Expat Forum For People Moving Overseas And Living Abroad banner

1 - 5 of 5 Posts

·
Registered
Joined
·
2 Posts
Discussion Starter #1
I'm an American and my partner is both Australian and UK citizen. We've been talking about finally making the move to live together. I would go to Australia. The thing is we are same-sex. So normal marriage laws most likely do not apply. thus I was wondering if anyone had any help information on the process for same-sex couples and becoming a permanent citizen of Australia . Thanks so much.
 

·
Registered
Joined
·
3,375 Posts
Same-sex couples are recognised in AU, just not as marriage. You would be coming over as a De-facto spouse and on a spouse visa.

Please see this link:
Family - Visas & Immigration

You would still need to meet all of the requirements of a de-facto spouse such as the relationship requirement (i.e. living together, exclusive relationship).

I'm an American and my partner is both Australian and UK citizen. We've been talking about finally making the move to live together. I would go to Australia. The thing is we are same-sex. So normal marriage laws most likely do not apply. thus I was wondering if anyone had any help information on the process for same-sex couples and becoming a permanent citizen of Australia . Thanks so much.
 

·
Registered
Joined
·
84 Posts
...

I'm an American and my partner is both Australian and UK citizen. We've been talking about finally making the move to live together. I would go to Australia. The thing is we are same-sex. So normal marriage laws most likely do not apply. thus I was wondering if anyone had any help information on the process for same-sex couples and becoming a permanent citizen of Australia . Thanks so much.
I got this from smartraveller.gov.au

The basic rule of recognising foreign marriages is subject to a number of exceptions including:

* where one of the parties was already married to someone else;
* where one of the parties was under marriageable age (i.e. under 18 years of age) and either of the parties was domiciled in Australia at the time of the wedding under Australian law, exceptions to the requirement that both parties be 18 or older can only be authorised by a judge of magistrate, and then only in respect of a marriage between a person aged 16 or 17 and a particular person aged 18 or over. An Australian court order only has effect in Australia for the purposes of the recognition of the marriage in Australia;
* where the parties are too closely related under Australian law (including relationships traced through adoption) i.e. either as ancestor and descendant, or as brother and sister (including half-brother and half-sister);
* where parties to the marriage are both of the same sex;
* where the consent of one of the parties was not a real consent due to duress or fraud, mistake, or mental incapacity;
* where a persons overseas divorce is not recognised in Australia.
(Parties should consult a solicitor if unsure as to whether their marriage will be recognised in Australia, including if there is doubt about an overseas divorce being recognised by Australian authorities.)

Now note that under too closely related does not apply to uncles. I know someone who married their uncle to gain access to Australia, yet we wont recognise gay marriages!!!

All this means is you can;t go through nationality through marriage, you'll still have access to all the other means of entry.

My advice, is to apply through sponsership of a job, Australia is enjoying a pretty low unemployment rate so there has never been a better time. Also when you do apply for residency, depending how long you have lived with your partner, they are going to make one hell of a reference.

Good luck!
 

·
Registered
Joined
·
3,375 Posts
Note a spouse visa does not mean the same thing as marriage, de-facto spouses are also recognised, in fact the link from Immi is all about that recognition and liberalising the laws to account for same-sex couples.

A work visa (175/176) would be harder than doing a spouse visa and in the end you get a PR to live in AU.

So AU does not recognise same-sex marriage (that would be part of the Marriage Act), but the OP could certainly be considered as a de-facto spouse.

I got this from smartraveller.gov.au

The basic rule of recognising foreign marriages is subject to a number of exceptions including:

* where one of the parties was already married to someone else;
* where one of the parties was under marriageable age (i.e. under 18 years of age) and either of the parties was domiciled in Australia at the time of the wedding under Australian law, exceptions to the requirement that both parties be 18 or older can only be authorised by a judge of magistrate, and then only in respect of a marriage between a person aged 16 or 17 and a particular person aged 18 or over. An Australian court order only has effect in Australia for the purposes of the recognition of the marriage in Australia;
* where the parties are too closely related under Australian law (including relationships traced through adoption) i.e. either as ancestor and descendant, or as brother and sister (including half-brother and half-sister);
* where parties to the marriage are both of the same sex;
* where the consent of one of the parties was not a real consent due to duress or fraud, mistake, or mental incapacity;
* where a persons overseas divorce is not recognised in Australia.
(Parties should consult a solicitor if unsure as to whether their marriage will be recognised in Australia, including if there is doubt about an overseas divorce being recognised by Australian authorities.)

Now note that under too closely related does not apply to uncles. I know someone who married their uncle to gain access to Australia, yet we wont recognise gay marriages!!!

All this means is you can;t go through nationality through marriage, you'll still have access to all the other means of entry.

My advice, is to apply through sponsership of a job, Australia is enjoying a pretty low unemployment rate so there has never been a better time. Also when you do apply for residency, depending how long you have lived with your partner, they are going to make one hell of a reference.

Good luck!
 
1 - 5 of 5 Posts
Top