Are you planning to get married to an Australian? Get to know your visa options

Clint Heenan

Partner Visas

The link between marriage and visa rights in Europe, America and Asia is vastly different to that in Australia, yet the number of unions with one or more partners born outside the country is on the increase.

Data from a 2015 McCrindle research report showed that 45% of the marriages which took place in Australia had one or more partners that were born overseas. Later data from the Australian Bureau of Statistics also pointed to an increase in the number of culturally diverse marriages.

In 2017, a report from the bureau indicated that the number of marriages between two people that were born in Australia fell from 72.9% to 54.5% between 2006 and 2016. Meanwhile, the number of unions between two non native Australians increased to 13.9% during this period and that 31.6% of all marriages in 2016 were between people born in different countries.

It appears that unions consisting of one Australian citizen and one overseas citizen are continuing to increase, but it’s important that these couples know what visa options are open in this situation and how they can apply for them.

This blog post will discuss the eligibility criteria for the various visa options as well as the benefits of consulting with an immigration agent in Brisbane if you do find yourself in this position. Companies such as Heenan & Browne work with people in all different situations including those getting married, regardless of whether it will be the person’s first time in Australia or if they are already on a temporary, skilled or permanent visa and will need to transition to a different type.

What is the fiance or prospective marriage visa?

The subclass 300 visa is available to people who are over 18 years of age that intend to marry either an Australian citizen, a permanent resident or a New Zealand citizen that meets certain criteria.

If granted, the applicant will be given a visa for a period of between nine and fifteen months to travel to Australia and marry their partner. During this time, you can live, work and even study in the country during the period and you may also leave and re-enter the country as many times as you wish.

You must apply for this visa from outside of Australia and unfortunately processing times can be up to nine months. There is also a significant cost associated with the visa which starts at $8,850 according to the Australian government.

Same sex marriage is legal and accessible in Australia so partners in a same sex relationship can apply and obtain this visa.

Family members of the applicant

The Australian government allows those looking to obtain the prospective marriage visa to include family members, including dependent children in their application, although there is an additional cost to this.

Each additional family member must also be outside of Australia and they must pass both a health and character check before they are granted the visa.

If you have applied for the prospective marriage visa and you then find out that you’re pregnant or you give birth after your application, you should contact your migration agent for advice on this as it may be necessary to revisit your application and adjust the information it contained.

Change of visa after marriage

As mentioned, you must marry your prospective spouse before the nine to fifteen month period is up and after this, you will need to move to a different visa, most likely a partner visa.

There are two types, the onshore  temporary partner visa, also known as subclass 820, and the permanent partner visa, also known as subclass 801. Both allow the partner of an eligible citizen or permanent resident  to live in Australia but typically, people will be granted the subclass 820 first and remain on that for some time, before applying for  the subclass 801.

For the Subclass 801, you can be in or outside Australia  when you apply and you can apply for it 2 years after you applied for Subclass 820  partner visa. To qualify for subclass 820 and further subclass 801  visa, you must be in a genuine relationship with your spouse or de facto partner and you should be able to prove this.

The cost varies; if you’re transitioning from a prospective marriage visa, then you will be charged something in the region of $1,475, but, if you have not been on this visa, it will cost $8,850.

If you’re granted this visa, you’ll be able to live, work and study in the country, access free English classes and apply for Medicare.

The permanent partner visa allows those who obtain it to access all of the above plus apply for citizenship after you meet general residence requirements. Both visas (Subclass 820 and 801) will require a separate application and relationship evidence.

The visa application fee  of $8,850 paid at the time of loding subclass 820  covers both the temporary (820) and permanent (801) visas so there is typically no visa application charge  when the time comes to apply for your Permanent partner visa. However, you will still need to meet certain criteria, including proving that you are in a legitimate relationship with an eligible citizen or permanent resident. After some time on this visa, you may be able to apply for Australian citizenship.

When it comes to marriage in Australia, the visa requirements are not always clear cut and the process can be overwhelming, which is why working with a reputable migration agent in Brisbane is the clever option. Making mistakes on applications or losing money applying for the wrong visa can happen very easily, which Heenan & Browne Visa and Migration Services know all too well. Our team of professional and experienced agents can help you to avoid this. If you and your partner are planning to apply for a prospective marriage or partner visa, do it properly with the help of the right immigration agent in Brisbane: Heenan & Browne.

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