Australia has celebrated full marriage equality since December 2017. Consequently, same-sex partner visa Australia applications now utilize the exact same subclasses, fees, and evidence rules as opposite-sex couples. This comprehensive guide explains what that means in practice for your 2026 application.
Key takeaways
- The same-sex partner visa Australia pathway uses identical subclasses (820/801, 309/100, 300) as opposite-sex couples.
- Marriage equality has applied since December 2017. Overseas same-sex marriages are recognized if valid in the country they were performed.
- Application fees for 2026 are $9,365, with standard processing times and the same four pillars of evidence required.
- De facto couples must demonstrate 12 months of cohabitation or utilize a registered relationship to waive this requirement.
- Couples from countries where same-sex relationships face stigma may have unique evidence challenges. However, the Department assesses these cases holistically.
In this guide
1. Equal rights since 2017
The same-sex partner visa Australia framework remains fully equal. Since the Marriage Act changes in December 2017, same-sex and opposite-sex couples have held identical rights under migration law. Furthermore, this equality ensures that all applicants are judged on the merits of their relationship rather than their orientation.
That means same subclasses, same fees, same evidence standards, and same processing times. As a result, you won’t find a separate “same-sex partner visa” in the Department’s portal. Instead, there is just the partner visa, and the same rigorous rules apply to everyone.
The law is clear, but the practice can be different. Couples from countries where same-sex relationships face stigma sometimes possess less traditional evidence. For instance, they might lack joint accounts or family photos. The Department understands this and assesses cases holistically.
2. Visa options available to you
Three partner visa pathways exist, and all are available equally. Consequently, your strategy depends on where you are currently located during the application process.
| Pathway | Who it’s for | Fee (2026) |
|---|---|---|
| 820/801 (Onshore) | Couples already in Australia together | $9,365 |
| 309/100 (Offshore) | Applicant outside Australia at lodgement | $9,365 |
| 300 (Prospective Marriage) | Engaged couples planning to marry in Australia | $9,365 |
So the choice depends on your current location and relationship status—not your gender or sexual orientation.
3. If you’re married
Australian marriages
Same-sex marriages performed in Australia since December 2017 are fully valid for partner visa purposes. You will simply need to provide your official marriage certificate from the relevant State Registry of Births, Deaths, and Marriages.
Overseas same-sex marriages
Australia recognizes same-sex marriages legally performed in countries where they are recognized by law. This includes jurisdictions like the UK, US, Canada, Germany, New Zealand, and many others. However, if you married in a country that did not legally recognize the marriage at that specific time, it may not be valid here.
Common cases where overseas marriages are recognized:
- Marriages in countries with full marriage equality (UK, Canada, US, NZ, most of Europe, etc.)
- Civil partnerships from countries where they have legal marriage status
If your marriage certificate is not in English, you must obtain a NAATI-certified translation to satisfy Department requirements.
4. If you’re de facto
The 12-month rule applies equally to all de facto applicants. Specifically, you need to prove a committed shared life for at least 12 months before lodging. Consequently, purely online or long-distance dating does not qualify, regardless of the duration of your connection.
However, two specific exemptions apply:
- Relationship registration — covered in Section 5 below. This is often the most useful tool for same-sex couples.
- Children of the relationship — if you have a child together (biological or adopted), the 12-month rule is waived.
When couples were forced to live separately
Some same-sex couples could not openly live together in their home country due to significant legal or safety risks. The Department recognizes this reality and accepts evidence of “constructive cohabitation.” This involves showing that the relationship would have been a shared life if circumstances had permitted.
Therefore, if this applies to you, document everything including communications, visits, and financial support. The story of why you could not live openly together is a vital part of the evidence, not an obstacle to it.
5. Relationship registration — your most powerful tool
Registering your relationship with an Australian state authority effectively waives the 12-month rule. As a result, you can lodge your application as soon as registration is finalized, typically within 28 days.
Registration is available in:
- New South Wales · Victoria · Queensland · South Australia · Tasmania · ACT
Western Australia does not currently offer relationship registration for visa purposes. Consequently, WA-based couples need to marry, register interstate if eligible, or wait the full 12 months.
Why this matters for same-sex couples
For couples from countries where they could not openly partner, registration creates a clear legal start date in Australia. So even if early evidence is thin, registration provides a robust anchor point for your same-sex partner visa Australia application.
