Australia: Same-Sex Partners Applying for Visas Will Receive Same Entitlements as Opposite-Sex Partners

The Australian government has enacted amendments that will increase the range of visas and citizenship provisions available to same-sex couples. Amendments to the Immigration (Education) Act 1971, Migration Regulations 1994 and Migration Act 1958 will take effect on July 1, 2009. Key changes to migration legislation include:

  • a new definition of spouse, applying to opposite-sex married couples;
  • a definition of de facto partner, applying to both same-sex and opposite-sex de facto couples;
  • new definitions of parent and child which will include recognition of certain parent-child relationships via artificial conception procedures and surrogacy arrangements;
  • a new definition of member of the family unit, recognizing de facto partners (same and opposite-sex) as family members;
  • a simplified and more equitable visa framework. All visas that currently include provisions for spouse will be available to opposite-sex and same-sex de facto partners alike.

Further details about the changes are available on the Department of Immigration and Citizenship (DIAC) website.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.