I Overstayed My Visa and Want to Marry My Australian Partner. Who Can Help?

Can I marry my Australian partner if I have overstayed my visa?

A person who has overstayed a visa can legally marry an Australian partner, because a marriage in Australia does not depend on the visa status of either party. The couple must still give notice of the intended marriage and meet the usual marriage requirements. Marrying, however, gives no immigration status, does not stop compliance action and does not on its own allow the person to remain in Australia. Our article on a partner visa after overstaying explains how the history is assessed.

Should I get a bridging visa before marrying?

A person who has overstayed should usually seek a Bridging Visa E before or alongside wedding plans, because being lawful reduces the risk of detention and shows the Department that the person is engaging with it. A Bridging Visa E often carries conditions and may not allow work, and an application for it involves disclosing the overstay. Our article on a partner visa on a Bridging Visa E explains how the two applications fit together.

Can I apply for an onshore partner visa after overstaying?

A person who has overstayed can apply for an onshore Subclass 820 partner visa, but Schedule 3 will apply because they do not hold a substantive visa. The application must explain why compelling reasons exist to waive the criteria, and departmental policy says the relationship alone is generally not enough. Our page on Schedule 3 waivers and our article on the Schedule 3 waiver submission explain how these submissions are prepared.

Is an offshore partner visa a better option after overstaying?

An offshore partner visa can be a better option after overstaying for some couples, because Schedule 3 does not apply to the Subclass 309 and PIC 4014 is not a criterion for it. The cost is separation while the application is processed, and a past overstay can make visitor visas to Australia difficult to obtain in the meantime. Our article on the offshore partner visa explains how it works for the Australian sponsor.

What circumstances can help an overstayer's partner visa?

The circumstances that can help an overstayer's partner visa are those capable of being compelling, such as an Australian citizen child of the relationship, serious illness affecting the sponsor, or the sponsor's real dependence on the applicant. Circumstances arising after lodgement can also be considered up to the decision. Our article on compelling reasons for a partner visa explains how each factor is weighed.

How can My Migration Lawyers help an overstayer who wants to marry an Australian partner?

My Migration Lawyers helps an overstayer who wants to marry an Australian partner by first securing the safest available status, then comparing the onshore Schedule 3 route with the offshore route on the couple's actual facts, including children, health and the length of the overstay. The firm prepares the Bridging Visa E strategy, the partner visa and any waiver submissions as one plan, so nothing filed in one application undermines the other. Couples can learn about our partner visa lawyers and request a consultation through the form on this page.