Does Marrying an Australian Give You Citizenship?

Why does marriage to an Australian not give citizenship?

Marriage to an Australian does not give citizenship because Australian law has no automatic grant of citizenship or residence through marriage. A spouse becomes an Australian citizen only by applying for citizenship by conferral after first holding a permanent visa and meeting the residence requirement. The marriage is the basis for a partner visa application, and the partner visa is the first step on a longer path. Our article on the partner visa citizenship pathway sets out each stage.

What visa does the spouse of an Australian need?

The spouse of an Australian needs a partner visa to live in Australia. A spouse who is in Australia generally applies for the Subclass 820 temporary visa and the Subclass 801 permanent visa in one combined application. A spouse outside Australia applies for the Subclass 309 temporary visa and the Subclass 100 permanent visa. Our page on the Subclass 820 visa explains the onshore path, and our page on the Subclass 309 visa explains the offshore path.

Does a spouse visa lead to permanent residence?

A spouse visa leads to permanent residence through two stages. The temporary visa is granted first, and the permanent Subclass 801 or Subclass 100 is generally assessed two years after the combined application was lodged. The couple must still be in a genuine and continuing relationship at that point, unless an exception applies, such as family violence or the death of the sponsor. Our article on the partner visa two-stage process explains what the Department checks at each stage.

When can a partner visa holder apply for Australian citizenship?

A partner visa holder can apply for Australian citizenship once they hold permanent residence and meet the general residence requirement, which requires four years of lawful residence in Australia, including one year as a permanent resident, with limits on time spent overseas. Time in Australia on the temporary partner visa, and on a bridging visa while the application was processed, can count as lawful residence. Our article on partner visa processing times explains why the overall timeline varies. The applicant must also meet the identity, character and citizenship test requirements set by the Australian Citizenship Act 2007.

Can marrying an Australian stop a visa problem in Australia?

Marrying an Australian does not stop a visa problem by itself. A person who has overstayed, holds a visa with condition 8503 or has had a visa refused or cancelled may face extra requirements before a partner visa can be lodged or granted, including Schedule 3 criteria. Our articles on partner visas after overstaying and the condition 8503 waiver explain these rules. A marriage entered into only to obtain a visa can also lead to refusal and serious consequences.

How does My Migration Lawyers help newly married couples plan the path to citizenship?

My Migration Lawyers maps the whole path from marriage to citizenship before the first application is lodged, so the couple chooses the right subclass, avoids a visa gap and keeps the evidence that will be needed again at the permanent stage. The firm checks the spouse's current visa, travel plans and past applications, then prepares the partner visa and advises on the timing of the permanent stage. Married couples can raise their situation with our partner visa lawyers.