Marrying an Australian citizen or permanent resident is one of the most straightforward methods to obtain Australian permanent residency. This option is within the Australian Family Sponsorship Program, which aims to reunite families by allowing Canadian citizens or permanent residents to sponsor their overseas spouses. This article discusses why marriage is a good pathway to legally getting Australian permanent residency, the requirements, benefits, how to apply, and the sponsorship process.
What is the Sponsorship Process for an Australian Spouse Application?
The procedure begins when your Australian spouse submits a sponsorship application. This application must include documentation of a genuine relationship, such as shared financial responsibility, communication history, and confirmation of cohabitation. The Australian government is strict about avoiding marriage fraud; therefore, the relationship must be legal.
Once the sponsorship application has been submitted, you must apply for permanent residency. Both applications are often processed concurrently, with the total process taking approximately 12 months. Processing dates may vary based on the facts of your case and the immigration authorities’ present demand.
Financial Responsibility
A crucial factor of the sponsorship process is the Australian spouse’s financial responsibility. The sponsor must demonstrate the ability to financially support their spouse for three years, beginning when the sponsored individual becomes a permanent resident. This entails ensuring that the sponsored spouse does not require social support during this time.
If I marry an Australian do I get permanent residency?
Marriage with an Australian citizen does not immediately grant you Australian citizenship. To legally reside in Australia, you must get the right visa. The visa you require is determined by your unique circumstances, such as whether you intend to stay in Australia temporarily or permanently. The most prevalent visa options are:
● Partner Visa: If you want to live in Australia continuously, you may apply for a Partner Visa. This visa is frequently utilized by the wives or de facto partners of Australian citizens or permanent residents.
● Prospective Marriage Visa: If you are engaged to an Australian citizen and intend to marry within nine months, you may apply for a prospective marriage visa. When you marry, this visa can be converted into a partner visa.
● Visitor Visa: If you want to stay in Australia temporarily after your wedding, you can apply for a Visitor Visa. This visa permits you to see your spouse and travel around the nation for a certain time.
Benefits of marrying an Australian citizen
● Right to Live and Work in Australia: A Partner Visa allows the holder to reside, work, and study in Australia indefinitely. This means you may establish a solid profession and lifestyle without the constraints of transitory visas.
● Access to Healthcare: Partner Visa holders have access to Medicare, Australia’s public healthcare system. This is one of the key healthcare benefits of a spouse visa in Australia, ensuring you receive the medical treatment you require while minimizing your financial burden from healthcare bills.
● Pathway to Permanent Residence: The Partner Visa provides a straight path to permanent residency. After you have the temporary visa, you can apply for a permanent visa, which can eventually lead to Australian citizenship.
● Social Security Benefits: Once you have obtained permanent residency, you are eligible for some social security benefits, which provide additional financial help and security.
● Educational Opportunities: As a partner visa holder, you have access to the Australian education system. You may also be eligible for domestic student tuition rates, which greatly reduces schooling costs and is one of the primary educational benefits of a spouse visa.
● Sponsorship for Family Members: Partner Visa holders can sponsor eligible family members to visit Australia, making it easier to reconnect with loved ones.
● Freedom to Travel: With a Partner Visa, you can travel freely in and out of Australia, allowing you to visit relatives or take overseas trips.
Eligibility Criteria
Before commencing the route to Australian citizenship through marriage, it is important to establish eligibility. The primary eligibility conditions are:
● Marriage to an Australian Citizen: The applicant must have legally married an Australian citizen. This includes heterosexual and same-sex weddings, as long as they are legally recognized in Australia.
● Residency requirements: Typically, the applicant must have been in Australia on a valid visa for at least four years, including at least one year as a permanent resident. However, differences may arise depending on particular circumstances, such as time spent abroad with an Australian citizen spouse.
● Character and Language Proficiency: Applicants must meet the Department of Home Affairs’ character criteria, which include having no major criminal record. They must also exhibit competent English language skills, which are typically assessed using the International English Language Testing System (IELTS) or similar assessments.
Can you marry in Australia on a tourist visa?
Yes, anyone with an Australian tourist visa can marry in any state in Australia, as long as they meet the legal conditions.
However, simply because you are married in Australia does not guarantee that you will be able to live permanently there.
An Australian tourist visa has a no further stay clause, which states that no renewals are permitted. As a result, if you married an Australian citizen or permanent resident and want to continue and live in Australia after your wedding, you must apply for the appropriate partner visa once your wedding is done.
Until then, make sure you are familiar with all of the tourist visa restrictions and criteria so that your marriage can be legally registered in Australia.
Can I marry an Australian citizen while on a tourist visa?
Yes, you can marry an Australian citizen while on a tourist visa, but this does not instantly grant you Australian citizenship.
If you want to stay in the nation after you get married, you must get legal guidance and apply for the necessary spouse visa.
What if neither party are Permanent Residents or Citizen of Australia?
If neither you nor your partner are permanent residents or citizens of Australia, you can still marry on a tourist visa, but you will not be able to stay in the country after your visa expires.
As a result, if you want to stay in Australia after getting married, you will need to consider other possibilities such as obtaining visa sponsorship from an employer or studying in Australia.
