LGBTIQ + Same Sex Partner Visa Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Your LGBTIQ+ Partner Visa

Eligibility Assessment & Visa Options

We assess your eligibility for a same-sex partner visa (de facto or marriage) and advise on the best subclass (e.g., 820/801, 309/100, or 300).

Relationship Evidence & Document Preparation

Our lawyers guide you in compiling comprehensive evidence of your genuine relationship across all “4 pillars” and preparing personal documents.

Application Lodgement & Strategic Advice

We manage the lodgement of your partner and sponsorship applications, providing strategic advice to build the strongest possible case.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing your LGBTIQ + Same Sex Partner Visa.

What Our Happy Clients Say

Hear directly from our successful learners.

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Same-Sex Partner Visas: Your Pathway to Australia

Australia’s migration law ensures same-sex couples have equal access to partner visas, whether married or in a de facto relationship. This visa allows you to live, work, and study with your Australian citizen, permanent resident, or eligible New Zealand citizen partner.

The application process is extensive, requiring substantial evidence of your genuine and ongoing relationship across financial, social, household, and commitment aspects. Navigating these detailed requirements effectively is key to a successful application.

Eligibility for Your LGBTIQ+ Partner Visa

To qualify, you must be in a genuine, committed relationship (married or de facto) with an eligible Australian sponsor. Both partners must meet health and character requirements. De facto relationships generally require 12 months of cohabitation, though exceptions can apply.

Proving your relationship’s authenticity to the Department of Home Affairs involves comprehensive documentation. Missing or incomplete evidence can lead to significant delays or even refusal, making thorough preparation vital.

Why Choose Moya Migration Law for Your LGBTIQ+ Partner Visa?

Applying for an LGBTIQ+ Partner Visa is a significant journey towards building your life together in Australia. Moya Migration Law offers experienced, empathetic legal guidance, a client-focused approach sensitive to your unique relationship, and strategic preparation of your visa application.

Experienced in LGBTIQ+ Partner Visas

Our lawyers have a deep understanding of partner visa requirements for same-sex couples, whether married or de facto, ensuring expert case handling.

Client-Focused & Inclusive Support

We provide personalised, confidential, and supportive guidance, understanding the specific needs and sensitivities of LGBTIQ+ partner visa applicants.

Strategic Relationship Evidence Preparation

We develop tailored strategies to meticulously prepare your application, gathering comprehensive evidence to prove your genuine and ongoing relationship.

Deep Knowledge of Partner Visa Law

Our profound understanding of the Migration Act 1958 (Cth) and the “4 Pillars” of relationship evidence ensures your LGBTIQ+ partner visa application is expertly managed.

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Our 5-Step LGBTIQ+ Partner Visa Application Process

Embarking on your LGBTIQ+ Partner Visa journey requires careful planning and execution. Moya Migration Law offers a clear, supportive process, guiding you with expert care from initial assessment to the final decision on your application.

1

Confidential Consultation & Eligibility Assessment

Our process begins with a confidential consultation to understand your unique relationship and assess your eligibility for an LGBTIQ+ Partner Visa (onshore or offshore).

2

Strategic Evidence & Document Preparation

We work closely with you to meticulously prepare your case, gathering all necessary personal documents and comprehensive evidence of your genuine relationship.

3

Comprehensive Application & Submission Drafting

Our experienced lawyers draft detailed written submissions and your application forms, ensuring all “4 pillars” of your relationship are strongly represented.

4

Application Lodgement & Department Liaison

We manage the entire submission process for both visa applicant and sponsor applications with the Department, and handle communications on your behalf.

5

Ongoing Support & Outcome Guidance

We provide ongoing support throughout the processing period, respond to any Department queries, and guide you on the decision and your future together in Australia.

Countries where homosexuality is criminalised

In many countries around the world, consensual same-sex relationships and diverse gender identities are criminalised, leading to severe societal persecution, discrimination, and even the death penalty based on sexual orientation or gender identity.

