Same-sex partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens may be able to migrate to Australia under the interdependency visa subclass. An interdependent relationship is a relationship where there is a mutual commitment to a shared life in a genuine, continuing relationship that is exclusive of any other spouse or interdependent relationship.

Previously same-sex partners were not recognised as ‘members of the family unit’ for the purposes of visa applications. This meant that same-sex partners who wanted to migrate to Australia together each had to meet the criteria for that visa in their own right. For example, both partners would need to satisfy the requirements for a skilled visa or student visa, as the option of including the other partner as a member of the primary applicant’s family unit did not exist. Reforms to Commonwealth legislation providing for greater recognition of same-sex relationships mean that from 1^st July 2009 same-sex couples and their children will be included in the definition of ‘members of the family unit’ for visa purposes, in the same way that spouses and opposite-sex de facto partners and their children are recognised.

Under the Migration Act 1958 (Cth), only registered migration agents and certain exempt categories of people can give migration advice. The Legal Services Commission has a migration section and can provide advice about most types of visa applications other than student and skilled visas. The Migration Agents Registration Authority (MARA) has a register of Australian migration agents at www.themara.com.au.