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MARRYING SOMEONE FROM OVERSEAS IN AUSTRALIA

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If you are considering marrying your foreign resident partner, fiancé, or significant other in Australia, you may want to learn more about whether you can get married, how to get married, and how your prospective husband or wife can stay in Australia permanently.

Marriage Eligibility in Australia
The rules of marriage in Australia are governed by the Marriage Act 1961 and the Marriage Regulations 2017.
To marry in Australia, you must first:

  • You must not be married 
  • Do not marry a relative:
    parent, grandfather, child, grandchild, brother, or sister.
  • You must be 18 years old or
    older
  • You should know what marriage
    entails
  • You must be able to agree to
    marriage freely
  • During the ceremony, use
    specific words
  • Give an authorized marriage
    celebrant notice of intended marriage at least 1 month and no more than 18
    months prior to your wedding.
  • Be married by a marriage
    celebrant who has been authorized

To marry in Australia, you do not need to be an Australian citizen or permanent resident. Only the above-mentioned requirements must be met. Furthermore, Australia is a nation that supports marital equality. As a result, in Australia, the right to marry is no longer based on gender or sex.

If you are not an Australian citizen or permanent resident, you may wish to consider visa alternatives that will allow you to stay in Australia after your marriage. 

What visa possibilities are there for husband/wife to stay in Australia permanently?
If you are an Australian citizen, Australian permanent resident, or eligible New Zealand citizen in a real committed relationship with a non-Australian, you and your spouse have a number of choices under the partner visa program. The Partner Visa – Subclass 820/801 is the visa that will allow eligible applicants to remain in Australia.

A citizen of Australia
Permanent Residency in Australia
A citizen of New Zealand who qualifies

If you meet the following criteria, you may be eligible for a Partner Visa – Subclass 820/801:
You must have been in a de facto relationship for at least 12 months OR your marriage is lawful under Australian law.
At the time of application, you are in Australia.
You already have another sort of visa.
The condition “8503 – No further stay” is not present on your visa.
You are in good health and have a good character.

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