Australian Partner Visas after Legalising Same Sex Marriage

Same sex marriage was legalised in Australia on 07 December 2017.

Following this, changes were made to Australia’s Partner and Prospective Marriage Visas. These changes now provide more visa options for couples in same sex relationships to either apply for a Partner Visa on the basis of being married or apply for a Prospective Marriage visa to marry in Australia.

From 09 December 2017, same sex couples can apply for partner visas on the basis of being a ‘spouse’ instead of only being considered ‘de facto partners’. These changes applied to the Partner (820/801) Visa for onshore applications and the Partner (309/100) Visa for offshore applications.

These changes also mean that same sex couples can apply for a Prospective Marriage (300) Visa offshore if you and your partner genuinely intend to marry in Australia and be together as a couple.

The requirements for the Partner visa and the Prospective Marriage visa are a bit different. Partner visas are for couples who are already in a genuine and continuing relationship and are either married or have been in a de facto relationship for at least one (1) year.

Whereas the Prospective Marriage (300) Visa is for couples who have met in person since turning 18 years of age, are engaged to marry, and genuinely intend to marry and be together in Australia. If you are granted a Prospective Marriage (300) Visa, you then have to apply for a Partner (820/801) Visa after you marry and within nine (9) months of arriving in Australia.

Overall these changes provide more options for same-sex couples to be together in Australia.

If you want to learn more about these changes and assess your eligibility for a Partner (820/801) Visa, Partner (309/100) Visa, or Prospective Marriage (300) Visa then get in touch us as we would be more than happy to help you.

You can email us at and we can make a time to chat via Skype or in person. Alternatively, you can call our Head Office on +61 7 4041 1580.

We look forward to hearing from you and assisting you and your family with your migration journey to Australia.


The information contained in this blog post is based on the current migration laws and regulations at the time of publishing. The information contained, or lack thereof, should not be relied on by anyone as immigration assistance or immigration legal advice or legal advice. Carol Shipway Migration Services and its Registered Migration Agents and Lawyers expressly disclaim any liability that arises at law in equity, tort, or otherwise, for any information published in this blog. People seeking immigration assistance should contact their Registered Migration Agent. People seeking immigration legal advice or legal advice should contact a lawyer. The copyright of this blog belongs to Carol Shipway Migration Services and no part of this blog should be reproduced by any means without the written consent of Carol Shipway Migration Services.