Are you married or in a de facto relationship with an Australian citizen, a permanent resident or a New Zealand citizen? How do the changes in marriage law impact gay immigration to Australia?
Talk to us today and find out if you're eligible for a Partner Visa or a Prospective Marriage Visa. We help make the visa application process simple and stress-free, saving you a stack of time!
BASIC GAY PARTNER VISA REQUIREMENTS
To be eligible for a Partner Visa, you must be either married or in a de facto relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, and be able to prove that your relationship is genuine. The path to permanent residency consists of two stages, where you are first granted a temporary Subclass 820 Partner Visa (onshore applicant) or a Subclass 309 Partner Visa (offshore applicant). After two years, if the relationship is still going or there are exceptional circumstances, then you may be eligible for a permanent Subclass 801 Partner Visa (onshore applicant) or a Subclass 100 Partner Visa (offshore applicant).
IS YOUR RELATIONSHIP GENUINE?
Your relationship needs to be considered genuine and will be assessed off four key criteria, which includes the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. At Hansen Migration our role is to make suggestions about the evidence you can provide and how you can improve your chances of success.
ONSHORE OR OFFSHORE APPLICATION?
You can apply for a Partner Visa from within Australia (Subclass 820/801), or from outside of Australia (Subclass 309/100). If applying onshore from within Australia you're eligible for a Bridging Visa A, allowing you live and work in Australia whilst waiting for the Partner Visa application to be processed.
Prospective GAY marriage visa
One of the most positive outcomes of the change in same sex marriage law is that migrants in same sex relationships are now eligible for a Subclass 300 Prospective Marriage Visa. The Prospective Marriage Visa (otherwise known as a Fiancé Visa) 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, you can then apply for a Partner Visa. This is particularly beneficial if you are from a country that Australia considers high risk because you now no longer have to meet the tough de facto requirement.
OFFSHORE APPLICATION ONLY
To apply for a Subclass 300 Prospective Gay Marriage Visa you must be outside of Australia at the time of application and at the time of grant. Once the visa is granted you can travel to Australia and prepare for your wedding. During this time you are permitted to work full time in Australia.
PATHWAY TO A PARTNERSHIP VISA AND PERMANENT RESIDENCY
Once married, you must apply for a Partner Visa and prove that your marriage is genuine. The path to permanent residency consists of two stages, where you are first granted a temporary Partner visa. After approximately two years, if the relationship is still ongoing or there are exceptional circumstances, then you may be eligible for permanent residency.
Choose your own level of service
At Hansen Migration we have different levels of service. Whether you're time poor and want us to take care of everything, or you just want some advice, we have the service that suits your needs.