# Can you get married on a tourist visa?



## M&S90 (Dec 5, 2013)

Can my partner and i get married in Australia while he is on a tourist visa? 

He is Canadian, and I am Australian, been together for 2 years.

Then, how do we apply for the onshore partner visa? does anyone have experience with this visa?

Kind regards, 

M&S90


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## CollegeGirl (Nov 10, 2012)

Yes, you can marry while on a tourist visa. Keep in mind that it is a violation of your tourist visa conditions to use it to get onshore to file another type of visa. However, if you went over to see if you liked it and take a nice holiday together, and spontaneously decided to apply, that would be different...

Keep in mind that simply being married is not enough to qualify for a spouse visa. You will have to provide evidence of the combination of finances, households, etc. I would start by reading the Partner Migration Booklet. It gives you a good overview.

http://www.immi.gov.au/allforms/booklets/1127.pdf

As to how you apply, well, they're about to roll out a new online system for partner visas, so that's about to change!


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## M&S90 (Dec 5, 2013)

Excellent. 

Do you know when this online visa system will be up and running? will the structure of spouse visa or evidence required change?


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## GBP (Jun 1, 2013)

See here:

http://www.australiaforum.com/visas-immigration/42001-good-news-partner-visa-applicants.html

Finally, some good news.


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## CollegeGirl (Nov 10, 2012)

What's in that link GBP posted is all we know as of right now. We don't know how else i's going to change.


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## Sarahgt (Mar 25, 2014)

Hi there, just wondering if you did get married on a tourist visa? If so how did applying for the next visa go? Any details would help me greatly as we are looking at doing this


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## kangaroogirl (Aug 25, 2012)

Sarahgt said:


> Hi there, just wondering if you did get married on a tourist visa? If so how did applying for the next visa go? Any details would help me greatly as we are looking at doing this


Sarah I just got married in February while my husband was on a tourist visa (ETA) from the USA. He'd been in the country and living with me for 6 months before we applied. What would you like to know specifically?


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## ronaod (Feb 11, 2014)

Thanks for the reply.
So I am in Ireland at the moment and my partner in Aus. we have been together for a year and lived together for 5 months. i had to go home at xmas time due to family reasons and could not get back as my visa ran out in feb.h ehas been over for 3 weeks since i have been home.
could i go over on a tourist visa, get married and then apply for 820 visa? or is there anything else you would recomend


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## kangaroogirl (Aug 25, 2012)

ronaod said:


> Thanks for the reply.
> So I am in Ireland at the moment and my partner in Aus. we have been together for a year and lived together for 5 months. i had to go home at xmas time due to family reasons and could not get back as my visa ran out in feb.h ehas been over for 3 weeks since i have been home.
> could i go over on a tourist visa, get married and then apply for 820 visa? or is there anything else you would recomend


Yes you could do that but a couple of precautions :

- your tourist visa may come with a "no further stay" condition on it which rules out applying for any other visa while onshore in Australia . However because you're from Ireland you're eligible for the Electronic Travel Authority (ETA) which rarely has this condition imposed.

- you must be seen to be a genuine tourist for this visa. Its not designed for entering Australia with plans to apply for another visa, so while it is allowed, I wouldn't recommend applying straight after arriving. However, if you're here for a visit and then decide to marry and apply because you just love it so much, then that's perfectly fine!!

- with the ETA, it's valid for multiple entries over 12 months. Maximum stay on each entry is 3 months. What I and many others did was use this time to accrue months living together prior to marriage and application onshore. My hubby came for 3 months, we went out if the country then came back in, and close to when the second 3 months was to expire, we married and applied for the 820.

- with exiting and entering the country on the ETA, you do need to be mindful that immigration don't like people "visa hopping" by leaving the country for just a few days and then re entering to effectively use the ETA to stay continuously. While you technically are allowed to, it's discouraged and I personally wouldn't do it more than once, but others have done it a few times with no problem. We were spoken to upon reentry and told not to do it again.

You are definitely best to live together here in Australia for at least 3 months before you apply. In that time you can gather your evidence, get your joint bank accounts if you don't already, get added to a lease or mortgage etc. 6 months is even better.

I hope this helps


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## kangaroogirl (Aug 25, 2012)

Also, you should study this, the Partner Migration Booklet

http://www.immi.gov.au/allforms/booklets/1127.pdf


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## Sarahgt (Mar 25, 2014)

Thank you, that is a great help!


