A question which is often asked is: Show
‘if you marry an Australian, do you get permanent residency?’ The answer is yes, marrying an Australian to get residency is possible if all relevant valid visa application and grant requirements are met. If your spouse is an Australian citizen or permanent resident, or eligible New Zealand citizen, they may be eligible to sponsor you for a permanent residency visa in Australia. Note also that same-sex marriages are equally recognised for migration law purposes. How So, And What Is The Process Involved?Well, provided that you are eligible, marrying an Australian to get residency is possible by applying for a partner visa, either in Australia or from offshore. Obtaining permanent residence under the partner visa program comprises a two-stage process, whereby an initial application is made for a temporary visa. Once two years have passed since lodgement of your initial application, they will be assessed for the permanent residence visa. You may reside in Australia during the visa processing period, but how long for will depend on whether you apply as an onshore or offshore applicant. Apply OnshoreIf you apply for a partner visa in Australia, you will be granted a Bridging Visa, which will allow you to remain onshore whilst you await a decision on the temporary Subclass 820 Partner visa application. A Bridging Visa will come into effect only in certain circumstances, the most common being when your existing visa expires. Once the temporary partner visa is granted, you may continue to live in Australia whilst processing of the final permanent residence component of your application takes place. If successful, you will be granted a Subclass 801 Partner visa. If you apply for an onshore partner visa and you do not hold a substantive visa at the time of application lodgement, you will need to meet additional criteria, as set out in Schedule 3 of the Migration Regulations (note that a substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa). If you apply onshore and you either hold, or the last substantive visa that you held was one of the following:
you must have held that visa for at least 2 years. If an onshore application is made and you either hold, or the last substantive visa that you held was one of the following:
you must have held that visa for at least 3 years. If you hold one of the following visas:
or the last substantive visa you held since entering Australia was one of the following visas:
you must have substantially complied with the conditions to which that visa was subject. Apply OffshoreFor an offshore application, the process of marrying an Australian to get residency is different in that you will need to wait for the temporary Subclass 309 Partner visa to be granted before you can enter Australia (unless you apply for another visa, such as a Visitor Visa, to enter Australia in the intervening period. In this scenario, you will still need to be located offshore for the partner visa to be granted). Upon grant of the subclass 309 visa, you will be free to enter and temporarily reside in Australia whilst you await a decision on the permanent Subclass 100 Partner visa application. Note that you can apply for an offshore partner visa application if you intend to marry an Australian citizen or permanent resident, or an eligible New Zealand citizen, provided the intended marriage will, if it takes place, be a valid marriage in accordance with the migration provisions. Importantly, the marriage must have taken place before the temporary subclass 309 visa can be granted. This is designed for a situation where you are planning to marry outside Australia. If instead you intend to marry your Australian partner in Australia, you should apply for the Subclass 300 Prospective Marriage visa (this is discussed further below in this article). What Can You Do As A Temporary Partner Visa Holder?In both cases of onshore and offshore lodgement, the grant of a temporary partner visa will mean that you may live in Australia as a temporary resident, have access to Medicare, Australia’s public health care system, as well as work and study in Australia. You can also enter and depart Australia as many times as you like during this period. Additionally, you will be eligible for unlimited hours of English language classes until you reach vocational English, which is provided through the Adult Migrant English Program. How Can You Qualify For A Partner Visa?In terms of the application itself, there are a number of requirements that you will need to satisfy to qualify for visa grant. A central criterion in regard to marrying an Australian to get residency is whether your married relationship is in accordance with its meaning under the Migration provisions. Your RelationshipMost people might say: We are married, we have a marriage certificate and we had an official ceremony conducted. Is this not enough evidence to prove that we are married? No, not for a partner visa to meet visa grant requirements. A marriage which is recognised as being legally valid in Australia is only one criterion which needs to be satisfied for this purpose. You must also demonstrate that you and your spouse have a mutual commitment to a shared life as a married couple, to the exclusion of all others, that your relationship is genuine and continuing, and that you are not living separately and apart on a permanent basis. The Department will assess whether your relationship meets the above by considering four key factors, namely, the financial and social aspects of your relationship, your household and your commitment to one another. All the circumstances of your relationship will be examined and will guide the Department in determining the weight to be given to each of these four factors. In general, it is expected that a typical married relationship in Australia today is characterised by the following:
This means that, in general, an application which is presented with strong supporting evidence covering all four aspects is more likely to be a relatively straight-forward one with less chances of being refused. Having said that, the Department is not required to strictly apply these four aspects in deciding whether your married relationship is in accordance with the migration provisions. Immigration recognises the individuality and uniqueness of each relationship and that there is no one-size-fits-all approach. There is therefore a degree of flexibility in the way in which they are applied, provided that applicants supply appropriate supporting evidence and explanations to account for the absence of any one or more of these relationship aspects. The evidence that you and your spouse provide is therefore crucial in this regard. We recommend that you refer to our detailed guide on the evidentiary requirements for a partner visa application, which you can use to help prepare your own application and to ensure that you cover off on all relevant aspects, as required. Be mindful that your application will likely face a greater level of enquiry and scrutiny by the Department (and therefore a greater chance of a visa refusal) if there is less (or no) clear evidence that your married relationship is in line with the relationship aspects discussed above. Where Immigration has doubts about the genuineness of your married relationship, it can also request that you take part in an interview with a Departmental officer. The key point to remember is that evidence is key when it comes to applying for an Australian partner visa and to maximising your chances of achieving a successful result. And when the circumstances of your relationship do not fully support or exhibit the characteristics referred to above, provide clear and detailed explanations with appropriate supporting documentation to address this. Failing to do so can result in an automatic refusal of your application. As your sponsor, your spouse will also need to apply for, and be granted, approval to sponsor you for the visa as part of this process. It is important to be aware that new requirements which will affect the sponsorship requirements are in the pipeline (although no implementation date has yet been set for these changes to take effect; this could happen at any time going forward). As a result of these changes, the sponsorship will be assessed as a separate process to the visa application and will require approval before the visa can be applied for. This is a significant change to how the program currently operates, under which both the sponsorship and visa applications can be lodged and approved at the same time. After the changes are implemented, applicants will no longer be able to control the application date of a partner visa application (as they will need to wait until the sponsorship is approved). Complications can arise for onshore partner visa applicants who are in Australia and whose current visa is due to expire soon. The question that arises is what happens if the Department takes longer to decide the sponsorship application and, during this period, your visa term runs out? In this scenario, you would need to apply for, and be granted, another visa to remain in Australia, or, depart the country and apply for the partner visa offshore. Given the significant implications of these changes, we recommend that all potential partner visa applicants consider applying as soon as possible (provided all relevant eligibility requirements are met). We can provide you with further information and advice in this regard, to ensure that you take this process forward in a way that works best for you. We recommend that you refer you to our articles on the Partner Visa Changes and Australia Partner Visa Changes, for a further detailed discussion of the above proposed changes, how they may impact the partner visa application process (including the separation of the partner visa sponsor application), other changes that have since been implemented to the partner visa program and how a registered migration agent can assist you with your partner visa application. Before we continue our discussion, be mindful that there are further requirements that apply to partner visas, apart from the key criteria explained above. These include health and character requirements, as well as more specific criteria that apply only in certain circumstances. It is very important, therefore, to ensure that you obtain as much information and advice as possible, which is tailored to your specific circumstances before you apply for a partner visa. The rules are complex, and information is key when it comes to maximising your chances of the visa being granted. Further InformationAs mentioned, being informed about the latest and most comprehensive information in regard to the provisions governing the lodgement and grant of partner visa applications will give you and your spouse the best chance of achieving a positive outcome on your application. To help you make this happen, we have prepared a series of detailed information guides which explain further the important aspects that apply to partner visa applications and what you and your spouse should be aware of when embarking on this process. To help you to anticipate any potential issues that may arise with your own application and tackle them head-on (and thereby help to avoid your application being refused), please refer to our guides on the top reasons for partner visa applications being refused, what Departmental case officers look for when deciding partner visa applications and why partner visa applications are so tough. We also recommend that you refer to our information guide which provides an overview of the partner visa and a further detailed guide for married couples. You can also complete our partner visa assessment tool to help you to assess whether your relationship is up to immigration standards. The information contained in our guide on how to bring your wife to Australia on a genuine partner visa, which compares partner visas and explores visa requirements (note it applies equally to all genders). This guide also contains some useful information about what the Department considers to be a legally valid marriage in Australia, which becomes relevant for couples who marry overseas. But Also Be Aware That Marriage Is Not The Only Way To Obtain Permanent ResidencyHow so? Well a de facto relationship may also qualify for a partner visa, and ultimately, permanent residency in Australia. The application process is the same as for a married relationship, comprising of two stages (as discussed above). But note that some of the eligibilty requirements are different. It is therefore important to confirm all relevant requirements that would apply in your own situation before proceeding to apply as a de facto couple. One key difference is the meaning of a ‘de-facto relationship’ as compared with a ‘spouse’ relationship. To satisfy the definition of a ‘de facto spouse relationship,’ the following requirements must be satisfied:
In addition to the above, you must also provide evidence to demonstrate that your de facto relationship has been in existence for at least 12 months immediately before lodgement of your application. Note there are exceptions to this minimum relationship requirement period. Additionally, both the applicant and sponsor must be at least 18 years of age to qualify as a de facto spouse relationship for this purpose. And Another Option?If you intend to marry an Australian citizen or permanent resident, or eligible New Zealand citizen, you may consider applying for a Subclass 300 Prospective Marriage visa. Also commonly known as a fiancé visa, this is a temporary visa which will enable you to enter Australia to marry your Australian fiancé. Within the prospective marriage visa term, you must marry your Australian sponsor, and apply for an onshore Subclass 820/801 Partner visa. The visa term will be 9 months from the date of grant. Unless the Minister prescribes a specific date, which may be between 9 and 15 months from the visa grant date. Adopting this visa pathway will also ultimately lead to permanent residence in Australia. Although the overall process will take longer than if applying as a spouse or de facto partner, which has been discussed above in this article. To qualify for a prospective marriage visa, you will need to meet the following requirements:
Get More Information About The Prospective Marriage VisaWe recommend that you refer to our detailed guide on the temporary Subclass 300 Prospective Marriage visa where you can learn about the specific eligibility requirements, costs, timing, how to apply, and documents required to be submitted with your application. We have also prepared a series of articles which are designed to provide you with further information about the prospective marriage visa process and how it works. We recommend that you refer to the articles below to learn more. Overview – Partner Visa Australia Prospective Marriage Visa Subclass 300 Prospective Marriage Visa How Do You Apply For A Partner Visa?In either the case of a married, engaged or de facto relatioship, the visa (Form 47SP) and sponsorship (Form 40SP) applications are to be lodged online through the Department’s website at ImmiAccount (except in limited circumstances where the Department has authorised lodgement of a paper application). Although a sponsorship application is not a legislative requirement for lodgement of a valid application, it is required by Immigration policy. You and your de facto partner/spouse must provide all required supporting documents by attaching them to the online application. Immigration will correspond with you in relation to your application through ImmiAccount, and you can also use the portal to prepare and submit any relevant forms (e.g. to update about a change in your circumstances, or to notify the details of a new passport). The online portal is also used by the Department to communicate with you in relation to your application. If you engage a professional, they will prepare your application using their organisation’s online account with the Department. The base application processing charge is currently set at $7,715 for the main applicant, however this may differ in certain circumstances. Charges also apply to accompanying eligible family members (such as a child), with the amount payable being dependent on their age. As a guide, for most applicants the fee will be $3,860 for additional applicants aged 18 or over and $1,935 for those aged under 18. Your personal situation will determine the amount that is payable. All such charges are payable at time of lodgement of the application and payment surcharges may apply. Also be aware that all fees are subject to change and you should check the current rate which applies to you before you lodge your application. You should also be prepared to incur other related costs in connection with your partner visa application, such as:
How Long Will The Process Take?It is important to be aware that the partner visa application and grant process is not a quick one in most cases. You should be prepared for a long wait time to decision. As a guide, based on current Departmental processing times, the overall process can take on average between 32 and 45 months for the onshore application, and between 31 and 45 months for the offshore application to be finalised (these processing times are approximate and do change periodically). This data applies to 75-90% of applications submitted. How Long Does It Take To Get Permanent Residency In Australia After Marriage?As discussed above, simply being ‘married’ is not sufficient to meet the partner visa grant requirements. It takes much more than a marriage ceremony to qualify for a partner visa as a married couple. This means you may not necessarily be able to lodge an application once you are married. It is critical that in addition to this, you also meet the remainder of the requirements that apply in your case. This includes providing evidence demonstrating that you and your spouse meet the four key factors noted above. Once you have determined that you are eligible and proceed to lodge your application, take note of the processing times mentioned above to get an idea about how