As same-sex marriage is lawfully acknowledged throughout Australia, it is likely to apply for a partner visa founded on marital status.
Before modifying the marriage act 1961, Australia did not acknowledge same-sex marriage in Australia.
Even if the same-sex couple is married lawfully outside Australia, the marriage is not considered lawful in Australia.
On the other hand, same-sex couples could apply for a partner visa as a de facto partner if the applicant fulfils all the pertinent obligations.
On 9 December 2017, the marriage act 1961 was modernised to allow marriage equality.
The marriage act 1961 describes marriage as a union of 2 people to exclude all others willingly entered into life.
For migration, the migration act 1968 has also been restructured.
Section 5F of the migration act 1958 now describes a spouse as a spouse of another person, whether of same-sex or different sex.
To demonstrate a married relationship, the applicant must fulfil the following obligations:
The marriage is lawful, which means the law recognises marriage, and the applicant and the sponsor have a joint pledge to share life as a married couple to the exclusion of all others. The relationship is authentic and ongoing, and the applicant and the sponsor must reside together or not live alone and apart permanently.
The same-sex couple can apply for a partner visa based on marital status for this motive or call a migration agent for a partner visa.
Relying on the present condition and migration aims, same-sex partners can apply for the following partner visa:
Subclass 820/801 – onshore partner visa, subclass 309/100 offshore partner visa, subclass 300 – prospective marriage visa.
The Australian government also acknowledged overseas marriages when the amendment was made to the marriage act 1961.
As a result, the department must recognise it for visa purposes if somebody is lawfully married overseas and has a marriage certificate.
Although getting married to a partner is a vital sign that the relationship is authentic and ongoing, there are obligations to demonstrate the documentation to authenticate your partner’s visa application.
Therefore, it is best not to assume that you are assured a visa based on marital status.
On the other hand, it would be in your best interests to prepare the backup documents to demonstrate the relationship is authentic and ongoing.
Some documents include:
- Mutual lease or joint montages:
- Joint loan records:
- Mutual household bills:
- Photos of social events and joint gatherings:
- Tickets for combined travel:
- Chat and messages history:
- Terms of the wills:
- Mails or emails addressed to both of you.
There are many documents to arrange, so it is suggested that preparations must be started timely.
https://www.ag.gov.au/families-and-marriage/marriage/marriage-equality-Australia
