Same-Sex Partner Visa Australia — Everything You Need to Know

Australia recognises same-sex relationships for all partner visa purposes — whether you are married, in a de facto relationship, or engaged. Since 2009, same-sex couples have had the same rights as opposite-sex couples under Australian immigration law, and same-sex marriages have been legally recognised in Australia since December 2017.

At Stojanovic & Associates, we have helped same-sex couples navigate the Australian partner visa process — including couples from countries where same-sex relationships are not legally recognised, couples applying as de facto partners, and couples dealing with the unique evidence challenges that can arise. This guide covers the main visa options, what you need to prove, and what to expect.

Which Partner Visa Do Same-Sex Couples Apply For?

Same-sex couples apply for the same partner visa subclasses as opposite-sex couples. The visa you apply for depends on whether your partner is inside or outside Australia at the time of application — not on the nature of your relationship.

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 visa) while in Australia. After two years, the application is assessed for the permanent Subclass 801 visa. Your partner can stay and work in Australia while the application is being processed.

Subclass 309 / 100 — Offshore Partner Visa

If your partner is outside Australia when you apply, the offshore partner visa is the pathway. The Subclass 309 (temporary) 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 apply for a Prospective Marriage Visa to travel to Australia to get married. After the wedding, they can apply for the partner visa from within Australia. Same-sex couples are eligible for this pathway on exactly the same basis as opposite-sex couples.

Married or De Facto — Does It Matter?

For Australian partner visa purposes, both married and de facto same-sex couples are eligible. If you are married — either in Australia or overseas in a country that recognises same-sex marriage — Australia will recognise your marriage. If you are not married, you can apply as de facto partners, provided you have been in a genuine de facto relationship for at least 12 months, or your relationship is registered under a state or territory relationship register.

How to Prove a De Facto Same-Sex Relationship

For same-sex couples applying as de facto partners — without a marriage certificate — the evidence you provide is the most important part of your application. The Department of Home Affairs assesses your relationship across four categories. All couples, regardless of sexual orientation, are assessed on exactly the same basis.

Financial

• Joint bank accounts or evidence of shared financial responsibility
• Shared bills or utilities — electricity, internet, rent
• Joint assets or liabilities — shared lease, mortgage, car loan, or insurance
• Evidence of financially supporting each other

Social

• Photos together — showing the relationship over time and across different contexts
• Statutory declarations from friends, family, or colleagues who know you as a couple
• Attendance at family events, celebrations, and social gatherings together
• Social media and public acknowledgement of your relationship — where you are comfortable sharing this

Household

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

Commitment

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

Does Australia Recognise Our Overseas Same-Sex Marriage?

Yes — Australia recognises same-sex marriages from countries where same-sex marriage is legal. If you were legally married overseas in a country that recognises same-sex marriage (such as New Zealand, the United Kingdom, Canada, the United States, or many European countries), your marriage is recognised in Australia for immigration purposes.

You will need to provide your original marriage certificate, with an English translation by a NAATI-accredited translator if it is in another language.

How Long Does a Same-Sex Partner Visa Take in Australia?

Processing times for same-sex partner visas are exactly the same as for opposite-sex partner visas — there is no difference in how applications are assessed or how long they take.

Challenges Same-Sex Couples Can Face — And How We Handle Them

While the law treats same-sex and opposite-sex couples equally, there are practical challenges that same-sex couples sometimes face that are worth knowing about before you apply.

No Marriage Certificate

Many same-sex couples apply as de facto partners without a marriage certificate — particularly those from countries where same-sex marriage is not available. Building a strong de facto evidence file takes more preparation than simply providing a marriage certificate. We help you identify, organise, and present your evidence in the way the Department expects to see it.

Applicants From Countries Where Same-Sex Relationships Are Not Recognised

If your partner comes from a country where same-sex relationships are not legally recognised — or where they are criminalised — your relationship may have been kept private for safety reasons. This does not prevent an Australian partner visa application, but it does require careful handling. We understand this situation and know how to present an application that accounts for it.

Proving a Long-Distance Relationship

Many same-sex couples spend extended periods apart while navigating immigration processes, family circumstances, or work commitments. A robust communication history — messages, calls, video chats — combined with a detailed relationship statement is essential for long-distance applications. We will guide you through exactly what to include.

Transgender Applicants — Document Names

If an applicant’s name or gender marker on official documents does not match their current identity, additional documentation may be required. We have experience handling these situations and will advise you on what to provide.

Why Same-Sex Couples Choose Stojanovic & Associates

Frequently Asked Questions — Same-Sex Partner Visa Australia