Australia’s immigration system is designed to recognise and respect the diverse nature of relationships across different cultures, traditions, and identities. The Partner Visa program reflects this inclusivity by providing a pathway for couples—whether same-sex, in an arranged marriage, or in a de facto partnership—to unite in Australia. Understanding the legal recognition of diverse relationships can help couples navigate the process of securing a visa to join their loved ones.
Recognition of Same-Sex or Non-Binary Relationships
Since the legalisation of same-sex marriage in Australia in 2017, LGBTQ+ couples have been afforded the same legal rights as heterosexual couples under the immigration system. Same-sex couples can apply for a Partner Visa under the same conditions as opposite-sex couples, provided they meet the eligibility criteria, such as demonstrating a genuine and continuing relationship. This recognition extends to both married and de facto same-sex partners, ensuring that love is not limited by gender or sexual orientation.
Arranged Marriages and Immigration
Arranged marriages are a long-standing tradition in many cultures, and Australia acknowledges these unions under its immigration policies. Couples in an arranged marriage can apply for a Partner Visa as long as they provide sufficient evidence that their relationship is genuine and ongoing. Unlike forced marriages, which are illegal in Australia, arranged marriages are recognised as legitimate if both parties have freely consented to the union. Documentation such as family support, communication records, and cultural marriage ceremonies can help strengthen an application.
De Facto Partnerships and Relationship Registration
For couples who are not legally married, Australia offers a de facto Partner Visa option. De facto relationships, including same-sex couples, are recognised if the partners have lived together for at least 12 months before applying. However, some Australian states and territories allow relationship registration, which can waive the 12-month cohabitation requirement, making the process more accessible for couples who may not have been living together for a full year.
Partner Visa Pathways
Couples seeking to reunite in Australia have several visa options, including:
Partner Visa (Subclass 820/801 & Subclass 309/100)
For married and de facto couples where one partner is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Prospective Marriage Visa (Subclass 300)
For engaged couples who intend to marry within nine months of arriving in Australia.
Recent Domestic Violence Protections
Australia has also strengthened protections for Partner Visa applicants who may be experiencing domestic violence. If a relationship breaks down due to domestic violence, applicants may still be eligible for permanent residency without needing to remain in the relationship. This ensures that individuals are not forced to stay in harmful situations for the sake of their visa status.
Navigating the Process
Given the complexity of the Partner Visa process and the diverse range of relationships recognised, seeking professional guidance can be invaluable. Immigration experts can provide tailored advice to ensure applicants meet the necessary requirements and submit a strong application.
For more information on Partner Visas and expert guidance on the best pathway for you, consult with one of our Australian visa and immigration specialists today.