Lesbian couple migration options to Australia | A Free Guide
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As the rate of lesbian couples is increasing, the need for migration has also increased. Nowadays a lot of lesbian couples are trying to migrate to Australia. They look forward to better living standards and to boost up their healthy lifestyle. Therefore, it is necessary to spread awareness about the possibility of a lesbian couple migrating to Australia.
Moreover, there are several complaints about the difficulty in getting a visa for Australian migration. That is to say, lesbian couples get a limited number of options through which they can relocate. However, the indignity of being treated differently by genuine opposite-sex couples and the disrespect they feel is another thing.
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. To sum up, the rate of lesbian couples has increased over the past few years.
Although, Australian migration was difficult for a lesbian couple earlier, now it is quite easy and simple. In other words, the Interdependency Visa category along with the 457 visa category has made this possible. Further, the article will give you clarity on all of this.
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Regulations related to Lesbian Marriages
The regulation defining Interdependency states that you must have been in a “relationship” for 12 months immediately preceding the date of application. This means your relationship should include all the details about the financial, legal, social, and domestic criteria. Also, it must have evidence of living together or not staying separately/apart permanently.
But now things have changed. Therefore, for your knowledge, you must know that same-sex marriages are recognised under Australian law. That is to say, it is possible to apply for a partner visa based on marriage. Remember, under the Marriage Act, you have to give a notice of 30 days before a marriage can take place in Australia.
Also, this Marriage Act has proved to be a golden opportunity for all lesbian couples who wish to migrate to Australia. This is because it is amended now which has opened a new application pathway for lesbian couples. Moreover, this new legislation has made it easier to include partners as secondary dependents in several other visa pathways.
Interdependency Visa Category for Lesbian migration
The only category of visa that is available for the lesbian partner of an Australian permanent resident or citizen is the Interdependency Visa category. Also, this visa category is very much similar to the Spouse visa.
But, under Australian law, only opposite-sex relationships can constitute a spouse relationship. In other words, the Spouse visa category is available for an opposite-sex partner of an Australian resident or citizen. Therefore, it proves that the Interdependency visa is the only visa option left for a person with same-sex partner.
Also, this means that 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.
However, the cost of applying for a Spouse visa in Australia is given below
- $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.
Other visas obligations
Whereas, an Interdependency visa costs $1990. That is to say, the same-sex partner of an Australian resident or citizen may pay more than double the amount that an opposite-sex partner has to pay to apply for a visa in Australia.
Most importantly, in some circumstances, it may be even more expensive to apply for an Interdependency visa as the lesbian couple has to submit their applications separately. This means they have to pay double the amount.
Also, it can be difficult to prove entitlement to an Interdependency visa. The reason behind this is that the lesbian 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.
Lesbian couple migration to Australia under 457 Visa
The 457 Visa category is the only way through which a same-sex partner of a primary visa applicant can accompany to migrate to Australia. Moreover, this is because the same-sex partner does not qualify as a spouse which blocks all other options. Further, not becoming a spouse means they cannot become a member of the family unit under the Migration Regulations 1994.
In other words, most of the visas allow only the members of a family unit to accompany the primary visa holder. Whereas, 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.
However, we cannot name a lesbian partner a ‘spouse’. Therefore, 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. To clarify, if one of them is not successful, the couple will not be able to migrate together.
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. Therefore, a same-sex partner can be a member of an ‘interdependent relationship’. Thus, it is always advisable to pre-plan the immigration if you are a lesbian couple. It is a long process and you have to take care of each step to make Australian migration successful.
If you after professional migration advice, please contact a partner visa migration agent at Australian Visa Lawyers.
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