LGBTQ+ Relations: De Facto Relations, Unions, and Marriages for Partner Visa

Are you in a same-sex relationship and aiming to lodge an application for a Partner Visa? 

Same-sex marriage has been legal in Australia since 9 December 2017. Although there is no civil union or relationships register scheme for same-sex couples, under Federal law, same-sex couples could be afforded the recognition of de facto relationships. 

Below are some of the guidelines the Department of Home Affairs (DoHA) has imposed for same-sex couples applying for a Partner Visa. 

 

Same-sex couples  

Same-sex partners must be able to demonstrate that their relationship is genuine and continuing to be able to qualify for a Partner Visa.  

 

Transsexuals 

Transsexuals are those who have undergone procedures such as sex realignment, sex reassignment, or gender reassignment surgeries.  

 For Partner Visa application purposes, the sex of the person at the time they got married in Australia must be taken as their official sex, rather than their biological sex.  

 

The rules are the following: 

 For Post-operative transsexuals: 

 

  1. A marriage between a male and a male-to-female post-operative transexual, or between a female and a female-to-male post-operative transsexual, is a recognised union for visa purposes; 

  2. A marriage between a male and a female-to-male post-operative transsexual, or between a female and a male-to-female post-operative transexual, is not a recognised union for visa purposes, even if the union or marriage is recognised in the country where it was solemnised. 

 

For Pre-operative transsexuals 

 

  1. A marriage between a male and a male-to-female pre-operative transsexual, or between a female and a female-to-male pre-operative transsexual is not recognised for visa purposes. However, a marriage between a male and a female-to-male pre-operative transsexual, or a female and male-to-female pre-operative transsexual, is a recognised union for visa purposes. 

 

Intersexes 

Intersexes are those who identify as neither male nor female and therefore cannot enter into a marriage or union recognised under Marriage Act. 

However, if they are in a de facto relationship, they may still apply for Partner Visa, as sex is not a relevant requirement for a de facto relationship. 

 

How Can Agape Henry Crux Help  

  

At Agape Henry Crux, our Accredited Specialists in Immigration Law with our team of immigration lawyers and migration agents are specialised in handling highly complex matters.  You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

  

We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office. 

 

FREQUENTLY ASKED QUESTIONS (FAQs) 

  • The processing time of a Partner Visa application usually is between six months to three years, depending on the time when the application was lodged, and/or if DoHA needs more information or evidence to support the application.

  • The most common reason is the lack of documentary evidence to prove that the relationship between the partners is genuine and continuing. When there is inconsistency in statements or information provided in establishing the pillars of the relationship, the Minister of Home Affairs would be inclined to deny the grant.

  • For most applicants, the usual cost is around AU$ 8,035 as of to date.

LGBTQ+ Relations, Partner Visa, Permanent Resident, subclass 820Agape Henry CruxAgape Henry Cruxde facto, partner visa