Marriage Visa Lawyer: Sponsoring Your Husband or Wife to Australia

A marriage visa lawyer acts for a married couple where an Australian citizen, permanent resident or eligible New Zealand citizen wants to sponsor a husband or wife for an Australian partner visa. My Migration Lawyers works as a marriage visa lawyer for couples across Australia, under the supervision of Principal Lawyer Weiwei Zhang.

Australia does not have a separate visa called a "marriage visa". Married couples apply for the same partner visas as other couples: the onshore Subclass 820 and Subclass 801, or the offshore Subclass 309 and Subclass 100. What changes is the legal test. A married couple is assessed as spouses under section 5F of the Migration Act 1958, and the first question is whether the marriage is recognised as valid for migration purposes. A marriage visa lawyer starts there, because everything else in the application depends on it.

This page explains what a marriage visa lawyer does at each stage of a marriage-based partner visa, from recognition of the marriage through to Department requests, refusals and Tribunal review. The general law on partner visas is covered in the firm's complete guide to partner visas. This page is about the work itself, and about what a couple should understand before engaging a lawyer.

What does a marriage visa lawyer do for a married couple?

A marriage visa lawyer assesses whether the couple meets the spouse definition, chooses the right visa pathway, prepares the evidence and lodges the application, then manages every exchange with the Department of Home Affairs until a decision is made. If the visa is refused, the same lawyer can act on review at the Administrative Review Tribunal.

On a typical matter, the work falls into six stages:

• Assessment. The marriage visa lawyer reviews the marriage certificate, any previous marriages and divorces, both parties' visa histories, the sponsor's eligibility and any character or health issues.
• Pathway. The lawyer advises whether the couple should apply onshore or offshore, and whether any Schedule 3 criteria, condition 8503 or sponsorship limitations affect that choice.
• Evidence strategy. The lawyer identifies what proves the relationship across the financial, household, social and commitment aspects, and where the gaps are.
• Preparation and lodgement. The lawyer prepares the forms, reviews each party's relationship statement, organises Form 888 supporting statements and lodges a complete application.
• Department correspondence. The lawyer responds to requests for information under section 56 and invitations to comment under section 57, and prepares the couple for any interview.
• Review. If the Department refuses the visa, the lawyer advises on review at the Tribunal and acts in that review.

The firm's commercial page for partner visa lawyers sets out the full service. Couples who want a short answer can read the firm's note on who can help with a marriage visa in Australia, and the firm's explanation of what My Migration Lawyers does describes the practice more broadly.

Why a marriage visa lawyer is different from a general partner visa adviser

A marriage visa lawyer focuses on issues that arise only because the couple is married. Those issues include whether an overseas ceremony is recognised, whether a previous divorce is effective, whether the marriage was registered, whether consent was real and whether a marriage after a Subclass 300 meets the conditions of that visa. A de facto couple never faces these questions. A married couple can face all of them, and an error at this stage can lead to a refusal on a ground the couple never expected.

Is our marriage recognised? The first question a marriage visa lawyer answers

Yes, in most cases. A marriage is recognised for migration purposes if it is valid under Part VA of the Marriage Act 1961, applied as if section 88E were omitted. That rule comes from section 12 of the Migration Act. A marriage visa lawyer checks this before anything else, because paragraph 5F(2)(a) requires the couple to be married under a marriage that is valid for the purposes of the Act.

Department policy states that the Migration Act generally mirrors the Marriage Act in deciding whether a marriage is valid, whether the ceremony took place in Australia or overseas. If the marriage is not recognised, the Department does not simply refuse. Policy directs that the relationship be assessed against the de facto definition in section 5CB instead. That fallback can help, but it brings its own requirements, including the 12-month relationship requirement in most cases. A marriage visa lawyer plans for both possibilities where recognition is in doubt.

Marriages that took place in Australia

A marriage solemnised under the Marriage Act in Australia is recognised for migration purposes, provided both parties gave real consent. It is evidenced by a marriage certificate stating the marriage was solemnised under the Marriage Act. Couples who are planning a wedding in Australia should read the firm's guides on how to get married in Australia and the Notice of Intended Marriage. Couples where one partner is on a temporary visa can read about marrying in Australia on a visitor visa and marrying on a bridging visa.

