Registration of same-sex partnerships for visa application purposes

Migration regulations were changed as of 9 November 2009 to partially recognise same-sex relationships that have been registered in an Australian state or territory.

Previously, applicants for permanent visas, student visas and general skilled migration needed to show 12 months of cohabitation before they could include a same-sex or interdependent partner. Applicants also, in general, needed to show that they have lived together for 12 months to be sponsored by an Australian same-sex partner for an interdependency visa.

Can I register my relationship?

However, since 9 November 2009, people who have registered their relationship with an Australian state or territory are exempt from the 12 month cohabitation requirement. Whilst Australia does not recognise same-sex marriage, certain states and territories do allow such couples to register their relationships – states where this is possible include Victoria, Tasmania and the ACT.

Couples still need to show that they are living together, but will not need to show 12 months of cohabitation that were previously required. State legislation does not specify the sex of the people in the relationship, so there is also the possibility of heterosexual couples who register their relationship instead of getting married taking advantage of the new changes.

This positive development applies only to relationships registered in Australia.. Marriages or registrations that have taken place in overseas countries that recognise same-sex relationships are still not recognised in Australia.

Will be same-sex partner be eligible for a visa?

It has been possible since July 2009 to include same-sex partners in most applications for Australian visas, providing the applicants can show that they have been living together for the required amount of time. In this case, they are treated as a defacto couple. For permanent visas, you must in most cases show that you have lived together for 12 months. However, for temporary visas, six months is generally sufficient (except in the case of student visas or provisional skilled visas).

-By Mark Webster

Mark Webster is the founder and director of Acacia Immigration Australia Pty Ltd. He has been a registered migration agent since 1999, and in 2003 became a member of the MIA NSW Executive.