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