Yes! Same-sex couples can absolutely apply for an Australian Partner Visa (Subclass 820/801 or 309/100). Australian immigration law recognises both heterosexual and same-sex relationships, whether married or de facto.

For DIY applicants, understanding how the law applies, what evidence is required, and common pitfalls is essential for a smooth application.

Legal Recognition of Same-Sex Relationships

Since the Marriage Amendment (Definition and Religious Freedoms) Act 2017, same-sex marriage is legally recognised in Australia.

This means:

• Married same-sex couples are treated the same as opposite-sex married couples.
• De facto same-sex couples are also recognised, provided they meet the genuine and ongoing relationshiprequirements.

DIY Tip: The key focus is still on proving the genuineness of your relationship, not the gender of the partners.

Eligibility for Same-Sex Couples

Same-sex couples can apply if:

• One partner is an Australian citizen, permanent resident, or eligible New Zealand citizen
• The relationship is genuine and ongoing
• Couples are either married or in a de facto relationship

De Facto Considerations

• Most de facto applicants must show 12 months of cohabitation.
• Exceptions exist if you have a child together or there are compelling or compassionate circumstances preventing cohabitation.

DIY Tip: Evidence for de facto relationships applies equally to same-sex couples—joint finances, household arrangements, social proof, and statutory declarations all count.

Evidence Required for Same-Sex Couples

The Department of Home Affairs treats same-sex and opposite-sex couples the same. Common evidence includes:

• Marriage certificate for married couples
• Joint lease or mortgage for cohabiting couples
• Joint bank accounts, shared bills, and insurance policies
• Photos, social media posts, and travel documents showing the relationship over time
• Statutory declarations from friends and family verifying your relationship
• Children’s documents if applicable

DIY Tip: Include as much diverse evidence as possible to demonstrate your relationship is ongoing and genuine.

Common Questions for DIY Same-Sex Applicants

Q: Do we need to be married?
No. Same-sex couples can apply as married or de facto. De facto couples generally need 12 months cohabitation.

Q: Can we include children?
Yes. Children of either partner or children you have together can be included in the application.

Q: Are there special rules for same-sex couples?
No. The requirements, evidence, and processing are the same as for opposite-sex couples.

Q: Does international recognition matter?
If your marriage or relationship was recognised overseas, ensure it is valid under Australian law.

Common DIY Mistakes to Avoid

• Assuming extra steps are needed – Same-sex couples follow the same process as any other couple.
• Insufficient evidence – Photos alone are rarely enough; financial, household, and social evidence is critical.
• Applying too early – De facto couples must usually meet the 12-month cohabitation rule, unless an exception applies.
• Not verifying international marriages – Ensure your overseas marriage certificate is translated and legally recognised in Australia if applying as married.

Final Thoughts

Australian immigration law fully recognises same-sex relationships for Partner Visa purposes. Whether married or de facto, the key is to demonstrate a genuine, ongoing, and committed relationship.

DIY applicants should focus on:

• Organising comprehensive evidence
• Meeting the cohabitation or marriage requirements
• Including any children where applicable
• Ensuring overseas marriages or partnerships are legally recognised in Australia

Proper preparation ensures that same-sex couples have the same chance of a smooth and successful application as opposite-sex couples.

✅ Quick Recap

• Same-sex couples can apply as married or de facto
• De facto couples generally require 12 months cohabitation, unless exceptions apply
• Evidence must show the relationship is genuine, ongoing, and committed
• Children can be included in the application
• The process, requirements, and processing times are the same as for opposite-sex couples

Want step-by-step guidance? Check out our DIY Partner Visa Package here.

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