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LGBT Partner Visa

Can LGBTQIA+ Couples Apply for a Partner Visa in Australia?

Absolutely. Australia recognises and supports same-sex and LGBTQIA+ couples for partner visas. If you’re in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for a partner visa, regardless of your gender identity or sexual orientation.

Since the legalisation of same-sex marriage in Australia in 2017, LGBTQIA+ couples enjoy equal access to immigration pathways, including the Subclass 820/801 (onshore) and Subclass 309/100 (offshore) partner visas.

Visa Options for LGBTQIA+ Applicants

Onshore Partner Visa (Subclass 820/801): If you are already in Australia, you can apply for this two-stage visa process. You’ll be granted a temporary visa (820) first, followed by a permanent visa (801) after approximately two years.

Offshore Partner Visa (Subclass 309/100): If you are outside Australia when applying, you can pursue the 309 visa first, then transition to the 100 permanent visa once eligible.

Trans and Non-Binary Applicants: You can apply under the same pathways as long as your relationship is genuine and well-documented.

What Counts as a Genuine Same-Sex Relationship?

To be eligible, you must prove that your relationship is genuine, committed, and ongoing. Evidence includes:

  • Joint finances and shared assets
  • Living arrangements and joint leases
  • Social proof like photos, travel history, and declarations
  • Registered same-sex marriage (in Australia or overseas)
  • Relationship registration in certain Australian states

How to Strengthen Your LGBTQIA+ Partner Visa Application

A strong application includes clear documentation and consistent evidence across all relationship aspects. To maximise your success:

  • Submit Form 888 declarations from friends and family
  • Register your relationship (if not married)
  • Provide a clear relationship timeline
  • Explain any periods of long-distance or visa gaps

Additionally, be honest and thorough in all forms and statements.

What If Your Country Doesn’t Recognise Same-Sex Relationships?

Don’t worry. Australia assesses your relationship based on its own legal standards. Even if your home country doesn’t recognise same-sex marriage, you can still apply for a partner visa. We regularly assist couples from countries where LGBTQIA+ rights are limited.

Can You Sponsor a Partner If You're in a Same-Sex Marriage?

Yes, you can. Same-sex marriages are legally recognised in Australia. You can sponsor your spouse or de facto partner just like any other couple.

You must:

  • Be over 18
  • Be an Australian citizen, permanent resident, or eligible NZ citizen

Why Choose Jade Immigration Lawyers?

We proudly support LGBTQIA+ couples and same-sex families. Here’s how we help:

  • Tailored partner visa strategies for LGBTQIA+ applicants
  • Expert guidance on relationship evidence and legal declarations
  • Compassionate representation for clients facing discrimination
  • Strong submissions for complex or long-distance cases

We believe everyone deserves the right to be with the person they love — and we’re here to help you get there.

Book a Consultation with an Immigration Lawyer

Clear, professional advice from an experienced immigration lawyer.

Choose the consultation that suits your needs — all fees are credited toward your full legal costs if you proceed within 28 days:

  • $75 – 15-minute introductory call
  • $250 – 30-minute standard consultation
  • $450 – 45-minute consultation for complex matters
  • Weekend and urgent appointments available

📞 Call us on 0485 907 989 or book online. We assist clients across Australia and internationally.

We’re here to help you move forward with confidence. Book your consultation and let’s make your next step clear.

Related Pages

FAQ

Find answers to common questions about our Partner Visa for LGBTQIA Couples services and processes. If you need further assistance, feel free to contact Jade Immigration Lawyers today!

Can same-sex couples apply for a partner visa in Australia?

Yes, same-sex and LGBTQIA+ couples are fully eligible for partner visas under Australian law.

What if we’re in a de facto relationship but not legally married?

 

You can still apply for a partner visa as de facto partners, provided you can prove at least 12 months of living together or have registered your relationship.

Does my home country’s anti-LGBTQ laws affect my visa chances?

No. Australia assesses your relationship under its own legal standards, not your home country’s laws.

What support do JADE Immigration Lawyers offer LGBTQIA+ clients?

We offer tailored legal advice, help gathering strong relationship evidence, and compassionate support throughout your visa journey.