Can We Marry Overseas on a Prospective Marriage Visa?

Does the wedding have to take place in Australia?

The wedding on a prospective marriage visa does not have to take place in Australia, because the requirement is to marry the sponsor within the visa period, not in a particular country. Many couples marry in the applicant's home country so that family can attend, then return to Australia to lodge the partner visa. Others marry in Australia because the sponsor's family lives here. Either choice is open, but an overseas wedding needs more planning around documents and travel dates. Our page on the Subclass 300 visa explains the marriage requirement.

When is an overseas marriage recognised in Australia?

An overseas marriage is recognised in Australia when it was valid under the law of the country where it took place and is not excluded by Australian law, for example because one person was already married, the parties were too closely related or one party did not genuinely consent. A religious or customary ceremony that was never registered with the civil authorities may not be valid where it took place. Our article on an overseas marriage that is not recognised explains these problems.

What documents do we need from an overseas wedding?

The documents needed from an overseas wedding are the official marriage certificate issued by the civil registry, not only a religious or ceremonial certificate, together with certified English translations where the documents are in another language. Photographs and guest lists are useful evidence of the wedding but do not replace the certificate. Our article on partner visa evidence translation explains translation requirements.

What do we need to do after marrying overseas?

After marrying overseas, the couple needs to return to Australia while the Subclass 300 is still in effect and lodge the Subclass 820/801 application from within Australia. The marriage certificate, updated relationship evidence and health and character documents form part of that application. Lodging soon after returning keeps the pathway simple and avoids any gap in lawful status. Our article on the partner visa two-stage process explains what follows the Subclass 820 lodgement.

What can go wrong with an overseas wedding on a fiancé visa?

The things that most often go wrong with an overseas wedding on a fiancé visa are delays in issuing the civil marriage certificate, a ceremony that is not legally valid in that country, and a return to Australia so late that the Subclass 300 ends before the Subclass 820 is lodged. Each can be avoided by checking the local registration process early and leaving a buffer before the visa end date. Our article on partner visa overseas travel explains how travel affects each stage.

How does My Migration Lawyers help couples marrying overseas on a fiancé visa?

My Migration Lawyers helps couples marrying overseas on a fiancé visa by checking, before the wedding, that the planned ceremony and registration will produce a marriage Australia recognises, and by setting a return date that leaves time to lodge the Subclass 820. The firm then prepares the partner visa with the civil certificate, translations and updated evidence. Couples can speak with our partner visa lawyers about their wedding plans, and read about the Subclass 820 visa.