What You Need To Know About Partner Visas After Marriage Equality


By Emma Drynan

Everyone at Freedom Migration is super excited that common sense has prevailed and the marriage equality vote has returned a positive outcome.

And the new legislation does give couples a few extra options when it comes to partner visas.

From December 9, you can apply for a visa as your partner’s ‘spouse’ if you are in a same-sex marriage following the legalisation of same-sex marriage in Australia.

Under the changes, if you are in a same-sex marriage you can apply for a visa as your partner’s ‘spouse’, rather than as their ‘de facto partner’.

The changes will apply to Partner visas (subclasses 100, 309, 801 and 820) and to all other visas where you can include your spouse in your application.

One of the major changes is that you can now also apply for a Prospective Marriage visa (subclass 300) if you are in a same-sex relationship.

Couples in same-sex relationships haven’t been able to apply for a prospective marriage visas until now.

Why? Because of the Marriage Act. The Prospective Marriage visa is granted to people who are planning to marry in Australia within 9 months of the visa being granted.

Having this new option is important because no two relationships are the same. Lawmakers obviously saw a need for both options and this new visa option allows couples to make a choice based on what suits their circumstances best, just the same as all others couple have been able to do.

Marriage equality means more equal access to visa options for loving, committed couples.

Emma Drynan writes courtesy of Freedom Migration. For more information, visit their website.

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