Changes to Immigration Act for Same-Sex Couples in Australia

The government has announced changes to the Immigration Act, in order to eliminate any discrimination against same-sex couples and their children.

These changes will result in same-sex couples receiving the same treatment as opposite-sex de facto couples, both as partners and parents. Currently the Department of Immigration and Citizenship (DIAC) recognize same-sex relationships within its migration and citizenship programmes. The proposed changes will result in same-sex couples being eligible for a greater range of visas, as well as citizenship provisions. Changes will include same-sex couples included in the definition of "de facto partner" and a new definition of spouse.

The changes will simplify the visa framework, along with making it more equitable. All visas that currently include provisions for "spouse" will be available to opposite-sex and same-sex de facto partners alike. The key dates in which legislation will change are as follows:

• From 15 March 2009, changes will be made to the Immigration Act 1946 and the Australian Citizenship Act 2007.
• From 1 July 2009m changes will be made to the Immigration Act 1971, Migration Regulations 1994 and the Migration Act 1958.