Migration
Embark Upon A Future Without Barriers With LGBTQ+ Partner Visas
No couple should be kept apart by red tape, but for LGBTQ+ partners, visa applications for Australia often bring unique challenges such as proving a genuine relationship when living apart, navigating cultural or legal barriers, or ensuring transgender and non-binary identities are correctly recognised.
At Nevett Ford, we are proud supporters of the LGBTQ+ community and have successfully guided many couples from this community in applying for Australian partner visas. We are familiar with the complexities involved and will help you overcome them with care, clarity, and precision.
From preparing strong evidence to responding to Department requests, we support you in your visa applications with a tailored, compassionate approach. With us, your story and your right to a future together will always be respected.
What You Need to Know About Partner Visas
A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia alongside them. It can be a pathway from a temporary visa to permanent residency and citizenship, if desired.
For LGBTQ+ couples, a partner visa holds extra significance as a formal recognition of your relationship by the government — whether married, registered, de facto, or where safety limits documentation.
Your Pathway to Reunion in Australia
Updates to the Marriage Act 1961 and the Migration Act 1958 have made sexual orientation a non-factor in visa application eligibility status — only whether the relationship is genuine and continuing. LGBTQ+ partners will apply for the same visa subclasses as cisgender, heterosexual partners.
|
Visa Subclass |
Visa Type |
Who It’s For |
Processing Time* |
Key Details |
|
Subclass 820/801 (Onshore Partner Visa) |
Subclass 820: Temporary Subclass 801: Permanent |
Spouse or de facto partner of an Australian citizen, PR, or eligible New Zealand citizen living in Australia |
Temporary: 12–24 months Permanent: Assessed after 2 years |
Begin on a temporary visa (820) and transition to permanent residency (801). Full work and study rights while your application is processed. |
|
Subclass 309/100 (Offshore Partner Visa) |
Subclass 309: Temporary Subclass 100: Permanent |
Spouse or de facto partner of an Australian citizen, PR, or eligible New Zealand citizen living overseas |
Temporary: 12–24 months Permanent: Assessed after 2 years |
Apply while outside Australia. Once approved, you can enter and live in Australia. Pathway mirrors the onshore visa (309 → 100). |
|
Subclass 300 (Offshore Partner Visa) |
Prospective Marriage Visa |
Fiancé(e) of an Australian citizen |
6–12 months |
Temporary visa to enter Australia and marry within 9 months. After marriage, you can apply for an onshore partner visa. Ideal if not yet married or in a recognised de facto relationship. |
*Processing times are indicative as of 2025 and may vary based on individual circumstances.
DO YOU AND YOUR PARTNER QUALIFY?
Eligibility is not about labels; it is about proving your relationship is real, committed, and recognised under Australian law.
Most LGBTQ+ partner visa applications will be eligible if they satisfy these key requirements:
✓ One partner is an Australian citizen, permanent resident, or eligible New Zealand citizen
✓ You are legally married or in a de facto relationship (usually 12 months unless registered)
✓ Your relationship meets the Department’s “Four Pillars” of evidence
✓ You satisfy health and character checks
✓You can explain gaps in evidence where safety, secrecy, or legal recognition issues make standard documents impossible
WHAT AN LGBTQ+ PARTNER VISA APPLICATION SHOULD INCLUDE
Every partner visa application will require core documentation such as certified copies of passports or national IDs, birth certificates or namechange documents, marriage certificate (if relevant) and proof of the qualifying partner’s Australian citizenship, PR, or New Zealand eligibility.
For LGBTQ+ partner visa applications in Australia, the following documentation (if available) may also be vital:
✓ Evidence explaining name or gender mismatches (e.g., court or medical documents)
✓ Statements explaining periods of separation (work or safety)
✓ Supporting letters from organisations, clinics, or NGOs where safety is a concern.
Beyond that, other documents you may need to provide should cover these four key pillars:
Financial
Shows shared responsibility and interdependence.
Examples:
- Joint bank accounts or credit cards
- Shared loans, mortgages, or bills
- Insurance beneficiaries, wills, or superannuation nominations
- Transfers marked for rent, expenses, or gifts
Household
Shows how you live day-to-day as a couple.
Examples:
- Lease or property titles in both names
- Shared mail and household bills
- Photos of your home together (dated and captioned)
- Evidence of shared chores or responsibilities
Social
Shows your relationship within a wider community.
Examples:
- Photos from family events, holidays, or milestones
- Invitations or guest lists with both names
- Joint memberships or community involvement
- Witness statements from friends, employers, or neighbours
- Travel bookings, boarding passes, or accommodation receipts
*If public proof is unsafe, private communications or NGO letters can be used instead.
Commitment
Shows your long-term intentions and future together.
Examples:
- Personal partner statements
- Statutory declarations from close contacts
- Joint financial or childcare planning
- Evidence of milestones such as engagement, marriage, or children
- Correspondence about future plans
Additionally, you may be required to provide police clearances, health checks, and certified translations for non-English documents as requested.
You do not need every item. We will help you identify what is most important and find alternatives where evidence is missing.
