Visa (or Fiancé Visa as it’s sometimes known as) is for couples that have met in person at least once and have committed to getting married within 9 months of the visa being granted. Once married, the couple is then able to apply for a Partner Visa. This option isn’t currently available to same sex migrants.

New Zealand Family Relationship Visa

The New Zealand Family Relationship Visa is a 5 year temporary visa that is available to members of the family unit of New Zealand citizens holding a temporary visa, this includes spouses and de facto partners. If the same sex marriage yes vote passes into law then same sex migrants will be able to apply for the New Zealand Family Relationship Visa on spousal grounds.

Secondary Applicants

The proposed changes in marriage law will allow same sex migrants to apply for any visa that allows a secondary applicant on spousal grounds, this includes Skilled Visas, 457 Visas and many more. Currently same sex migrants only have the option to apply as a secondary applicant on de facto grounds, which isn’t always possible.

The proposed change in marriage law are a big thumbs up to equality not just for Australians, but also same sex migrants who will have more options to migrate to Australia.

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About the author

Nick Hansen

Nick has been a Registered Migration Agent since 2016 when he founded Hansen Migration. Since then he has helped many migrants obtain permanent residency in Australia and Australian citizenship.

About the author

Robyn Vogels

Robyn Vogels founded Personnel Relocations in 2008 to support people moving to Australia. Her personal experience from across the world defined her understanding of the intense process of relocation, especially when moving with families and children. She strongly believes that relocations are life-affirming transitions and ought to be handled with care.

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Looking for more details on the different visas and the requirements? We’ve put together this handy guide to help answer your questions. Just click below to download a copy today.

If you’ve still got questions after reading it, don’t stress – we can help. Book a free consultation with one of our Registered Migration Agents today.

My name is Geraldine (Gonzales) Darling. I am from the Philippines and now living in Melbourne, Victoria Australia. I am very grateful to have known Hansen Migration and partnered with them in getting our Partner Visa. Prior to Hansen Migration, the biggest pain-point was the daunting amount of information that we needed to research for our unique situation. Me and my partner Adam Darling (now my husband) had been in long distance relationship for some periods. Then COVID happened and then I got stuck in the Philippines and was pregnant of our first son. Hansen Migration went over and above, giving us valued support. Because our situation got tangled with COVID and lockdowns, they helped us get an exemption letter and submitted it to immigration for my entry to Australia. Fast forward, and now here I am in Australia, living with my husband and with our 2 sons in our humble home we built. I am forever grateful for Hansen Migration who has helped our family reach this milestone in our life.

Geraldine and Adam Darling

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