Do I Need to Tell Home Affairs If We Marry After Applying as De Facto Partners?

Why must we tell Home Affairs that we married?

A couple must tell Home Affairs that they married because the application described them as de facto partners, and section 104 of the Migration Act requires the applicant to notify the Department as soon as practicable when an answer in the application becomes incorrect. Failing to notify a change can cause problems later, including concerns about the accuracy of the information provided. Our article on Form 1022 and change of circumstances explains the notification process.

How do we notify Home Affairs of the marriage?

A couple notify Home Affairs of the marriage by completing Form 1022 Notification of changes in circumstances and attaching a copy of the marriage certificate, usually by uploading both through the applicant's ImmiAccount. If the marriage took place overseas and the certificate is not in English, an English translation should be included. Our article on partner visa change of circumstances explains which other changes also need to be notified.

Do we need to lodge a new partner visa application after marrying?

A couple do not need to lodge a new partner visa application after marrying. The Subclass 820/801 and the Subclass 309/100 each cover married and de facto relationships, so the existing application continues with the same lodgement date and the same charge. The Department assesses the relationship as it stands at the time of decision. Our page on the Subclass 820 visa explains the two-stage process.

Does marrying help our partner visa application?

Marrying can help a partner visa application, because it is strong evidence of the nature of the commitment, one of the four aspects the Department assesses. A marriage does not replace the rest of the relationship evidence, and the couple should continue to show how they share their finances, household and social life. Our article on partner visa commitment evidence explains how commitment is weighed.

Does the 12-month de facto requirement still matter after we marry?

The 12-month de facto requirement under regulation 2.03A is assessed at the time of application, so it still matters for an application lodged as de facto partners even if the couple later marry. The couple should still have the evidence that showed the de facto relationship when they lodged. Our article on the de facto partner visa explains how the requirement and its exceptions work.

What about the permanent stage after we marry?

At the permanent stage, generally assessed two years after lodgement, the couple provide updated evidence of the relationship, which will include the marriage and the life they have shared since. Our article on partner visa second stage documents explains what the Department usually asks for. A name change after the marriage should also be notified, together with any new passport details.

How does My Migration Lawyers manage a marriage during a pending partner visa?

My Migration Lawyers manages a marriage during a pending partner visa by preparing the change of circumstances notice, checking that the marriage certificate and any translation are in order, and updating the relationship evidence so the file presents one consistent account. The firm also reviews whether a name or passport change follows from the marriage. Applicants can ask our partner visa lawyers to handle the notification for them.