Marrying Someone from Overseas in Australia
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.
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