Question of the Week



Same Sex Partner Visa and Permanet Residency

Category: Partner Visa

Question asked

My partner is in Australia at the moment on a Tourist Visa from Argentina. We have been dating on and off for a four years and would like to make our situation more permanent. My partner and I are looking in the future (Actually as soon as we can) to get married. We would be a Same Sex Marriage.

Originally the place where I work was desperately trying to get a chef for our busy restaurant. We have tried many chef and they just did not make the grade. They are more than happy to sponsor him if required and he can fill a much needed are in our kitchen as a Kitchen Manager. However now our personal situation has changed and we want more than anything to make this a more permanent situation.

I have read endlessly about Sponsorship with the work and marriage and at the end of the day we really want to get married and for him to be able to work here. I have even read that the cost is over $7k to do this so we wanted to confirm this as well. Ideally we are travelling to Japan on a little holiday in June 20th and would love more than anything to get married before we go.

Logistically I understand that this may not be able to happen but we just need someone to advise us what we can and cant do. We do not want to jeopardise my partners current Visa and his ability to visit. My partner is over 31 this year so I am told age makes a difference as well. Please Help and point us in the correct direction or who we can talk too. If there is costs involved for advice can you please let us know also so we can progress with this as quickly as possible.

W.

Answer provided by Migration Agent

Same Sex Partner Visa Application: Thank you for your query visa on the Ask An Agent Portal.The good news is since 9 December 2017, Australian marriage laws and immigration laws have allowed for same sex couple to apply for a partner visa.

Partner visa cost is $7,160 (plus 1.1% to 1.4% surcharge for payments made by credit card). Your partner’s age is not an issue if applying for a partner visaifhe is above 18 years of age.The age is only considered relevant when applyingfor a work visa (eg; applying to workas a chef at a restaurant).

If you wish to travel and logistically cannot get married before the visa application or traveldate to Japan,then you can still apply for a partner visa on de facto relationship basis.

Strategy for your partner visa application: You and your partner do not have to be married to apply for a partner visa. You can apply as a De Facto couple. And as you mentioned you have been in a relationship with him for the past 4 years which demonstrate genuine relationship. Your partner can apply for a de facto partner visa while in Australia on a touristvisa. Once he applies within Australia, he will be given a Bridging Visa A (BVA). This BVA allows him to stay in Australia until the immigration department decides on his visa application.

Generally, the decision may take anywhere between 12–16 months.While on BVA, you partner will have full working rights. On BVA you cannot travel overseas and must remain in Australia. However, if you wish to travel as per your plans to go to Japan in June 2019 then you will need to seek approval from the immigration department. To seek approval, you will need to apply for a Bridging Visa B (BVB). This visa is same as BVA however it gives you travel rights. Immigration department generally approves this visa easily and within 3-5 business days. The above strategy will not jeopardise your partner’s visa or his tourist visa as long as he applies for the partner visa before his tourist visa expires.

We assist couples lodge partner visa applications all the time. If you wish us to prepare and lodge the partner visa on your behalf, then we will be morethan happy to assist.

If you need further services from myself please contact Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Migration Agent

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