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Partner Visa (LGBTI)

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Emigrate Lawyers | Immigration & Family Lawyers Emigrate Lawyers | Immigration & Family Lawyers
LGBTIQ+ partner visa lawyers · Australia

LGBTIQ+ partner visa lawyers who understand your relationship.

Strategic, confidential Australian partner visa advice for same-sex, trans, gender-diverse and queer couples—married, de facto, together in Australia or living across borders.

Discreet from the first conversation. Tell us how and when it is safe to contact you.
Two men together beneath a rainbow flag, representing a same-sex partner visa relationship

Built around your real story

Your relationship does not need to fit someone else’s template.

01 Australian lawyers Legal strategy and representation
02 APAC Insider 2025 Best Immigration Law Firm—Australia
03 Lawyers Weekly 2026 30 Under 30 Migration winner
04 Excellent client rating More than 200 Google reviews

LGBTIQ+ partner visas at a glance

Same partner visa pathways. Advice shaped around your circumstances.

Australia does not have a separate “gay partner visa” or “LGBTI visa” subclass. Eligible same-sex and gender-diverse couples apply through the ordinary partner visa pathways.

  • Applicants may qualify as a spouse or de facto partner.
  • The sponsor is generally an Australian citizen, permanent resident or eligible New Zealand citizen.
  • The relationship must meet the legal requirements for the selected pathway.
  • Location, current visa status and sponsorship history can affect strategy.
Compare all Australian partner visa options →
Two people embracing at an LGBTIQ+ Pride gathering
Every relationship has its own context, history and evidence.

Affirming legal support

Your evidence may look different. That does not make your relationship less real.

Some LGBTIQ+ couples cannot safely share their relationship with family, combine finances, live together openly or post their lives online. Others have faced long separations, previous names or identity documents that do not reflect who they are.

We identify the strongest available evidence and present a clear, legally relevant account of your relationship without judgment or unnecessary disclosure.

Australian partner visa pathways

Which partner visa may fit your relationship?

The right application depends on where you are, your current visa position and your relationship circumstances.

309/100 Outside Australia

Offshore Partner Visa

For eligible spouses or de facto partners applying from outside Australia. It is generally a two-stage provisional and permanent pathway.

Read about the Subclass 309/100 visa →
300 Planning to marry

Prospective Marriage Visa

For eligible applicants outside Australia who intend to marry their Australian citizen, permanent resident or eligible New Zealand citizen partner.

Read about the Subclass 300 visa →
12

De facto partner visa requirement

What does the 12-month de facto rule mean?

The Migration Regulations generally require a de facto relationship to have existed for the 12 months immediately before the partner visa application. Exceptions can apply, including for certain registered relationships or where compelling and compassionate circumstances are established.

Registration, timing and the evidence needed are fact-specific. Obtain legal advice before relying on an exception or delaying an application.

Discuss de facto eligibility →

Partner visa relationship evidence

Build the whole picture—not just a pile of documents.

Decision-makers consider multiple aspects of a relationship. We connect the evidence to the legal criteria and explain what a document alone cannot show.

View the evidence checklist →
01

Financial aspects

Shared accounts, expenses, assets, transfers and the practical ways you support one another.

02

Household arrangements

How you live, share responsibilities and make a home, including when distance or safety shapes your arrangements.

03

Social aspects

Friends, travel, events, messages and community connections, considered in the context of who it is safe to tell.

04

Mutual commitment

Your history, future plans, communication, emotional support and knowledge of each other’s lives.

LGBTIQ+ relationship evidence

We address the gaps before they become questions.

Authentic explanations matter. Never create conventional evidence that does not reflect how your relationship actually works.

01 You are not out to family, work or your wider community
02 You have lived apart because of visas, safety, culture or finances
03 Messages, calls and travel document much of your relationship
04 Previous or legal names and identity documents need careful explanation
05 You have limited joint finances, leases or traditional social evidence
06 A previous visa, relationship or sponsorship history makes the matter complex

Common partner visa mistakes

Strong applications are consistent, specific and easy to follow.

01

Generic relationship statements

Statements should explain your own timeline, decisions and future plans rather than repeat a template.

02

Unexplained date differences

Forms, statements and documents should be checked for inconsistent dates, addresses and relationship milestones.

03

Screenshot overload

Messages and social evidence need selection, dates and context—not thousands of unstructured pages.

04

Relying only on marriage

A marriage certificate does not by itself prove that a relationship is genuine and continuing.

05

Ignoring visa history

Current status, visa conditions, Schedule 3 issues and previous refusals may change the available strategy.

