Love and the Law – LGBTQIA+ Couples Facing Immigration Hurdles

I was lucky enough to attend a number of events across the 2025 Sydney Mardi Gras Festival including Fair Day at Victoria Park and the Parade with a prime roadside position on Oxford St. The atmosphere of love and acceptance was unrivalled! The 2025 campaign theme was “Free to Be” and it was a wonderful moment to reflect on the privilege I have as a Partner Visa specialist working with couples from across the globe and supporting them in their visa journey.

Sadly, the privilege of being “Free to Be” is not a worldwide experience and often this disparity is a significant factor in the planning and strategy when it comes to applying for an Australian a Partner Visa for LGBTQIA+ couples.

The criminalisation of LGBTQIA+ people in other countries as well as underlying stigma is still widespread and can pose a significant barrier to the Partner Visa application process, especially for those unable to present openly as a couple due to laws in their home country, safety concerns, and fear of vilification or harassment.

Whilst these hurdles can make the Partner Visa process more complex, the good news is that updates in Australian migration law and marriage equality means the legislation no longer reflects any sex or gender related requirements, and you may qualify for a Partner Visa regardless of your orientation or identity. In Australia you truly are “Free to Be”.

What Types of Partner Visas Can LGBTQIA+ Couples Apply for?

As of December 2017 the Prospective Marriage Visa as well as Partner Visas for married or de facto couples are now available to LGBTQIA+ couples. Prior to this, recognition was limited to applicants applying for a Partner Visa on de facto grounds only.

The Partner Visa has both onshore and offshore options available depending on the visa applicants location at the time of lodgement (and of course their ability to be granted a visa to allow them to enter Australia and apply onshore).

Whether you apply for a Partner Visa on the basis of a de facto relationship, as a married couple, or decide a Prospective Marriage Visa is a better fit will vary depending on your unique circumstances and is not a once size fits all approach.

Proving Your Relationship

We often have couples approach us who are worried about how they can provide proof or evidence for their application, especially when they come across online resources with recommendations for documents that might be impossible for them to obtain such as a joint lease agreement or a joint bank account.

Some common challenges faced by LGBTQIA+ couples include:

• Minimal time spent together due to distance/financial limitations/visas or employment obligations
• Lack of social recognition of the relationship, particularly where the visa applicant lives in a country that criminalises LGBTQIA+ people and there are safety concerns related to disclosure of the relationship
• Family members lack of knowledge or support for a relationship
• Inability to jointly register documents to prove cohabitation
• Additional legal and administrative processes if you have gone through a name change or updated your documents to best reflect your gender identity

Although this can add an extra layer of complexity to your application, this is not an insurmountable challenge. We work with couples from all over the world to help put an appropriate plan and strategy in place that best reflects their relationship and ensures a well prepared application.

We work closely with all our clients to ensure their unique love story can be heard by appropriately acknowledging and documenting the reasons why some types of evidence may be impractical or impossible to obtain and preparing detailed legal submissions to address these circumstances to ensure the best prospects of success.

We Can’t Live Together

Where you are applying for a Partner Visa either as a married couple or on the basis of your de facto relationship, demonstrating that you live together OR that you do not live separately and apart on a permanent basis is a key aspect of the application. This is because the legal definition of a spouse and a de facto partner as it pertains to Australian migration law contains specific wording to this effect.

A visa application cannot be refused solely on the basis that you don’t currently live or have never lived with your partner, however in these circumstances, it is important you can satisfy the case officer that you have an intention to live together in the future and that any separation between you is only temporary.

There is no specified timeframe in which a couple must live together and all claims must be considered on a case by case basis. Where possible, you should provide as much supporting evidence of any periods of time you have spent together, what your accommodation arrangements have been during any visits with each other and a detailed explanation on your plans together for the future. All of these circumstances are relevant to the assessment of whether or not you are in a genuine and continuing relationship and your commitment to a shared life.

Where your evidence is lacking, or claims cannot be substantiated, you may need to consider what alternative arrangements can be put in place to spend time together either in Australia or abroad (including the possibility of meeting in a third country).

Types of evidence you might consider providing inlcude:

• Photos of your home life – cooking, celebrating, or relaxing together (even if this is time spent together virtually through video calls)
• Text messages about daily life (e.g. “What do you want for dinner tonight?”) and establishing your regular routine or patterns of communication
• Witness statements from housemates, landlords, or neighbours confirming cohabitation
• Evidence of travel (e.g. flight tickets, hotel bookings or Airbnb stays together)

What About Finances?

It follows that where a couple have barriers to living together full time the way they manage their finances is likely to be different based on these arrangements. Your finances may be independent or there could be a limit to the sharing of day to day costs and expenses. The good news is there is no right or wrong way to manage your money. Contrary to popular belief, the existence a joint bank account is by no means the only way to prove financial ties.

The importance lies in adequately explaining the how and they why of your current arrangements, and what your plans are into the future. Types of evidence might include:

• Evidence of messages or correspondence discussing financial planning, goals and priorities
• Keeping records of shared expenses or costs associated with travel and visits to see each other
• Money transfers receipts or bank statements showing transaction history between you
• Gift receipts of shipping records

How Do We Pick Which Visa?

The visa pathway chosen will depend on a range of factors and the level of documentation you can provide in support of the eligibility criteria.

If you aren’t sure on which visa is best suited to your individual circumstances then we would recommend a Partner Visa Consultation to discuss your relationship history and circumstances in detail to get an understanding on the most suitable pathway. When it comes to a Partner or a Prospective Marriage Visa, there is no once size fits all approach and each application is assessed on its individual merits.

As highlighted in my previous blog – getting married isn’t always the answer and your relationship status is just one piece of the puzzle when it comes to choosing the right visa pathway. A marriage certificate or registered relationship certificate isn’t a magic piece of paper, and the onus remains on you as a couple to evidence that you are in a genuine and continuing relationship and how you meet the legal criteria for your visa to be granted.

Let Us Help You

At Freedom Migration we are acutely aware of the unique challenges faced by LGBTQIA+ couples and take pride in our role as advocates for your right to love. When love is strong, barriers are just obstacles waiting to be overcome. Navigating a Partner Visa application can feel overwhelming but with the right guidance there is a way forward. Our team knows how to tackle the tough paperwork and fight for your right to be together—because your love deserves a chance, no matter the challenges.

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.