Last updated: 30 January 2025
If you’re reading this blog, I can assure you the real benefits of marrying an Australian citizen is that you’re lucky enough to have met the love of your life and they want to share a pretty awesome place with you. BUT this blog is all about busting some of the biggest myths and misconceptions when it comes to marriage and Partner Visas!
Today we are doing a deep dive into the benefits of marrying an Australian citizen (or permanent resident) when it comes to visa related situations, so you can decide whether or not it’s necessary for you to marry now or in the future or if ever. The short and sweet of it is, marriage is not always essential to be eligible for a Partner Visa.
Although it’s not my intention to crush the hopes and dreams of anyone who thought the Partner Visa process would encourage talks of marriage, a romantic proposal or a destination elopement, getting married is both a legal commitment and something that is deeply personal.
It’s important that you and your partner take the time to consider if this is what is going to work best for you as a couple as well as how this decision might factor in to your Partner Visa plans (not just the benefits of marrying an Australian citizen).
Myth #1: Marriage automatically qualifies you to live and work in Australia
Not true!
This is one of the biggest myths out there and many believe this is one of the biggest benefits of marrying an Australian citizen. We can tell you that ‘just getting married’ has little effect on your immigration status.
People often think if they are married, their partner will qualify for citizenship automatically or that there is NO WAY the Department could reject a visa for a married couple, but this is simply not the case.
Your relationship status is just one piece of the puzzle when it comes to immigration requirements.
If you and your Aussie partner have plans to be together in Australia, for the short or long term, then you’ll need to look at applying for a visa that will suit your circumstances. If it’s a Partner Visa, you will need to prove you are in a genuine and continuing relationship, just like everyone else. A marriage certificate alone doesn’t do that!
Obtaining citizenship and the coveted Aussie passport might be a goal you work towards, but it’s certainly not one of the automatic benefits of marrying an Australian citizen.
Myth #2: If you have a child together this will give you automatic visa or citizenship rights
False!
People often assume that if marriage alone doesn’t work that having a child together MUST be the solution. Surely if you are the parents of an Australian citizen you can get a visa right?
WRONG! Well, kind of. Having an Australian citizen child doesn’t qualify you for anything on its own, you need to apply for a suitable visa, for example, a Partner Visa or maybe a parent visa (depending on what you best meet the requirements for) and there’s a whole host of other requirements that need to be met.
All visas have different criteria, like whether or not you need to hold a specific type of visa to lodge a valid application, and different conditions that need to be met at the time you apply or at the time a decision is made on your application in order for it to be successful.
In cases where you have children together, and can demonstrate you have been married or in a committed de facto relationship for at least two years immediately before applying, you may be eligible for the coveted “Double Grant” and bypass the standard two year wait period to be considered for a Permanent Partner Visa.
Myth #3 – Getting married will make applying for the Partner Visa cheaper
The short answer is “It won’t!!” unfortunately.
The Partner Visa application fee is the same amount regardless of if you apply as a de facto couple, a married couple or where you are engaged and you are applying for a Prospective Marriage Visa. You still have to pay the outrageous government fee to lodge the application, and you still have to supply all the evidence that proves you are in a genuine and continuing relationship.
All in all, getting married will likely be MORE expensive as you will have the combined cost of the wedding AND the cost of your Partner Visa application.
Myth #4 – Married couples are taken more seriously than de facto couples
For this one, we offer some considered advice.
A marriage certificate is not the magic piece of paper that will result in your visa being granted. It just doesn’t work like that. In fact, we’ve seen plenty of cases where couples in a married relationship have come to us with a visa refusal. Usually, it’s because they simply didn’t provide enough evidence to prove their relationship, and were under the impression that being married be it for a short period or for several years would be enough. This couldn’t be further from the truth.
The burden of evidence for Partner Visas is high no matter how long you have been together and if you are married or not. The law requires that all couples applying for a Partner Visa can show that that they have a mutual commitment to a shared life to the exclusion of all others; and the relationship between them is genuine and continuing; and they live together; or do not live separately and apart on a permanent basis.
Whilst the Department will give some weight to marriage in terms of the nature of your commitment, this needs to be assessed within the context of your entire relationship history, and no two cases are the same. They will want to know all about why you decided to marry, how you have set your life up as a couple, and what marriage means for you and your relationship.