06

Leaving gaps unexplained

A clear explanation can be essential where safety, culture, distance or privacy limits conventional evidence.

How Emigrate Lawyers helps

Clear strategy. Careful evidence. Human support.

From the first eligibility assessment to lodgement and Department correspondence, your matter is guided by an Australian legal team.

01

Confidential consultation

We listen, identify risks and explain the realistic pathways available.

02

Tailored evidence plan

You receive clear guidance on what to collect, explain and leave out.

03

Legal preparation

Our lawyers prepare the application strategy, statements and submissions.

04

Ongoing representation

We manage the process and respond strategically to Department requests.

Members of the Emigrate Lawyers legal team
Members of the Emigrate Lawyers team

A focused Australian legal team

Your matter is prepared with legal judgment—not a generic template.

Our Australian lawyers work with a dedicated LGBTIQ+ Client Advocate to make every interaction respectful, comfortable and responsive to your circumstances.

Lawyer-led strategy Pronouns and identity honoured Contact preferences recorded Fixed fees agreed in advance
Meet with our legal team →

Client confidence

Excellent Rated across more than 200 Google reviews Review information checked 29 August 2026.

“Outstanding legal service! Professional, responsive, and highly knowledgeable.”

Sushan Pujari · Google review

“Professional, transparent, and efficient from start to finish.”

Biraj Rai · Google review

Related legal information

Australian partner visa resources

Explore detailed guides from Emigrate Lawyers before your consultation.

LGBTI partner visa FAQs

Start with clarity.

These general answers are a starting point. A consultation lets us advise on your relationship, visa history and timing.

Ask an immigration lawyer →
Is there a separate gay or LGBTI partner visa in Australia?
No. There is no separate partner visa subclass based on sexual orientation or gender identity. Eligible same-sex and gender-diverse couples use the same partner visa pathways and must meet the same legal requirements as other couples.
Can same-sex and gender-diverse couples apply for a partner visa?
Yes. Eligible spouses and de facto partners can access Australia’s partner visa pathways regardless of sex, sexual orientation or gender identity. The ordinary visa, sponsorship, health, character and relationship requirements still apply.
Do we need to be married?
Not necessarily. A person may be eligible as a spouse or de facto partner, depending on the visa pathway and their circumstances. A marriage certificate alone does not replace evidence that the relationship is genuine and continuing.
Does the 12-month de facto relationship rule always apply?
The Migration Regulations generally require a de facto relationship to have existed for the 12 months immediately before application. Exceptions may apply, including for certain registered relationships or where compelling and compassionate circumstances are established. Legal advice should be obtained before relying on an exception.
What if we are not out to our families or community?
That does not automatically prevent a strong application. Social evidence is only one part of the assessment. We can help explain why disclosure may be unsafe or culturally difficult and identify credible evidence that reflects your actual relationship.
Can a long-distance couple apply for an Australian partner visa?
Living apart does not automatically mean a relationship is ineligible. The reason for the separation, the continuity of the relationship and evidence of communication, visits, support and future plans will be important. The available visa pathway also depends on the applicant’s location and circumstances.
What if we have limited joint documents?
It can require careful preparation, but every couple organises life differently. A coherent evidence plan can draw on finances, household arrangements, social recognition and commitment, with clear explanations where conventional documents do not exist.
Will our consultation be confidential?
Yes. We understand that privacy can be critical. Consultations are handled discreetly, and our lawyers’ professional duties include protecting client confidentiality, subject to limited exceptions required by law.

Your next step can be private

Talk with an LGBTIQ+ partner visa lawyer about the safest path forward.

Our LGBTI-Friendly Legal Support

At Emigrate Lawyers, we proudly support and stand with the LGBTI community. We don’t just accept diversity—we celebrate it. We understand that applying for a partner visa as an LGBTI couple can be challenging. We are here to give you the respectful and inclusive support you need.

Our team creates a safe and confidential environment where your identity, name, and pronouns are honoured. We provide personalized legal help. We assist you in gathering the right evidence and meeting eligibility requirements. We also guide you through the visa process with clarity and confidence.

You can trust Emigrate Lawyers to support you at every step. They are dedicated to helping you and your partner build a life together in Australia.

CONTACT US NOW TO BEGIN YOUR LGBTI PARTNER VISA JOURNEY WITH TRUSTED LEGAL SUPPORT.

Three women in business attire pose together in a modern office setting with large windows and a blue sky in the background, representing the professional team at Emigrate Lawyers.

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