It does make me sad that still one of the most common concerns from LGBTQ+ couples is whether their relationship will be assessed differently.
The short answer is no.
Whether you’re in a same-sex relationship, or any other LGBTQ+ relationship, Australian Partner Visa applications are assessed under the same legal framework as every other couple. In simple terms, there isn’t another category of evidence or documents that you will need to provide.
What might be different is the way your evidence looks, particularly if you’ve lived in a country where your relationship wasn’t legally recognised, or where it wasn’t safe to be openly LGBTQ+.
This blog explains how to present your relationship evidence in some of these situations and how to build a strong application that accurately reflects your circumstances.
What’s the same and what’s different with LGBTQ+ Partner Visa evidence?
The four pillars of relationship still apply. These criteria apply equally to everyone. It doesn’t actually matter if you’re LGBTQ+, if there’s an age gap between you and your partner, if you’ve previously married, or for any other circumstances.
The Department of Home Affairs isn’t looking for a particular type of relationship. They’re looking for evidence that your relationship is genuine and continuing. That means the goal isn’t to fit a traditional relationship “template.” It’s to provide evidence that honestly reflects your life together.
While the legal requirements are the same, the practical realities of gathering evidence can be very different for LGBTQ+ couples. Just a note here that this isn’t always the case, but it has been my experience when helping some couples from the LGBTQ+ community.
Lodging as married vs de facto
One thing I always flag early with LGBTQ+ couples is which category they’re actually applying under: spouse (married) or de facto. It sounds like a technicality, but it changes what you need to prove and when you’re even eligible to lodge.
If you’re married, it doesn’t matter whether your marriage is recognised in the country you’re from or currently living in. What matters is whether it’s a valid marriage for Australian migration purposes, which comes down to whether it was validly entered into under the law of the country where you got married. If you married somewhere that recognises same-sex marriage, that marriage can support your Partner Visa application even if your home country doesn’t recognise it at all, and even if you’re not currently living there.
If you haven’t married, whether because it isn’t legally possible where you live, or you simply haven’t been able to travel somewhere it is, you’ll need to apply under the de facto category instead. That comes with its own threshold. Generally you need to show you’ve been in the de facto relationship for at least 12 months immediately before you lodge, unless you have a registered relationship, a dependent child together, or there are compelling and compassionate circumstances that mean the Department will consider a shorter period.
This is where the safety and visibility issues below can compound. Proving 12 months of de facto living together is harder when your relationship hasn’t been able to be open, and same-sex relationship registers simply don’t exist in a lot of the countries where this is most likely to matter. If this sounds like your situation, it’s worth working out early which category you’re actually applying under because it shapes your whole evidence strategy and your timeline for lodging.
Differences with the social pillar
When I go through the four pillars of relationship with couples during an evidence planning session, there’s usually lots and lots of evidence around the social pillar. Lots of pictures, holidays, social plans, social media evidence. It’s not normally a pillar of concern. But for some LGBTQ+ couples, it can be very light on.
You might have lived in a country where same-sex relationships weren’t legally recognised, maybe you weren’t comfortable revealing your relationship status or maybe it’s not culturally or religiously appropriate in your circumstances.
None of these circumstances automatically weaken your application, but they do mean that careful consideration needs to be given in these situations.
Explain your gaps
If you’re worried because you don’t have years of photographs with your partner and family/friends or maybe your family isn’t aware of your relationship, then it’s time to be proactive.
You do have a gap in your evidence and it needs to be addressed. Context always matters. So explaining gaps in your evidence is really important. This is also where your relationship statements come in super handy.
How can you strengthen the social pillar?
If your relationship isn’t publicly visible, so for example, you don’t have many photographs or a social media presence, don’t assume you have no social evidence.
Instead, think more broadly about the people who genuinely know your relationship. Think about friends who might know you and your partner as a couple. Perhaps you’re both part of some LGBTQ+ community groups or social clubs and networks. Maybe you even have a colleague who you’re close with and knows about your relationship. These people may be well placed to provide supporting declarations about your relationship.
Remember that if your social pillar isn’t publicly available, then use your relationship statements to explain why.
Country-specific safety considerations
For some couples, openly documenting their relationship simply isn’t safe. I’ve worked with a lot of same-sex couples from these higher risk countries where disclosing their relationship simply wasn’t safe.
If this applies to you, it’s important to think carefully about how your evidence is presented. There are ways of providing evidence that demonstrates your relationship while protecting your safety wherever possible.
Where your circumstances involve significant legal or personal risk, or where you’re unsure how to explain gaps in your evidence, this is often a situation where obtaining advice from a Registered Migration Agent is worthwhile.
I know I always say it, but it’s worth the reminder. Partner Visas are subjective and every relationship looks different.
For LGBTQ+ couples, those differences can sometimes affect what evidence is available, but they don’t actually change the legal requirements for an Australian Partner Visa. If you think your evidence might be lacking in certain areas then you’ve taken a step in the right direction already. You’ve recognised that more work might need to be done around some of the pillars of evidence, and now you can work on ways to fill those gaps.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
