What the Law Says about Same-Sex Partner Visas and Where to Get Legal Advice on Immigration in Sydney

The partner visa allows people in same-sex relationships with a permanent resident or citizen of Australia or eligible citizen of New Zealand to relocate to Australia. You must meet specific criteria gain eligibility for a partner visa.

You must:

  • Be at least 18 years old
  • Can demonstrate that you and your partner have a mutually committed relationship
  • Demonstrate that your relationship with your partner is genuine and ongoing
  • Prove that you and your partner live together or, if you don’t, that the separation is temporary
  • Show that your relationship has existed for at least 12 months
  • Meet character and health requirements

The Process

The process for applying for a same-sex partner visa involves two stages. You will apply for a temporary and a permanent visa at the same time on one application. If you meet all the initial requirements, you will receive a temporary visa. This visa will remain valid until there is a decision about your permanent visa; this can take about two years after you submit your application. You will ultimately be granted your permanent visa if you continue to meet all criteria during this time.

Temporary Partner Visa

To make an application outside Australia, you must be outside Australia at the time you receive the temporary visa. If you submit your application in Australia, then you must be in Australia at the time you receive your temporary visa. If you do obtain a temporary visa, you will be able to work in Australia, and you will also have permission to travel to and from Australia until they decide your permanent visa.

Permanent Partner Visa

Just as with the temporary visa, you must be in Australia when you receive your permanent partner visa if you were in Australia at the time you applied. If you are out of Australia when you submit your application, you must be out of Australia when they grant the visa. In most cases, it will take two years for your permanent visa to be issued. However, couples who have been in an interdependent relationship for at least five years may not have to fulfil this two-year waiting period.

If You End Your Relationship

The law says that if you are holding a temporary visa and your relationship ends, it is your responsibility to inform the Department of Immigration and Border Protection (DIBP) at once. You may still be able to receive your permanent visa. If you are unsure about what to do or have questions about the process, you can obtain reliable legal advice from DTL.

Dowson Turco Lawyers in Sydney for Gay Legal Advice

Visa applicants must meet several general requirements to be eligible for partner migration, including character and health requirements. If you have dependent family members (such as children), they can lodge combined applications with yours if they meet certain criteria. At Dowson Turco Lawyers, we can help you navigate the same-sex partner visa process in Sydney with gay immigration advice. For those with questions about gay immigration in Sydney, our team of attorneys can assist you in obtaining your visa, answer any questions you may have, and uphold your rights throughout the process. We are passionate about gay rights law in Sydney and committed to advocating for the LGBT community and the many issues they face. Contact DTL today with any questions or to book a consultation.