In 2008, the Commonwealth Government passed laws to recognise same-sex couples. These included changes to Australia’s migration and citizenship rules to give same-sex couples and their children the same entitlements as opposite-sex couples. These changes commence between March and July 2009.

What has changed?

 

Immigration

Presently, there is only one category of visa available to the same-sex partner of an Australian permanent resident or citizen: the Interdependency visa category.  You must have lived with your partner for at least 12 months and provide evidence that the relationship is genuine and continuing. A visa in this category is more costly.

For overseas same-sex couples, at present, same-sex partners can only apply to migrate to Australia together under one visa: the Temporary Business (Long Stay) Visa (subclass 457). To satisfy other visas, same-sex couples who want to immigrate to Australia together have to complete two individual applications, with the risk that one partner may not be accepted whilst the other is.

From 1 July 2009, same-sex partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens will be able to apply for the same partner visa as opposite-sex de facto partners. Same-sex de facto partners and their children will also be considered ‘members of the family unit’ for visa purposes.

Citizenship

Changes will also be made to the Australian Citizenship Act 2007. Under the Act, a person must have resided in Australia for a certain period of time before they are eligible to apply for Australian citizenship. At the moment, if you are the spouse of an Australian citizen, you can apply to the Minister for Immigration to treat periods of time spent outside Australia as a period of time spent in Australia in certain circumstances (for example, where a person has accompanied their Australian citizen spouse while they work overseas). From 15 March 2009, this discretion will also be available for same-sex de facto partners of Australian citizens.

The Australian Citizenship Act also allows the children of Australian parents to acquire Australian citizenship. Amendments to the Act will enable same-sex de facto couples who have children through assisted conception procedures (such as IVF, donor insemination or home insemination) or approved surrogacy to be recognised as parents for this purpose.

Who do I contact for more information?

For more information contact the Department of Immigration and Citizenship on 131 881.

You can also visit the Gay and Lesbian Immigration Taskforce (GLITF) website at www.glitf.org.au.