Friday 17 November 2017

The "Yes" Vote


Newsletter  - November 2017

 

The "Yes" Vote on Same Sex marriage




A change of the Marriage Act will allow for full equality in Migration Law, and this will be a positive outcome for many migrants in same-sex relationships.

Australians have voted Yes to same-sex marriage after 61.6 per cent of almost 13 million respondents backed the proposal.

Whilst the plebiscite does not legally bind the government to make actual changes to the current legislation, the result from the survey will indicate to the government the path that most Australians want to follow.

Australian Immigration will be affected by the ‘yes’ vote, and a change in the law.

Migrants in same-sex relationships with Australian Citizens and Permanent Residents will have easier access to the Subclass 300 Prospective Marriage visa. As same-sex marriage has not legally been recognized here, this has not been an option as couples must be able to enter a legally-recognized marriage. 

Same-sex couples have had access the Subclass 309/100 and 820/801 Partner visas based on a De Facto relationship only. 

Same sex couples are required to demonstrate that they have lived together as a defacto couple for a period of at least 12 months immediately prior to the application, or alternatively to register their relationship as a Civil Union or Partnership. 

Each State and Territory of Australia has their own requirements to register a relationship.

New South Wales (NSW), The Australian Capital Territory (The ACT), Queensland (QLD), Tasmania and Victoria recognize a Registered Relationship. 
Relationship Registration is not available in South Australia and Northern Territory, but in the case of Western Australia you can register your defacto relationship provided you are a WA resident.

The lack of legal recognition of their relationship can be a significant disadvantage for same-sex couples, especially when they are unable to live together for whatever reason, most significantly the fact that they may not have a visa that will allow them to live in Australia with their partner.

Another impact will be for those who have married overseas, in that they can have their union recognized under Australian law, and be treated the same as married opposite-sex couples.

The recognition and acceptance of same sex marriage will allow a migrant to add or include their same-sex spouse, where the couple have been legally married overseas, in their visa application. 

A change of the Marriage Act will allow for full equality in Migration Law, and this will be a positive outcome for many migrants in same-sex relationships.

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Please contact us by email at: enquiry@keystonevisa.com.au  if you would like more information or assistance.

Saturday 11 November 2017

Same Sex partnerships and Australian Visas



Newsletter  - September 2017

 

Same Sex partnerships and Australian Visas




While Australia’s migration law does not currently recognize a same-sex marriage solemnized overseas, it is taken to be a defacto relationship which hence gives these couples the same entitlements as heterosexual married or defacto couples.

In 2009 changes to Commonwealth law removed discrimination against same-sex couples and their children. As part of these changes, new definitions of ‘spouse’ and ‘de facto’ partner were introduced into the Migration Act 1958 (the Migration Act) such that same-sex couples were given the same entitlements as heterosexual couples. This paved the way for all visa applicants to include their same-sex partners and allowed those partner...s the same work rights as ‘spouses’.

All couples -- married or defacto -- are required to demonstrate their relationship is genuine and continuing, that they have a mutual commitment to a shared life and that they live together on a permanent basis.

Permanent visas and some temporary visas generally require defacto couples to demonstrate their relationship has existed for at least 12 months before they lodge their visa application.

There is an exemption to this requirement for de acto couples who have registered their relationship under an Australian state or territory scheme, regardless of their sexual orientation.

It is true that a same-sex marriage that is legally solemnized overseas is not recognized for migration purposes. This is because the Migration Act mirrors the Marriage Act 1961 (the Marriage Act) which means that only marriages valid under the Marriage Act can be recognized when assessing visa applications. While their same-sex marriage is not recognized, couples can still be recognized and assessed under the defacto provisions. The fact that a marriage occurred overseas can be taken into account in this assessment.

While Australia’s migration law does not currently recognize a same-sex marriage solemnized overseas, it is taken to be a defacto relationship which hence gives these couples the same entitlements as heterosexual married or defacto couples.


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Please contact us by email at: enquiry@keystonevisa.com.au if you would like more information or assistance.



For more information please feel free to contact us via www.keystonevisa.com.au