The Queer Move: 3 FAQs

29 June 2016
 Categories: , Blog


Same-sex marriages are not legally recognized by the Australian constitution. However, those who identify as gay or lesbian can still enjoy a legally-recognized life with their partners in Australian territories by living as de-facto partners.

Many of those attracted to the same sex often have a difficult time finding love the conventional way. For this reason, many gay and lesbian individuals resort to social networks and online dating platforms in their search for love, which sometimes leads their search to another country. This article provides answers to three questions that you may have about moving to Australia as a de-facto same-sex partner.

What Are Some Possible Reasons For Visa Denial?

Your application for a partner visa may be rejected for various reasons. One common reason is that it may have been determined that the relationship with your partner is a marriage of convenience. A marriage of convenience is a fraudulent arrangement meant solely to grant you entry into Australia.

Your relationship might be seen as a marriage of convenience if you're unable to provide sufficient evidence of that the relationship with your Australian partner is a "genuine and ongoing". Examples of such evidence include joint lease agreements, evidence of constant contact, shared bank accounts and evidence that a sexual relationship exists between you and your partner.

Other reasons include failure to meet the minimum health requirements spelt out for the kind of visa you're applying/have applied for.

What Next After A Rejected Application?

If you applied/intend to apply for a visa when already in Australia, you can appeal a negative decision on your application. Perhaps you and your partner may both be financially independent and you relationship isn't necessarily sexual. A competent immigration consultant can help to assess the viability of an appeal, depending on the specific circumstances of your case.

If you applied/intend to apply for a visa from an overseas country, you may not be able to appeal the decision to deny you a visa. However, you can re-apply for the travel document. In a large number of cases, there's no mandatory waiting period before you're allowed to re-apply.

What Happens If The Relationship Ends After A Visa Has Been Granted?

In such a scenario, you might be given a specific time frame within which you should leave the country once the relationship is over.

However, you may be eligible to stay in Australia under special circumstances (e.g. if you and your spouse have adopted children). If you wish to remain in Australia, you can apply for another type of visa for which you are eligible.