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.

Need Visa Assistance?

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 500+ Highly Rated Reviews


Our customers are always happy to share their thoughts with us.
Here is what some of them have 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).

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    On 13 July, I had an appointment with Mr. Usman and Mr. Billah at their Dhaka branch. I was satisfied with the advice they provided regarding my situation, and I was told to contact Mr. Usman once he returned to Sydney from Dhaka, which was expected to be in early August. On 10 August, I followed up by email, asking Mr. Usman and Mr. Billah CC’d, whether they were still interested in taking on my case. However, from 10 August until now (about 2 months later), I have received no response from Parish Immigration. For anyone considering seeking legal advice from Parish, I would highly recommend confirming upfront whether they are interested in handling your case. Otherwise you’ll be wasting a significant amount of valuable time chasing them. The communication after my initial consultation was extremely confusing. During the consultation, they seemed eager to assist me with my case. However, later they did not respond to my follow up emails or even let me know whether or not they were interested in proceeding with my case
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    I highly recommend Parish Patience Immigration Lawyers. They're professional, knowledgeable, patient and genuinely caring. They take the time to explain everything clearly and provide honest, practical advice throughout the process. What I appreciate most is their dedication, transparency and willingness to help. A trustworthy and approachable team that I wouldn't hesitate to recommend to anyone seeking immigration assistance.
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    Parish Patience made a long and stressful process feel manageable. Diana, Vicky, Connie and the team were professional, patient, and always clear about what came next, and they responded quickly whenever we had questions. We’re very grateful for their support and would happily recommend them.
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    I am extremely satisfied with the professional services provided by the team especially Usman Bhai in managing my visa application. Their exceptional professionalism, thorough attention to detail, and comprehensive understanding of the immigration process were evident throughout every stage of the application. They demonstrated outstanding commitment, maintained clear and timely communication, and provided valuable guidance with efficiency and diligence. I sincerely appreciate their expertise, dedication, and meticulous approach, which made the entire process considerably smoother and more reassuring. I would highly recommend their services to anyone seeking reliable, professional, and competent immigration assistance.
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    Sathiyakumar Chandrakumar
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    🌟 Heartfelt Thanks to Mr. Mahalingam Sutharshan (Shan) and His Team! 🇦🇺 I am delighted and truly grateful to have been granted Australian citizenship. My sincere thanks to Shan and his team for their professional guidance, dedicated support, and excellent service throughout this journey. I highly appreciate their assistance and would happily recommend their services to anyone seeking reliable and professional support. Thank you for helping make this milestone possible! 🙏❤️
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    One of the most disappointing experiences I have had when seeking professional legal assistance. My experience with Mahalingam Sutharshan (Shan) was absolutely unacceptable. His arrogant attitude, dismissive manner, and apparent unwillingness to provide advice left me extremely frustrated. When someone approaches a lawyer/agent , they expect professionalism, respect, and proper guidance—not an arrogant attitude that makes them feel as though their concerns are beneath consideration. Unfortunately, I felt that I received none of the professionalism or courtesy I expected. What disappointed me most was his attitude towards someone who was simply seeking legal advice. Basic respect and professional communication should be the bare minimum for anyone working in the legal profession. In my experience, the interaction fell well below that standard. I left the interaction feeling that my time had been wasted and my concerns had not been given proper consideration. A professional title means very little if the person behind it cannot communicate respectfully with people seeking assistance. Based on my personal experience, I would not choose to deal with Mahalingam Sutharshan (Shan) again. This experience has left me with a very negative impression, and I sincerely hope the firm takes complaints about client treatment seriously. People seeking legal help deserve respect, courtesy, and clear communication—not an experience that leaves them feeling dismissed and disrespected.
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    I am normally very hesitant to write Google reviews, but in this case, I genuinely feel that a review is well deserved. Mr Usman looked after my SC 186 visa application and successfully guided me through the process until my visa was granted. Before meeting Usman, I sought advice from one of the well-known immigration agents on social media. Unfortunately, rather than taking the time to understand my circumstances, they immediately advised me to pursue a student visa. Usman, however, took the time to properly understand my situation and confidently recommended that I proceed with the SC 186 visa application. He not only recommended the right pathway for my circumstances but also remained highly professional throughout the entire process. He consistently kept me updated and ensured that I understood the key information and requirements at every stage of the application. My nomination was approved without receiving any S56 request, which made the process even smoother and less stressful. Usman's advice has not only helped me avoid future stress and significant financial pressure, but it also ultimately allowed me to obtain permanent residency rather than continue paying tuition fees and living with the uncertainty associated with temporary visas. What impressed me most about Usman is his sincerity, honesty, professionalism, experience, and genuine passion for what he does. He truly cares about his clients and uses his knowledge and experience to make a meaningful difference in people's lives. I would like to sincerely thank Usman once again for his guidance, support, and professionalism throughout my journey. I am genuinely grateful for everything you have done for me. May God bless you and your family, Usman. You are truly a gem. 💎
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    Parish Patience took care my mother, sisters and all of my family’s visa situation since 2012. After David Bitel passed away he left his amazing lawyers who are not only knowledgeable but also efficient and professional. After many years got my PR sorted by Usman, he was onto it in every single documents and Thanks to Golam as well who always been kind. I’m sure all immigrant knows how difficult these days to get PR, but highly recommend their service who can assist you in all situation.
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    I am very happy and grateful to have received my 186 visa. It was a long journey, and I sincerely appreciate the excellent support from Parish Patience Immigration Lawyers. A special thank you to Usman Ali, Senior Associate, and Motasim Billah, Case Manager, for their professionalism, guidance, and continuous support throughout the process. Highly recommended! Thank you again for helping me achieve this important milestone.
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    6 years ago I found myself in a very difficult immigration situation where I was risking immigration detention, and Parish Patience were the only light of hope in a nightmare immigration loophole. I had consulted with other lawyers who just took thousands of dollars and were misleading and dishonest. When I met with Thong and his amazing team they welcomed me with the upmost care and provided me with clear explanations and guidance. All throughout the process they were available for any questions and support. They anticipated all possibilities, and completed the work in compliance with the immigration laws and I had zero issues with any of the submissions they’ve done on my behalf. I received a double grant two years ago and I am now awaiting for my citizenship ceremony. Parish Patience provides the reliable and professional service you need. Thank you Thong, Marlene, Zinnia for your incredible work.