Partner Visa for LGBTQIA and LGBTQ+ Couples in Australia

The legal position, in the actual words of the Act

Two provisions of the Migration Act 1958 do all the work. Section 5F defines who is a spouse: "For the purposes of this Act, a person is the spouse of another person (whether of the same sex or a different sex) if, under subsection (2), the 2 persons are in a married relationship." Section 5CB defines who is a de facto partner in the same terms: a person is the de facto partner of another person "(whether of the same sex or a different sex)" if they are in a de facto relationship, meaning they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they are not related by family.

These aren't recent additions. The sex-neutral "de facto partner" definition was inserted by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008 and took effect for migration purposes from 1 July 2009 — so a same-sex de facto partner has qualified for an Australian partner visa on exactly the same footing as an opposite-sex de facto partner for over 15 years. What changed in 2017 was narrower but significant: before the Marriage Amendment (Definition and Religious Freedoms) Act 2017, section 5F's married-relationship pathway was only available to a same-sex couple if they had married and Australia recognised that marriage — and Australian marriage law only allowed opposite-sex marriage. The 2017 Act received royal assent on 8 December 2017 and commenced the next day, 9 December 2017, changing the Marriage Act 1961's definition of "marriage" itself to "the union of 2 people to the exclusion of all others, voluntarily entered into for life" — removing the reference to a man and a woman entirely. From that date, a same-sex couple could marry in Australia and use the married-relationship pathway (s5F) rather than only the de facto pathway (s5CB).

The practical upshot: if you're applying as a de facto same-sex couple, the law has treated you identically to an opposite-sex de facto couple since 2009. If you're married, it has treated you identically since 9 December 2017. There is no separate "same-sex partner visa" subclass, no different form, and no different fee scale in either case.

Overseas same-sex marriages: are they recognised?

Generally yes, and the mechanics of why are worth knowing because they affect how you present evidence. Before the 2017 reform, section 88EA of the Marriage Act 1961 specifically provided that a union solemnised in a foreign country between two people of the same sex was not a marriage for Australian law, even if it was valid where it took place. The Marriage Amendment (Definition and Religious Freedoms) Act 2017 repealed section 88EA outright. With that specific carve-out gone, a same-sex marriage validly entered into overseas is assessed under the same general foreign-marriage recognition rules in Part VA of the Marriage Act that apply to any foreign marriage — broadly, that it was valid under the law of the place where it was solemnised, both parties had reached a marriageable age, there was real consent, and the marriage isn't one Australia refuses to recognise on public policy grounds (such as a marriage to a close relative). If your marriage overseas would clear those general tests for an opposite-sex couple, there is no separate same-sex-specific barrier left in the Act.

One thing to check on your own timeline: a marriage that was NOT legally valid where and when it was performed does not become valid retroactively just because that jurisdiction later legalised same-sex marriage. If you held a religious or symbolic ceremony somewhere without legal same-sex marriage, that ceremony is evidence of commitment for a de facto or married-relationship case, but it is not itself a valid marriage for section 5F purposes unless it was legally registered under a law that recognised it as marriage at the time.

State and territory relationship registers

A registered relationship isn't a separate visa pathway, but it is evidence — a state government certifying, before you ever apply for a visa, that your relationship exists. Six jurisdictions run a register open to same-sex couples on the same terms as opposite-sex couples:

- **New South Wales** — the Relationship Register, run by NSW Registry of Births, Deaths and Marriages. Registration costs $198 plus a $70 standard certificate; at least one partner must live in NSW; processing includes a 28-day cooling-off period, so budget up to about seven weeks end to end.
- **Victoria** — registered through Births, Deaths and Marriages Victoria under the caring/registered relationships scheme; fee is around $250–$255; one partner must live in Victoria; a 28-day process applies.
- **Queensland** — civil partnerships, registered through the Registry of Births, Deaths and Marriages via a Queensland Magistrates Court or QGAP office; both partners must be 18+ and at least one must live in Queensland.
- **South Australia** — the Relationships Register Act 2016 established SA's register, administered by Births, Deaths and Marriages SA, in force from 1 August 2017; open to couples "irrespective of their sex or gender identity."
- **Tasmania** — register a "significant relationship" (or a "caring relationship") with Births, Deaths and Marriages Tasmania; the deed is registered 28 days after lodgement, provided neither party is married or already party to another deed.
- **Australian Capital Territory** — civil partnerships under the Domestic Relationships Act 1994, registered through Access Canberra at no fee, open to any two adults regardless of sex; the ACT's earlier Civil Unions Act scheme was made redundant once the 2017 marriage reform passed and no longer accepts new registrations.

