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What effect will getting married have on our Partner Visa Application?

Now this blog is all about myth busting some of the biggest misconceptions when it comes to partner visas. This blog is not intended to crush the dreams of any woman or man hoping the partner visa process would encourage the need for a wedding. The short and sweet of it is, marriage is not essential to be eligible for a partner visa.

The decision of when to marry or not is best to be made when you’re ready for marriage, not because you feel that it’s the only way for you to be together in Australia. Today’s blog entry looks at the effect getting married may have on your related visa situations, so you can decide whether or not it’s necessary for you to marry now or at a date when your beloved can surprise you!

SO here it goes……

#Myth 1 – Marriage to an Australian citizen or permanent resident qualifies a Non-Australian partner to live and work in Australia…

Not true!

Busting one of the biggest myths out there right now, we can tell you that ‘getting married or registering your relationship has LITTLE effect on your immigration status’. That’s right!

People often think if they are married, the Non-Australian partner qualifies for citizenship automatically, but this is not the case. You 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!

#Myth 2 – Having a child with an Australian citizen or permanent resident gives a Non-Australian resident automatic citizenship rights…

False!

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).

#Myth 3 – Getting married will make applying for the Partner Visa cheaper!

The short answer is “It won’t!!” unfortunately.

Even if you do get married, you still have to go through the process, the same as everyone else and apply for a visa under the Partner Visa stream. You still have to pay the outrageous $7000 government fee to lodge the application, and you still have to supply all the evidence showing your financial and social commitments.

So with the cost myth, getting married will actually be more expensive as you will have the combined cost of the wedding AND the Partner Visa application.

Okay! so that is three major myths busted, what are some of the other questions we get asked about getting married for the sake of the visa?

“What if we just get married to get a Visa?”

Good question! And on this one, we offer some considered advice…..

We think it’s an incredibly bad idea to get married for the sake of a Partner Visa, for a number of reasons:

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;
Marriage carries with it long term legal commitments which could have future financial consequences that you can’t see right now;
The Partner Visa process is stressful enough and if your relationship is not at the ‘marriage stage’, the added pressure can cause avoidable complications.

In fact, we’ve seen plenty of cases where couples in a married relationship have come to us with a visa refusal! You really want to get married at a time that suits you and your partner, so you can plan ahead and have the wedding you’ve always wanted.

“Okay!” you say, and by now we are guessing, have we totally put you off the idea of marriage? Have we dashed dreams for those happy ‘the wedding’ may happen sooner or relieved those Aussie men who were feeling the pressure? We hope not, there are ‘upsides’ too…

Which brings us to another commonly asked question,

“What does marriage actually do for the Partner Visa process?”

While marriage may not be necessary for your partner visa to be successful, getting married or registering your relationship will remove the requirement to prove that you have been in a 12 month ‘de facto’ relationship. Having celebrated your wedding is likely to result in some additional evidence like wedding photographs and witness statements from family and friends who attended will be good 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 of Immigration and Border Protection 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, immigration will take a very close look at your case to ensure the marriage is not just for immigration purposes. Now, we are not saying a ‘shotgun’ wedding case would not be approved but you would have to provide supporting evidence as proof of your ‘genuine and continuing relationship’ the same as everyone else. You won’t have the advantage of ‘time’, meaning you won’t have as much evidence of the various aspects of your relationship that a couple who have been together for 12 months may have. Immigration may have concerns about how well you know each other.

And this brings us to the question,

“What about Getting Married vs Registering the Relationship?”

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”. In this case, one party was not in the country when the relationship was registered. However, they registered their relationship nonetheless.

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 have more Partner Visa related questions, then check out our FAQ page or if you feel it’s time to get answers to your specific questions, call and get yourself booked in for a Visa Planning/Advice Session on Ph: 07 3063 1200.

Find out how we can help

 

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.

  • Chrystal BRETON says:

    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.

    • Avelyn Chen says:

      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.

  • Abigail says:

    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.

    • Avelyn Chen says:

      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?

  • Jesse says:

    If we apply for a De Facto Visa and then get Married, how will we change the visa application? if we need to? Thanks

  • Imogen says:

    If the visa is denied, do you lose the $7000 ?

    • Avelyn Chen says:

      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.

  • Eline de Jong says:

    Dear Avelyn, can I get marry my fiance on a granted 820?

    • Avelyn Chen says:

      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?

  • Leila says:

    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

    • Avelyn Chen says:

      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.

      • Leila says:

        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!

        • Avelyn Chen says:

          Hi Leila, I think the person giving you advice may be thinking about the prospective marriage visa.

