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Can Same-Sex Relationships Be Sponsored On A Spouse Visa?

VisaOne
2 December, 2016

We know your story. You met. Compatibility kicked in. You fell in love with each other. Met each other’s family and friends. And decided that you want to spend the rest of your life together in Australia.

And then here comes the challenge of applying and sponsoring for spouse visa. Some people are living under the dread that same sex partners either cannot or will find it hard to secure a spouse visa to Australia due to the nature of their relationship. We are going to tell you right now: Yes, people in same-sex relationships can apply for, sponsor for, and obtain a spouse visa just like heterosexual relationships. It is neither tougher nor impossible. Australia does not discriminate nor does it prejudge what you can do and cannot do when it comes to relationships. As a couple, you are entitled to the same rights and benefits of a spouse visa.

However, just like any other visas, there are requirements you need to satisfy in order to qualify for a spouse, whether you are on the applying or on the sponsoring end. It is our constant mission to help migrants (and loving couples at that!) get a hold of their dreams together in Australia, so here is an idea of where to get started on a 820 spousal visa for a same-sex relationship.

 

 

 

You need to have lived together for 12 months,

 

That’s correct. You need to prove that your romantic relationship is genuine and you are not just conspiring to bring the other person to the country. You must have been living under one roof for 12 months. Nothing less. If you are worried that such set ups will raise eyebrows from other people, please know that Australia is a very accepting country. There are no prejudices here against same-sex relationships. Its liberal and open culture allows such ties to be part of the social norm.

In fact, Tasmania recently made a bold move of supporting same-sex marriage, the first of many steps in opening more opportunities for same-sex relationships.

 

 

 

OR You have registered your relationship with your State/Territory Registrar of Births, Deaths & Marriages.

 

The ability to register same-sex relationships is a way for same-sex couples to be recognised under Australian law for Immigration purposes. So if you don’t have the evidence to support that you have been living together with your partner under the same roof for 12 months or more, you can pop down to your local Registrar of Births, Deaths & Marriages office and get your relationship registered.

You may check the website for each territory to locate the registrar nearest to you here:

 

 

 

Your family and friends recognize that you are in a relationship and can complete formal witness declarations for you.

 

This recognition of families and friends can be proven via the form 888, a document being issued by the Department of Immigration and Border Protection to be filled up by someone who fully knows about your relationship. It is also important that the signee of the document is either an Australian citizen or Australian permanent resident, and is 18 years of age or older.

Other supporting documents are invitations from families and friends sent to the two of you and your pictures together with your partner and families and friends. Please be advised, however, that falsification of these documents and other witness declarations is considered an offense.

 

 

 

You have a genuine relationship. So you have to provide evidence that your relationship is genuine.

 

These include joint bank accounts, finances, memberships, loans, mortgages, billing statement (showing the same address), rental agreements, travel tickets, hotel reservations, and other documents of activities/transactions that you are doing/have done together. So go ahead and start gathering your evidence. The stronger the evidence is, the stronger your case is. And always remember, conflicting evidence or evidence that may not make sense to an Immigration Case Officer will get your case turned down.

 

 

 

You are looking to be together on a long-term basis

 

Just as you need to prove that you are together presently, you also need to do prove that this relationship extends into the future. The establish this via joint investment documents, joint insurances, or a joint last will and testament. These evidences show that you really are in a long-term commitment with each other.

For permanent residency, your partner will be invited to apply for permanent residency after 2 years.

 

 

 

The general information listed in this article is pertaining to the 820 temporary visa and interested applicants in the 820 visa.

However, each situation is unique, and yours may or may not be fitting to the circumstances we listed above. If this article piqued your curiosity, please contact us for a free comprehensive assessment. You deserve to be together in Australia.

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