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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.
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:
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.
Talk to one of our Visa Experts Now.
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.
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:
Indonesia, Pakistan, Myanmar, Bangladesh, Lebanon, Palestine, United Arab Emirates, Malaysia, and more.
Algeria, Nigeria, Cameroon, Zimbabwe, Egypt, Kenya, Namibia, Uganda, Morocco, and more.
Jamaica, Dominica, Saint Lucia, Grenada, Guyana, and Saint Vincent and the Grenadines.
Papua New Guinea, Kiribati, Tonga, Tuvalu, Samoa, Tuvalu, and Solomon Islands.
Talk to one of our Visa Experts Now.
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
In order to better understand your current situation, you’ll have an initial consultation with a registered migration specialist.
2
In order to better understand your current situation, you’ll have an initial consultation with a registered migration specialist.
3
Interviews can be tough and nerve-wracking. That’s why our process includes doing mock interviews to prepare you for the big day.
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Your migration lawyer shall make sure all documents are complete and correct before officially submitting your requirements.
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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
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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!
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.
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.
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.
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).