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## kangaroogirl (Aug 25, 2012)

My pleasure Sarah


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## Maggie-May24 (Jul 24, 2011)

kangaroogirl said:


> - your tourist visa may come with a "no further stay" condition on it which rules out applying for any other visa. However because you're from Ireland you're eligible for the Electronic Travel Authority (ETA) which rarely has this condition imposed.


Sarah, to clarify one comment from Kangaroogirl's post, the NFS condition prevents you from applying from an on-shore visa, it doesn't prevent you from applying from an off-shore visa. So if you have a NFS condition on your visa you can apply for the off-shore partner visa and travel back to Australia on your visitor visa while waiting for the partner application to be processed.

From the DIBP website....

"What condition 8503 means
If condition 8503 has been imposed on your visa, it means you cannot apply for another visa (other than a protection visa or a temporary visa of a specified kind) to extend your stay while you are in Australia. Once you depart Australia condition 8503 will not prevent you from applying for other visas."


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## kangaroogirl (Aug 25, 2012)

Thanks Maggie, I was assuming they would realise that but I'll edit my original message to specify 

Very unlikely they'll get a no further stay on an ETA though.


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## faheem (Mar 26, 2014)

Can you help me ... ???? I want to get Australian visa For 6 months.... What documents I need to submit


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## kangaroogirl (Aug 25, 2012)

faheem said:


> Can you help me ... ???? I want to get Australian visa For 6 months.... What documents I need to submit


Hi Faheem,

What is the purpose of your visit? Was it just for a holiday?

Which country would you be visiting from?

This information will help people give you the correct information.

Just so you know, your questions will get a lot more replies if you post a new thread instead of asking the question in an existing thread, but that's fine.. Just so you know for next time


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## ronaod (Feb 11, 2014)

thanks for the help. just one more thing. should i apply for an ETA or an eVisitor visa? i cant see much difference other than the price ones free and the others 20dollars.


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## GadoGadoGal (Nov 20, 2014)

I have experience with marrying my partner while on the former Tourist Visa subclass 676, which carried the NFS 8503 condition. I believe this is similar to the current Visitor visa subclass 600. I would be happy to answer any questions on what this entailed.

The eligibility for the ETA (subclas 601) and eVisitor (subclass 651) varies based on the country for which you hold a passport. Check here to learn more: Visitor visa (subclass 600)


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## CollegeGirl (Nov 10, 2012)

Keep in mind that while you used to be able to apply for a waiver based on "compelling and compassionate circumstances" and have a longstanding relationship count as "compelling and compassionate circumstances," DIBP (at least for Schedule 3 purposes) are no longer counting longstanding relationships as compelling and compassionate. I would suggest anyone thinking they can get an NFS waived due to a longstanding relationship check with a reputable MARA-registered migration agent before making plans based on this idea. I'm not sure if the criteria for an NFS waiver/Schedule 3 waiver are the same or not in this case - that's why talking to an agent is a good idea.


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## CollegeGirl (Nov 10, 2012)

Also, GadoGadoGal - you may want to check the date on posts before you reply to them. You dredged up a months-old thread to post your comment and the OP has probably long since handled his visa issue.


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## evilemi (Mar 9, 2015)

kangaroogirl said:


> Yes you could do that but a couple of precautions :
> 
> - your tourist visa may come with a "no further stay" condition on it which rules out applying for any other visa while onshore in Australia . However because you're from Ireland you're eligible for the Electronic Travel Authority (ETA) which rarely has this condition imposed.
> 
> ...


Hello Kangaroogirl  your posts are very helpful. cos Im kinda on the same boat... not yet tho
Mai I ask you a question?
When your husband re entered to Australia, which main reason Did he check "holiday" or "Visiting Friends or relatives" on the landing card? I am going to Australia in May with my mum for sightseeing and showing her my boyfriend home town, but I will stay there longer to stay with him and might get married.


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## aussiesteve (Mar 16, 2012)

evilemi said:


> Hello Kangaroogirl  your posts are very helpful. cos Im kinda on the same boat... not yet tho
> Mai I ask you a question?
> When your husband re entered to Australia, which main reason Did he check "holiday" or "Visiting Friends or relatives" on the landing card? I am going to Australia in May with my mum for sightseeing and showing her my boyfriend home town, but I will stay there longer to stay with him and might get married.


Be carefull just getting married is not going to help your partner visa application other than waiving the 12 month rule.
You still have to provide details regarding shared finances, habitation, social involvement etc.
Most agents recommend at least 6 months of being together before applying for a partner visa.


