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January 8, 2022

Latest Updates On Partner Visa For Same-Sex Relationships In Australia

Today’s update will talk about PARTNER VISA FOR SAME-SEX RELATIONSHIPS

As the same-sex marriage is lawfully acknowledged throughout Australia; it is likely to apply for a partner visa founded on marital status. In today’s Blog we will explore this further.

Before the modification in the Marriage Act 1961, same-sex marriage was not acknowledged in Australia. Even if a same-sex couple is married lawfully outside Australia, the marriage is not considered lawful in Australia. On the other hand, a same-sex couple could apply for a partner visa as a de facto partner if the applicant fulfils all the pertinent obligations.

On the other hand, on 9 December 2017, the Marriage Act 1961 was modernized to allow for marriage equality. The Marriage Act 1961 describes marriage as a union of 2 people to the exclusion of all others, willingly entered into for life. For the reason of migration, the Migration Act 1968 has also been restructured. Section 5F of the Migration Act 1958 now describes a spouse as ‘an individual is a spouse of another person whether they are in the same-sex or different sex.’ To demonstrate a married relationship, the applicant must fulfil the following obligations:

The marriage is lawful which means marriage is recognised by law), and

The applicant and the sponsor have a common pledge to a shared life as a married couple to the exclusion of all others, and

The relationship is authentic and on-going, and

The applicant and sponsor need to reside together or do not live singly and apart on a permanent basis.

For this motive, a same-sex couple can apply for a partner visa based on marital status.

Now Let’s Discuss, Which Partner Visa Can You Apply For?

 

Relying On Your Present Conditions And Migration Aims, A Same-Sex Couple Can Apply For The Following Partner Visa:

 

Subclass 820/801 – Onshore Partner Visa

Subclass 309/100 – Offshore Partner Visa

Subclass 300 – Prospective Marriage Visa

Please click the links below in the comments and description box below, if you want to read more about the requirements.



Let’s Discuss About The Overseas Marriages

From the time when the amendment was made to the Marriage Act 1961, the Australian government now also acknowledges overseas marriages. As a result, if you are lawfully married overseas, and you have a marriage certificate, that marriage certificate must be recognised by the Department for visa purposes.

Please keep in mind that although getting married to your partner is a strong sign that the relationship is authentic and on-going, you are still obligated to demonstrate further documents to authenticate your partner visa application. For that reason, it is best not to assume that you are assured a visa based on marital status. On the other hand, it would be in your best interests to prepare backup documents to demonstrate that the relationship is authentic and on-going.

Some documents include:



Mutual lease or joint mortgages

Joint loan records

Mutual household bills

Photos of social event and/or joint gathering

Tickets for combined travel

Chat and Messages history

Terms of the wills

Mails or emails addressed to both of you

Sadly, there is a heap of documents to arrange. As a result, we highly suggest that you start your preparation timely..
This is the end of today’s blog update. We hope you found this blog useful. Please don’t forget to support us by subscribing to our newsletter and sharing this blog with your friends and family on Facebook, Whatsapp, and Twitter.


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