The certificate the couple receives at the ceremony is not always the one the Department expects. A marriage visa lawyer checks whether the registered certificate from the state or territory registry is needed, and the firm's guide to which marriage certificates are accepted explains the difference.

Marriages that took place overseas

An overseas marriage is generally recognised in Australia if it was valid under the law of the country where it took place. Department policy states that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act. A marriage visa lawyer therefore looks at the local law, the registration process and the documents issued, not only at the ceremony.

Common overseas issues include:

• religious or customary ceremonies that were never registered with the civil authorities;
• proxy marriages, which Department policy accepts only where local law permits consent by proxy, the marriage followed that law and both parties gave real consent;
• marriages registered on a different date from the ceremony;
• certificates in a foreign language that need certified translation; and
• divorces from earlier marriages that are not recognised in the other country.

The firm has published detailed guidance on whether an overseas marriage is recognised in Australia, on unrecognised overseas marriages, and on religious or cultural marriages. Couples with an unregistered marriage or a proxy or online marriage should take advice from a marriage visa lawyer before lodging.

Marriages that are not recognised for migration purposes

Some marriages are not recognised under the Migration Act, even where they are valid in the country where they took place. Department policy lists:

• certain polygamous marriages, where only the first marriage is capable of recognition, and the couple cannot meet the requirement of a shared life to the exclusion of all others while another marriage continues;
• marriages between people within a prohibited degree of relationship;
• certain underage marriages, including marriages where a party domiciled in Australia was under Australian marriageable age; and
• marriages where either party did not give real consent, for example because of duress or fraud.

Marriages recognised only under common law rules of private international law, through section 88E of the Marriage Act, are not recognised for migration purposes because section 12 excludes that provision. The firm's notes on polygamous marriages, cousin marriages and what makes a marriage valid for a spouse visa explain these rules in more detail.

Previous marriages and divorces

A previous marriage that has not ended is one of the most common reasons a marriage visa lawyer cannot rely on a later marriage. If either party was still married to someone else on the date of the new ceremony, the new marriage is generally void, and the Department will assess the relationship as de facto if it can. The firm's guide to a partner visa while still married to someone else and the note on applying while still divorcing cover this situation.

Two Tribunal decisions recorded in the firm's database illustrate the point. In Najem (Migration) [2026] ARTA 575, a Subclass 309 matter, the issues recorded were a marriage in the home country before the divorce of the sponsor's first marriage was finalised, and assessment of the relationship as a de facto relationship. The Tribunal remitted the matter. In Kandel (Migration) [2024] AATA 160, also a Subclass 309 matter, the issues recorded included an Australian divorce that was not recognised in Nepal and different registered marriage dates. The Tribunal remitted that matter too. Each case turns on its own facts, but both show why a marriage visa lawyer examines the divorce papers as closely as the marriage certificate.

Recently married? How a marriage visa lawyer approaches the evidence

A recently married couple can apply for a partner visa straight away, because the 12-month relationship requirement in regulation 2.03A applies to de facto relationships, not to marriages. A marriage visa lawyer will still advise that the marriage is only one part of the test. Paragraphs 5F(2)(b), (c) and (d) require a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis.

Regulation 1.15A requires the Department to consider all the circumstances of the relationship, including four matters: the financial aspects, the nature of the household, the social aspects and the nature of the couple's commitment to each other. These are assessed aspects of the relationship. They are not separate statements. Department policy also confirms that there is no fixed length of marriage required, although the length of the marriage is taken into account.

When the marriage came quickly

Couples who married soon after meeting are often refused because the evidence does not explain how the relationship developed. A marriage visa lawyer builds the history in order: how the couple met, when they met in person, how the relationship progressed, why they decided to marry when they did, and how they have lived since. The firm's notes on marrying soon after meeting, short relationships and couples who met online deal with the evidence in these cases.

In Wang (Migration) [2024] ARTA 822, a Subclass 820 matter in the firm's database, the issues recorded were a genuine and continuing relationship, a valid marriage two months after meeting, the financial, household and social aspects and the nature of commitment, and future plans. The Tribunal remitted the matter. A short courtship is not fatal, but it must be explained properly.

