Can I Get Married in Australia on a Visitor Visa?

Is it legal to marry in Australia on a visitor visa?

It is legal to marry in Australia on a visitor visa. The Marriage Act 1961 applies to the ceremony, not to the visa status of the people marrying. The couple must give a Notice of Intended Marriage to an authorised celebrant within the required notice period, provide identity and birth evidence, and show that any earlier marriage has ended. Our page on partner visa lawyers explains how the firm helps couples plan the marriage and the visa together.

Does marrying in Australia let a visitor stay?

Marrying in Australia does not let a visitor stay beyond the visitor visa. The visitor must still hold a valid visa at all times, and must apply for a partner visa to remain lawfully as a spouse. If the visitor visa expires before an application is lodged, the visitor becomes unlawful, which makes a later partner visa application in Australia much harder. Our article on the onshore partner visa explains the Subclass 820/801 pathway.

Can we apply for a Subclass 820 after marrying on a visitor visa?

A couple can apply for the Subclass 820 after marrying on a visitor visa if the visitor visa does not carry condition 8503, or the condition has been waived, and the application is lodged while the visitor holds that visa. A waiver of condition 8503 requires compelling and compassionate circumstances that developed after the visa was granted, beyond the holder's control. Marriage alone often does not meet that test. Our article on the Subclass 820 and condition 8503 explains when a waiver may be available.

What if the visitor visa expires before we lodge?

If the visitor visa expires before the couple lodge, the applicant no longer holds a substantive visa and must generally meet Schedule 3 criteria for the Subclass 820. Schedule 3 is waived only for compelling reasons, and a genuine relationship or the hardship of separation is generally not enough on its own under departmental policy. Our article on Schedule 3 criteria for a partner visa explains these requirements.

Does the reason for the visit matter after marrying?

The reason for the visit can matter after marrying, because the Department compares the partner visa with what the visitor said when applying for the visitor visa. If the visitor declared a temporary visit while planning to marry and stay, the Department may question whether the earlier information was accurate. Our article on a partner visa while on a tourist visa explains how this is assessed, and our article on moving from a tourist visa to a partner visa covers the practical steps.

Is a prospective marriage visa a better option?

A prospective marriage visa may be a better option for an overseas fiancé who plans to come to Australia to marry. The Subclass 300 is granted for that purpose, and once the couple marry within the visa period, the applicant can apply for the Subclass 820 in Australia. Our page on the Subclass 300 visa explains the requirements.

How does My Migration Lawyers help couples marrying while one partner is a visitor?

My Migration Lawyers helps couples marrying while one partner is a visitor by checking the visitor visa's conditions and expiry before the wedding date is set, so the couple know whether a Subclass 820 can be lodged in Australia. Where condition 8503 or Schedule 3 is an issue, the firm advises whether a waiver is realistic or whether the safer path is offshore. Couples can learn more about the Subclass 820 visa and send their details through the form on this page.