**Western Australia and the Northern Territory do not run a relationship register at all** — for either same-sex or opposite-sex de facto couples. If you live in WA or the NT and want a registered relationship as evidence, some couples register interstate if they can satisfy that state's residency test (check the specific state's rules before relying on this), or simply build the de facto evidence case without a register, which remains a completely valid path — registration is supporting evidence, not a legal requirement for a partner visa.

Evidence when part of your relationship couldn't be public

This is the genuine practical difference for LGBTQIA applicants, and it deserves an honest answer rather than a reassuring one. Home Affairs' published partner visa material does not contain a specific, named policy addressing applicants who could not be open about a same-sex relationship in their home country for safety or legal reasons. There is no separate evidentiary standard, no relaxed pillar, and no official checklist item for this. What exists instead is the same four-pillar framework everyone uses — financial aspects, the nature of the household, social aspects, and the nature of your commitment, set out in regulation 1.15A for married couples and 1.09A for de facto couples — and a decision-maker applying it to whatever evidence you actually have.

In practice, that means two things. First, the "social aspects" pillar (representing yourselves to others as a couple, friends' and acquaintances' opinions about the relationship, joint social activities) is the one most likely to be thin for the period before you could be open, and there is no shortcut around that — you build the strongest case you can from the evidence that does exist (private communications, financial support, travel together, evidence from the small circle who did know) and you lean harder on the other three pillars for that period. Second, evidence from any period after the relationship became safe to be open about — after arriving in Australia, after leaving the country of concern, or after a change in your specific circumstances — carries real weight and is worth documenting thoroughly from that point forward. A written statement explaining the safety or legal context for why documentation is thin in an earlier period is standard practice and is exactly the kind of context a case officer needs to weigh what is actually in front of them, rather than assume a documentation gap means the relationship wasn't genuine.

Form 888 and statutory declaration witnesses

Form 888 (Statutory declaration by a supporting witness for the purposes of Migration Regulations 1994) is the standard form both married and de facto partner visa applicants use to get independent people — Australian citizens, permanent residents, or eligible New Zealand citizens who have known you both for at least 12 months — to attest to the genuineness of the relationship. There is nothing LGBTQIA-specific about the form itself, but the practical question of who can act as a credible Form 888 witness matters more if your relationship has only recently become visible to a wider circle. Witnesses need to be able to speak, from personal knowledge, to your relationship's history and current state — not just confirm they've met you both. If your circle of people who've known about the relationship for 12+ months is small, prioritise witnesses who can say something specific and detailed rather than collecting a larger number of thin, generic statements; the four-pillar test rewards depth and consistency, not volume.

The visa routes: 820/801 onshore, 309/100 offshore

The route depends on where you apply from and where you'll be for the decision, not on the type of relationship. **Onshore** applicants (already in Australia, generally on a substantive visa) apply for the Partner (Temporary) visa, subclass 820, lodged together with the Partner (Residence) visa, subclass 801. The 820 is a bridging-style temporary visa that lets you stay in Australia while the case is assessed; when the relationship is later found to still be genuine and continuing (generally assessed no earlier than two years after you first applied), the permanent 801 is granted. **Offshore** applicants (outside Australia at the time of application, or choosing to apply from outside) use the Partner (Provisional) visa, subclass 309, which leads to the permanent Partner (Migrant) visa, subclass 100, on the same two-stage timeline. Both routes assess the same relationship criteria under sections 5F/5CB and regulations 1.15A/1.09A; the only difference is where you are for the process and which visa item on the Department's fee schedule applies. Same-sex and opposite-sex couples use exactly the same subclasses — there is no parallel same-sex track.

