Australian Marriage Visa is a visa for Australian citizens, permanent residents or eligible New Zealand citizens who wish to bring their prospective spouse into Australia. Applicants are required to demonstrate that the relationship is genuine through financial commitment, social acceptance and emotional support.
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This visa must be lodged offshore and you must be overseas at the time of lodging. After two years on the combined visa you may be assessed for permanent residence.
Introduction to the Australian Marriage Visa
Tom and Malee are a couple that have fallen in love with each other. They want to spend the rest of their lives together in Australia, but they need to work out how that will happen legally.
One option is to apply for a partner visa. But there are different kinds of partner visas, and it’s important to choose the right one for your situation.
If you are in a genuine relationship with an Australian citizen or permanent resident. And want to live permanently with them in Australia. You may be eligible for the Prospective Marriage Visa (Subclass 300). The visa is valid for up to 9 months, and you must marry your Australian partner within that time.
However, the visa process can be complex, and it’s essential to get professional advice before you start. This will help ensure that your application meets all the requirements, and gives you the best chance of success. Here’s how it works:
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Eligibility Criteria for the Australian Marriage Visa
There are several requirements to satisfy before you can apply for a Australian Marriage Visa. You and your partner must meet the definition of a spouse relationship in accordance with Australian law. Which includes evidence that you live together in an exclusive and committed long-term relationship. This is shown through financial commitment, social acceptance, emotional support, and household arrangements.
You also need to provide proof that you are free to marry. This can be a Certificate of No Impediment to Marry (CNI), obtained from your state or territory registry of births, deaths and marriages.
Some overseas authorities will only accept a CNI issued in their country, so check with them before you travel to Australia. You may need other supporting documents as well, such as original birth certificates and passports, divorce papers or the death certificate of a deceased former spouse.
You must be at least 18 years of age when you apply for a Australian Marriage Visa. You cannot marry a first degree relative (such as a parent, child, grandchild or sibling). You must pass health and character checks.
Application Process and Documentation
If you are in a committed relationship with an Australian citizen, permanent resident. Or eligible New Zealand citizen and wish to marry them and live in Australia. You may be able to sponsor them for a Partner or Prospective Marriage Visa (subclass 309/100, 820/801 and 300). This is a temporary visa that is valid for 9 months. Once you have married your partner in Australia you can then apply for a Spouse Visa.
In order to meet the visa requirements, you will need to submit a wide range of documents. This will include evidence of your financial commitment, social acceptance and emotional support for each other. It will also require you to provide details of the nature of your household and your daily life together.
The Department will review your application and if satisfied that you meet the eligibility criteria, they will grant the visa. This process can take some time so it is important not to make any travel or immigration arrangements until you receive your visa approval. All documents need to be certified as genuine by a person recognised by the Australian Government. This will normally be an authorised local government official or a State Public Notary.
Benefits of the Australian Marriage Visa
Having a spouse in Australia gives you many benefits, especially in terms of immigration. For instance, if you are in a legal marriage or de facto relationship with an Australian citizen or permanent resident, they can sponsor you for a Partner Visa. This is an excellent option if you want to migrate to the country permanently.
A partner visa allows you to live with your sponsor in Australia for two years and, if the relationship continues to be genuine and continuing, you can apply to settle permanently in the country.
There are various types of partner visas, including temporary and permanent. All applicants must prove that their relationship is genuine and continuing. This can be done through documents such as invoices in both names, joint photographs, email correspondence, airline tickets and rental contracts.
Another option for migrants to the country is a Prospective Marriage Visa (Subclass 300). This type of visa is for fiances and fiancees of Australian citizens, permanent residents and eligible New Zealand citizens who want to travel to the country to get married.
Pathway to Permanent Residency and Citizenship
If you are in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen and are located overseas, you may be able to apply for a visa under the Australian Marriage Visa category. This visa provides a pathway to permanent residency through a two-stage process, after which you are eligible for citizenship.
The first stage of the visa is a temporary visa, under the subclass 300 Prospective Marriage visa (often referred to as the ‘fiance’ visa). This visa lasts for nine months and requires that you marry your sponsor. If you and your partner are still together at the end of this timeframe, you can then lodge a combined subclass 820/801 onshore Partner visa application.
This staged approach is the Department’s way of ensuring that you are in a committed and genuine relationship before it will grant you a permanent partner visa. It is important that you obtain professional help to ensure that you meet all of the requirements, including those relating to your health and character. Using a professional migration agent or immigration lawyer will save you time, money and frustration.
