Australian Partner Visas

LGBTQ Partner Visa Australia

Same-sex and LGBTQ partner visas for Australia—eligibility, relationship evidence, onshore and offshore pathways, and advice from migration solicitors.

Updated October 2026 · 18 min read min read

Check eligibility

LGBTQ partner visa enquiry

Who Can Apply for an LGBTQ Partner Visa

Use this checklist to see whether you are likely to qualify before you gather evidence. Tick each item that applies to you.

Same-sex married couples

You are legally married to your partner. Your marriage certificate is an official document, not a ceremonial or commitment certificate.
Your partner (the sponsor) is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
Your relationship is genuine and continuing. Expect to show it through shared finances, shared living arrangements, social recognition and the day-to-day commitment you have to each other.
You understand that a marriage generally means you do not also need to prove 12 months of living together as de facto partners.
If you married overseas, you have kept the certificate and any records of the ceremony so the marriage's validity can be checked.

Same-sex de facto couples

You are not married, but you live together as a couple on a genuine, ongoing basis.
You can show 12 months of de facto relationship, or you may be able to address this by registering your relationship where a state or territory offers registration.
You have a mix of evidence covering the main parts of your life together: money, home, social life and commitment. If your family or community is not supportive, you have thought about what other proof can show the relationship is real.
If you are not yet married but plan to be, you have looked at the prospective marriage visa. The applicant generally needs to be outside Australia.
You have read our partner visa overview to compare the pathways before you commit to one.

Applying from inside or outside Australia

In Australia: you are in the country lawfully when you lodge. The onshore partner visa (subclasses 820/801) is usually the relevant option if you meet the criteria. See the onshore partner visa page.
Outside Australia: the offshore partner visa (subclasses 309/100) is usually the relevant option. See the offshore partner visa page.
If you apply onshore, you know you will generally be given a Bridging Visa A while the application is processed. A Bridging Visa A does not allow travel, so you would need a Bridging Visa B before leaving Australia.
If you apply offshore, or on a prospective marriage visa, you know bridging visas are generally not issued.
You have allowed for long processing times, which vary with demand and with how complete the application is.
You are unsure which category fits. Speak to one of our solicitors before lodging.

Choosing the Right Partner Visa Pathway

Onshore: subclasses 820/801

Generally the fit when your partner is already in Australia and you meet the criteria for a de facto or married relationship. See our onshore partner visa page for more detail.

Where you must be: you lodge while in Australia, and your sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen.
Staying lawfully while you wait: if you lodge while lawfully in Australia, you are generally granted a Bridging Visa A, which usually carries work and study rights.
Travel: a Bridging Visa A does not allow you to leave and return. If you need to travel, apply for a Bridging Visa B before you go.
Relationship timing: if you are not married, you will usually need to show 12 months of de facto living together. Registering your relationship in a state or territory that offers it may satisfy this. Marriage removes the 12-month requirement.

Offshore: subclasses 309/100

Generally the fit when you and your partner live outside Australia and you are applying from overseas. Our offshore partner visa page covers the process.

Where you must be: you apply from outside Australia, and the same sponsor rules apply as for the onshore pathway.
No bridging visa: offshore applicants are not given a bridging visa, so plan your living arrangements while the application is assessed.
Same relationship test: same-sex couples are assessed on whether the relationship is genuine and continuing, with evidence of shared finances, commitments and how you present as a couple.
Limited evidence: if family, cultural or religious pressures mean you have little joint documentation, we can help you choose the strongest evidence to present.

Not yet married and applying from overseas? The Prospective Marriage visa may suit couples who intend to marry. The applicant should be outside Australia, and couples who are already married should look at a partner visa instead.

Proving Your Relationship

Marriage and the 12-month de facto requirement

Work out which pathway applies to you before you collect any evidence. Married and unmarried couples are assessed differently.

Confirm whether you are legally married. Married same-sex couples are not expected to show 12 months of de facto living together.
If you are not married, count how long you have lived together as a couple. Note any gaps, such as periods living in different cities or countries, and be ready to explain them.
If you have talked about marrying but have not yet done so, check whether the Prospective Marriage visa fits better. The applicant generally needs to be outside Australia.
Check that your sponsor is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Confirm whether you are applying from inside or outside Australia, because that decides which partner visa applies. See the partner visa overview.

Relationship registration

Check whether your state or territory offers relationship registration, and whether you and your partner qualify to use it. Availability differs between jurisdictions.
Understand what registration may do for you. It may address the 12-month de facto requirement for couples who have not lived together that long.
Keep the registration certificate, and any application and correspondence, with your evidence file.
Remember that registration supports your application but does not replace evidence of a genuine, continuing relationship.

Evidence of a genuine relationship

The Department looks at the whole relationship, so collect material from several categories rather than relying on one type. Couples who face family, cultural or religious barriers often have less public evidence. That does not rule you out, but it does mean the evidence you have needs to be well organised and explained.

Financial ties: joint bank accounts, shared bills, loans or leases in both names, and records of one partner supporting the other.
Shared home: tenancy agreements, utility accounts, and mail or official letters addressed to you both at the same address.
Social recognition: photos together over time, invitations or messages addressed to you as a couple, travel records, and statements from friends and family who know you as partners.
Commitment: wills, insurance or superannuation nominations, and any plans you have made for a shared future.
Communication history: call logs, messages and visit records, especially if you have spent time apart.
Personal statements: a written account from each of you of how the relationship began and developed, consistent with the rest of your evidence.
Gap explanations: a short note for any thin periods, for example where safety or privacy concerns limited what you could document or share publicly.

Use the partner visa evidence checklist to match your documents to each category, and tell us early if your circumstances mean some categories will be sparse.

Bridging Visas While Your Application Is Processed

Check your bridging visa before you make plans. If you lodge an onshore partner visa while you are lawfully in Australia, you will generally be granted a Bridging Visa A. This usually lets you work and study without a set limit and gives you partial Medicare access . A Bridging Visa A does not let you travel and return. If you need to leave Australia, apply for a Bridging Visa B before you go . Applicants who apply from outside Australia, including those on a Prospective Marriage visa, are not given a bridging visa .

Partner Visa Processing Times

Processing times for LGBTQ+ couples are the same as for any other partner visa applicant. Same-sex couples are assessed under the same criteria and queues as everyone else. The bars below show each pathway. Current ranges move with Home Affairs workloads, so confirm each figure before publishing.