Migration & Visas
Q: What visas may an overseas national be eligible to apply for on the basis of a relationship with an Australian citizen or permanent resident?
A: Specific visas are available for defacto partners (with a minimum of 12 months cohabitation), married partners and engaged partners.
Q: Does marriage to an Australian permanent resident or citizen automatically entitle an overseas national to residence in Australia?
A: No. As well as providing evidence of the marriage, marriage partners must provide evidence that they are in a genuine and continuing relationship.
Q: Does a spouse visa entitle the holder to a permanent residence immediately?
A: In most cases, a Spouse visa is granted for an initial period of two years. At the end of that period, upon production of evidence of a continuing genuine relationship, the visa holder may be granted a permanent
residence visa.
Q: What constitutes a marriage for immigration purposes?
A: Marriage must be solemnized according to either the Laws of Australia or the Laws of another country. Such marriages will be lawful and valid for the purposes of a visa application.
Q: Can a couple who have been married overseas, have a further marriage ceremony conducted in Australia?
A: No. Where the marriage solemnized overseas was lawful and valid, a second marriage ceremony cannot be conducted in Australia. However, a commemoration or a recommitment ceremony may be conducted. Such
ceremonies carry no legal status in Australia.
Q: How can an overseas engaged partner come to Australia to marry his / her fiancé(e)?
A: The overseas partner may apply for a Fiancé(e) visa to travel to Australia. The couple must marry within a period of nine months for the overseas partner to be eligible to apply for a Spouse visa. Other visa options
may also be available to the overseas partner.
Q: What documents are an engaged couple required to provide in order to lodge a Fiancé(e) visa application?
A: Relevant to Marriage Celebrants, the overseas partner is required to submit a valid Notice of Intended Marriage on the standard (form 13).
Q: What are the penalties for assisting in a sham marriage for migration purposes?
A: Depending upon a person’s involvement, penalties can range from two years imprisonment to ten years imprisonment with fines up to $100,000.
Disclaimer: The information in this section is of a general nature only and does not substitute for obtaining specific professional advise by a registered migration agent.