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Is it legal to marry in Australia on a tourist visa? Can you marry your fiance in Australia?

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In this week’s episode of our Weekly Q&A one participant asked Is it legal to marry in Australia on a tourist visa?

The exact question was:

Can I get married in Australia on a tourist visa or do I need to apply for another type of visa?

Visiting your fiance in Australia on a tourist visa from Philippines? Is it legal to marry in Australia on a tourist visa? Or just you have a partner visa to do that?

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84 Comments

  1. Mike Regan

    So it is ok to marry on a Tourist Visa… but is it better to do it this way or or it better to wait for the Partner Marriage Visa? We just want to do it the best and fastest way to get her in Oz permanently.

    Reply
    • Jeff Harvie

      Yes you can. Perfectly legal. However people make the mistake of trying to organise a wedding and a partner visa all within three months, then wonder why they mess it all up!

      Reply
      • sylvia

        How long a couple should wait to lodge partner visa application after getting marriage certificate?

        Reply
        • Jeff Harvie

          You lodge when EVERYTHING is ready. You will have a mountain of work to do.

          Reply
          • Timothy

            Hi have a question, if my girlfriend comes to Oz to live with me on a tourist visa, and we got married, a partner visa would be required but my question is can you pay a partner visa over time? Like a payment plan?

          • Jeff Harvie

            Firstly, this is all a bad idea. She can’t live with you on a tourist visa. She may VISIT you, but if you plan on her living with you long-term then you are looking at the wrong visa. A partner visa is what you need. And these are expensive, and no you cannot pay it off over time sorry. Neither ourselves nor the Government will provide this for you. You need to either save up enough money or try to get a loan.

        • Mabel talusan

          I have 8503 on my visa and it’sstopping me on getting my 820 partner visa,how can I get past stipulation

          Reply
          • Jeff Harvie

            You need to successfully apply for a waiver of the 8503, which means you need compelling and compassionate circumstances. If you don’t have them, you will simply have to leave and to apply for an offshore partner visa.

          • Mabel McLachlan

            If my waiver on my 8503 fails Will it impeed my next visa application from abroad thanks for your help

          • Jeff Harvie

            Only if you submitted false information or documents

        • Timothy

          Also my girlfriend is coming from America

          Reply
    • Grace Fransz

      I am an Australian citizen…my fiancee a Dutchman. We are 74 and 77 and want to marry and like to stay in Australia. What to do?

      Reply
      • Jeff Harvie

        Really? Good for you both! I hope it works out for you, and you have some happiness! OK, I only do visas from Philippines to Australia. Would you like me to refer you to a Migration Agent I know who is a Dutchman? A very smart man, and a decent man too.

        Reply
        • Vincent ola

          Yeah….. Thanks

          Reply
  2. Allan Dixon

    l married at Gapan city in 2014 , do l have to marry again in Australia ???

    Reply
    • Jeff Harvie

      Hello Allan. No you don’t. A Filipino legal wedding is recognised in Australia.

      Reply
  3. mercy

    Last year im applying tourist visa in Australian embassy and they refuse my visa…my australian boyfriend want to marry me but I am married to a Filipino man..is there’s a way to live in Australia even we can’t married..

    Reply
    • Jeff Harvie

      Well, obviously you can’t marry if you’re already married. If you’re in a de facto relationship for 12 months or longer then you may apply for a partner visa based on this.

      Reply
      • Christine Bernadette Lao

        Hello. Do you process visas for Filipinos who will get married to a PR?

        Reply
        • Jeff Harvie

          Yes we do. Permanent Residents of Australia are entitled to sponsor partners and spouses on partner visas.

          Reply
  4. nouna

    Hi everyone, my fiancé is in Australia on Student visa, I’m planning to visit him and get married there, so is it possible to get married with a tourist visa? we checked the PMV but it is taking up to 18 months, but we would like to be together asap
    so our idea is to go on tourist visa, get married go back to my country of residence and apply for partner visa.
    need your advice please

    Reply
    • Jeff Harvie

      I really can’t advise you based on what you said, Nouna. However it sounds like your fiance is NOT an Australian Citizen or Permanent resident. Is that correct? You need a sponsor for a partner visa or a PMV, and a student visa holder can’t sponsor you.

      Reply
  5. Vanessa

    Hi, the 309 partner visa (outside Australia) states you can should be married or intend to marry before the visa is granted. So, is it ok to apply for this visa, and get married later, when visiting my fiance on my tourist visa?