We have seen plenty of de facto couples who arguably have made more serious commitments to each other that don’t include marriage like raising children, opening businesses, and moving halfway around the world to be together. Often this means being away from their extended family and support system and may include significant language barriers or a string of complex cultural differences to navigate. Marriage isn’t for everyone, and when it comes to a Partner Visa application it’s certainly not the be all and the end all.
As long as you have evidence to sufficiently document and explain how you organise your lives as a couple and meet the legal definition of either a spouse (married) or a de facto partner then the Department treat both types of relationship equally.
“What does marriage actually do for the Partner Visa process?”
While marriage may not be necessary for your Partner Visa to be successful, it may be something to consider if you are unable to meet the eligibility criteria as de facto partners.
Having celebrated your wedding is likely to result in some additional evidence like wedding photographs and witness statements from family and friends who attended which will all be great evidence, although a statement from the drunk uncle might not be a great idea.
However, a marriage certificate alone does not prove you are in a genuine and continuing relationship, which is really the key element the Department consider when assessing your Partner Visa application.
For example, if you and your partner get married within one to two months of meeting, or you have very little evidence of being in a relationship prior to the wedding, you can expect to face some scrutiny in your application.
Now, that’s not to say your visa won’t be approved but you won’t have the advantage of ‘time’, meaning you may not have as much evidence of the various aspects of your relationship that a couple who have been together for several years. It’s important that the application is prepared in a way to address any potential concerns a case officer might have about how well you know each other.
Unlike de facto couples, there isn’t a hard and fast rule about how long you must be married to apply. Your visa cannot be refused simply because you’ve only been married for a short period or haven’t known each other for as long as some couples. Everyone’s timelines are different and the onus is on YOU to prove the level of commitment required.
Although it took a few (cough…seven…cough) years before my now husband proposed to me, I am very much a part of the “When you know…you know!” clique. 10 years on, I still think about how it was on our very first date that I had a feeling that this was someone I wanted in my life forever, so it’s all about how you put your love story onto paper.
“What about Getting Married vs Registering the Relationship?”
When it comes to applying for a Partner Visa as a de facto couple, there are some minimum length of relationship rules. Couples need to demonstrate they have been in a de facto relationship for the full 12 month period immediately prior to lodgement of the application. While proving your commitment, it could be argued in some cases that marriage carries more weight than registration of relationship or civil union. In a recent case from the Department of Immigration, the decision-maker said (and I quote): “I give little weight to a registration of relationship certificate given how easy it is to obtain”.
The Benefits of Marrying an Australian Citizen In Summary…
Marriage will not affect your immigration status directly, although it may be very useful in proving to the Department of Immigration and Border Protection that you and your partner are in a genuine and continuing relationship.
If you were relying on some of the benefits of marrying an Australian citizen that we’ve debunked today (or you’ve realised there’s a lot more that goes into this Partner Visa thing), you might benefit from a Partner Visa Consultation with our team.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
53 Responses
Hello ! I am a little confused, it says ”getting married or registering your relationship will remove the requirement to prove that you have been in a 12 month ‘de facto’ relationship”
but then it is also quoted ”you still have to supply all the evidence showing your financial and social commitments.”
Maybe I’m missing the subtlety but it sounds like you’d still have to provide the same kind of paperwork regardless.
Hi Chrystal,
Yes, you are 100% correct, even if you get married or register your relationship you will still need to provide sufficient evidence to prove your relationship is genuine.
Can I still apply for the De facto if my partner and I are engaged? We don’t plan on getting married for a few years, so we don’t want to get the fiancé visa.
Hi Abigail, de facto or fiancé, it’s essentially the same visa you are just applying on de facto grounds. How long have you and your partner been in a de facto relationship?
If we apply for a De Facto Visa and then get Married, how will we change the visa application? if we need to? Thanks
Hi Jesse, you don’t need to change the application, it’s the same visa, check out this blog Emma wrote a while back https://www.freedommigration.com/whats-the-difference-between-an-australian-spouse-visa-partner-visa-defacto-visa/ Hope this helps…
If the visa is denied, do you lose the $7000 ?
Hey Imogen, the short answer is yes, the application fee is not refundable if the visa is not successful. You may however have the right of an appeal but this is even more expensive. You really want to make sure you get it right first time, that’s why we tell everyone to get some advice before proceeding. We offer a 1hr Visa Planning Session for $165, considering you are putting $7k on the line it’s a basic step that everyone should take so you know what you are getting yourself into.