When the couple has never lived together

A married couple who has never lived together cannot meet paragraph 5F(2)(d) unless they can show an intention to live together in the future. Department policy states that the onus is on the applicant to satisfy the delegate that any separation is temporary, and that there is no fixed timeframe for living together. A marriage visa lawyer addresses this directly where culture, religion, work or visa restrictions have kept the couple apart. The firm's guides on cultural or religious reasons for not living together, partner visas without living together and arranged marriages explain the approach.

Why a marriage certificate is not enough

A marriage certificate proves the marriage. It does not prove the relationship is genuine and continuing. The Department sees many applications where the couple relied on the certificate and a few wedding photos, and those applications are frequently refused. A marriage visa lawyer makes sure the evidence covers the whole relationship, before and after the wedding. The firm's notes on whether a marriage certificate is enough and whether wedding photos are enough explain why, and the firm's guide to relationship evidence sets out what usually helps.

Onshore or offshore? How a marriage visa lawyer chooses between Subclass 820 and Subclass 309

A marriage visa lawyer chooses the pathway based on where the husband or wife is, what visa they hold, their immigration history and what the couple needs during processing. The Subclass 820 and Subclass 801 are applied for in Australia. The Subclass 309 and Subclass 100 are applied for while the applicant is outside Australia. The legal test for the relationship is the same. The practical consequences are not.

The main points a marriage visa lawyer weighs are these:

• Location at lodgement and grant. An onshore application must be made in Australia, and an offshore application must be made outside Australia. Lodging from the wrong place can make the application invalid. The firm's notes on an offshore application lodged in Australia and an onshore application lodged from overseas explain the risk.
• The applicant's current visa. An onshore applicant who does not hold a substantive visa must usually satisfy Schedule 3 criteria or show compelling reasons why they should not apply. A visa with condition 8503 can prevent an onshore application unless the condition is waived.
• Bridging visa and work rights. An onshore applicant usually receives a bridging visa while the application is processed, which can allow the couple to live together in Australia.
• Travel. An offshore applicant can generally visit Australia while the Subclass 309 is processed, but must be outside Australia when it is granted.

The firm's comparison of the Subclass 820 and Subclass 309 and its guide to onshore versus offshore partner visas set out the differences. The firm's separate guides to the onshore partner visa and the offshore partner visa go further into each pathway.

The application charge

The Department's partner visa application charge is the same for married and de facto couples. As at October 2026, the Department's published base charge for most partner visa applicants is AUD 11,710, and it covers both the temporary and permanent stages. Subclass 300 holders who apply for the Subclass 820 pay a lower charge, which the Department published as AUD 1,955 as at October 2026. Charges change, usually on 1 July, so a marriage visa lawyer confirms the current charge on the Department's website before lodgement. The charge is a government fee. It is separate from the firm's professional fees, which are fixed per matter and are set out in a costs agreement before work starts. The firm's guide to partner visa cost explains the government charges in more detail.

Where the husband or wife has no substantive visa

A husband or wife who is in Australia without a substantive visa can often still apply for a Subclass 820, but Schedule 3 is usually the main issue. A marriage visa lawyer assesses whether the applicant was unlawful for more than 28 days, whether the circumstances that led to the loss of status were beyond the applicant's control, and whether compelling reasons exist for not applying the criteria. The firm's Schedule 3 waiver lawyers page explains the service, and the guide to Schedule 3 criteria sets out the law. Couples where the applicant has overstayed or whose visa has expired should obtain advice before lodging.

Where the applicant's visa is about to expire, timing matters. The firm's urgent partner visa lodgement service exists for couples who need an application lodged before a visa ends. A marriage visa lawyer will not lodge an incomplete application merely to meet a date if that creates a greater risk, but a valid application lodged on time can preserve important rights.

Where condition 8503 applies

Condition 8503 means the holder cannot be granted a further substantive visa while in Australia, with limited exceptions. A married couple where the husband or wife holds a visa with condition 8503 will usually need a waiver before an onshore application can be lodged, or must consider the offshore pathway. A marriage visa lawyer prepares the waiver request around a change in circumstances that was beyond the applicant's control. The firm's guide to the partner visa 8503 waiver explains the process.

