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What if One of Us is Not Australian?

Migration Visas for Australia:

Some of the Frequently Asked Questions regarding Migration as it applies to spouses.

Who can provide advice about migration and visa questions?

The Migration Act and Regulations restricts the provision of advice and assistance in relation to migration and visa matters to those persons registered by the Migrations Agents Registration Authority.

In addition, due to conflict of interest limitations, Marriage Celebrants are not permitted to advise, assist or represent clients in relation to immigration matters.

It is not an offence, however, to pass on information produced by a third party as long as the person does not give substantial comment on, or explanation of the information

What visas may an overseas national be eligible to apply for on the basis of a relationship with an Australian citizen or permanent resident of Australia?

Specific visas are available for de facto partners with a minimum of 12 months cohabitation, married partners or engaged partners.

Does marriage to an Australian permanent resident or citizen automatically entitle an overseas national to residence in Australia?

No. As well as providing evidence of the marriage, married partners must provide evidence that they are in a continuing and genuine relationship.

Does a Spouse visa entitle the holder to permanent residence immediately?

In most cases a Spouse visa is granted for an initial period of two years. At the end of that period, upon production of evidence of a continuing genuine relationship, the visa holder may be granted a permanent residence visa.

Continued on the next page

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