Dear Avelyn, can I get marry my fiance on a granted 820?
Hi Eline, thanks for your question. I’m not 100% sure what you are asking. Can you give me some more details? Do you want to apply for a onshore Subclass 820 Visa?
Hi Avelyn,
If my partner and I submit for an 801/820 visa, are we not allowed to get engaged or married during the waiting period (bridging visa) and also once it has been granted? We will be sending our application in the next two months but intend to be engaged to be married in the next 1.5-2 years
Hi Leila, Generally, no, it doesn’t matter when you get married for the Subclass 820. This would normally only be an issue if you were applying for a Prospective Marriage Visa, subclass 300. It’s a really good idea to get a little bit of advice before you lodge your application.
Hi Avelyn,
Thanks for responding! We did end up applying as there was a new law kicking in and wanted to get everything sorted ASAP. Only reason I asked was because we had been advised that once you’re on the bridging visa A, you can’t get married/change your status until the visa has been granted (which could take 20-26 months). Surely getting married on the bridging visa would make the application stronger?
Thanks!
Hi Leila, I think the person giving you advice may be thinking about the prospective marriage visa.
My Fiance is currently has a defacto relationship visa with his ex. Is he able to marry me whilst still on that visa?
Hi Briar, I’m not sure I understand your question. Has your partner and his ex broken up? Is he an Australian citizen?
Hi, my husband and I have been married for a year, we’ve been together 3 years before that. I’ve lived in australia for a total of 6 months (3 months each entry) after our marriage. My name is not on the lease because my husband still shares rent with his workmate. We have a joint bank acct, travels together, social evidence, etc. However, I’m finding it difficult to supplement the Household aspect of our marriage cos we havent lived together long enough.Any advices for married couples who haven’t lived long enough? mainly because I’m only on a multiple tourist visa each time i enter Australia. Will appreciate any insight! Thanks!
Hi Marian, this is such a huge subject I can’t really address it properly in a blog post reply. I think someone in your situation would really benefit from checking out our Partner Visa Academy https://thepartnervisaacademy.com.au it’s ideal for someone like yourself who wants to DIY but is struggling with it. As part of the package you also get a 1hr session with one of our migration agents who will be able to go into the detail required to address your questions. There is a free demo so you can check it out before you buy.
Hi there,
My Aussie partner and I (US citizen) are currently waiting for my Partner Visa to be approved. I’ve been living in Australia for 2 years and I’m currently on a Bridging Visa B. We submitted our Partner visa over a year ago and we’re now wondering if getting married BEFORE it’s approved will hurt or help us. Should we get married in the US (going to Hawaii in July for a friend’s wedding) or in Australia?
Thanks for any advice!
Hi May, getting married could potentially be good evidence. It doesn’t really matter where you get married as long as it is a legal marriage and not just a religious ceremony. Enjoy Hawaii
Hi. My partner/girlfriend is offshore(im Australian), we known each other for under 12months and are living separately from each other obviously, and will marry soon. After marriage i want to bring her to live with me, is there going to be a problem applying due to the short marriage time* before applying for a partner visa and not being able to live with each other during our relationship? How will we prove our commitment and financial commitment if we havent lived together during this time?
Thank you.
Danny
Hi Danny, Thanks for your question. As you probably read in the blog a marriage certificate on it’s own is not enough to meet the requirements of a partner visa. To answer your question fully I would really need to sit down with you and have a look at your complete situation and from there we can advise on what evidence you could use. We have had a lot of couples in similar situations to yours and the key is to start planing early as possible. You might also want look at another visa option. Give our office a call on 07 3063 1200 and we can defiantly help you.
Hi, my partner and I have been married for 4 years and we have Australian marriage certificate. Do we need to provide proof documents like 888 forms, photos and bills applying for partner visa? Or only marriage certificate is enough?
Thank you,
Derek
Hi there Derek, providing a marriage certificate would definitely not be enough. Please give our office call and we can help you with a more complete evidence list.
