Can a gay couple migrate to Australia? | A Free Guide
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Nowadays a lot of gay couples complain about the difficulty in getting a visa to migrate to Australia. That is to say, they only get options with a limit through which they can relocate. Moreover, most gay couples even face bias comments and treatment while opting for immigration.
However, the rate of gay couples has increased over the past few years. Statistically, from 2011 to 2016, the number of same‑sex couples rose by 12.9%. In addition, talking about 10 years from 2006 to 2016, it has increased by 60.7%. Also, in comparison to the number of opposites‑sex couples, it has increased by 9.6% from 2006 to 2016.
Although, Australian migration was complex for a gay couple in past, it has become quite easy and simple now. In other words, the Interdependency Visa category has made this possible. It is the only visa option available to the gay partner of Australian permanent citizenship. Further, the article will give you clarity on all of this.
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Australian Regulations for Gay marriages
The regulation defining Interdependency says you must have been in a “relationship” for 12 months immediately preceding the date of application. That is to say, this relationship of yours should include financial, legal, social and domestic criteria. Also, it must state living together or not staying separately or apart permanently.
But, now the same-sex marriages are recognised under Australian law. Therefore, it is possible to apply for a partner visa based on marriage. Also, you should never forget the requirements under the Marriage Act. You have to give a notice of 30 days before a marriage can take place in Australia.
Also, the Marriage Act has been amended now which has opened a new application pathway for gay couples. Moreover, this new legislation has made it easier to include partners as secondary dependents in several other visa pathways.
Migration Regulations
The Migration Regulations define an ‘interdependent relationship’ to be a relationship between any two people where; there is a mutual commitment to a shared life, the relationship is genuine and continuing; and they live together. Thus, a same-sex partner can be a member of an ‘interdependent relationship’. Therefore, it is advisable to pre-plan everything if you are a gay couple and thinking of migrating to Australia as it is a long process and each step has to be taken carefully.
Gay Couple migration to Australia as an Interdependency Visa holder
This is the only category of visa that is available for the gay partner of an Australian permanent resident or citizen. Also, the Interdependency visa is very much similar to the Spouse visa. In other words, the Spouse visa category is available for an opposite-sex partner of an Australian resident or citizen.
Most importantly, in some circumstances, it may be more expensive to apply for an Interdependency visa. That is to say, the same-sex partner of an Australian resident or citizen may have to pay double the amount to what opposite-sex partner have to pay to apply for a visa in Australia.
The cost of applying for a Spouse visa in Australia is as follows
- $650 for those who hold a valid Prospective Marriage visa and have married their partner
- $820 for those who entered Australia on a Prospective Marriage visa, have married their partner, but do not hold a current visa.
- $1990 for those who hold any other visa.
Whereas, an Interdependency visa costs $1990.
Also, it can be difficult to prove entitlement to an Interdependency visa. This is because gay couples have to provide a lot of shreds of evidence as compared to opposite-sex couples for the migration process. Furthermore, the Interdependency visas may impact job opportunities because of workplace discrimination.
Under Australian law, only opposite-sex relationships can constitute a spouse relationship. This means, a same-sex partner of a person cannot be included as a member of the family unit on a visa application, even if the same-sex couple has been married according to the laws of another country. Therefore, it proves that the Interdependency visa is the only visa that is available for a person with the same-sex partner.
Gay Couple Migrate to Australia under the 457 Visa subclass
This is the only category of visa which allows a same-sex partner of a primary visa applicant who can accompany them when they migrate to Australia. However, the reason behind this single visa category is that a same-sex partner does not qualify as a spouse. Therefore, they cannot become a member of the family unit in the Migration Regulations 1994.
Whereas, most of the visas allow only the members of a family unit to accompany the primary visa holder. Also, the Temporary Business 457 visa category compares to the myriad of visas available to an opposite-sex couple wishing to migrate to Australia together. To clarify, the only visa available to a non-Australian same-sex couple is the 457 visa.
Since a same-sex partner cannot be a ‘spouse’, he or she will not qualify for a Spouse visa or a Prospective Marriage visa. In addition, the result comes out as each member of a same-sex couple may have to qualify separately for a visa. That is to say, if one of them is not successful, the couple will not be able to migrate together and get separated across the world.
If you after further information related to gay couple migration to Australia, please contact one of our partner visa migration agents for professional advice.
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