Same-Sex Couples

Fri, 10 Jul, 2009

The Australian Government has introduced changes to remove discrimination against same-sex couples and their children from Commonwealth law.

These changes extend the department's recognition of same-sex couples and their children for migration and citizenship purposes, resulting in same-sex de facto partners having the same rights and responsibilities as opposite-sex de facto partners.

The following changes became effective on 1 July 2009:

Same-sex family relationships

• same-sex and opposite-sex de facto couples in a genuine and continuing relationship are recognised as de facto partners
• opposite-sex married couples in a genuine and continuing relationship are recognised as spouses
• the terms interdependent partner and de facto spouse are no longer used for new visa applications
• spouses and de facto partners may be jointly referred to as partners
• same-sex de facto partners and their children are recognised as family members when their partner is a primary visa applicant
• parent-child relationships including biological children, adopted children, children born via artificial conception procedures and children born into prescribed surrogacy arrangements can be recognised for migration purposes
• children of de facto partners (including same-sex partners) are recognised as step-children

Visa options for same-sex partners and family members

Partner Visas have replaced Spouse Visas and Interdependency Visas for spouses and de facto partners (including same-sex partners) of Australian citizens, permanent residents or eligible New Zealand Citizens.

Same-sex de facto partners and their children are recognised as family members of primary visa applicants and are eligible to apply for all visas available to opposite-sex partners, including student, business, skilled and humanitarian visas.

People interested in finding out how these changes might affect their potential or current visa application are invited to contact a Go Matilda consultant.

Further information on the Australian Government's same sex reforms, including information about changes to social security, taxation, Medicare, veteran's affairs, superannuation, and child support, is available from the Attorney-General's website.