My brother and his partner met online, they chatted / video called for 4 months before he arrived in Aus on a tourist visa – no conditions besides no work. Does not have 8503 clause. They met in person Mid December 2019, got engaged NYE and after moving in together have decided they want to be married and make sure he stays here so they are together. Wedding is in February. His tourist visa expires in early March. Will they be able to successfully lodge and get a 820 visa based on this scenario?
Hey SavLab, this would not be a straightforward application, please give our office a call so we can help you 07 3063 1200.
If my partner is on a student visa right now living in Australia from the US, and we get legally married whilst he is still on that visa, will he still need to apply for a partner visa off shore or can he apply on shore? As boarders are closed due to covid 19.
And also, if we do want to get married legally before his visa expires but have a normal wedding and live as a married couple once restrictions are lifted to 150 people gatherings and can get married According to our religion.
Can immigration take this into consideration or would I need to pay for the prospective marriage visa even if I am already legally married as opposed to just the marriage visa.
Say this doesn’t work (none of these options, is Australia still offering working holiday visas as of august. (His visa expires in September)
Let me know
Hey Emma, marriage certainly won’t guarantee anything when it comes to a partner visa. They are different things.
It looks like you have been doing a lot of research into partner visas as you have addressed a number of different options/visa subclasses here.
I think what you really need to do is give us a call and we can show you exactly what visa you’ll need to apply for so that you and your partner can start planning the rest of your life together. Call our office at 07 3063 1200
I’m applying for 801(partner visa)as a de facto status in August. Currently, I hold a student visa subclass 500 which expires in November 2021. My agent told me that I can get married when I get the 820. Is that true? Or Can I get married when I get the 801?
Hi Estefany,
Getting married has got nothing to do with your visa status. They are two very separate things. I think it would be a good idea to give our office a call on 07 3063 1200 and we can talk you through the process.
hi,
me and my partner (he is Australian i am scottish) have applied for the partner or perspective marriage visa ( 300,309,100,820,801) a year ago. I have been in Australia for nearly two years and we have been together for over 3 years. we have a lot of evidence and we registered our relationship over a year ago. We are planning to get married at some point just wondering if it is better to do it now to support the visa or wait? i am just worried at present about trying to return home for a trip next year (sisters wedding so cant miss it) and not being able to return as only on a Bridging visa A. would getting married speed up my application and grant me residency quicker?
Hi there! My partner and I have been together for 3 years and he is an Australian citizen. We applied for the 820/801 partner visa and the 820 got granted in October 2020. My partner and I just got engaged in December. I am wondering if we have to wait for the 801 to be granted in order to get married or are we ‘allowed’ to get married whilst I’m on the 820 visa? Will getting married affect the 801 application when we have to apply for it? Thanks in advance x
Hi Natasha, you seem to have a lot of questions. Please give our office at 07 3063 1200 so we can provide you with the best advice suited for you and your partner’s application.
Hi, I am currently on tourist visa and planning to apply for partner visa 820 before my current visa expires in mid June. My partner and I have been together for 7+ years and he is Australian citizen. We have not been living together as we were in a long distance relationship and I was only able to arrive in Australia in March due to Covid travel restriction.
We are not able to register our relationship as we are in WA. We are now thinking to just lodge our partner visa application first and then get married and attach the marriage certificate after lodgement to strengthen our application. Would that make our application ‘dubious’? Also would it be an issue for us to choose ‘engaged’ or ‘de facto’ relationship at the time of visa application even though we haven’t registered our relationship and we are not able to produce cohabitation proof for 12 months. We do have other proof such as joint bank statement (also less than 12 months), travel photos and text messages.
Any advice would be greatly appreciated. Thank you.
Hi Tammy, it sounds like you still have a lot more you want to ask before you lodge your application and we want to help give answers to these questions. Our best advice for you is to book a session with our Registered Migration Agent so she can give you clarity around the Partner Visa questions you have and provide you with the most suitable Partner Visa Advice.
You can give our office a call so we can assist you in booking a Visa Consultation with our Registered Migration Agent or you can directly book the visa consultation by clicking the link below:
https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Could you please help me out with the question as followed-
If a Woman goes to Australia after getting engaged in India and decides to register her marraige in Australia.
1. Does she have to return to India immediately?
2. How do the couple ge their marriage registered in Australia?
3. If its an arranged marriage then how hard would it be for them to get married and also apply for the spouse visa at he same time while expectioto get a bridging visa so that she doesn’t have to return back home at the end of her Tourist Visa.
