Marriage Information for an Australian Marrying an Overseas Partner

Fiance Visa - Prospective Marriage Visa Subclass 300

When an Australian decides to marry a partner, and intends to seek permanent residency for the partner, it is not only a matter of marriage, but also a matter of immigration. Here is some information for those marrying an overseas partner in Australia.

• You must satisfy all the Legal Requirements for marriage in Australia, including lodging a Notice of Intended Marriage at least one calendar month and no longer than 18 months, before the wedding day. The date of your wedding can be changed, within this time frame, if the visa is not granted in time. Otherwise another NOIM can be completed and lodged
• For information on the Prospective Marriage Visa (Subclass 300) please refer to the Dept. of Immigration before making any wedding plans

What you need to do:

• Make an appointment to meet with me (if one partner is still overseas it is acceptable for only the partner in Australia to make the arrangements)
• Bring with you to the meeting all documentary proof of identity required
• Pay the booking fee for your ceremony (this fee is non-refundable and includes the cost of completing the Notice of Intended Marriage and the cost of the letter for the Department of Immigration)
• Discuss a date for the marriage and complete the Notice of Intended Marriage
• If you and the Australian citizen/permanent resident who will be the sponsor are both overseas, then all of this can be achieved from a distance. Contact me for more information
• As your Celebrant I will then issue you with a letter addressed to the appropriate Australian Embassy handling your case, confirming that I have received the Notice of Intended Marriage, I will provide them with the date and location of your wedding and notify them that you have paid me non-refundable deposit. Your partner lodges this letter with their application at the embassy in the country from where they are applying. You will need to make arrangements to marry within 9 months of the date on which this visa is granted

You both need to be:

• Not already married, either to each other or some other person
• Able to freely consent to the marriage
• Over 18 years of age
• Not in a prohibited category of relationship (by blood or adoption)
• Able to give a minimum of one calendar month and a maximum of 18 months formal notice of your intention to marry by lodging a properly witnessed Notice of Intended Marriage with me, your celebrant. This form can be witnessed at an Australian Embassy in your country, if you are not in Australia
• Capable of understanding the ceremony, therefore
• both parties and the witnesses must be sober
• if the bride, groom or a witness is not fluent in English an official interpreter must be present to interpret. It is your responsibility to organise this
• if one of the parties is hearing impaired a sign language interpreter is required
• Able to say your vows out loud or through a sign language interpreter and understand the legal component of the ceremony Please refer to Legal Requirements

You both need to provide:

• Original proof of identity documents (see below)
• Proof that you are free to marry if you are divorced or widowed (see below)
• Properly notarised translations of any documents not in English using a NAATI translator
• two witnesses at least 18 years of age who are capable of understanding the nature and legal ramifications of the ceremony (they do not need to be Australian citizens)
• The following ORIGINAL documents because without them you will NOT be able to be married. Photocopies are not acceptable
  • Proof of name and birth (your passport is acceptable)
  • Photographic evidence of identity - one of these is acceptable: a driver's licence, a proof of age/photo card, an Australian or overseas passport or a Certificate of Australian Citizenship along with another form of photo ID
  • Original divorce decree (if applicable)
  • Original death certificate for a former spouse (if applicable)
  • Documentary evidence of any change of name
  • Notarised official English translations by a NAATI translator, of any of these documents that are in another language

You do NOT need:

• to be resident in Australia for any length of time
• to remain in Australia for any length of time after the wedding
• to be an Australian citizen
• to participate in pre-marriage education, every couple will be given the government pamphlet, Happily Ever - Before and After, by their Celebrant
• blood tests
• a medical examination
• a certificate of no impediment of freedom to marry, from another country
• identification documentation about your parents
• consent of parents or guardians if you are over 18
• to make your intention to marry public
• to marry with "open doors" as in England. Therefore your wedding can be very private
• to change your name

Celebrants are not qualified to advise on immigration matters and should not do so. We can only provide the required letter mentioned above for your application. The information provided here is very general and subject to change by the relevant Government agencies. You must seek legal advice about your personal circumstances. Only an experienced immigration lawyer or agent is qualified to give you the correct advice about whether marriage will help your application or not.