HOW NEVETT FORD SUPPORTS YOUR LGBTQ+ PARTNER VISA JOURNEY
1. Confidential Initial Consultation
We listen to your story, discuss options, identify special issues (such as transgender, mental health, offshore, and urgency), note documentation gaps, and provide a fixed-fee estimate.
2. Personalised Evidence Plan
Our team will provide a detailed checklist and timeline for your case. We decide what to collect, how to present it, and identify alternative evidence if needed for safety or cultural reasons.
3. Drafting and Collation
We prepare partner statements, statutory declarations for witnesses, sworn translations, and an evidence index. We format the submission according to the Department’s preferences.
4. Application and Sponsorship Lodgement
Our lawyers will help lodge sponsorship and visa applications, including careful quality-control checks to reduce RFIs and refusals.
5. Case Management and Department Liaison
We will act as your single point of contact; we respond to RFIs, request priority processing where appropriate, and provide weekly status updates.
6. Identity and Health or Character Support
Our team will assist with identity reconciliation for trans/non-binary clients, support in obtaining medical or psychological evidence where necessary, and provide guidance on police checks or character matters.
7. Post-Decision Support
We will also provide permanent visa stage progression, citizenship pathway planning, or merits review assistance if a decision is unfavourable.
8. Tribunal and Ministerial Intervention (if required)
You will get a full representation for merits review or ministerial applications, with expert submissions and hearing preparation.
Your Partner Visa Ally from Start to Finish
In many parts of the world, LGBTQ+ relationships are hidden, unrecognised, or even criminalised. That makes gathering evidence for a partner visa application difficult — and sometimes dangerous.
At Nevett Ford, we build a safe strategy around your circumstances, using alternatives that protect you while still telling your story:
- Private communications and coded records of your relationship
- Letters from trusted NGOs or community organisations
- Identity affidavits to reconcile gender or name differences
- Guidance on sensitive documents like police checks or medical records
- Contextual statements that explain cultural and safety barriers
Additionally, our support does not stop at your visa approval. We are committed to providing guidance for your circumstances across every life stage in your new home.
Temporary to Permanent Visas:
Most partner visas progress in two stages. We guide you from the initial temporary partner visa through to permanent residency.
Citizenship:
Once residency requirements are met, many clients become eligible for Australian citizenship. We will advise on timing and prepare your application.
Family Pathways:
As your life grows, so can your options. We support applications for child visas, parent pathways, and other family migration opportunities.
Why Choose Nevett Ford
Decades Of Experience
Our team brings deep expertise and years of success in LGBTQ+ partner visa cases, committed to achieving fair outcomes while treating every client with dignity and respect.
LGBTQ+ Safe and Inclusive Approach
We understand the unique challenges of LGBTQ+ couples — from trans identities to cultural or religious barriers — and treat every relationship with care and respect.
High Success Rates
We strive to provide a fair and positive resolution and outcome for all parties involved.
STANDARD OF CARE
Our lawyers show genuine interest, empathy and care for our clients, resulting in strong and meaningful relationships.
FAST RESPONSES
We pride ourselves on being accessible and responsive to calls and emails.
Initial Fixed Cost Consultations
Our team is dedicated to providing transparent and affordable fees, so clients know what the process will look like ahead of time.
Frequently Asked Questions
Is my overseas same-sex marriage recognised in Australia?
Yes. Under current laws on LGBTQ+ marriages in Australia, overseas same-sex marriages are recognised for immigration purposes, provided the marriage was legally valid in the country where it occurred. Our team will confirm its legality and gather evidence to support your case.
How do we prove our relationship if being LGBTQ+ is illegal in my country?
Your safety is the priority. Evidence strategies include private communications, coded travel records, trusted witness declarations, and NGO letters. We can also help you prepare context statements to explain the risks of disclosure, ensuring your application is strong without exposing you or your family.
Can we apply if we don’t live together because of work or safety reasons?
Yes. Many couples applying for an LGBTQ+ visa in Australia are in long-distance situations. We can assist in building evidence from travel itineraries, communications, joint finances, and supporting declarations, together with a clear explanation of why you live apart.
We’ve been together less than 12 months. Can we still apply for a partner visa?
For de facto couples, the Department usually expects evidence that you have lived together for no less than 12 months. Exceptions exist if you are married, have registered your relationship, or can show compelling and compassionate reasons. We can help review your evidence and advise whether an earlier application is realistic.
Will a different name or gender marker on my documents cause refusal?
Not on its own. Many LGBTQ+ visa applicants in Australia face this. Our team can assist in preparing namechange records, identity affidavits, medical or support letters where appropriate, and a clear statement that reconciles records with your lived identity.
Will a mental health condition affect the visa?
Usually not. Mental health conditions only matter if they pose a serious public health risk or very high treatment costs. Our team will prepare medical reports and explanatory statements to show treatment, support, and stability.
What happens if the relationship ends before permanent residency is granted?
You must notify the Department. Outcomes vary depending on timing and circumstances; in some cases, the application can continue. We will provide tailored advice on your rights, next steps, and possible alternative pathways.
Have more questions?
WHO YOU'LL WORK WITH
NEVETT FORD IS A MEMBER OF THE FOLLOWING:
