Australia recognises same-sex relationships equally under migration law, giving LGBTIQ+ couples the same partner visa pathways as heterosexual couples. However, preparing relationship evidence can involve unique challenges, particularly where couples have experienced discrimination, kept their relationship private for safety, or lived in countries where same-sex relationships are criminalised. CMI Legal understands these complexities and provides sensitive, strategic legal support to help couples present strong, credible partner visa applications with confidence.
An LGBTIQ+ same-sex partner visa allows the foreign partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. Since the Marriage Amendment (Definition and Religious Freedoms) Act 2017, Australia has recognised same-sex marriages, and immigration law treats all couples equally regardless of gender or sexual orientation.
The Department of Home Affairs assesses partner visa applications based on the genuineness of your relationship, not your gender identities. This means LGBTIQ+ couples must demonstrate the same four pillars of a genuine relationship: financial aspects, household arrangements, social recognition, and mutual commitment.
You may be eligible to apply for an LGBTIQ+ partner visa if you are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Both married and de facto couples qualify, and you can be same-sex, non-binary, or identify anywhere on the LGBTIQ+ spectrum.
De facto couples must generally demonstrate 12 months of living together, though exceptions exist for compelling circumstances. Engaged couples planning to marry can apply for a Prospective Marriage visa (subclass 300) and marry in Australia within nine months of arrival.
Australia fully recognises same-sex marriages performed in Australia or overseas since the passage of the Marriage Amendment (Definition and Religious Freedoms) Act 2017. If you were married in any country that legalised same-sex marriage, including the United States, the United Kingdom, Canada, or New Zealand, your marriage is valid for immigration purposes. You’ll need to provide your official marriage certificate, along with evidence demonstrating your ongoing relationship, such as joint financial records, shared living arrangements, and statutory declarations from witnesses.
De facto relationships are recognised under the Migration Act 1958 regardless of gender or sexual orientation. You must demonstrate living together in a genuine domestic relationship for at least 12 months before applying. However, this requirement can be waived under specific circumstances: if you have a child together, your relationship is registered with an Australian state or territory registry, or compelling and compassionate circumstances, such as visa restrictions or safety concerns, have prevented continuous cohabitation.
If you’re engaged but not yet married, the Prospective Marriage visa (subclass 300) provides a pathway to Australia. This visa allows you to enter Australia and marry your partner within nine months of arrival. Following your marriage, you can then apply for an onshore partner visa. This pathway has been fully available to same-sex couples since marriage equality was achieved in December 2017.
Our experienced LGBTIQ+ partner visa lawyers provide confidential, inclusive, and trauma-informed advice tailored to your relationship and circumstances. Book a quick 15-minute advice call or a comprehensive 45-minute consultation for clear guidance on your same-sex or LGBTIQ+ partner visa options.
To qualify for a partner visa, LGBTIQ+ couples must meet these requirements:
The Onshore Partner Visa (Subclass 820/801) allows you to apply while you are in Australia. Once lodged, you are usually granted a bridging visa that lets you stay, work, and access Medicare during processing. The Subclass 820 temporary visa is assessed first, followed by the Subclass 801 permanent visa approximately two years later.
The Offshore Partner Visa (Subclass 309/100) is for applicants outside Australia at the time of application. You must remain offshore until the Subclass 309 temporary visa is granted. After approval, you can live, work, and study in Australia while awaiting assessment of the Subclass 100 permanent visa.
The Prospective Marriage Visa (Subclass 300) is for engaged couples planning to marry in Australia. It is valid for nine months, during which you must marry your partner and then apply for an onshore partner visa. This visa is available to all couples, including same-sex couples, intending to marry.
A successful partner visa grants significant benefits:
Many LGBTIQ+ couples have kept their relationships private due to family rejection, workplace discrimination, or living in countries where being LGBTIQ+ is dangerous. We help you identify alternative evidence and craft compelling statutory declarations explaining any gaps.
If you’re from a country where same-sex relationships are criminalised, public evidence of your relationship may not exist or could put family members at risk. Our migration agents understand these sensitivities and work with you to build a strong case using available evidence.
Partner visa applications typically include statements from family and friends. When families don’t accept LGBTIQ+ relationships, we help you gather statements from supportive community members, colleagues, or LGBTIQ+ organisations who can attest to your relationship.
Some LGBTIQ+ applicants have previous different-sex marriages or relationships. This doesn’t disqualify you, but requires careful explanation of your journey. We help you present your relationship history honestly and positively.