long does it take to get permanent residency in Australia after marriage. If you decide to apply as a couple engaged to be married, consider the additional time this would add to the process, which, based on current Departmental processing times, would take on average 23 to 28 months (this data applies to 75-90% of applications submitted). Who Can You Turn To For Help?Australia’s migration laws are complex, and each case is different. There are also several terms which are defined in the migration provisions (and whose meanings may differ from their ordinary usage). We recommend that you seek professional advice if your spouse is seeking to apply for a partner visa, as being fully informed will give you the best chance of achieving a successful resolution to your case. A migration professional can help you to do this. For up to date advice on the partner visa application, eligibility requirements and process of marrying an Australian to get residency, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide. Why Choose PAX Migration Australia?To learn more about why you should consider speaking with PAX Migration Australia, reviews and testimonials from our clients about what they think about us, and why obtaining professional assistance and advice from a migration agent can be beneficial in achieving a positive outcome on your migration matter, please refer to the following articles: Selecting a migration agent in Australia Should I use a migration agent or immigration lawyer for my application? Migration Agent in Adelaide Immigration Agent Adelaide Migration Agent Australia Best Migration Agent Adelaide PAX Migration Adelaide To find out if you are eligible, contact us on 08 7226 2225 or and book a consultation for personal advice specific to your circumstances. Get More Information About The Partner VisaWe have prepared a series of articles to provide further information about the partner visa program and how it operates, including the partner visa application process and eligibility requirements. Please see the links below for more information. Partner Visa Sponsorship Partner Visa Sponsor Requirements Partner Visa Sponsor Approval What are the requirements for a spouse visa in Australia How to bring your wife to Australia on a genuine partner visa Top 5 reasons why partner visas are refused How to be approved as a partner visa sponsor? Bridging visas for partner visa applicants What evidence should I provide? What case officers look for in a partner visa application? Overview – Partner Visa Australia Are you eligible to apply for a de facto partner visa in Australia A Detailed Guide on De Facto Visa Application Register your de facto relationship in South Australia Overview of Onshore Australian Partner Visa Schedule 3 Why partner visa applications are so tough Partner Visa Application Process * * * * * * * * * * * * In conclusion, given the highly complex nature of the migration laws, and the fact that every individual case is different, we strongly recommend that you book a consultation with an experienced migration agent, so that you are fully informed about the requirements that apply to the partner visa stream to ensure that you have the best chance of achieving a successful outcome. We note that the above discussion provides an overview of some of the key issues to be aware of if you are considering applying for a visa in the partner stream and marrying an Australian to get residency. Australia’s migration laws are complex, and each case is different. We have also referred to several terms which are defined in the migration provisions (and whose meanings may differ from their ordinary usage). We recommend that you seek professional advice before proceeding with applying for any visa class, as being fully informed about the process and requirements that apply will give you the best chance of achieving a successful outcome on your application, and thus lessen the chance that it will be refused. A migration professional can help you to do this. For up to date advice on the partner visa application process and eligibility requirements, and information about if you marry an Australian do you get permanent residency, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.  Sources/LinksAustralian Government – Services Australia – Individuals – Medicare https://www.servicesaustralia.gov.au/individuals/subjects/payments-visa-holders Australian Government – Department of Home Affairs – Immigration and citizenship – Settling in Australia – Adult Migrant English Program (AMEP) https://immi.homeaffairs.gov.au/settling-in-australia/amep/about-the-program Australian Government – Department of Home Affairs – Immigration and citizenship – Help and support – Applying online or paper – Applying online in ImmiAccount https://immi.homeaffairs.gov.au/help-support/applying-online-or-on-paper/online Does marrying an Australian guarantee residency?If you've married an Australian citizen but are not one yourself, you still have to apply for Australian citizenship. The Department of Home Affairs has information on: temporary partner visas, which let you live, work and study in Australia while your permanent partner visa is being processed.
How long does it take to get PR after marriage in Australia?The processing time for a permanent Partner visa starts from the date of eligibility. This is 2 years after you applied for the combined temporary and permanent partner visas.
What happens if I marry a permanent resident in Australia?If you are married to an Australian citizen, permanent resident or eligible New Zealand citizen, or have been in a defacto relationship (common law) with one for at least 12 months, you may be eligible for immigration by obtaining a Spouse Visa to Australia. Your spouse may sponsor you for a period of two years.
How long do you have to be married to get permanent residency?Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
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If I marry an Australian do I get permanent residency
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