Immigration Benefits for Same-Sex Partners Topic of Senate Hearing

Posted on June 11, 2009 by Immigration/Global Migration Group

The Senate Judiciary Committee held a hearing regarding Sen. Patrick Leahy’s (D-VT) proposal to allow U.S. citizens and legal immigrants to seek residency for their same-sex partners. As reported by The New York Times, Sen. Leahy has said that his initiative, contained in the Uniting American Families Act (S. 424), should be included in any comprehensive immigration legislation that Congress considers.

Currently, family unification provisions allow American citizens and legal residents to petition for residency for their spouses. Same-sex couples, however, cannot petition for partners; as a result, immigrant partners are at risk of deportation. The Uniting American Families Act would add the term “permanent partner” to immigration law provisions that refer to married couples and would legally define that term. Opponents of Sen. Leahy’s proposal argue that it would facilitate immigration fraud because it would be difficult for immigration officers to determine whether same-sex couples actually had an established relationship.

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Australia: Same-Sex Partners Applying for Visas Will Receive Same Entitlements as Opposite-Sex Partners

Posted on April 28, 2009 by Immigration/Global Migration Group

The Australian government has enacted amendments that will increase the range of visas and citizenship provisions available to same-sex couples. Amendments to the Immigration (Education) Act 1971, Migration Regulations 1994 and Migration Act 1958 will take effect on July 1, 2009. Key changes to migration legislation include:

  • a new definition of spouse, applying to opposite-sex married couples;
  • a definition of de facto partner, applying to both same-sex and opposite-sex de facto couples;
  • new definitions of parent and child which will include recognition of certain parent-child relationships via artificial conception procedures and surrogacy arrangements;
  • a new definition of member of the family unit, recognizing de facto partners (same and opposite-sex) as family members;
  • a simplified and more equitable visa framework. All visas that currently include provisions for spouse will be available to opposite-sex and same-sex de facto partners alike.

Further details about the changes are available on the Department of Immigration and Citizenship (DIAC) website.

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