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## evilemi (Mar 9, 2015)

aussiesteve said:


> Be carefull just getting married is not going to help your partner visa application other than waiving the 12 month rule.
> You still have to provide details regarding shared finances, habitation, social involvement etc.
> Most agents recommend at least 6 months of being together before applying for a partner visa.


thanks for your advice. I will consider it very carefully


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## aussiesteve (Mar 16, 2012)

evilemi said:


> thanks for your advice. I will consider it very carefully


Hi

A lot easier an option as you are considering marriage is a Prospective Marriage Visa, it only requires that you have met in person, and you have given notice of your intention to marry.
Y
Depending on which country you are applying from it could take around 12 months or more to process, however you can get a a tourist visa our a working holiday visa and spend time here with your partner while waiting.


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## stagnino (May 6, 2015)

hi everyone,

I would like to ask few question.
I'm Italian and I'm living in Italy. 
we have applied for 300 visa in february 2015 online in Berlin.
We have planned to get married on 19 December 2015 in Australia (in accord of the timing writen on Immi website - 5 months).
I have called the ESC and the operator told me that unlikely my visa will be issued in time for the wedding and he suggested me to enter in Australia with a tourist visa then get married, send a letter asking to change the 300 visa in different one, he didn't tell me which one.

Now I'm trying to organise it, and I have several doubt, maybe someone have advice.

- Is the right visa the 651 eVisitor ? 

- do I have to declare, in the 651 visa application and at the border if I will be asked, that I'm entering in Australian to get married?

- do I need an return tiket when I will be at the border? If yes, could it be for a different country of Italy (Thailand for example).

- once I got married and I sent the letter to the Berlin embassy, does it change the timing of issuing the visa? (does it restart from the begin like a new application?)

- could it be problem for the celebrant that I'm not holding the 300 PVM visa while I will have the wedding?

- any advice?

Thanks

Geremia


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## Johnny1314 (Jul 3, 2015)

*Need more advice using tourist visa*

Hoping Aussiegirl or Steve reads this, and offer advice if the approach below is feasible or not:-

I am Australia and live in Sydney.My Vietnamese born girlfriend of 13 months lives in HCMC (yes 13 months of back and forth is difficult but we somehow managed to make it work)

She recently accepted my proposal, so now I will fly over to HCMC and we will be having a traditional Vietnamese engagement ceremony later this year in Sep 2015.

This is where I need your advice. I read in the immigration booklet, ideally that we should apply via the Subclass 300 visa first then followed by the Subclass 820 visa.

However, she already has her existing tourist visa (12 month tourist visa, multi entry, 3 months stay per entry) which expires May 2016. I figured why should she need to apply for another visa if we can still use this one for marriage.

But I wanted to be doubly sure that this approach is ok with the tourist visa instead of applying for subclass 300.

Another query is if we do get married, what details do I need to provide to the BDM to make it legal etc. Does the wedding celebrant need anything as well?

So my plan is as follows:-

- I fly over to Vietnam to have Engagement Ceremony in Vietnam (Sep 2015)
- She flies over to Sydney using tourist visa in Feb 2016 to prepare for wedding
- We have Wedding in Sydney (Mar 2016) then she then goes back to Vietnam immediately after wedding and we prepare the paperwork for the 820 Partner Visa + the newly ripoff 6.9k AUD Visa price
- For the paperwork, by the time we submit it we would have been together for approx 22 months and enough emails, wassap/viber/facebook etc, and holiday pics of us together in 5 different countries. If that's not enough evidence to show a genuine relationship then I don't know what is
- I believe it will then take 9 - 15 months to process depending on all the info I've read so far
- Once processed and approved then she will be able to come to Australia right?

Sorry if I wrote too much. I just want to get it right.

Thanks in advance for any guidance / feedback.

Cheers,
Johnny


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## aussiesteve (Mar 16, 2012)

Johnny1314 said:


> Hoping Aussiegirl or Steve reads this, and offer advice if the approach below is feasible or not:-
> 
> I am Australia and live in Sydney.My Vietnamese born girlfriend of 13 months lives in HCMC (yes 13 months of back and forth is difficult but we somehow managed to make it work)
> 
> ...


You could try the method you have outlined but applying for a partner visa a month after you get married is setting yourself up for an expensive failure. You must have all the evidence of your shared life together ( joint finances, shared utility bills, benificeries of each others wills, etc) before you submit your visa application, at the moment they would consider you as dating.
You meet all the requirements for a PMV so why not get engaged, apply for a PMV and in the meantime your fiance can use her existing visa to visit you while you are waiting for the visa to be processed.
I am sure this approach would have a very good chance of being successful.


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