All Partner Visa options are available to Same-Sex Couples

From 9 December 2017, you can apply for a visa as your partner’s ‘spouse’ if you are in a same-sex marriage following the legalisation of Same-Sex Marriage in Australia.

Under the changes, if you are in a same-sex marriage you can apply for a visa as your partner’s ‘spouse’, rather than as their ‘de facto partner’. The changes will apply to Partner visas (subclasses 100, 309, 801 and 820) and to all other visas where you can include your spouse in your application. You can also apply for a Prospective Marriage visa (subclass 300) if you are in a same-sex relationship and genuinely intend to marry your prospective spouse in Australia.

So what are the options?

OPTION 1. The On-shore Partner Visa (Subclass 820) is for couples who are both in Australia already and want to stay here together while immigration make a decision on the visa application. Conditions apply. To find out more about this option Click Here.

OPTION 2. The Off-shore Partner Visa (Subclass 309) is applicable if your partner is outside Australia and wants to be in Australia with you but has no temporary visa option to come to Australia and lodge an on-shore application. To find out more about this option Click Here.

OPTION 3. The Prospective Marriage Visa (Subclass 300) is best if your partner is outside Australia but you plan to marry when they come to Australia. To find out more about this option Click Here.

OPTION 4. If you want to take things slowly, what about a Visitor Visa? (Subclass 600). You can opt for this if you and your partner are only starting out in your relationship and want more time to get to know each other in Australia. To find out more about this option Click Here.

What are the obstacles? 

Health Issues: If you or your partner have health issues it can make the process of applying for a visa more difficult. For example in cases where the migrating partner is HIV positive it can be tough to get the Visa but it is certainly not impossible. 

If you would like more information on health waivers then Click Here

Criminal Convictions: If you or your partner have a criminal conviction then applying for any Partner Visa can be a bit more complicated. Again, it is not impossible but you will definitely need to seek professional advice before lodging. 

If you would like more information on how to deal with issues around previous criminal convictions then Click Here

Cost: Unfortunately, there is no way around this. The cost of a Partner Visa is a staggering AUD7,000 and that is before you seek the help of a migration agent or any of the medical and police checks. The good news is we offer finance and payment plans to help you with this.

How can Freedom Migration Help? 

The Freedom Migration Team are here to help: If you or your partner need some help to get started on this process then check out how we can help.  We have options for every budget. Click below to see the range of services we offer

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