Can I Stay in Australia If I Marry an Australian?

Does marrying an Australian give me a visa?

Marrying an Australian does not give a person a visa. An Australian citizen, permanent resident or eligible New Zealand citizen can sponsor their spouse, but the spouse must still apply for and be granted a partner visa. Until then, the spouse's right to stay depends entirely on the visa they already hold. Our page on the Subclass 820 visa explains the onshore partner visa.

How do I stay in Australia after marrying an Australian?

A person stays in Australia after marrying an Australian by lodging a valid Subclass 820/801 partner visa application while in Australia, usually before their current visa expires. A valid application generally brings a bridging visa that allows the applicant to stay while it is processed. Our article on the onshore partner visa explains the process, and our article on the partner visa bridging visa explains the bridging visa.

What if my visa has condition 8503?

A person whose visa has condition 8503 No Further Stay cannot lodge a partner visa in Australia unless the condition is first waived. A waiver requires compelling and compassionate circumstances that developed after the visa was granted, beyond the holder's control, causing a major change in circumstances. Marriage alone often does not meet that test. Our article on the partner visa 8503 waiver explains what the Department looks for.

What if my visa has already expired?

A person whose visa has already expired can still apply for a Subclass 820 in some cases, but must generally meet Schedule 3 criteria because they do not hold a substantive visa. Schedule 3 is waived only for compelling reasons, and a genuine relationship or hardship of separation is generally not enough on its own under departmental policy. Our article on Schedule 3 criteria for a partner visa and our page on Schedule 3 waivers explain these rules, and our article on a partner visa after overstaying covers the wider risks.

What if I was refused a visa while in Australia?

A person who was refused a visa while in Australia may be affected by the section 48 bar, which limits the visas they can apply for onshore. Partner visas generally remain available to people affected by section 48 if they meet the additional requirements. Our article on the partner visa section 48 bar explains how it works.

Should I leave Australia and apply offshore instead?

Leaving Australia and applying for the offshore Subclass 309/100 can be the safer option where the onshore pathway is blocked by condition 8503 or Schedule 3. The choice depends on the person's visa history, any exclusion period after departure and the couple's circumstances. The decision should be made before departure, because leaving can affect other options.

How does My Migration Lawyers help spouses who want to stay in Australia?

My Migration Lawyers helps spouses who want to stay in Australia by checking their current visa, its conditions, any earlier refusals and the exact expiry date before anything else, because timing often decides whether an onshore application is possible. The firm then advises on the onshore or offshore path, prepares any waiver request and lodges the partner visa. Couples can speak with our partner visa lawyers before the current visa ends.