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What constitutes a marriage for migration purposes?

A marriage must be solemnised according either to the laws of Australia or the laws of another country. Such marriages will be lawful and valid for the purpose of a visa application. Refer to Part VA of the Marriage Act.

Can a couple who have been married in another country have another marriage ceremony in Australia?

No. Where the marriage solemnised overseas was lawful and valid a second marriage ceremony cannot be conducted in Australia. Refer to Section 113 of the Marriage Act. However a "Renewal Of Vows Ceremony", i.e. the same as the Marriage Ceremony without the legal formalities can be held.

How can an overseas Fiance come to Australia to marry his/her Australlian partner?

The overseas partner may apply for a Fiance visa to travel to Australia. The couple MUST marry within a nine month period for the overseas partner to be eligible to apply for a spouse visa. There may be other options available to the overseas partner.

What document(s) are an engaged couple required to provide in order to lodge a fiance visa application?

Relevant to Marriage Celebrants, the overseas partner is required to submit a valid Notice of Intended Marriage.

What are the penalties for assisting in a sham marriage for migration purposes?

Depending on the person's involvement, penalties can range from two years imprisonment to ten years imprisonment plus fines up to $100,000.

DISCLAIMER: The questions and answers given above are of a general nature only and do not substitute for obtaining specific professional advice from a registered migration agent.

For overseas couples wishing to marry in Australia and then return home: Click Here