Same-Sex Partner Visas in Australia

Same-sex couples can apply for Australian partner visas as spouses or de facto partners, using the same visa pathways as other couples. The right option depends on where the applicant is, whether you are married or in a qualifying de facto relationship, and your immigration history. PocketLegal helps couples assess their eligibility, prepare relationship evidence and plan a future together in Australia.

Love is international. It sees neither colour, nor borders.

Australia is strict about its migration policies and enforces them – but it does allow for pathways when a serious relationship exists between an Australian and someone from another country.

Which visa pathway suits your relationship?

There is no separate visa subclass for same-sex couples. Your partner will generally need to be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and be approved as your sponsor. The main pathways are:

• Onshore Partner visa (820/801): for eligible applicants applying in Australia as a spouse or de facto partner. This combines a temporary and permanent stage.
• Offshore Partner visa (309/100): for eligible spouses and de facto partners applying outside Australia, also with provisional and permanent stages.
• Prospective Marriage visa (300): a potential option for couples intending to marry who meet the separate requirements. Marriage is followed by a further partner visa application; permanent residence is not automatic.

Choosing the pathway before making travel or wedding arrangements can help avoid problems with visa conditions, application location and timing. Read our comparison of onshore and offshore partner visas.

Married same-sex couples

With the passing of the Marriage Amendment (Definition and Religious Freedoms) Act in 2017, marriage was expanded to include same sex couples. This means that partner visas can be applied for by married same sex couples. This also has implications for other visa applications where a partner is being included by the primary applicant.

Same-sex marriages celebrated overseas are generally recognised in Australia if they meet the applicable legal requirements, including marriages celebrated before December 2017. A marriage certificate alone does not establish partner visa eligibility: you must also show a genuine and continuing relationship and satisfy the other visa criteria.

If you are considering including your spouse in a work, student or other visa application, check that visa’s family-member rules and any subsequent entrant requirements. Marriage does not automatically allow a partner to be added to every visa.

De facto partners and the 12-month requirement

You do not have to marry to qualify for a partner visa. De facto applicants generally need to show a qualifying relationship for at least 12 months immediately before applying, unless an exception applies. Time spent dating does not necessarily count towards that period.

You need evidence of a genuine and continuing relationship, a mutual commitment to a shared life, and that you live together or are not living separately and apart on a permanent basis. Sharing an address alone is not enough.

Registration under a qualifying Australian state or territory law can remove the 12-month requirement. It does not remove the need to prove the de facto relationship itself. Registration eligibility and timing also matter. Other exceptions can apply, including compelling and compassionate circumstances; obtain advice before relying on one.

What evidence should you prepare?

Build a clear account of how your relationship developed and how you organise your life together. Relevant evidence can include:

• Finances: shared expenses, joint accounts, transfers and financial support, with an explanation of how you manage money.
• Household arrangements: leases, correspondence to your address, household responsibilities and evidence of living together.
• Social recognition: statements from people who know you as a couple, shared activities and travel, and relevant photographs.
• Commitment: communication during time apart, plans for your future, care and support, and a consistent relationship timeline.

Choose documents that demonstrate your actual circumstances rather than submitting large quantities of repetitive material. Explain gaps or apparent inconsistencies. See our guide to preparing a de facto partner visa application.

What if you cannot safely be open about your relationship?

Some couples cannot tell family members, share housing openly or publish photographs because of discrimination, cultural pressure or laws in their country. Tell us about these circumstances early so we can consider how to explain them and identify other evidence of your shared life.

For example, private communications, visits, financial support and statements from trusted people may help explain the relationship where public recognition is limited. Do not put yourself or another person at risk to obtain evidence. Equally, these difficulties do not create an automatic exemption from the visa requirements; the evidence needs to address your circumstances carefully.

Can you apply if you have spent time apart?

Periods apart do not necessarily prevent a successful application. Explain why you lived apart, how you maintained the relationship and your plans to live together. Employment, travel restrictions and safety concerns may be relevant to that explanation. An online relationship or plans to meet are not, by themselves, enough to establish a qualifying de facto relationship.

Planning to marry: the subclass 300 option

The Prospective Marriage visa can allow an eligible applicant to enter Australia to marry their intended spouse. Home Affairs currently describes a stay of 9 to 15 months from grant; check the actual grant period and conditions. You must meet the subclass 300 requirements, including having met in person as adults and genuinely intending to marry and live together.

You generally apply outside Australia. After marrying, you need a separate partner visa application and must manage the relevant deadline and further application charge. Discuss the sequence with us before choosing this route.

Applying in Australia: check your current visa first

Being in Australia does not necessarily mean you can lodge a valid onshore partner application. Check your visa expiry, any No Further Stay condition, and previous refusals or cancellations. Applicants without a substantive visa may face additional requirements.

An eligible onshore application may lead to a bridging visa, but when it takes effect and its work and travel conditions depend on your circumstances. Do not assume lodging an application immediately changes your existing visa conditions. An offshore partner application does not itself provide a bridging visa.

Costs, processing and the permanent stage

Government charges depend on the pathway, included family members and any applicable concession. Medical examinations, police certificates and translations can add to the cost. Check the Home Affairs pricing estimator before lodging; subclass 300 and the later partner application involve separate charges.

Processing times change and are not guaranteed. Partner visas ordinarily involve assessment of a temporary or provisional stage and then a permanent stage, subject to the relevant criteria and exceptions. Keep evidence of your continuing relationship after lodgement and respond to requests from Home Affairs.

How PocketLegal can help

Our migration lawyers can assess the available pathways, identify application restrictions, advise on relationship evidence and assist with preparing and lodging your application. We can also address the practical difficulties of documenting a relationship that has been private or maintained across borders.

Book a consultation about your partner visa or call 1300 921 114. Have your current visa details, relationship timeline, marriage or registration documents and intended travel dates ready so we can focus on the next steps for your circumstances.

Reviewed on 18 October 2026. Official guidance: Partner visa 820, Partner visa 309, Prospective Marriage visa 300 and marriage equality in Australia.