Married after a Subclass 300 visa: what a marriage visa lawyer does next

A Subclass 300 holder who marries the sponsor within the visa period can apply in Australia for the Subclass 820 and Subclass 801. Under subclause 820.211(6), the applicant must hold a Subclass 300 visa, must have married the sponsoring partner under a marriage recognised as valid for the purposes of the Act, must be sponsored by that spouse, and must continue to be that person's spouse. A marriage visa lawyer manages this step so that the change from a fiancé visa to a marriage-based partner visa happens without a gap in status.

Department policy for the Subclass 820 records that all Subclass 300 visas carry condition 8515, which requires the holder not to marry before entering Australia, and condition 8519, which requires the marriage to take place within the visa period. Policy also states that a breach of either condition is not a relevant factor in assessing paragraph 820.211(6)(a). That does not make the conditions unimportant. A breach can still affect the Subclass 300 itself, and a marriage visa lawyer advises the couple on the timing of the wedding and the application before anything goes wrong.

Marrying the original sponsor

The applicant must marry the person who sponsored the Subclass 300. Department policy directs delegates to verify from departmental records that the person the applicant married is the prospective spouse named in the Subclass 300 application. If the relationship with the original sponsor ended and the applicant has married someone else, a different subclause may apply, and a marriage visa lawyer will assess that position separately.

When the sponsor dies or the relationship ends because of family violence

Subclause 820.211(7) covers a Subclass 300 holder who married the sponsoring partner, where the partner died before the Subclass 820 application was made. The applicant must have developed close business, cultural or personal ties in Australia. Subclauses 820.211(8) and 820.211(9) cover a Subclass 300 holder who married the sponsoring partner, where the relationship ended because of family violence committed by the sponsoring partner. These are serious and sensitive matters, and a marriage visa lawyer approaches them with care. The firm's family violence partner visa lawyers page explains the service, and the guide to the partner visa after a partner's death covers the position where the sponsor has died.

The firm's Subclass 300 visa page sets out its prospective marriage visa work. Couples at this stage can also read about what happens after marrying on a prospective marriage visa, what happens if the couple does not marry within 9 months, and whether the couple can marry overseas on a prospective marriage visa.

When a Subclass 300 is refused and the couple then marries

A refused Subclass 300 applicant who marries the sponsor before the Tribunal decides the review may have the case sent back to the Department for consideration as a partner visa. The firm's database of Tribunal remittals includes several decisions on this point:

• In Ergetu (Migration) [2020] AATA 3790, the issues recorded were that the parties validly married in a third country between the delegate's decision and the Tribunal's determination, and that the regulations required remittal for consideration as a partner visa.
• In Cooper (Migration) [2023] AATA 2974, the issues recorded were that the parties had married since the primary decision, the marriage was valid, and the application was taken to be an application for a permanent Partner visa.
• In Kammoun (Migration) [2020] AATA 3279, the issues recorded were that the visa applicant and sponsor married in Lebanon and that the foreign marriage was recognised under local civil law.

Each was remitted. A marriage visa lawyer acting in a Subclass 300 review will advise whether marrying before the hearing is open to the couple and how to prove that the marriage is valid. The firm's notes on whether the couple should seek review or a new spouse visa after a fiancé visa refusal and whether marrying after a refusal can help a review explain the options.

Marriage visa lawyer: preparing and lodging the application

A marriage visa lawyer prepares a decision-ready application that answers the Department's questions before they are asked. That means every document is checked against the criteria, every inconsistency is explained, and the couple's own account is presented clearly and in the right form.

The documents that prove the marriage

The marriage documents a marriage visa lawyer usually gathers include:

• the registered marriage certificate, with a certified English translation where needed;
• evidence of the end of any previous marriage, such as a divorce certificate or death certificate;
• identity documents showing any change of name after the marriage; and
• where the marriage was overseas, any document that confirms registration with the civil authorities.

The firm's notes on translating a marriage certificate, on changing name after marriage and on what to do if the couple cannot get a birth or marriage certificate cover the most common problems.