What it costs, as at 1 July 2026

Partner visa fees are indexed and change on 1 July each year, so treat these as the current figures rather than a permanent number. Under the Migration Regulations 1994, Schedule 1, item 1124B, the base application charge for a Partner (Residence) (Class BS) visa — the same schedule item used for both the 820/801 and 309/100 pairings — is **$11,710** for most applicants as at 1 July 2026, plus $5,860 for an additional applicant aged 18 or over and $2,935 for an additional applicant under 18. Applicants who hold a valid passport issued by a Pacific-regional country pay a reduced base charge of $9,600 under the same item, reflecting Australia's Pacific Engagement settings. These are government charges only — they don't include health examinations, police checks, translations, or a migration agent's professional fees if you use one. Because the figures move every 1 July, confirm the exact current amount before you pay, rather than relying on any article's number, including this one.

What the framework doesn't decide for you

Knowing the law is equal doesn't make a genuinely mixed-evidence case straightforward to present. A case officer is still applying a four-factor evidentiary test to your specific documents, and the file that works best is the one that's organised around those four factors, addresses evidence gaps directly with context rather than silence, and uses witnesses who can speak specifically rather than generically. If your relationship crosses a period where you couldn't be open, or involves an overseas marriage whose recognition status isn't obvious, or a state without a relationship register, that's the point where a second, experienced set of eyes on the evidence file is worth more than another hour of general reading. Migratio is Australia's marketplace for finding and comparing MARA-registered migration agents — you can get matched with an agent who has handled partner visa cases like yours rather than starting from a generic template.

Is there a separate partner visa for LGBTQIA couples in Australia?

No. Australia does not have a distinct same-sex or LGBTQIA partner visa subclass. Section 5F (spouse) and section 5CB (de facto partner) of the Migration Act 1958 both apply "whether of the same sex or a different sex," so LGBTQIA couples use the identical 820/801 (onshore) or 309/100 (offshore) subclasses, forms, evidence rules and fees as any other couple.

When did same-sex partner visas become legal in Australia?

Same-sex de facto partners have qualified for a partner visa since 1 July 2009, when the Same-Sex Relationships (Equal Treatment in Commonwealth Laws) reforms took effect for migration purposes. The married-relationship pathway (section 5F) opened to same-sex couples on 9 December 2017, when the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced and redefined marriage in the Marriage Act 1961 as the union of two people regardless of sex.

Are same-sex marriages performed overseas recognised for an Australian partner visa?

Generally yes. Section 88EA of the Marriage Act 1961, which previously excluded overseas same-sex marriages from recognition, was repealed by the 2017 marriage equality reform. An overseas same-sex marriage is now assessed under the same general foreign-marriage recognition rules as any other overseas marriage — valid where performed, both parties of marriageable age, genuine consent, and not a marriage Australia refuses to recognise on other grounds.

Which states have a relationship register same-sex couples can use as partner visa evidence?

New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory all run a relationship register open to same-sex couples on the same terms as opposite-sex couples. Western Australia and the Northern Territory do not have a relationship register.

What if I couldn't be open about my relationship in my home country — will that hurt my application?

Home Affairs has no published, named policy softening the evidence rules for this situation — the same four-pillar test (financial, household, social, commitment) applies. In practice, applicants in this position build the strongest case they can from what exists for the earlier period, document thoroughly from the point the relationship became safe to be open about, and use a written statement to give the case officer context for any gap, rather than leaving it unexplained.

Do de facto same-sex couples need to register their relationship before applying?

No. Registering your relationship with a state or territory register is supporting evidence, not a legal requirement. A de facto partner visa can be granted on the strength of the four-pillar evidence alone; a registration certificate simply adds an independent, government-issued document to that evidence.

How much does a same-sex partner visa cost in Australia?

The same as any partner visa: as at 1 July 2026, the base application charge under Schedule 1 item 1124B of the Migration Regulations 1994 is $11,710 for most applicants (plus $5,860 for an additional applicant 18 or over, $2,935 for one under 18), or $9,600 base for applicants holding a passport from an eligible Pacific-regional country. Fees are indexed and change on 1 July each year.