Australia's partner visas and same-sex couples

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Created on Thursday, 09 January 2014 15:23

Written by Editorial staff

Australia's immigration laws are once again in the news, but this time it's not 457 visas that are getting all the attention.

A recent article published by The Guardian tells the story of a young same-sex couple struggling with the rules and regulations surrounding partner visas in Australia.

What is a partner visa?

Under the Department of Immigration and Border Protection's "family stream", there's a category designed for the partners or fiances of Australian citizens, permanent residents and eligible New Zealand citizens.

The range of visas in this category - known as partner visas - enable partners to stay, either temporarily or permanently, in our country.

These visas can apply to anyone intending to marry an Australian citizen, permanent resident or eligible New Zealand citizen, is married to such a person or can prove they are in a de facto relationship with such a person.

Where do same-sex couples fit in?

Back in 2009, the Department of Immigration and Border Protection (then known as the Department of Immigration and Citizenship) introduced a number of amendments to its legislation.

One of the biggest changes it made was to the definition of "de facto partner". From July 1 that year, same-sex couples were able to be recognised as de facto partners, which meant they were eligible to apply for partner visas.

They were also able to apply for other visas once only open to opposite-sex de facto partners, such as student, business and skilled visas.

If you're interested in applying for any of these immigration visas, a migration agent in Australia can help you understand what steps you need to take.

What's the problem?

In order to be recognised as in a de facto relationship, couples - both same- and opposite-sex - must fulfil a number of criteria. These include factors such as living together, being able to prove they're committed to each other and demonstrating the relationship between them is "genuine and continuing".

While these rules and regulations apply to everyone, the problem is that same-sex couples don't have the opportunity to get married and avoid this "burdensome bureaucratic process". So, if they're not recognised as being in a de facto relationship, they're unable to apply for a partner visa.

This is what's been highlighted by The Guardian article, which tells the story of a man in a same-sex couple who, having been denied a partner visa, now faces deportation back to his home country.