There is no separate visa Subclass. LGBTIQ+ couples apply for the same partner visa pathway as any other couple under Australian migration law. The relevant Subclass is 820/801 if the applicant is in Australia, or 309/100 if the applicant is outside Australia. Same-sex marriages have been legally recognised in Australia since 18 December 2017. Similarly, all same-sex de facto relationships are assessed under the same criteria as all de facto partner visa applications.
Onshore — Subclass 820/801 If your partner is in Australia at the time of lodgement, you apply for the Subclass 820/801. A Bridging Visa A is issued to most applicants shortly after lodgement, allowing your partner to remain in Australia lawfully and work while the application is assessed.
Offshore — Subclass 309/100 If your partner is outside Australia at the time of lodgement, you apply for the Subclass 309/100. Once the Subclass 309 is granted, your partner can travel to and remain in Australia while the permanent stage is assessed.
We can help you if:
Your eligibility for the same sex partner visa depends on your relationship, your partner's location, and your sponsor's status. The legal criteria are the same as for all partner visa applicants. Here is what to check first.
Where the applicant is from a country where same-sex relationships are criminalised, not legally recognised, or where disclosure carries genuine safety risks, the application requires careful and considered preparation. The Department of Home Affairs is required to assess applications in full context. Where social recognition evidence is limited because the relationship has not been publicly disclosed, this must be clearly explained with supporting context rather than simply left as a gap in the evidence. Name and gender marker inconsistencies across identity documents must also be addressed clearly before lodgement. We advise on all of these circumstances regardless of where in Australia your sponsor is based.
Every same sex partner visa application is assessed against two things: the strength of your relationship evidence across four categories, and whether you meet the mandatory health and character requirements. Both must be in order before lodgement.
Relationship evidence is assessed across four categories. Every category must be addressed at lodgement. LGBTIQ+ applicants are assessed against the same four categories as all other applicants. Where certain categories are more difficult to demonstrate due to safety or disclosure circumstances, the quality of evidence across the remaining categories and the clarity of contextual explanation become more important.
The strength of your application depends on how well each category is covered. The sponsor must also submit a separate sponsorship application at the same time. We advise on exactly what is required for your specific circumstances at the initial consultation.
Requirements vary depending on your specific circumstances. We confirm exactly what is needed at the initial consultation.
"We had already tried to put our application together ourselves and quickly realised how much we were missing. Partner Visa Lawyers reviewed everything, identified the gaps in our evidence, and lodged a complete application within weeks. We felt in control of the process for the first time."
"My situation was complicated. I had a previous visa refusal and my partner and I had spent long periods apart due to work. They understood the risks upfront, built submissions that addressed them directly, and kept us informed at every stage."
"The advice was specific, practical, and honest. We knew exactly what the Department would be looking for and what we needed to provide. No surprises. Just clear legal guidance from people who know partner visas inside out."
Knowing the full cost upfront lets you plan properly and move forward with confidence. Below is a breakdown of the Department's current government application charges.
In addition to the government application charge, most applicants will incur other costs as part of the process, including health examinations, police clearance certificates, and document translation where applicable. These vary depending on your individual circumstances and country of origin. Contact us for a full cost overview tailored to your situation.
The same sex partner visa uses the same processing framework as all partner visa applications. The stage that applies depends on whether your partner is applying onshore or offshore. Understanding both timelines helps you plan realistically.
