Fridae

Same sex partners of skilled migrants and students will soon be recognised by Australia for immigration purposes, Immigration Minister Amanda Vanstone announced this week.

Under current regulations, Australian citizens and permanent residents can currently sponsor same sex partners into Australia but not skilled migrants and students. Skilled migrants and students could however list heterosexual partners on their visa application.

Senator Vanstone said the change would "remove this anomaly."

"This change will keep Australia competitive in what is becoming an increasingly intense global market for skilled migrants."

She explained that while same sex partners could enter Australia in their own right, often as visitors, the fact is that "couples were not treated together in the same application created some uncertainty for them and a potential loss for Australia of highly skilled migrants."

The new scheme is expected to attract migrants looking to take their talents to Australia, but feared having to leave their partners behind as the partners can now stay in the country for as long as their partner has the right to work.

James Alan Hall, a registered migration agent Fridae spoke to highlighted that the scheme will benefit potential applicants as they would be able to combine their skills, qualifications and experience to meet the requirements that they might not be able to individually. Under the current rules only heterosexual couples (whether married or living together) can do this.

Hall however also warned that a higher burden of proof might be required as they aren't married.

"Under the current rules a same sex couple has to show strong evidence they have been in a relationship for at least 12 months. They are required to show strong evidence of joint finances, shared household (including living together), social acceptance as a couple and be in a committed on-going relationship."

The new provisions will initially apply to temporary skilled migrants (457 visa) from 1 July 2006 and the provisions will apply to other categories of skilled migrants and students a later date.

She also added in her statement that her department will soon address any similar anomalies that may exist in other visa categories.