Same-Sex Couples and the Partner Visa
Same-sex couples apply for the same partner visa, on the same criteria and for the same charge, from A$11,710 for most applicants as at 1 July 2026, and a same-sex marriage is recognised if it was valid where it took place, including one before 9 December 2017.
There is no separate same-sex or LGBTIQ+ partner visa. The definitions of spouse and de facto partner in ss 5F and 5CB of the Migration Act 1958 (Cth) apply "whether of the same sex or a different sex", as they have since the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (Cth) amended the Act from 1 July 2009. This page was checked against those Acts on 23 September 2026.
| Your situation | Partner visa route | What is recognised | Provision |
|---|---|---|---|
| Married in Australia on or after 9 December 2017 | Spouse (820/801 or 309/100) | A marriage under the Marriage Act 1961 (Cth) | Migration Act s 5F |
| Married overseas where same-sex marriage was lawful, before or after 9 December 2017 | Spouse (820/801 or 309/100) | A foreign marriage recognised under Part VA of the Marriage Act 1961 (Cth) | Migration Act ss 5F and 12; Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) Sch 1 item 70 |
| Not married, together 12 months or more | De facto (820/801 or 309/100) | A de facto relationship | Migration Act s 5CB; Migration Regulations reg 2.03A(3) |
| Not married, together less than 12 months, relationship registered in an Australian state or territory | De facto, with the 12 months removed | A registered relationship | reg 2.03A(5) |
| Engaged, planning to marry in Australia | Prospective Marriage visa (subclass 300) | An intended marriage that will be valid | Sch 2 cl 300.211 |
Is there a separate partner visa for same-sex couples?
No. The same subclasses, the same charge and the same four matters in reg 1.09A and reg 1.15A of the Migration Regulations 1994 (Cth) apply to every couple. The history in one sentence: same-sex partners once applied under a separate interdependency category (the regulations still list the old Interdependency subclasses 110, 310, 814 and 826), the de facto route opened to them on 1 July 2009, and marriage on 9 December 2017. The criteria are set out under partner visa requirements.
Is a same-sex marriage recognised for a partner visa?
Married in Australia
Yes. Same-sex marriage has been possible under the Marriage Act 1961 (Cth) since the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) commenced on 9 December 2017.
Married overseas
Yes, if the marriage was valid under the law of the country where it took place and is not excluded by Part VA of the Marriage Act 1961 (Cth), which s 12 of the Migration Act 1958 (Cth) applies to visas. Item 70 of Schedule 1 to the 2017 Act makes Part VA apply to marriages made before 9 December 2017 as well, so an overseas same-sex marriage from earlier years counts. The Part VA exceptions, and how online and proxy ceremonies are treated, are on the overseas, online and proxy marriages page.
What partner visa route applies if you cannot marry or register where you live?
The de facto route. You need 12 months as a de facto couple before you apply, unless an exemption in reg 2.03A applies. One exemption is registering the relationship in one of the 6 Australian states and territories that run a relationship register, but most of them need at least one partner living there. The registries are listed on the page about registering your relationship, and the full test is on the de facto partner visa page.
How do you show a partner visa relationship that is not openly acknowledged?
Evidence still comes under the same four matters: financial, household, social and commitment. Where a relationship has had to be kept private, the evidence often leans on:
- private communications over time, such as messages, calls and emails
- joint finances, such as shared accounts, transfers and bills
- statements from people who do know about the relationship. The Department asks for statements from 2 witnesses aged 18 or over who know you both, which can be given on Form 888 for a partner visa.
Under reg 1.09A(2) and reg 1.15A(2), the Department must consider all the circumstances of the relationship, so the evidence is weighed as a whole. A written account of why the relationship was not public helps explain the gaps.
Questions about same-sex partner visas
How long do you need to be together for a same-sex partner visa?
A de facto couple needs 12 months, unless the relationship is registered in an Australian state or territory or another exemption applies. A married couple has no minimum period.
Does the sponsor's gender matter for a partner visa?
No. The Act's definitions apply whether the partners are of the same sex or a different sex.
Can I get an LGBT protection visa?
That is a different visa, a protection visa, and this guide does not cover it.
De facto couples and the partner visa
- For the de facto test, the 12-month rule and registration, see de facto partner visa.
- For every condition an applicant and sponsor must meet, see the partner visa requirements page linked above.
The criteria are the same for every couple, but proving a relationship that could not be public takes care. A registered migration agent or an Australian legal practitioner knows how to present that evidence, so an application they prepare is more likely to succeed. Nobody can promise a grant.
Questions people ask
Is there a separate partner visa for same-sex couples in Australia?
No. Same-sex couples apply for the same partner visas, subclasses 820 and 801 or 309 and 100, on the same criteria. The Migration Act 1958 defines a spouse and a de facto partner "whether of the same sex or a different sex".
Is an overseas same-sex marriage recognised for an Australian partner visa?
Yes, if it was valid under the law of the place where it took place and is not excluded by Part VA of the Marriage Act 1961. Since 9 December 2017, Part VA applies to same-sex marriages, including marriages that took place overseas before that date.
How long do you need to be together for a same-sex partner visa?
The same as any couple. A de facto couple needs 12 months together before applying unless the relationship is registered in an Australian state or territory or another exemption applies. A married couple has no minimum period.
Can I get an LGBT protection visa in Australia?
That is a different visa, a protection visa, and this guide does not cover it.
Sources
Primary sources this page was checked against on 23 September 2026.
- Migration Act 1958 (Cth), ss 5CB, 5F and 12 www.legislation.gov.au
- Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), Sch 1 item 70 www.legislation.gov.au
- Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (Cth), Sch 10 Part 2 www.legislation.gov.au
- Marriage Act 1961 (Cth), Part VA www.legislation.gov.au
- Migration Regulations 1994 (Cth), regs 1.09A, 1.15A and 2.03A; Sch 1 items 1124B and 1129 www.legislation.gov.au