On 1 July 2009, changes were made to Australian Migration Regulations about same-sex family relationships.
From now on same-sex and opposite-sex de facto couples who are in genuine and continuing relationships will be recognized as de facto partners/spouses.
The definitions for Interdependent Partner and De Facto Partner have now been removed. Partners (spouses and de facto partners) and Same-Sex partners and their children are recognized as family members when the partner is the primary visa applicant. This is good news for many potential visa applicants as there were some visa applications in the past where it was not possible to include your same-sex partner on the application. For example, inequities such as your same-sex partner being able to be included on your overseas temporary business visa to work for an Australian company, but not being eligible for inclusion for Employer Nominated permanent residence as a dependent, will now be a thing of the past. From July 1st 2009, your same-sex partner is eligible to apply for all visas available to opposite-sex partners, including student, business, skilled and humanitarian visas.
Changes to the temporary visa program
The Migration Legislation Amendment, Worker Protection Act (WPA) 2008 is effective from the 14th September 2009. The Department of Immigration and Citizenship believe the new reforms will “strengthen the integrity of temporary residence visas” by assisting with employment and training opportunities for local labour, lessening exploitation of overseas workers, providing salary and conditions equity for local and overseas workers and ensuring the employment of overseas workers does not disadvantage local staff.
Contact the ARRIVE AUSTRALIA office today to discuss your matter with a Registered Migration Agent.