6. Evidence: the four pillars
The Department utilizes the same evidence framework for every partner visa. Specifically, you must address the four pillars of a genuine relationship:
| Pillar | Expert Examples |
|---|---|
| Financial | Joint accounts, shared bills, life insurance beneficiary |
| Household | Joint lease, utilities in both names, mail to same address |
| Social | Photos at events, Form 888 declarations from friends, social media |
| Commitment | Wills, communication history, future plans, registration certificate |
The Department seeks quality across all four pillars rather than depth in just one. As a result, a strong application demonstrates consistent evidence across the entire board.
7. When your home country isn’t supportive
Couples from countries where same-sex relationships are not legally recognized often face unique challenges. Common situations include:
No joint financial history
Joint accounts may have been impossible or unsafe back home. Consequently, you should lean on Australian-based financial evidence once you are together here. Open joint accounts early, add each other as super beneficiaries, and share household bills immediately.
Absence of a public relationship
You may not have been able to be openly together with family or friends. Therefore, Form 888 statutory declarations from people who knew about your relationship privately carry significant weight. In fact, even a small circle of supportive witnesses can validate your claims.
Limited photographic evidence
Public photos may have been risky. However, private photos still count—at home, on holidays in safer places, or with supportive friends. Furthermore, communication records (texts, emails, video call logs) help establish continuity even where photos are thin.
Explaining your unique situation
The personal statements from both partners are critical here. You must explain honestly why traditional evidence is limited. The Department understands that international LGBTQ+ couples face real barriers, and a clear written narrative helps case officers assess the relationship in context.
8. Common concerns
“Will my application be treated differently?”
No. The legal framework is identical and case officers receive comprehensive equality training. However, some couples worry about subjective bias. Therefore, working with a migration agent provides a documented case structure that does not depend on individual attitudes.
“What about safety after the visa grant?”
Australia is one of the most LGBTQ+ inclusive countries globally. Discrimination protections cover housing, employment, and services. Additionally, major cities have well-established communities and support networks.
“Can we apply for protection instead?”
If you face persecution specifically because of your sexual orientation, a protection visa may be an alternative pathway. However, this is a highly complex area. As a result, you should speak to a registered migration agent or lawyer before deciding between partner and protection visa routes.
9. Frequently asked questions
Are same-sex partner visas a separate visa subclass?
No. There is no separate same-sex partner visa. The standard partner visa subclasses (820/801, 309/100, 300) apply equally to all couples.
Is my overseas same-sex marriage recognized in Australia?
Generally yes, if it was legally valid in the country where it took place. The UK, US, Canada, NZ, and most of Europe are recognized. You will need a NAATI-certified translation if the certificate is not in English.
What if we could not openly live together back home?
The Department understands this. You should document why traditional cohabitation was not possible and provide alternative evidence such as communications, financial support, and plans to relocate.
Is the fee different for same-sex couples?
No. The base application charge for the 2025–26 financial year is $9,365 for all partner visa applicants, regardless of sexual orientation.
Are processing times the same?
Yes. The 820 typically takes 12–24 months, the 309 takes 14–24 months, and the 300 takes 11–23 months for everyone.
Can we register our relationship if we are not citizens?
Yes. Most state schemes require proof of residence in that state rather than citizenship. Therefore, registration is open to most couples physically present in Australia.
Do we need different evidence than opposite-sex couples?
No. The four pillars apply identically. However, you may need to provide more contextual explanations if you are from a less-tolerant country.
Can same-sex couples include children in the application?
Yes. Dependent children (biological, adopted, or step-children) can be included as additional applicants with the standard additional charge.
Is it better to apply onshore or offshore?
This depends on where you are and your visa situation. Review our onshore vs offshore guide for a detailed comparison.
Should we use an agent experienced with LGBTQ+ cases?
While any MARA agent can assist, those with specific experience in complex LGBTQ+ cases may be more efficient at building a successful evidence narrative.
Take the free 2-minute quiz to see which pathway fits your situation—same rules, same support for everyone.
Related reading
About the author
Sam is the founder of Millennium Migration, based in Melbourne. He assists clients across Australia with partner, family and complex migration matters.
Sources
- Department of Home Affairs — Partner visa overview
- Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)
- Migration Act 1958 (Cth) — Section 5CB
- Department of Home Affairs — Visa processing times
This article provides general information only and is current as of May 2026. It does not constitute personal migration advice. Australian migration law changes frequently — verify current requirements at immi.homeaffairs.gov.au. For advice on your specific situation, take our quiz or contact Sam at Millennium Migration directly.