Same-Sex Spousal Visas

With same sex marriage making headlines over the last few years in countries such as the UK and USA, you’ll be pleased to know that Australia are too opening their doors (and minds) to same-sex marriage in 2018.

With this momentous acknowledgement same-sex spousal visas applications can now be lodged with the Immigration Department for Australian residency.

New Law verse the old

Previously same-sex couples had to apply under the de-facto partnership status and had to show evidence that they were in a long term relationship. Under the new laws same-sex couples will have to be lawfully married in order to apply for the spousal visa. This will make it much easier for committed couples to lodge visa applications.

Positive vote for same sex marriage

It was in November 2017 that 61.6% of Australian people who responded to a postal vote said ‘yes’ to same-sex marriage. Almost 13 million people cast a vote.‘It was a vote for commitment, fairness and love’ and that it demonstrated that ‘Australia was a nation acknowledging fairness and respect’.  Said Prime Minister Malcolm Turnbull, concluding that the result for the vote was, ‘unequivocal and overwhelming’.

Changes to Visas

The changes for same-sex marriage in Australia will apply to Partner visas (subclasses 100, 309, 801 and 820).

For same-sex couples who are engaged, you can also apply for the Prospective Marriage visa (subclass 300) as long as you have a genuine intention to marry your spouse in Australia. This visa allows you to travel to Australia and marry your partner within 9 months of arrival before applying for a partner visa.

Old system was stressful  and expensive

Previously applying for a de-facto partner visa could be stressful, as well as time consuming and expensive with same-sex couples claiming they were being grilled even more so than heterosexual couples.  Overseas marriages will also be grounds for this visa providing they are legally recognised in the country that they happened in. Now the help of a marriage certificate should make the process less stressful for applicants and it’s anticipated that more people will apply for this visa due to the change.

Contact Migration Agent Perth