LGBTIQ+ Visa Australia: Requirements for Same-Sex Couples to Apply for a Partner Visa

Since the legalisation of same-sex marriage in Australia in December 2017, LGBTIQ+ couples have had exactly the same rights as any other couple when it comes to Australian immigration — including the right to apply for a Partner Visa. In fact, same-sex de facto couples have had equal rights under Australian immigration law since 2009.

At Stojanovic & Associates, we have helped many LGBTIQ+ couples navigate the Australian Partner Visa process — from straightforward applications to complex situations involving long-distance relationships, unlawful status, and applicants from countries where same-sex relationships are not legally recognised. This guide explains your options, what you need to prove, and how the process works.

Which Partner Visa Can LGBTIQ+ Couples Apply For?

There is no separate “LGBTIQ+ visa” or “LGBT visa” in Australia — LGBTIQ+ couples apply for the same Partner Visa subclasses as any other couple. The visa pathway that applies to you depends on whether your partner is in Australia or overseas at the time you apply.

Subclass 820 / 801 — Onshore Partner Visa

If your partner is already in Australia on a valid visa, they can apply for the Subclass 820 (temporary) while in Australia. After approximately two years, the application is assessed for the permanent Subclass 801 visa. Your partner can live and work in Australia throughout the processing period.

Subclass 309 / 100 — Offshore Partner Visa

If your partner is outside Australia when you apply, the offshore pathway applies. The Subclass 309 (temporary visa) is granted first; the permanent Subclass 100 is assessed approximately two years after the initial application date. Your partner must be outside Australia when the temporary visa is granted.

Subclass 300 — Prospective Marriage Visa

If you are engaged but not yet married, your overseas partner can travel to Australia on a Prospective Marriage Visa to get married here. After the wedding, they can apply for the Partner Visa from within Australia. LGBTIQ+ couples are eligible for this pathway on exactly the same basis as any other couple.

Married or De Facto — Both Are Eligible

You do not need to be married to apply. LGBTIQ+ couples can apply as de facto partners, provided they have been in a genuine, ongoing de facto relationship for at least 12 months — or their relationship is registered under a state or territory relationship register, in which case the 12-month requirement does not apply.

What Do You Need to Prove?

The requirements for LGBTIQ+ couples are identical to those for any other couple. The Department of Home Affairs assesses your relationship across four categories:

1. Financial

• Joint bank accounts or shared financial commitments
• Shared bills — electricity, internet, rent, or mortgage
• Joint assets or liabilities — shared lease, property, insurance, or loans
• Evidence of supporting each other financially

2. Social

• Photos together over time and in different settings
• Statutory declarations from friends, family, or colleagues who know you as a couple
• Attendance at family events and social occasions together
• Social media acknowledging your relationship — where you are comfortable sharing this

3. Household

• Shared address on official documents — lease, bank statements, correspondence
• Joint tenancy or mortgage
• Evidence of sharing day-to-day living responsibilities

4. Commitment

• Length and continuity of the relationship
• Communication history — messages, calls, video chats
• Knowledge of each other’s background, family, and daily life
• Plans for your future together in Australia

Health and Character Requirements

All Partner Visa applicants — regardless of relationship type — must meet Australia’s health and character requirements. These are standard requirements that apply to every application.

Health Examination

Both the applicant and any dependent family members must undergo a health examination through a Department of Home Affairs approved panel physician. The specific requirements depend on where you are located — your migration agent will arrange the referral once your application is lodged.

Police Clearance

Applicants must provide police clearance certificates covering any country where they have lived for 12 months or more in the past 10 years. For Australian applications, this typically means clearances from your home country and any other countries where you have lived.

How Long Does an LGBTIQ+ Partner Visa Take in Australia?

LGBTIQ+ Partner Visa applications are processed in exactly the same timeframes as any other Partner Visa.

Complex Situations We Can Help With

Not every Partner Visa application is straightforward — and LGBTIQ+ couples sometimes face situations that need careful, experienced handling. We have assisted clients through all of the following:

Long-Distance Relationships

Many LGBTIQ+ couples have spent significant time apart — due to work, immigration delays, or family circumstances. We know how to document long-distance relationships in a way that clearly demonstrates their genuineness and continuity to the Department.

Visa Expiry and Bridging Situations

If your partner’s visa is close to expiry or has already expired while you are waiting to lodge or finalise a Partner Visa application, there are pathways to protect their right to stay in Australia. Acting quickly is essential — contact us as soon as possible if this applies to you.

Unlawful Status

We have helped same-sex couples where one partner had become unlawful in Australia — whether due to an overstayed visa or an application that lapsed. In a number of these cases, we were able to help regularise their status so both partners could remain in Australia together without fear of deportation. These situations require careful management from an experienced migration agent. If this applies to you, seek advice immediately.

Applicants From Non-Recognising Countries

If your partner comes from a country where same-sex relationships are not legally recognised, Australian immigration law still allows you to apply — the requirement is that your relationship meets Australian criteria, not your home country’s laws. We work with couples in this situation regularly and know how to build a strong application that accounts for it.

Why LGBTIQ+ Couples Choose Stojanovic & Associates

Frequently Asked Questions — LGBTIQ+ Partner Visa Australia