Protection Visa for LGBT Individuals And Couples

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What is LGBT Protection Visa Australia?

If you fear returning to your home country because of a serious harm that may happen to you as a member of the LGBT community, you may be eligible to apply for a protection visa under subclass 866 and attain permanent residency here.

At Parish Patience, we support the rights of LGBT people and offer protection visa application services. Whether you’re an international student, tourist, or an LGBT partner who fears going back to your home country, we can assist you to process your permanent resident visa application without hassle and delay.

Australia LGBT Visa: The Fear of Persecution

In order to qualify for a protection visa, you must demonstrate a genuine fear of persecution. Such a fear of persecution can be considered “well-founded” if the fear covers at least one among five categories stipulated in the Migration Act, namely:

  • Religion
  • Race
  • Political biases/opinions
  • Nationality
  • Membership and/or involvement in a specific social group

Your chances of being granted a protection visa is also high if ‘serious harm’ and ‘systematic and discriminatory conduct’ await you on your return to your home country.

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Complementary Protection Requirements for LGBT People

A complementary protection is intended for those who may not be considered refugees seeking asylum, but are nonetheless qualified for protection if returning to their country of residence involves being at the receiving end of unjust persecution and harmful discrimination.

The Australian Government then feels obligated to protect these individuals, including LGBT people, from being persecuted once they leave Australia and reach their home country.

Two of the major laws that were incorporated in the Migration Act include the International Covenant on Civil and Political Rights (ICCPR), as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

These international human rights laws make it an obligation for different countries that are supportive of LGBT rights to prevent the persecution, torture, and serious harm to LGBT individuals upon their return to the country that criminalises their existence.

Countries that Criminalise LGBT People

According to the Human Dignity Trust, a global organisation defending LGBT rights, there are 65 countries who criminalise lesbians, gays, bisexuals, and transgender people. Divided into four regions, these are just some of the countries that have anti-LGBT laws:

Asia

Indonesia, Pakistan, Myanmar, Bangladesh, Lebanon, Palestine, United Arab Emirates, Malaysia, and more.

Africa

Algeria, Nigeria, Cameroon, Zimbabwe, Egypt, Kenya, Namibia, Uganda, Morocco, and more.

Caribbean & Americas

Jamaica, Dominica, Saint Lucia, Grenada, Guyana, and Saint Vincent and the Grenadines.

Pacific

Papua New Guinea, Kiribati, Tonga, Tuvalu, Samoa, Tuvalu, and Solomon Islands.

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Talk to one of our Visa Experts Now.

Seeking Legal Assistance From a Protection Visa Expert for LGBT People

Immigration laws in Australia tend to change over time and are quite difficult to fully understand if you’re not a legal professional. In your application for a protection visa as an LGBT member, you need to have a partner who can interpret the law in simple terms and truly help you have a greater chance of obtaining your visa due to legitimate reasons.

At Parish Patience, we can help you:

1

Provide Initial Consultation

In order to better understand your current situation, you’ll have an initial consultation with a registered migration specialist.

2

Assess Your Eligibility

In order to better understand your current situation, you’ll have an initial consultation with a registered migration specialist.

3

Conduct Mock Interviews

Interviews can be tough and nerve-wracking. That’s why our process includes doing mock interviews to prepare you for the big day.

4

Submit Application

Your migration lawyer shall make sure all documents are complete and correct before officially submitting your requirements.

5

Offer Post-Application Support

Your migration lawyer shall make sure all documents are complete and correct before officially submitting your requirements.

Since 1888, Parish Patience Immigration Lawyers have assisted countless clients for all types of visa in Australia. Partnering with us means signing up to have your visa requirements and application processed as smoothly and stress-free as possible. Get in touch with us by calling our office on 02 9286 8700 or email: ppmail@ppilaw.com.au

Success Stories of 410 Highly Rated Reviews


Our customers are always happy to share their thoughts with us.
Here is what some of them had said!

Haroon Parvez

The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .

W. A.

Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!

J P

Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.

Alaa Omer

Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.

Jabir Ibna Mohammad

I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.

Let a Parish Patience Immigration Lawyer Handle Your LGBT Visa Australia


With over 135 years in law practice, you can trust Parish Patience and our team of excellent immigration lawyers to handle your student visa application. Whether you’re applying inside or outside Australia, we can help you better understand the intricacies of immigration law through our combined expertise and experience. Schedule a meeting with a Parish Patience lawyer today to get started!

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    Frequently Asked Questions (FAQs)


    Is same-sex marriage allowed in Australia?

    Marriage equality in Australia was put into law in December 2017, giving LGBT people the right to marry their spouses and be entitled to the same legal rights as heterosexual Australian couples.

    What is the cost of LGBT partner visa in Australia?

    A prospective marriage visa under subclass 300 costs A$8850. But be reminded that fees and certain guidelines may change any time. That is why it is always best to consult with a migration expert before you apply or submit your requirements. A partner visa expert at Parish Patience can help process your application and provide timely support and guidance from consultation to post-visa approval.

    Which LGBT visa type is best if we marry in Australia?

    You can apply for a prospective marriage visa under subclass 300. This is a temporary visa valid for nine (9) months. You should have married your fiance within that time frame. Before the visa expires, you can then apply for a permanent visa as a legitimate spouse of an Australian citizen or permanent resident.

    How can I apply for PR after my LGBT marriage visa?

    Since a prospective marriage visa is a temporary visa, you need to apply for PR after your marriage. You can either apply to this too subclasses: partner 820/801 if applying within Australia (onshore), or partner 309/100 if applying overseas (offshore).