Australian Same Sex Partner Visa

The Partnerr Visa also allows persons who are in a same sex/interdependent relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to emigrate to Australia.

To be eligible for a Partner Visa you must:

  • Be at least 18 years old at time of application;
  • Not be within a prohibited degree of relationship with your sponsor;
  • Show that you and your sponsor have a mutual commitment to a shared life to the exclusion of all others;
  • Show that you have a genuine and continuing relationship with your sponsor;
  • Show that you and your sponsor have been in your interdependent relationship for the entire 12 months immediately prior to making your application;
  • Show that you and your sponsor are living together, or if not, that any separation is only temporary;
  • Meet health and character requirements; and
  • Meet the 12-month relationship requirement.

You must be able to show that you and your sponsor have been in your interdependent relationship for the 12 months immediately prior to making your application.

An interdependent relationship is one in which a couple have a mutual commitment to a shared life to the exclusion of any spouse relationships or any other interdependent relationships.

Same Sex Partner Visa Process

Applying fora Same Sex Partner Visa is a 2-stage process. You apply for both a temporary and permanent visa in the one application at the same time.

A temporary visa is granted if you meet all the initial criteria. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after your initial application. If you continue to meet all requirements, you will be granted a permanent visa.

Temporary Partner Visa

If you lodge your application outside Australia, you must be outside Australia when the temporary visa is granted. If you lodge your application in Australia, you must be in Australia when the temporary visa is granted.

If you are granted a temporary visa, you will:

  • Have permission to travel to and from Australia until a decision is made on your permanent visa application; and
  • Be able to work in Australia.

Permanent Partner Visa

If you lodge your partner visa application outside Australia, you may be either in or outside Australia when the Permanent Partner (subclass 110) Visa is granted. If you lodge your application in Australia, you must be in Australia when this visa is granted.

In most cases, permanent residence cannot be granted less than 2 years from when you lodge your application. However, you may be granted a permanent visa without having to fulfil the usual 2 year waiting period if at the time you apply you have been in an interdependent relationship with your partner for 5 years or more.

If Your Relationship Ends

If your relationship ends while you have a temporary visa, you must inform the Department of Immigration and Border Protection (DIBP) immediately. You may still be eligible for a permanent visa, without having to fulfil the normal 2 year waiting period.

General Requirements for Partner Migration

There are a number of general requirements that applicants must meet to be granted a visa for partner migration, including health and character requirements. You must have a sponsor, who also needs to meet certain requirements. An Assurance of Support may also be requested in respect of you. If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements.