Australian Visa Types for LGBTQ+ Couples

Lastly you might also need a notary public Bangkok during this time then speak to us as a law firm in Bangkok.

Should you have a same sex partner then you can look at the Australian partner visa for your gay partner. Note that you as the Australian partner will need to be an Australian citizen or a permanent resident. Likewise you are an eligible New Zealand citizens who lives in Australia. We will explain the visa process as there are two stages in this visa process. There is the temporary Partner Visa (Subclass 820) and the permanent Partner Visa (Subclass 801) for Australia.

Eligibility Criteria for the LGBTQ+ couples:

1. You as the sponsor of the Australian visa will need to ensure that you have the needed proof that you are an Australian citizen or an Australian permanent resident. Alternatively you are an eligible New Zealand citizen.

2. Like a heterosexual couple you will also need to prove that there is a genuine relationship between you and your partner. This will require any letters, emails, DM as well photos together. If your partner comes from a country that recognized same-sex marriage such as say, Taiwan. Then you will need to have the marriage recognized as such from his/her home country. Alternately you will need to apply as a de-facto couple and show that you have been partners for at least 12 months before the application.

3. Both you and your partner will need to be over the age of 18.

4. Lastly there will be the need for a health as well as a character requirement. You can see further down how this affects you application. Medical checks as well as character checks such as a criminal record check will be needed. These are the very basics that will be needed. Likewise see the Australian visa types for LGBTQ+ couples documents needed below. 

Required Documents for same-sex partners:

1. Firstly the person must have a valid ID documents such as a valid passport and birth certificate.

2. Likewise you will need evidence of your relationship. This is the most difficult part as you will need copies of your letter, DM’s or other writing between you. Likewise photo’s that are preferably dated would also be needed. If you have a marriage certificate or de facto registration will also be needed. Anything where you have joint accounts or accounts with the same home address.

3. Lastly statements for your friends or family who can attest to this. The Thai police clearance certificate as well as the health assessment from the hospital where this would normally get obtained according to the Embassy requirements.

Australian Visa Process for LGBTQ+ :

1. Application Submission:

The first step is document collection and then only submit your visa application. You will need to have the documents legally translated to ensure that there are no issues. See the articles that we wrote on legal translations from Thai to English translations. The Thai language is much more complex than you think.

2. Temporary Visa Grant (Subclass 820):

Much like a K1 visa from Thailand and the notice of action. The first part is the initial processing of the Australian visa. Once this is complete there will then be a temporary visa being granted. This temporary visa allows you Thai partner to live and work in Australia while awaiting the permanent visa.

3. Permanent Visa Grant (Subclass 801):

Note that you can apply for the permanent Australian visa two years after the temporary visa application. Lastly you will still need to provide proof of the continuing relationship. See also the fiance visa Australia on here. This is the final stage for Australian visa types for LGBTQ+ couples.

Australian Visa Processing Times:

• Subclass 820: 21 to 28 months.

• Subclass 801: 10 to 20 months after eligibility.

Note that should same-sex marriage get its teeth in the later part of 2025. Then you will also be able to register your marriage as well as applications for residency with Thailand permanent residency by marriage being one of those. You will then also need to look at the TM30 Thailand download from our website. This should you decide to live in Thailand permanently. 

Similar to the US fiancee visa this is no different. This visa are for those who plan to get married in Australia once they arrive. This Prospective Marriage Visa is designed for LGBTQ+ individuals comes into play. Note that much like the partner visa, this is a temporary visa for Australia which is valid for 9 months only. You should be married within that timeline. Your partner will then fall under a partner visa. Some of our clients have met in Australia while they had an Australia working holiday visa. 

Eligibility Criteria:

1. You will need to be an Australian citizen or permanent resident, or an eligible New Zealand citizen.

2. You must have shown your genuine intention to marry within the visa’s validity period.

3. Your partner must also meet all the health as well as the character requirements for Australia.

Required Documents:

There will be a need for both of you to produce your identity documents. These will include your current passports as well as your birth certificates. The process is similar to the partner visa Thai Australian.

As stated above that you will also need the evidence of a genuine relationship of your partnership. These will include but not limited to DM’s, emails, text messages as well as photos together with the date on these or written on the back of the photos.

If you are married as explained before or have a de facto relationship then any photos from your engagement as well. Smaller things where you went together such as airline tickets, meetings with receipts as well as wedding plans if not married as any venue books that you might have. Lastly there are your Thai police clearance certificate and your health certificate issues.

Australian Prospective Marriage Visa Process:

This would be the process for LGBTQ+ applications which are the same as a heterosexual couple.

• Application Submission:

You will need to submit the visa application.

• Decision:

The visa process will take about 12 to 16 months.

• Marriage in Australia:

As a couple you will need to marry within 9 months of the visa has been granted.

• Transition to Partner Visa:

Once completed after two years, you can then apply for a Partner Visa to remain in Australia.

There are some issues when it comes to the visa process for same-sex couples.

Benefits:

1. Legal Recognition:

Likewise as stated before. When it comes to same-sex marriages. When this is done in a country where is is recognized. This will simplify the process of your visa. This as any same-sex marriage that has been performed abroad are recognized in Australia. This will then get treated as a marriage with an Australian marriage visa. Since Thailand has not reached that point in January 2024, the partner visa will be applicable.

2. De Facto Relationships:

When it comes to the de facto relationships you will need to show that you have lived together as a couple for 12 months. This is why it is important that you can show accounts and bills to the home address where you have lived together for more than 12 months.

3. Inclusivity in Policies:

The upside to all of this is that the Australian immigration policies prohibits discrimination. This is especially based on sexual orientation or gender identity.

4. Flexible Evidence Requirements:

You will need to provide proof of your relationship. There is flexibility in the system as well. This can be a sworn affidavit from another Australian citizen as an example. This besides the photos and letters. Applicants can provide a variety of documents to prove their relationship, allowing for flexibility. Lastly also see the US Visa Types for LGBTQ+ Couples on here.

Challenges:

• Countries Not Recognizing Same-Sex Marriage:

The first problem for same-sex couple would be for countries that do not recognize same-sex marriage. In Thailand new laws for same-sex marriage have not yet been drafted. Most likely in 2025 we should see the first laws drafted and amendments made to the the laws.

• Long Processing Times:

The visa application process takes time. We have shown the timeline for these.

• Financial Requirements:

There is a cost aspect much like all visas. The Australian visa is no different to other visas such as the UK visa for fiance or US fiancé visa. All the documents need to be collected and translated. You may even require the services of a Bangkok notary service. Criminal check as well as health examination all cost money. Take this into account before you start.

Australian visa types for LGBTQ+ couples Final Thoughts

We have as an LGBTQ+ friendly law firm over the years assisted many same-sex couples move to other countries. Speak to us online or in person to evaluate your situation and how best to approach your immigration needs. Also see the article we wrote on the LGBT rights in Thailand as well as the article on same-sex marriage Thailand for an overview.

The new laws permitting marriage in Thailand have as yet not been drafted or amended any of the laws. We will update this when it occurs. The definition of marriage will need to change and this in the the Civil and Commercial Code in Thailand. This would be the first law that will be amended.