The man is a Permanent Resident. The woman is on a 3 month tourist visa. Tourist visa is most likely to end around June 2022. That’s this month.
Please get Asap
Hi Catherine, it seems like you have a lot of questions which are all best answered in a Visa Consultation call. Please give us a ring so we can assist you and book you in for a consult or simply book the consultation by clicking the link below:
https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hi there, my boyfriend is a US citizen and we planned to get married in Australia next year and then apply for Partner Visa 820/801. What type of visa is best for him to enter Australia?
Hi Adara, congratulations in advance! We’d love to assist and provide you with the best partner visa options. However, the best way we can do that is if we have more information of your love story.
Please give us a ring so we can assist you and book you in for a consult or simply book the consultation by clicking the link below:
https://www.freedommigration.com/how-to-book-a-visa-planning-session/
What happens when we apply single and after getting visa we get married does this affect visa of applicants.
Hi Ritish, we would love to give you a definite answer. However, this is a question where there can be multiple answers which means we will require more information about you, your partner, and your relationship over the years.
To get a personalised advice, please give us a ring so we can assist you and book you in for a consult or simply book the consultation by clicking the link below:
https://www.freedommigration.com/how-to-book-a-visa-planning-session/
My girlfriend is on a bridging wait for a 866 visa can we apply for a partner visa as well
Hi Chris, this is a matter we believe is best talked about in private. Please give us a call at 07 3063 1200 or book a Visa Consultation with me.
To book, click here: https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hi,
I am Australian citizen and my partner and I registered our relationship due to 12 month defacto rule. If we get married before 820 is granted will this have negative consequences? We were already engaged before applying.
Hi Monique, thanks for reaching out. Every partner visa application is a unique case of their own which means that we will need to know more about the details of your relationship and the partner visa application you have lodged before we can give you any advice on this matter. Please give us a call at 07 3063 1200 or book a Visa Consultation with our Registered Migration Agent here https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hi there, we would like to ask if we can get married less than three months before we lodge an 820 visa? my fiance is Australian citizen, and I am on student visa. we have been in de facto relationship since December 2021, We registered our relationship in NSW in Feb 2022, we got engaged in July 2022. We are planning to lodge 820 visa by Feb 2023. My current visa expires March 2023.. we’ve been reading visa forums that discourages getting married while on bridging visa for 820 hence we couldn’t finalize when is it safe to get married fearing it may lead complications on our application. We were both never married nor have children so there really is no impediment between us, we are also in process in establishing our evidence for the application. Can you advise us if we can marry shortly before lodging? can we marry after lodging?
Hi Joyce, we think it’s best to discuss this in private due to the complexities of the answer to your specific circumstance. We highly suggest you book a Visa Consultation with our Registered Migration Agent for a personalised advice on how you and your partner can move forward.
To book a Visa Consultation, click here: https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hi , can we marry while waiting for a 300 visa and also will we have to pay another $8000.00 . Also would the time waiting already since 1/9/21 go towards the partner visa ?
Thank you .
Mary.
Hi Mary, the Partner Visa Application (subclass 820/801 & Subclass 309/100) fee is currently priced at $8,085. These Partner Visa subclasses (subclass 820/801 & Subclass 309/100) differ from the Prospective Marriage Visa (Subclass 300).
Hi,
I am not married legally with my partner although we are together for more than a decade. we even have 6 years old daughter. I am applying for PR to Australia. Because i dont have a legal marriage certificate, will that impact negatively in granting visa for my Partner or daughter?
Hello TShering, this is best answered through a consultation as we will need more information to provide you with advice suitable to your specific circumstance.
We highly encourage you to book a Visa Consultation here: https://www.freedommigration.com/how-to-book-a-visa-planning-session/
or give us a call at 07 3063 1200
Hi,
I will be applying for the 820 visa as a de facto partner. We’ve been together for long enough and have plenty of evidence. Before we applied, we got engaged. Is that an issue? Can we still get married during the bridging visa or the 820 visa after it is granted?
Thanks
Congratulations on your engagement! Whilst there are no conditions that prevent you from getting married on a Bridging Visa or a provisional partner visa, it’s really important to ensure you have sufficient evidence of your defacto relationship status at the time of application as this criteria needs to be met regardless of a change in circumstances such as becoming married.