  • Briar-Kait Thompson says:

    My Fiance is currently has a defacto relationship visa with his ex. Is he able to marry me whilst still on that visa?

    • Avelyn Chen says:

      Hi Briar, I’m not sure I understand your question. Has your partner and his ex broken up? Is he an Australian citizen?

  • Marian says:

    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!

    • Avelyn Chen says:

      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.

  • May says:

    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!

    • Avelyn Chen says:

      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

  • Marie says:

    Hi my partner and i are planning to get married here in Australia next year. My question is that can we get married in Australia while I’m under tourist visa? If yes, whats gonna happen next? Does that mean we will apply for partner visa next? Please help me. Thank you.

  • Danny says:

    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

    • Emma Drynan says:

      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.

  • Derek says:

    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

    • Emma Drynan says:

      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.

  • SavLab says:

    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?

    • Emma Drynan says:

      Hey SavLab, this would not be a straightforward application, please give our office a call so we can help you 07 3063 1200.

  • Y.S says:

    Hi there,

    We just applied PR (subclass 182) together As de facto status then finally planned marriage however our immigration agency advised us not to get married until the visa get finalized.
    My question is just why? It’s good to prove out relationship is not fake and our status is engaged.
    What would happen if we get married during the PR process ? My fiancé used to have 457 visa and holds bridging visa A now.

  • Emma says:

    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

    • Emma Drynan says:

      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

  • Estefany A. says:

    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?

    • Emma Drynan says:

      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.

  • lyndsay says:

    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?

    • Emma Drynan says:

      Hi Lyndsay, what subclass did you apply for exactly? The subclasses you’ve listed are all different.

  • Becca says:

    I’m going on a student visa with my fiance to Australia. I just want to know if getting married would affect our chances of getting a PR on time.
    Thanks

  • John says:

    Hello I hope you can give me some advice. My partner is an applicant for protection Visa and I’m an Australian citizen. We have been living together for over 12 months. we now want to apply for a partner visa. How would either affect each other. Or can I just apply for partner Visa. Thank you

    • Emma Drynan MARN0960361 says:

      Hi John, it’s a bit hard to give advice on this subject over message. Please give our office a call and we can definitely help. 07 3063 1200

  • Natasha says:

    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

    • Emma Drynan MARN0960361 says:

      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.

  • Sinny says:

    Hi just quick question I got provisional resident 820 now just want to asking if I can I get married in Australia

  • Deena says:

    Hi
    I am waiting for nsw 491 visa to be granted with 90 points. I have applied as a single applicant. However, it looks like long process. Therefore, will it affect in visa if I get married.
    Could you please suggest me, what would be the best option.

    Thank you
    Deena

  • Naya says:

    Hi am on students dependency but then having problems with the guy and it’s leading to a divorce
    How can I apply
    For a visa to stay in the country please and is that possible?
    Is urgent please
    Thanks

  • Bijay Joshi says:

    I am currently on 491 Bridging Visa A and have claimed 10 points for being single while lodging it. As the waiting time is forever, I wanted to know if I can marry during this period? Will it affect my visa application since I was single when I claimed the points?

    • Emma Drynan MARN0960361 says:

      Hi Bijay, we specialise in Partner Visa applications but we may be able to refer you to a few Migration Agencies that can assist you. Please give our office a call at 07 3063 1200.

  • tammy says:

    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.

    • Emma Drynan MARN0960361 says:

      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/

  • Cinnie Francis says:

    My brother just got married overseas he wants to apply for a tourist visa for his spouse to bring her her out for a holiday before he applies for her permanent visa application. What is required

  • Brian Taylor says:

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  • Catherine says:

    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

  • Adara says:

    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?

  • Ritish says:

    What happens when we apply single and after getting visa we get married does this affect visa of applicants.

    • Emma Drynan MARN0960361 says:

      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/

  • Chris says:

    My girlfriend is on a bridging wait for a 866 visa can we apply for a partner visa as well

  • Monique says:

    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.

    • Emma Drynan MARN0960361 says:

      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/

  • Lucia says:

    Hi,
    I am on a Working Holiday 462, that is currently a Bridging visa while awaiting for my third working holiday visa grant.
    I got married months ago, while I was on a bridging visa (I didn’t know that it wasn’t allowed).

  • J says:

    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?

  • About the Author Emma Drynan MARN0960361

    Emma is the founder and principal migration agent at Freedom Migration. She is extremely passionate about uniting partners and families with their loved ones overseas. It might be because she's a product of a partner visa family.

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