For LGBTIQ+ individuals from such backgrounds, this historical or ongoing societal pressure can significantly impact how their relationship developed and the evidence they can provide for an Australian Partner Visa. Understanding this context is important when assessing the genuineness of a relationship.

Afghanistan

Bangladesh

China

Egypt

Eritrea

Ethiopia

Indonesia

Iran

Iraq

Kenya

Lebanon

Malaysia

Myanmar

Nigeria

Pakistan

Palestine

Papua New Guinea

Russia

Saudi Arabia

Somalia

South Africa

South Sudan

Sri Lanka

Sudan

Syria

Turkey

Yemen

Zimbabwe

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your LGBTIQ+ Partner Visa Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally and confidentially guides same-sex couples through their partner visa applications. With over two decades in Australian migration law since 2002, Daniel offers expert and empathetic support for your journey together.

Daniel is committed to providing clear, respectful advice and meticulously preparing your LGBTIQ+ partner visa application to secure your future in Australia. He understands the importance of these applications and offers dedicated assistance. Daniel also provides legal help in Spanish.

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How to Prove Your LGBTIQ+ Relationship

Partner visa applications are assessed against “the 4 pillars”: the financial aspects of your relationship, the nature of your household, the social aspects, and the nature of your commitment to each other.

Each pillar requires detailed and consistent evidence. Simply having a marriage certificate or photos is often insufficient. Successfully demonstrating all four aspects to the Department’s satisfaction requires a comprehensive and carefully structured submission.

Choosing Your LGBTIQ+ Partner Visa Pathway

Several partner visa subclasses exist for same-sex couples, including onshore (820/801), offshore (309/100), and the Prospective Marriage Visa (subclass 300) for those intending to marry. Each has distinct criteria and application processes.

Selecting the correct visa pathway for your specific circumstances is crucial, as an incorrect choice can limit future options. Expert advice can help identify the most suitable visa and ensure your application meets all requirements for that stream.

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15-Min Consultation

Frequently Asked Questions About LGBTIQ+ Partner Visas

Can same-sex couples apply for partner visas in Australia?

Yes, Australian migration law treats same-sex couples equally to heterosexual couples. You can apply if you are married or in a de facto relationship with an eligible Australian partner.

What are the main eligibility requirements for a same-sex partner visa?

You must be in a genuine, committed relationship (married or de facto) with an Australian citizen, permanent resident, or eligible New Zealand citizen. Both partners must also meet health and character requirements.

Can we apply if we are in a de facto relationship but not married?

Yes, same-sex de facto relationships are recognised. You generally need to show you’ve lived together for at least 12 months, though exceptions (like registering your relationship in some states) can apply.

What documents are needed to prove our same-sex relationship?

You’ll need comprehensive evidence covering joint finances (bank accounts, bills), shared living arrangements (lease, mail), social recognition (photos, statements from friends/family), and the nature of your commitment.

Does Australia recognise our overseas same-sex marriage for this visa?

Yes, if your same-sex marriage was legally performed overseas in a country where it is recognised, Australia will generally recognise it for partner visa purposes.

How long does a same-sex partner visa application typically take to process?

Processing times vary but can average 12-24 months for the temporary partner visa (e.g., Subclass 820). The permanent stage (e.g., Subclass 801) is usually assessed about two years after the initial application.

What if our relationship ends before the permanent partner visa is granted?

Your application may be at risk if the relationship ends. However, exceptions exist in certain circumstances, such as if there are children of the relationship or situations involving family violence. Seek legal advice immediately.

Can same-sex couples apply for a Prospective Marriage Visa (Subclass 300)?

Yes, if you are engaged and intend to marry your Australian partner in Australia, you can apply for a Prospective Marriage Visa. This allows you to enter Australia to marry and then apply for a partner visa.

Why is legal assistance helpful for an LGBTIQ+ partner visa?

Partner visa applications are extensive and require detailed evidence of your relationship across many aspects. Experienced lawyers can guide you through the complex requirements, help prepare a strong application, and navigate any specific sensitivities.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.