Homosexual/Gay & Migration, Visa's and Rights

The Migration Regulations governing migration to Australia make provision for Gay and Lesbian Couples in the Migration Regulations through the interdependent partner visas. The Interdependent visas are largely similar to the heterosexual spouse visas with one major exception.

Under the Partner program, couples may satisfy the threshold requirements by either satisfying the delegate of the Minister that they are in a genuine and continuing marital relationship or that they have been in a genuine and continuing de facto relationship for a period of at least 12 months immediately before the date of the application.

The former option is not available to same sex couples. It is a threshold requirement of the Interdependent visa that the applicant and sponsor have been in a de facto relationship for at least 12 months before the date of the application as a marriage for the Migration Regulations is one that is recognized by the Commonwealth Marriage Act 1958 - a marriage which is between a man and a woman.

Once in Australia, same sex relationships are not always recognised to the same extent as marital and in many cases de facto relationships. The most obvious distinction is the Marriage Act’s refusal to recognise same sex civil unions.

In most other areas of legislation same-sex couples are beginning to receive similar recognition to heterosexual couples. Centrelink(A government financial support centre)is likely to include changes to its policies following the April 2008 Federal Budget, and the deficiencies in the Family Law Act with respect to property settlements can be remedied to a certain extent by the Property Law Act in Queensland. There is also a recent push from one of Australia’s most senior former judges to grant same-sex couple’s access to the Family Court for property settlements rather than forcing them to make claims through the greater Court systems.

There remains a deep divide between those who seek the same rights for all couples and those who against. Nevertheless, it seems in Australia that the progression towards equal rights for all will continue on an incremental basis for many years to come.