Visa restrictions, work commitments, or safety concerns may have prevented continuous cohabitation. We help document your relationship’s development through communication records, travel history, and evidence of commitment during time apart.
With 14+ years of experience helping visa applicants, CMI Legal’s registered migration lawyers deliver practical immigration advice and fixed-fee services that reunite families, build careers, and make Australia home.
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We begin with a comprehensive assessment of your relationship and circumstances. During this confidential consultation, we review your eligibility, discuss your unique situation, and identify any potential challenges early.
We provide a tailored evidence checklist addressing the four relationship pillars: financial aspects, household arrangements, social recognition, and commitment. For LGBTIQ+ couples with evidence gaps, we develop alternative documentation strategies.
Our team prepares and reviews all forms, statements, and supporting documents. We craft compelling submissions highlighting the genuineness of your relationship and addressing any unique circumstances before lodging your application.
We manage all Department correspondence, respond to requests for additional information, and prepare you for any interviews. Our support continues through to the permanent visa stage.
Partner visa processing times apply equally to all couples regardless of gender or sexual orientation. The Department of Home Affairs assesses LGBTIQ+ applications using identical timeframes and criteria as heterosexual couples. As of 2025, current processing times vary depending on the visa subclass and application completeness. Well-documented applications with comprehensive relationship evidence typically process faster than those requiring additional information requests.
Current processing timeframes:
Full support from initial eligibility assessment through to permanent residency grant. Our partner visa lawyers handle document preparation, lodgement, departmental correspondence, and second-stage permanent visa applications for LGBTIQ+ couples.
Extensive experience navigating complex partner visa applications since 2010. Our migration law specialists understand same-sex relationship evidence challenges and have helped hundreds of LGBTIQ+ couples achieve successful outcomes.
Qualified immigration law professionals registered with the Migration Agents Registration Authority. We’re bound by the Code of Conduct, ensuring ethical, confidential service for all LGBTIQ+ partner visa clients.
Know your partner visa costs upfront with transparent fixed-fee pricing. No hidden charges or hourly rate surprises, just clear quotes before you commit to our migration law services.
supporting same-sex couples and LGBTIQ+ clients across Australia and internationally. Whether you’re in Sydney, Melbourne, Brisbane, or overseas, our partner visa lawyers provide remote consultations and complete application support.
Tailored immigration law advice addressing your specific circumstances and challenges. We develop customised evidence strategies for LGBTIQ+ couples facing unique situations like limited documentation or overseas safety concerns.
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Yes. Australian immigration law treats all couples equally. The Department of Home Affairs assesses same-sex relationships using identical criteria as heterosexual relationships. Your application will be evaluated on the genuineness of your relationship, not your gender identities.
Alternative evidence includes private communications (messages, emails, call logs), travel records showing visits, money transfers, photos taken in private settings, and statutory declarations explaining why public evidence is limited. A skilled migration lawyer can help you compile compelling evidence despite these constraints.
Generally, yes, but exceptions exist. The 12-month requirement can be waived if you have a child together, your relationship is registered in an Australian state or territory, or compelling and compassionate circumstances prevented cohabitation (such as visa restrictions or safety concerns).
Yes. Following the Marriage Amendment Act 2017, Australia recognises same-sex marriages performed in any country where such marriages are legal. Your overseas marriage certificate will be accepted for partner visa purposes.
Processing times are the same for all couples. Currently, 75% of onshore partner visas are processed within 20-28 months. Offshore applications may have different timeframes. Well-prepared applications with comprehensive evidence typically process more efficiently.
If your relationship ends during processing, you should notify the Department. In some circumstances, such as family violence, you may still be eligible for the visa. Seek legal advice immediately if your relationship status changes.
Yes. The Prospective Marriage visa (subclass 300) is available to all engaged couples. You must marry within nine months of arriving in Australia and then apply for a partner visa. This pathway has been available to same-sex couples since marriage equality was achieved in 2017.
While not legally required, a registered migration agent significantly improves your chances of success, particularly when evidence is limited or circumstances are complex. Our partner visa lawyers understand LGBTIQ+ specific challenges and can help you present the strongest possible application.
Our qualified immigration lawyers offer paid consultations to guide you through your visa or migration journey. Choose a 15-minute session for quick legal advice or a 45-minute consultation for a deeper review of your case, tailored recommendations, and strategic guidance.
Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.
