What Is a Notice of Intended Marriage (NOIM)?

What does a Notice of Intended Marriage contain?

A Notice of Intended Marriage contains each person's full name, date and place of birth, usual residence, occupation, parents' names and conjugal status, such as never married, divorced or widowed. Both people sign it, and the signature must be witnessed by an authorised person. The celebrant also checks evidence of each person's identity and of the end of any earlier marriage, such as a divorce order or death certificate.

Who can witness a Notice of Intended Marriage?

A Notice of Intended Marriage can be witnessed in Australia by an authorised celebrant, a justice of the peace, a legal practitioner, a police officer or another person listed in the Marriage Act 1961. Outside Australia, it can be witnessed by an Australian diplomatic or consular officer or a notary public, among others. This allows a fiancé overseas to sign the notice before travelling. The celebrant can confirm which witnesses they accept.

Can the one-month notice period be shortened?

The one-month notice period can be shortened only in limited circumstances by a prescribed authority, usually an officer of a state or territory registry or a court officer, where the circumstances fit the grounds set out in the regulations. Visa timing alone is not always accepted as a reason. Couples should plan for the full notice period, especially where a visa expiry date is close.

Do we need a NOIM for a prospective marriage visa?

A NOIM is not strictly required for a Subclass 300 prospective marriage visa, but it is one of the strongest pieces of evidence that the couple intends to marry. The applicant must show a genuine intention to marry the sponsor and to live together as spouses, and the holder must then marry within the visa period. Our page on the Subclass 300 visa explains the requirements, and our article on partner visa future plans explains how plans to marry are evidenced.

Does lodging a NOIM give a visa or permission to stay?

Lodging a NOIM does not give a visa or any permission to stay in Australia. A person in Australia on a visitor visa can lodge a NOIM and marry, but marriage does not change the visa they hold. Whether they can then apply for a Subclass 820 in Australia depends on condition 8503, their visa expiry and their visa history. Our articles on partner visas while on a tourist visa and the condition 8503 waiver explain the risks.

What happens after the wedding for the partner visa?

After the wedding, the marriage is registered with the state or territory registry of births, deaths and marriages, and the couple should obtain the official registered certificate for the partner visa. A Subclass 300 holder then applies for the Subclass 820 and Subclass 801 in Australia. Our article on onshore partner visas explains the next application.

How does My Migration Lawyers coordinate the NOIM with the visa plan?

My Migration Lawyers coordinates the NOIM, the wedding date and the visa applications so that each step happens in the right order. For an engaged couple with a partner overseas, the firm prepares the Subclass 300 application with the NOIM as evidence and advises on the timing of the wedding. For couples already in Australia, it checks visa conditions before the wedding is booked. Couples can speak with our partner visa lawyers about their plan.