Same Sex Partner Visa

Same Sex Partner Visa

Australia Visas for Same Sex Partners

  • Prospective Marriage visa (Subclass 300)
  • Defacto Partner / Spouse Visa Subclass 820 (Temporary) and Subclass 801 (Permanent) for applicants who are already in Australia.
  • Defacto Partner / Spouse Visa Subclass 309 (Provisional) and Subclass 100 (Permanent) for applicants who are outside Australia.

Same Sex Australia Partner Visa

Here at Migration Consultant we’re totally biased towards Australia being a superb place to live and work.

However, whilst this lovely Continent can be so progressive in many amazing ways, there are still aspects of society and Government that can, at times, be disappointingly backwards.

We were thrilled to witness Australia finally vote to sanction same sex marriage in a long overdue move back in November 2017. We remain unsure as to quite why it warranted a referendum, although with a 79.5% turnout and 61.6% vote in favor the matter was been unequivocally concluded.

Same Sex Australia Partner Visas

De facto same sex Australia Visa

The De facto same sex Australia visa is often referred to as the same sex Australian partner visa.

Same sex couples pursuing the de facto relationship visa need to demonstrate beyond all reasonable doubt that they’ve been in a de facto relationship with an Australian Citizen or eligible Permanent Resident for at least one calendar year prior to date of application.

In Australian Immigration a couple is classed as being in a same sex relationship if:

  • They are not married to each other
  • Are not related to each other
  • Have a genuine shared commitment to a joint life at the exclusion of others
  • They are in a genuine and continuing relationship
  • They are cohabiting or do not live apart on a permanent basis.


There are sometimes genuine reasons why a couple can’t or don’t cohabit and this can be taken into account provided the separation is temporary, and the couple have lived together at some point since the start of the relationship.

Same sex partners who don’t live together will be required to provide much more evidence in support of their same sex de facto visa application.

If you’re currently in Australia and looking to apply for a same sex partner visa there are ways around the 12 month rule depending on where the Australian half of your partnership is based.

Certain States and Territories such as Queensland, Victoria and ACT allow same sex couples to formally register their relationship. Should you be able to register your same sex relationship in one of these States then only one eligible partner needs to have resided in the State for six months.

Evidence required for a same sex Australian De Facto Partner Visa


1. documented and signed history of the relationship showing how it stared and evolved.
2. details of how the couple support each other financially, emotionally and physically
3. the couple’s future plans for the relationship
4. joint financial aspects of the relationship
5. joint tenancy agreements, title deeds or mortgage statements
6. joint bills and liabilities
7. correspondence addressed to the couple at the address
8. roles and responsibilities around any children in the household
9. invitations received or issued as couple
10. social media
11. holidays and ticket stubs
12. sworn statements by family and friends of the couple
13. any mention of each other in wills

The prospective marriage visa is an initial temporary visa class designed to lead to a full spouse visa after marriage. It’s available to people outside Australia who intend to marry their Australian partner within nine months of entering Australia.

It will be available to those over 18 that have met their Australian partner in person since they both turned 18 and obviously they should be known to their sponsor with no legal impediment to the forthcoming marriage.

Prospective Marriage Visas for Same Sex Couples


The Prospective Marriage visa allows a person who is engaged to an Australian permanent resident or citizen to come to Australia to marry their Australian fiancé.

This visa is valid for 9 months and carries full work rights. After getting married you can apply for a Provisional and Permanent Partner visa.

You must be outside Australia when you apply for this visa and outside Australia when the decision is made.

Same Sex Spouse Visa


Those married in Australia on a Prospective marriage visa will obviously qualify although crucially, by recognizing same sex marriage in Australia then formal marriage in other countries must be recognized by default.

The same sex spouse visa will be very similar to the de facto partner visa in that it’s valid for an initial two years allowing you to live and work in Australia without restriction. After this initial two year period you’ll be able to apply for full permanent residency as long as the relationship is ongoing.


Same Sex Spouse Partner Visa Two Year Exclusions


There are instances where the initial two year temporary visa can be forgone and full Permanent Residency can be granted from day one.

If you’ve been in the relationship with your spouse for at least five years at the time of application or you’ve been in a relationship for two years where there are dependent children of the relationship


You will be eligible for Permanent Residency from day one.

If you’re in a relationship and seriously considering applying for a same sex Australia Visa take our online assessment today for more information.

Migration Consultant at Migration Consultant LLC | Website | + posts

Alexander King is a leading authority in the field of migration, holding a prominent role as a Head of Compliance at Migration Consultant LLC ( With years of expertise under his belt, King has guided countless individuals and families on their journey to immigrating to Australia and Canada, shaping countless lives with his professional advice and in-depth knowledge of immigration law and procedures.

His profound understanding of the complexities of immigration coupled with his unparalleled skills in tackling these challenges has earned him a reputation as a trusted expert in his field. This expertise is shared in his groundbreaking book, "How to Immigrate to Canada," a comprehensive guide designed to streamline the process for those aspiring to call Canada their new home.

King's dedicated, compassionate approach to helping others stems from his own experiences. Born and raised in a multicultural community, he grew up witnessing the struggles and triumphs of people striving to start new lives in new countries. This drove his passion for guiding others through their immigration journey, a passion that he pours into his work and writing.

Authoring "How to Immigrate to Canada" has been an endeavor close to his heart. King hopes that through his words, he can demystify the often daunting process of immigration, making it accessible and achievable for everyone.