Can You Get Married on a Visitor Visa in Australia?
Tourist and Visitor Visa holders can marry in Australia while on a Temporary Visa, as marriage in Australia is not determined by a person’s migration status.
To legally marry in Australia, the parties must:
- Be over 18 years of age;
- Each party must provide valid identification, such as a birth certificate or current passport;
- Not be married to another person;
- Not marrying a close relative – that is, a parent, grandparent, child, grandchild, brother, or sister (this includes relatives by adoption);
- Understand the meaning of marriage and freely consent to the marriage;
- Complete and provide a Notice of Intended Marriage to an authorised marriage celebrant; and
- Utilise specific words during the marriage ceremony.
Marrying an Australian Citizen or Australian Permanent Resident
Getting married in Australia, or marrying an Australian Citizen or Australian Permanent Resident, does not change a person’s visa or migration status.
Rather, the individual must continue to abide by the Visitor Visa conditions set by the Department of Home Affairs (Department), including not working while in Australia and leaving Australia once the travel facility or visa expires.
Remaining Onshore as the Spouse of an Australian Citizen or Australian Permanent Resident
To remain onshore as the spouse of an Australian Citizen or Australian Permanent Resident following a wedding ceremony in Australia, the couple must meet the eligibility criteria set by the Department for the onshore Partner Visa.
Alternatively, if the couple does not meet the eligibility criteria for the onshore Partner Visa, the Temporary Visa holder may need to depart Australia and lodge an offshore Partner Visa, despite having married in Australia.
Partner Visa Criteria
Whether applying for the onshore or offshore Partner Visa, the Department has specific criteria that must be met by the visa applicant, and their spouse and sponsor, both at the time of application and at the time of decision.
Primarily, couples must provide substantial evidence of the relationship/marriage that meets the following criteria:
- Commitment to one another;
- Nature of the household;
- Financial aspects of the relationship; and
- Social aspects of the relationship.
There are also sponsorship obligations that the Australian Citizen or Australian Permanent Resident spouse must meet as a sponsor, primarily being limited to sponsoring only two partners in their lifetime and generally waiting 5 years from the lodgement date of the first Partner Visa application before sponsoring someone else.
Overall, while Temporary Visa holders can legally marry in Australia, the Partner Visa application process can be complex if the visa applicant wishes to remain onshore with their spouse.
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Related Blog – Can a Divorced Person Sponsor a Partner Visa in Australia?