If your partner, fiancé, or significant other is a foreign resident and you are thinking about the prospect of marriage in Australia, you may be looking for more information about if you can get married, how to get married and how can your future husband or wife stay in Australia permanently.
Please note this is general information only, you should conduct your own research prior to getting married in Australia.
Eligibility to Marry in Australia
The Marriage Act 1961 and Marriage Regulations 2017 determine the rules of marriage in Australia.
To get married in Australia, you must:
Who can Get Married in Australia
You are not required to be an Australian citizen or an Australian permanent resident to be eligible to be married in Australia. You are only required to meet the criteria listed above. In addition, Australia is a country that upholds marriage equality. Therefore, the right to marry in Australia is no longer determined by sex or gender.
However, if you are not an Australian citizen or Australian permanent resident, you may want to look at visa options that allow you to live in Australia permanently after your marriage. VisaEnvoy can assist you with the visa application process.
What visa options are available to remain in Australia permanently with my husband/wife?
If you are in a genuine committed relationship with a non-Australian and you are an Australian Citizen, Australian permanent resident, an eligible New Zealand Citizen, there are a number of options for you and your spouse or de facto under the partner visa program. The visa that will allow eligible applicants to remain in Australia is the Partner Visa – Subclass 820/801.
Partner Visa – Subclass 820/801
Australian Partner Visas allow married or de facto (same or opposite sex) couples to enter and remain in Australia with their partner.
The Partner Visa – Subclass 820/801 is for applicants applying for a visa in Australia. You must be in a married or de facto relationship with:
- An Australian Citizen
- An Australian Permanent Resident
- An eligible New Zealand citizen
You may be eligible to be granted a Partner Visa – Subclass 820/801 if:
- Your marriage is valid under Australian law OR You must have been in a de facto relationship for at least 12 months
- You are inside Australia at the time of application
- You already hold another visa type
- Your visa does not have an “8503 – No further stay” condition
- You meet health and character requirements
Is our marriage valid for visa purposes?
To be eligible for a Partner Visa, your marriage must be valid under Australian law and it must be genuine. There are a range of marriages depending on your relationship – for more information as to whether your marriage is valid for visa purposes, see our page here.
How to get married in Australia: the steps
- Choose an authorised marriage celebrant (civil, religious or a registry office).
- Complete and sign a Notice of Intended Marriage (NOIM) and give it to your celebrant at least one month, and no more than 18 months, before the wedding.
- Provide identity and date of birth evidence, and evidence that any previous marriage has ended, such as a divorce certificate or death certificate.
- Hold the ceremony with your celebrant and two witnesses aged 18 or over.
- Your celebrant registers the marriage. Order the official marriage certificate from the state or territory registry, as you will need it for a partner visa.
Which partner visa suits your situation?
| Your situation | Visa to consider | Key point |
|---|---|---|
| Your partner is in Australia and you are married or in a de facto relationship | Partner visa 820/801 | Lodged in Australia. Your partner can usually stay on a bridging visa while it is processed, unless condition 8503 or another bar applies. |
| Your partner is outside Australia | Partner visa 309/100 | Lodged outside Australia. Your partner must be outside Australia when the 309 is granted. |
| You are engaged and want to marry in Australia | Prospective Marriage visa 300 | You must have met in person, and you marry within the visa period (generally 9 months), then apply for the 820/801. |
| Your partner is visiting on a visitor visa | Visitor visa, then a partner visa | You can marry on a visitor visa, but if the visa has condition 8503 your partner generally cannot apply for a partner visa in Australia unless the condition is waived. |
The partner visa charge is AUD 11,710 from 1 July 2026 (see visa fee changes). Check current processing times before you plan your move.
Marrying in Australia FAQs
Can my partner marry me in Australia on a tourist visa?
Yes. A visitor visa does not stop you from marrying in Australia. However, getting married does not by itself give your partner a right to stay, and condition 8503 on many visitor visas prevents an onshore partner visa application unless it is waived.
Does my overseas partner need to be an Australian citizen or resident to marry here?
No. Anyone who meets the requirements of the Marriage Act can marry in Australia, regardless of citizenship or visa status.
Is a marriage in Australia automatically valid for a partner visa?
A legally valid marriage is required, but Home Affairs will also assess whether your relationship is genuine and continuing, using evidence across the four pillars of the relationship.
Should we marry before or after applying for a partner visa?
It depends on your circumstances. Married couples do not need to show 12 months of living together as de facto partners, but the relationship must still be genuine. Get advice on timing before you lodge.
Can same sex couples marry and apply for a partner visa?
Yes. Australia has marriage equality, and same sex married or de facto couples can apply for partner visas on the same basis.
Related guides
- English Test for Permanent Stage of Partner Visas
- Partner visa Australia requirements
- Australia Visa Waivers and Refunds
- Partner visa grants, refusals, cases on hand and processing times
- How long does it take to get 801 visa after 820
- Major Partner Visa Changes, Family-Employer-Business Visas Prioritised Within 160,000 Places
- Fiance (prospective spouse) visa
- Partner Visa for Same-Sex Relationships
- Limitation on partner visa sponsorships
- Are online web marriages acceptable for an Australian partner visa?
Condition 8503 to Apply to All Visitor Visas, ETAs and eVisitors
Applying for Another Visitor Visa From Inside Australia
Visiting Australia While Your Partner or Parent Visa Is Being Processed
Sponsored Family Visitor Visas: Who Can Sponsor and How Security Bonds Work
Visitor Visa Conditions Explained: 8101, 8201, 8503, 8531 and 8558