Can We Get Married in Australia on a Bridging Visa?

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

It is legal to marry in Australia on a bridging visa. The Marriage Act 1961 governs the ceremony and does not require either party to hold a particular visa. The couple must give a Notice of Intended Marriage to an authorised celebrant within the required notice period and meet the usual identity and eligibility requirements. Our page on partner visa lawyers explains how the firm plans the marriage and the visa application together.

Can I apply for a partner visa after marrying on a bridging visa?

A person can often apply for a Subclass 820 partner visa after marrying on a bridging visa, but the bridging visa is not a substantive visa, so the applicant must generally meet Schedule 3 criteria. Schedule 3 is waived only for compelling reasons, and a genuine relationship or hardship of separation is generally not enough on its own under departmental policy. Our article on a partner visa on a bridging visa explains the issues, and our article on Schedule 3 criteria sets out the tests.

Does the type of bridging visa matter?

The type of bridging visa matters because it shows the applicant's history. A Bridging Visa A linked to a pending application usually means the applicant held a substantive visa when that application was lodged. A Bridging Visa E often follows a period of being unlawful or a refused application, and Schedule 3 can be harder to meet. Our articles on a partner visa on a Bridging Visa E and on bridging visas in Australia explain the differences.

What if my bridging visa came from a refused application?

A person whose bridging visa follows a refused application in Australia may be affected by the section 48 bar. Partner visas generally remain available to people affected by section 48 if they meet the additional requirements, but Schedule 3 will usually also need to be addressed. Our article on the partner visa section 48 bar explains how the two rules interact.

What happens to my current application if I marry?

Marrying does not end a pending visa application or a review linked to the bridging visa. The applicant may need to tell the Department about the change in circumstances for that application, and should consider whether continuing it still serves a purpose once a partner visa is lodged. These decisions affect which bridging visa the person holds while the partner visa is processed. Our article on a partner visa without a substantive visa explains the practical consequences.

How is a Schedule 3 waiver argued after marrying on a bridging visa?

A Schedule 3 waiver after marrying on a bridging visa is argued by showing compelling reasons beyond the relationship itself, such as the circumstances in which the applicant lost a substantive visa or serious consequences of separation for a child or the sponsor. Each case turns on its facts and on the evidence supporting it. Our page on Schedule 3 waivers explains how the firm presents these submissions.

How does My Migration Lawyers advise couples marrying on a bridging visa?

My Migration Lawyers advises couples marrying on a bridging visa by reviewing the full visa history behind the bridging visa, including any refusal, review or period without a visa, before the couple commit to an onshore application. The firm identifies whether Schedule 3 or section 48 applies, assesses the strength of any compelling reasons and prepares the Subclass 820 visa application with the waiver submission where one is needed.