Fiancé immigration requirements
Marriage and Immigration
If you or your fiancé are applying for entry into
IMPORTANT advice from Adam Welch - Migration Specialist. For contact details go to http://www.welchlaw.com.au/ where you can download the Relationship Visas kit or visit http://mia.org.au/index.htm
For couples who are overseas prior to the wedding, all the arrangements can be completed by telephone, e-mail ,fax or by post.
Contact me via email for further information regarding the legal requirements .
Fiancé Visa
Australian residents wishing to bring to
You are required to lodge a Notice of Intended Marriage (NOIM) with your chosen Marriage Celebrant who will issue you with a letter addressed to the appropriate Australian Embassy handling your case confirming that he/she has received that notice. Your partner would lodge this letter with their application at the embassy in the country from where they are applying.
Legal Advice
If you are going to apply, seek advice from a properly qualified and registered person.
As a Marriage Celebrant or other interested person, we can never give immigration assistance. You should consult with a properly qualified and registered person.
Relationship Visas
There are four main types of relationship visa. Most relationship visas are part of a two stage process that is used to test relationships before the Australian Government approves permanent residence; stage one is a two-year temporary visa, stage two is permanent residence. All relationship visas are granted with full work rights and unlimited ‘come and go’ travel rights. People in verifiable long term relationships can be approved immediately for a permanent visa if they provide the evidence Immigration requires.
1. Prospective Marriage (Fiancé)
Easiest relationship visa to apply for; less documents required; arrive in Australia with full work rights; permission to visit your fiancé in Australia can be obtained while awaiting grant of Prospective Marriage visa
Must be outside Australia to apply and for visa grant; part of a unique three stage process to permanent residence (while there is extra bureaucracy, the result is the same); only available to heterosexual couples.
2. Spouse (Married)
Can apply in Australia*; allowed to stay in Australia on a ‘bridging visa’ while Immigration considers case; can seek work rights while awaiting visa grant*
Newly married couples can fail to meet Immigration requirements; must have very convincing proof of relationship; the legal definition of ‘what is a spouse’ is two and a half pages long
3. Spouse (De Facto)
Can apply in Australia*; allowed to stay in Australia on a ‘bridging visa’ while Immigration considers case; can seek work rights while awaiting visa grant*
Must have very convincing proof of relationship dating back minimum of twelve months; the legal definition of ‘what is a spouse’ is two and a half pages long
4. Interdependent (Same Sex Couples)
Can apply in Australia*; allowed to stay in Australia on a ‘bridging visa’ while Immigration considers case; can seek work rights while awaiting visa grant*
Must have very convincing proof of relationship dating back minimum of twelve months; the legal definition of ‘what is a partner’ is two and a half pages long
*Not possible in all cases. Some cases are limited by the conditions on their current visa, their circumstances, or the lack of an appropriate visa. Seek legal advice before you apply.
*If you are not married yet, do not get married before seeking legal advice. Marriage does not guarantee you a visa.