Relationship statements and Form 888 statements

Each partner gives one relationship statement in their own words. A marriage visa lawyer reviews each draft, identifies gaps and inconsistencies, and returns it to the client to correct. The statement remains the client's own evidence. Supporting witnesses give Form 888 statements, which are supporting statements by people who know the couple. They are not statutory declarations. The firm's guides to the relationship statement and to Form 888 explain what each document should do.

The sponsor's side of the application

The Australian husband or wife must be an eligible sponsor. A marriage visa lawyer checks whether the sponsor has sponsored a previous partner, has been sponsored as a partner, or has a conviction for a relevant offence, because each of these can limit sponsorship. The firm's partner visa sponsorship limitations page covers those rules, and the guide to sponsor requirements sets out the eligibility criteria. Sponsors with a criminal history should read the firm's guide on a sponsor with a criminal record.

Character, health and police checks

Both parties may need police certificates, and the applicant must meet the health requirement. A marriage visa lawyer plans the timing so that checks do not expire before the Department decides. The firm's notes on overseas police certificates and the partner visa medical examination explain these steps.

Department requests: how a marriage visa lawyer handles section 56 and section 57 letters

A marriage visa lawyer responds to every Department request within the time allowed and in a way that addresses the decision-maker's actual concern. Under section 56 of the Migration Act, the Department may invite the applicant to give additional information. Under section 57, the Department must generally give the applicant particulars of adverse information that would be part of the reason for refusing the visa, and invite comment. A section 57 letter is often the last opportunity to address a concern before a decision is made.

For married couples, Department requests commonly concern:

• the validity of the marriage or a previous divorce;
• inconsistent dates of the wedding, the registration or the start of cohabitation;
• limited evidence of living together after the wedding;
• previous relationships or earlier partner visa applications; and
• information received from a third party about the relationship.

The firm's guides to the section 56 request, the section 57 natural justice letter and responding to a section 57 letter explain how these requests work. A marriage visa lawyer will also tell the couple when a request deadline can be extended and when it cannot.

Interviews and home visits

The Department may interview one or both spouses, separately or together. A marriage visa lawyer prepares each party by reviewing the file with them, so that their answers reflect their own memory and are consistent with what was lodged. The firm's notes on whether there will be an interview for a spouse visa, on interview preparation with a lawyer and on interview inconsistencies explain what to expect.

Where the Department suspects the marriage is not genuine

A suspicion that a marriage was entered into for a visa is one of the most serious issues in a partner visa. A marriage visa lawyer answers it with evidence of the relationship as it has actually been lived, not with argument alone. The firm's notes on a suspected sham marriage and on refusals for a sham relationship explain how these cases are approached. Couples should also understand PIC 4020, the integrity criterion, which can lead to refusal where false or misleading information has been given. The firm's guide to PIC 4020 explains the risk.

Refused even though we are married? What a marriage visa lawyer does at the Tribunal

A married couple can still be refused if the Department is not satisfied that the relationship is genuine and continuing, that the marriage is valid, or that another criterion is met. A marriage visa lawyer reads the refusal decision closely, identifies each finding, and advises whether review at the Administrative Review Tribunal is the right course. The firm's note on why a spouse visa can be refused even though the couple is married explains the most common reasons.

The review deadline

An application for review must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention. Department policy on merits review states that this timeframe cannot be extended, and that an application made late is not properly made. A marriage visa lawyer treats the deadline as the first priority on any refusal. The firm's guide to the partner visa appeal deadline explains how the period is counted, and the firm's urgent ART visa refusal applications service exists for couples who are close to the deadline.

Who applies for review

For an onshore Subclass 820 refusal, the visa applicant applies for review. For an offshore Subclass 309 refusal, the visa applicant also applies in their own name, under section 338(9) of the Migration Act and regulations 4.02(4)(saa) and 4.02(5)(raa) of the Migration Regulations 1994, which were inserted in 2023. For a Subclass 300 refusal, the sponsor applies. A marriage visa lawyer makes sure the correct person lodges, because an application by the wrong person is not valid. The firm's note on who applies for review of an offshore spouse visa refusal covers this point.

The Tribunal fee

As at October 2026, the Tribunal's published application fee for review of a migration decision under Part 5 of the Migration Act is $3,580. The Tribunal's fees page states that a reduced fee of 50% of the full fee may apply in cases of financial hardship. Tribunal fees change, so a marriage visa lawyer confirms the current fee before lodging. The firm's guide to partner visa ART fees explains how the fee works.

