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In July of 2009, the Australian Government made changes and scrapped laws to make way for their recognition of the same-sex relationships, specifically in migration issues. Starting that date, partner visas can be applied by same-sex couples. The change also included the department’s acknowledgement of the couples’ children and allowed them for migration. Moreover, the couples’ rights and responsibilities mirror those of the opposite-sex partners.

BASIC INFOS ABOUT THE APPLICATION

First and foremost, to be eligible to apply for a Partner visa, you must be married, or in a de facto relationship with your partner at the time of the application.

These visas can be permanent or temporary, both permits you to come in or stay in Australia:

  1. If you qualify for all the legal criteria, you may be awarded with a temporary Partner visa (subclass 820)
  2. If you still qualify for all the legal requirements when your application is deliberated after the waiting period, you may be awarded with a permanent Partner visa (subclass 801).

You can be awarded a permanent visa without the waiting period if in case you can establish one of the following:

  1. At the time of your application, you have been married or in a de facto relationship with your partner for three or more years.
  2. At the time of your application, you have been in married or in a de facto relationship with your partner of two or more years and you have a child together.
  3. A protection visa or a permanent visa under the humanitarian program was given to your partner; your relationship should prior to the granting of the visa and has been made known to the department at the time.

For more on the guidelines of the Partner Visa application, it is highly recommended that you to read the Partner Migration booklet. It gives a further learning of the process and prepares you well as you go along.

Download the booklet here.

Turner Coulson Lawyers is more than willing to help you with your application and inquiries. Contact us now.

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