OVERSEAS VISITORS WISHING TO GET MARRIED IN AUSTRALIA

Regardless of nationality you are more than welcome to be married in the most beautiful country in the world, Australia. There is no residency qualification required to marry here. The only requirement is that you are free to marry and you will be required to prove that when you lodge the Notice of Intended Marriage (NIM).

Most celebrants have internet facilities so the process can be completed via the net, thus taking away a lot of the stress associated with organising weddings from the other side of the world.

Obviously, the marriage ceremony must comply with the Marriage Act, 1961 as previously described in "Legal Obligations". There is no apparent reason why your marriage in Australia cannot be recognised within your own country, however it is advisable to talk to your own local authorities to confirm this before making arrangements. This is particularly important if you are coming from some European countries as they require your Marriage Certificate to have an Apostille stamp. For more information on Apostille stamps visit www.smartraveller.gov.au.

It is important to remember that there can only be one legal marriage, any further ceremony has to be a re-affirmation of vows ceremony.

Your marriage Celebrant would be very pleased to assist you in arranging your special day in a special country.

Fiancé Visa

Australian residents wishing to bring to Australia a partner on a Fiance Visa can do so and the following information would be of interest to you.

You are required to lodge a Notice of Intended Marriage (NIM) with your chosen Marriage Celebrant who will issue you with a letter addressed to the appropriate Australian Embassy handling your case confirming that he/she has received that notice. Your partner would lodge this letter with their application at the embassy in the country from where they are applying.

Marriage and Immigration

Australia's immigration laws offer visas to foreign people who are in relationships with Australians. The rules are very complex. This article is intended to provide a general overview only; do not rely on it. Seek legal advice on your case.

Legal Advice

If you are going to apply, seek advice from a properly qualified and registered person.

If you are a Marriage Celebrant or other interested person, never give immigration assistance. Always refer your clients to a properly qualified and registered person.

A person who is not a Registered Migration Agent must not give immigration assistance and must not receive (or even ask for) a reward for doing so. The penalties vary from fines of thousands of dollars to ten years imprisonment.

It is safe to give a person a copy of this document "as is" because the information is clearly coming from a qualified source (Welch Law).

Relationship Visas

There are four main types of relationship visa. Most relationship visas are part of a two stage process that is used to test relationships before the Australian Government approves permanent residence; stage one is a two-year temporary visa, stage two is permanent residence. All relationship visas are granted with full work rights and unlimited 'come and go' travel rights. People in verifiable long term relationships can be approved immediately for a permanent visa if they provide the evidence Immigration requires.

1. Prospective Marriage (Fiancé)

Easiest relationship visa to apply for; less documents required; arrive in Australia with full work rights; permission to visit your fiancé in Australia can be obtained while awaiting grant of Prospective Marriage visa.

Must be outside Australia to apply and for visa grant; part of a unique three stage process to permanent residence (while there is extra bureaucracy, the result is the same); only available to heterosexual couples.

2. Spouse (Married)

Can apply in Australia*; allowed to stay in Australia on a 'bridging visa' while Immigration considers case; can seek work rights while awaiting visa grant*

Newly married couples can fail to meet Immigration requirements; must have very convincing proof of relationship; the legal definition of 'what is a spouse' is two and a half pages long.

3. Spouse (De Facto)

Can apply in Australia*; allowed to stay in Australia on a 'bridging visa' while Immigration considers case; can seek work rights while awaiting visa grant*

Must have very convincing proof of relationship dating back minimum of twelve months; the legal definition of 'what is a spouse' is two and a half pages long

4. Interdependent (Same Sex Couples)

Can apply in Australia*; allowed to stay in Australia on a 'bridging visa' while Immigration considers case; can seek work rights while awaiting visa grant*

Must have very convincing proof of relationship dating back minimum of twelve months; the legal definition of 'what is a partner' is two and a half pages long.

*Not possible in all cases. Some cases are limited by the conditions on their current visa, their circumstances, or the lack of an appropriate visa. Seek legal advice before you apply.

If the Relationship Ends

In some cases, an application for permanent residence on relationship grounds can succeed even if the relationship ends. Depending on the case, up to three possible situations may allow this to occur:

1. The sponsor has died and the applicant has developed close ties with Australia
2. Joint obligations for children exist
3. Domestic violence has occurred

The expression 'Domestic Violence' has a unique meaning in Immigration law. It is not the same as under the criminal law. The Australian Government acknowledges many immigrants are especially vulnerable because they are not familiar with Australia's laws and customs and may have no-one to turn to. Accordingly 'domestic violence' has a softer meaning in Immigration law, which includes threats of violence and even threats of violence to property. The domestic violence does not have to be reported to the police or go to court. There are confidential ways of handling these sensitive cases.

Sponsorship Rules

There are limits on Sponsorships. Australians can sponsor a maximum of two people in their life to be their fiancé, spouse or partner. If they have sponsored someone previously, at least five years must pass before they are eligible to sponsor another person. If you are Australian and originally migrated to Australia because you were sponsored as a fiancé, spouse or partner, you are not eligible to sponsor someone else until five years have passed.

Exceptions can be made in sufficiently compelling cases. See us for legal advice before you apply.

Answers to Common Questions

Should We Marry?

If you are not married yet, do not get married before seeking legal advice. Marriage does not guarantee you a visa. In some cases getting married is the best choice, but in other cases a marriage only damages the case. We are expert in assessing all the possibilities and planning the best course of action for you. Please contact us before you marry.

Can my fiancé come to Australia as a tourist, then we get married here and apply?

While this is possible, there are many pitfalls with this approach. Seek legal advice