How the Tribunal approaches married couples

The Tribunal considers the matter afresh and can take into account evidence that was not before the Department. Several decisions in the firm's database involve married couples whose cases were remitted:

• In Koroma (Migration) [2026] ARTA 200, a Subclass 309 matter, the issues recorded were a genuine and continuing relationship, a valid marriage in the home country, and limited financial, household and social aspects while the couple lived in different countries.
• In 2207905 (Migration) [2026] ARTA 1275, a Subclass 820 matter, the issues recorded were a genuine relationship at the time of application, a valid marriage in the home country, and the financial, household and social aspects and the nature of commitment.
• In Khen (Migration) [2024] AATA 1061, a Subclass 300 matter, the issues recorded were an impediment to marriage under Australian law, marital status, a Kingdom of Cambodia Certificate of Celibacy and a Single Status Certificate.

Each case depends on its own evidence. These decisions show that a refusal of a marriage-based partner visa is not necessarily the end of the matter where the couple acts within time and presents the evidence properly. The firm's partner visa refusal lawyers page explains its refusal work, and the guides to the ART review process, ART evidence and the ART hearing explain each step. Where the applicant needs to stay in Australia during the review, the guide to a bridging visa after a partner visa refusal explains the position.

Hiring a marriage visa lawyer: what a married couple should understand

A married couple engaging a marriage visa lawyer should understand who is acting for them, what the lawyer will do, and how the fees work before any work starts. Both lawyers and registered migration agents can give immigration assistance in Australia. A lawyer holds a practising certificate and is regulated by the legal profession rules of the relevant state or territory, and can also act in court proceedings if a matter goes to judicial review. The firm's guide to the difference between a migration agent and an immigration lawyer sets out the distinction factually.

A couple choosing a marriage visa lawyer should ask:

• whether the lawyer has handled marriages from the same country or with the same type of ceremony;
• how the lawyer will check that the marriage is recognised under section 12;
• what the lawyer will need from each spouse, and when;
• how Department requests and interviews will be handled; and
• what happens if the visa is refused.

The firm's guides to questions to ask a partner visa lawyer, fixed-fee partner visa lawyers and the costs agreement explain what to expect. No marriage visa lawyer can guarantee a grant, and the firm's note on whether a lawyer can guarantee a partner visa explains why.

How My Migration Lawyers acts as your marriage visa lawyer

My Migration Lawyers acts as a marriage visa lawyer for Australian citizens, permanent residents and eligible New Zealand citizens who are sponsoring a husband or wife, and for the spouses being sponsored. The firm deals with complex marriage-based partner visas, acts in many matters where the marriage itself raises a legal question, and is capable of handling these matters from the first assessment through to review at the Administrative Review Tribunal. The firm's Principal Lawyer is Weiwei Zhang, and the firm's background is set out on the about My Migration Lawyers page.

On a marriage-based partner visa, My Migration Lawyers:

• examines the marriage certificate, any earlier marriages and divorces, and the local law where the ceremony took place, to confirm the marriage is recognised under section 12 of the Migration Act;
• plans for the de facto fallback where recognition is uncertain;
• advises whether the Subclass 820 and Subclass 801 or the Subclass 309 and Subclass 100 suit the couple, including any Schedule 3, condition 8503 or sponsorship issues;
• manages the move from a Subclass 300 to a Subclass 820 after the wedding;
• reviews each spouse's relationship statement and organises Form 888 statements, with each client checking and correcting their own account;
• prepares and lodges a complete application, and responds to section 56 requests, section 57 letters and interviews; and
• acts on review at the Tribunal if the visa is refused.

The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000, and consultations are held by video for couples anywhere in Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane and Perth. Couples who need a marriage visa lawyer for a complex matter can read the firm's guide to complex partner visa applications, and couples deciding whether legal help is worth it can read about whether a partner visa needs a lawyer.

If you are married and want to sponsor your husband or wife, speak with a marriage visa lawyer before you lodge. Book a Consultation with My Migration Lawyers, or call 1300 040 300.