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Marriage immigration to Australia

Marriage immigration
Written by Eugene Chasia

Marriage immigration to Australia

Those who would love to come to Australia and get married to their prospective spouse do apply for the Prospective Marriage visa.

This is a temporary nine month visa that is applicable to people residing outside the country. In simpler terms, you must be outside Australia when you apply and when the visa is granted. Once granted, you are free to hold your wedding in any country, Australia included.

 Prospective Marriage visa Requirements

To be eligible for a Prospective Marriage visa, you must:

  • be sponsored
  • be aged 18 years or over when the application is lodged;
  • be of the opposite sex to your intended spouse;
  • have met your intended spouse in person since you both turned 18 years of age and know each other personally

This must be the case even if:

  • it is an arranged marriage;
  • you and your sponsor met as children and the marriage was arranged; or
  • you met on the internet (exchanging photographs is not evidence of having met in person);
  • have no impediment to marrying your intended spouse, that is:
  • you are both free to marry;
  • you are both of marriageable age; and
  • the intended marriage is able to be recognised under Australian law;
  • genuinely intend to marry your intended spouse;
  • genuinely intend to live with your intended spouse as husband and wife; and
  • meet health and character requirements

Marriage immigration

Proof of intent to marry

As you submit your application, make sure that you have included in it a documentation that proves your marriage plans. The proof must show the marriage will take place within nine months after the visa is granted.

For those gearing towards an outside-Australia-marriage, present a letter from the person in charge of the wedding ceremony

If you have intentions of marrying within Australia, be keen to fill a Notice of Intended Marriage form and then pass it on to the person overseeing your wedding ceremony. The form is filled at least one month and less than 18 months prior to the wedding day.

Details of your sponsor

To be eligible for this visa, you must be backed by a prospective spouse. The minimum age requirement for your sponsor is 18 years.

Besides that, he/she must be either of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

One is an Eligible New Zealand Citizen if that person is a New Zealand citizen and who satisfied the health and character requirements during their last entry in Australia. In addition, this person:

  • held a Subclass 444 (Special Category) visa on 26 February 2001
  • held a Subclass 444 visa that was in force for at least one year in the two years before 26 February 2001, or
  • has a certificate, issued under the Social Security Act 1991, that states the citizen, for the purposes of the Social Security Act, was residing in Australia on a particular date

An eligible New Zealand citizen has the ability to sponsor any family for a permanent Australian visa, obtain Australian citizenship and gain access to some social security payments.

Marriage immigration

Details of your spouse

The very basic requirement here involves you and your spouse physically meeting, as adults and having a personal knowledge of each other.

The requirement holds in all circumstances, even if:

  • you are conducting a planned marriage
  • you met on the internet (having photographs of each other does not prove you have ever met)
  • both of you met as children and your planned marriage was instigated before turning 18 years

The age requirement is of course is at least 18 years, for both of you.

Health Requirements

There are a set of health requirements that you must satisfy before being granted the visa. The validity period for the health assessment results is 12 months.

The requirements are applicable to all your family members who have been included in the application, even if they are not travelling.

Character requirements

Apart from just the health requirements, you must prove that you are of the right character. Doing so will involve you providing a police certificate from each of the countries you have resided in the past 12 months. However, make the arrangement for police certificate only after our country’s officers have asked you.

Applicant must have no outstanding debts to the Australian government. If you have such a debt, ensure you have in place an arrangement of how to get it settled before the visa is granted.

You should also not be indebted to the Australian Government. If so, then make sure you have an arrangement to get the debt settled before the visa can be granted.

Which family member can you include?

You are at liberty to include child/step-child in your application for the Prospective Marriage visa.

Ensure that you provide documents that prove this relationship. The family members included will also undergo a set of health and character assessment.

Get all your documents ready before you begin the application. When ready, you can lodge the application by post or in person.

Make sure you fill this document

  • Form 47SP   Application for migration to Australia by a partner (552 kB PDF).

Your sponsor must also fill this document

  • Form 40SP   Sponsorship for a partner to migrate to Australia (256 kB PDF)

Marriage immigration

Visit any of our government’s offices in your country. They will take you through the whole process.

About the author

Eugene Chasia

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