If you or your significant other have resident status in Australia, it may be prudent to take the longer route of acquiring a Prospective Marriage Visa if you intend to settle there with your prospective partner.
While marriage is permitted while visiting on a tourist visa, this option provides greater stability and security for successful resettlement in Australia, including job rights and access to healthcare.
How long does it take to get Australian citizenship after marriage
To become an Australian citizen after marriage, you must meet the standard conditions, which include residence and good character rules. The quickest time to obtain permanent residency is 3.5 to 4 years after marriage. Once granted, 90% of candidates can attend a naturalization ceremony within 8 months.
The Legal Requirments to Get Married in Australia
Step 1: COMPLETE AND SIGN THE NOTICE OF INTENDED MARRIAGE (NOIM).
Your celebrant must obtain your NOIM no later than one month before your wedding day. The NOIM has a lifespan of 18 months, which means you can marry at any time between one month and eighteen months after your celebrant gets your signed and attested NOIM.
Those in love who seek to marry in Australia must be informed of Australian marriage laws. A one-month legal notification period must be followed before tying the knot.
This means that both parties must sign a ‘Notice of Intended Marriage’ (NOIM) form before an authorized witness and then deposit it with their selected marriage celebrant at least four weeks before the wedding takes place.
Step 2: The declaration of no legal impediments to marriage
Before the wedding, both parties will be asked to sign declarations stating that they are legally free to marry and that each partner consents to marry the other.
Step 3: OFFICIAL CERTIFICATE OF MARRIAGE (X2) AND CERTIFICATE OF MARRIAGE
Finally, the couple will exchange legal vows (words necessary by Australian law to make the marriage official). At this time, further marriage documents will be signed in the presence of at least two witnesses (provided by the couple).
How can I obtain proof of my marriage in Australia?
On your wedding day, you, your celebrant, and two witnesses over the age of 18 will sign the marriage certificate, which gives your birth dates and places, normal addresses and jobs, and the names of your parents, including your mother’s maiden name.
This certificate is delivered to the Registry of Births, Deaths, and Marriages within 14 days for official recording. You will be given a shorter marriage certificate on the day, but it is not legally recognized.
You can obtain your registered marriage certificate from the Register of Births, Deaths, and Marriages in the state in which you married.
● New South Wales: NSW Services or Births, Deaths and Marriage
● Victoria: Births, Deaths and Marriages
● Western Australia: Births, Deaths and Marriages
● Tasmania: Births, Deaths and Marriages
● Queensland: Births, Deaths and Marriages
● Northern Territory: Births, Deaths and Marriages
● South Australia: Family and Community > BDM
● Australian Capital Territory: Access Canberra
Will my Australian marriage be recognized in my country of origin or citizenship?
Weddings held in Australia may not be recognized worldwide. Always consult the embassy or consulate in your own country.
For example, a marriage between an Australian and a foreign national may not be recognized in the other person’s native country.
Furthermore, Australian same-sex marriages may face non-recognition and legal issues in a variety of nations.
Before leaving Australia, it is recommended that you contact the relevant country’s embassy or consulate to learn about their marriage laws and whether or not your marriage in Australia would be legally recognized back home.
What Happens After You Get Married in Australia as a Tourist—and How to Extend Your Stay
It is crucial to understand that when you marry, the requirements of your visa do not change. Even if you visit Australia as a tourist and marry an Australian, you will not be automatically granted permanent residency or citizenship!
FAQS
Can I get permanent residency in Australia if I marry an Australian?
This visa allows a de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to stay in Australia permanently. It is primarily intended for persons currently on a temporary Partner visa (subclass 820).
What are the benefits of legal marriage in Australia?
Joint ownership of property and assets gained during the marriage is referred to as “marital property.” The opportunity to file joint tax returns and receive potential tax breaks as a married couple. If a spouse dies without a valid will, the surviving partner is automatically entitled to inherit, assuring their financial security.
What is the best way to get permanent residency in Australia?
There are three common ways to become a permanent resident.
● A family-based permanent visa.
● A work-stream permanent visa.
● Permanent visa in the business or investor stream.
What is the pathway to becoming a permanent resident in Australia?
You can become a permanent resident of Australia by applying for and receiving a permanent visa that allows you to stay in Australia indefinitely. Permanent visas are most commonly used for skilled work and family purposes. Explore visa alternatives to find one that meets your needs.
Do you get automatic citizenship if you marry an Australian?
Marriage to an Australian citizen does not guarantee entry into Australia. Or become a citizen. To enter and live in Australia, foreign citizens must follow the country’s immigration regulations. Learn more about partner visas and obtaining Australian citizenship (Department of Home Affairs).
How long do you have to be married to get a visa to Australia?
Can I obtain a permanent Partner (subclass 100) visa without waiting two years? The two-year waiting period can be eliminated if, at the time of application, you have been in a partner relationship with your partner for three years or longer, or two years or more if you have children together.
Conclusion
Marrying an Australian is a realistic option for getting Australian permanent residency, particularly for people who do not qualify under other immigration schemes. However, it is critical to approach this process with candor and be prepared for the duties and challenges that await. By establishing a real relationship and satisfying all of the conditions, you can successfully traverse the sponsorship process and begin a new life in Australia.
