Marrying Someone Overseas: Australian Visa Basics for Families

For a person marrying an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the two main options are the Partner visa and the Prospective Marriage visa. Which fits depends on whether the couple are already married.

• Partner visa: for people who are married to, or in a de facto relationship with, an eligible Australian sponsor. It is generally granted in two stages, first temporary, then permanent. There are onshore versions (subclasses 820 and 801) and offshore versions (subclasses 309 and 100).
• Prospective Marriage visa (subclass 300): for people who are engaged to an eligible Australian sponsor and plan to marry. The visa allows the partner to come to Australia and requires the couple to marry within nine months of the grant. They then apply for a Partner visa.

Home Affairs looks for a genuine and continuing relationship. Arranged marriages can meet that test, but the couple must be able to show that the relationship is real and that they know each other. Evidence usually covers four areas: financial aspects, the nature of the household, the social context of the relationship and the nature of the commitment.

In practice that means evidence of communication over time, visits, joint plans, photos together, the involvement of families and friends, and shared finances where relevant. A few meetings before the wedding and nothing since is a weak case.

A few points are worth knowing before engagement or travel:

• Processing times and fees are significant and change, so check them on the Home Affairs website.
• Sponsors must meet eligibility rules and the sponsor’s own history can matter.
• The couple’s legal marriage must be valid. See our guide to getting legally married in Australia.
• Health and character requirements apply, and documents from overseas may need certified translation.
• Being married does not give a person any right to stay. The visa is what does.

Migration law is complex and mistakes are costly. If you want help, use a registered migration agent, whose registration can be checked with the Office of the Migration Agents Registration Authority (OMARA), or a lawyer who practises in migration. Be wary of anyone who guarantees a result or asks for large payments in cash.

The official starting point is the Department of Home Affairs website, where you can find current requirements, fees and forms.

A visa is sometimes used as the hook in a scam: a person overseas who needs money to complete a visa step. Never send money to someone you have not met. Our guide to matrimonial scams and red flags explains the signs.

Khandaan lists families who are in Australia, so it is built for local searches. Families who consider a match from overseas should take extra care to meet, verify and take advice before committing.