    Reply
    • Jeff Harvie

      Within reason, yes it is.

      Reply
  6. carl

    I am an Australian citizen. I’ve been dating a filipina girl for 4 months. I plan to apply for a multiple tourist visa for her. The plan is for us to get married on her second visit here. Can I marry her in Australia on a multiple tourist visa? Then apply for a partnership visa while she is still here? Can she stay in Australia while the partnership visa is being processed? Or is it better that she goes back to the Philippines and apply for partnership visa via offshore? Lastly will my hecs debt affect her chances of her getting a tourist visa or a partnership visa? I have a hecs debt but am no longer a student and am working full time.

    Reply
    • Jeff Harvie

      You can do that, however unlikely you would get a multiple-entry tourist visa on the first try. Yes, I know the Immigration website makes it look like a shopping list, but in reality it’s not that simple. I’d also advise you against planning on putting together a last-minute partner visa. There is months of work, and they are very unforgiving of hastily-prepared applications. Suggest you get an assessment from us, and get some solid advice that will help you. And HECS debt shouldn’t be an issue.

      Reply
  7. Jennifer

    Is it illegal to marry my partner in Australia on a tourist visa? I’m from the United States and she is from Australia. I’m going to be coming there for a few weeks this summer and wanted to know if I marry her there will I mess the chance up of her being able to be my wife in the USA and having her come to my country to live eventually. I have spoken to someone here in the USA and it’s going to take forever to marry her here and we want to get married soon. She had flown to me twice in the last year and now I’m going to her but we want to be together.

    Reply
    • Jeff Harvie

      You may marry in Australia on a tourist visa, yes. But I can’t comment on immigration laws into America. It’s not my area.

      Reply
  8. Annnaa

    Hi! I need help, Me and My Fiance are planning to get Married in Australia. We are both from Manila. Are we allowed to get married with Tourist Visa? If yes, What are the requirements needed? Thanks!

    Reply
    • Jeff Harvie

      You will need to speak with a priest or marriage celebrant about organising a wedding. I do visas.

      Reply
  9. Hannah Axmannova

    Hello

    I am filipina and got married in Australia last month. And now, my husband will have an operation on June and i wanted to be there to take care of him but same time my daughter is studying here in Philippines so i have to come back. i wonder if i could still get a Tourist visa (just like i had) or should i apply another visa ? because we’re married now , if yes, what kind of visa?

    Thank you.

    Reply
    • Jeff Harvie

      I imagine you could get a tourist visa for visiting him, yes.

      Reply
      • Vincent ola

        I will like to discuss many things about my tourist visa with u please we can talk on mail thanks

        Reply
        • Jeff Harvie

          Please complete one of our online visa assessment forms. It will take you five minutes. After that you can ask me anythin you need via email.

          Reply
  10. Grace Villaflor

    Is it possible to get marry in Australia while on tourist visa? Do i really need to come back in the philippines after tourist visa? What visa can i apply after my tourist visa?

    Reply
    • Jeff Harvie

      Yes you can marry it Australia on a tourist visa, just like the BLOG article said. And yes you do, if you don’t successfully apply for a partner visa after you marry and before the tourist visa runs out. Strongly suggest you don’t assume this is easy, or you will mess this up for yourselves.

      Reply
  11. Alexander

    My Filipino girlfriend has visited me here on two occasions so far. We wish to become a couple in the future, both her visits were plagued by my two unexpected knee surgeries. So now I would like to apply for a longer visitor visa to both complete our original tourist plans as well as looking into her options to bridge her Filipino qualifications for Australian acceptance.
    Would these be reasonable grounds to apply four a longer term visitor visa?

    Reply
    • Jeff Harvie

      Visitor visas are for visiting. They are not to “bridge Filipino qualifications”. I’m not even sure what you mean by that, but if it’s to do with finding employment then no these are not grounds for a visa that’s designed for visiting only. Suggest you complete our free visa assessment form, and let’s see if I can get you on the right track.

      Reply
  12. Akansha Patel

    Hi,

    Can a person on student visa marry a person on visiting visa or tourist visa in Australia? Will it be legal? Will there be any restrictions or disadvantages for the person on visiting visa or tourist visa?

    Thanks

    Reply
    • Jeff Harvie

      I don’t get involved with student visas, so I would rather not comment sorry.

      Reply
  13. Keith

    hi jeff!
    my partner is a new zealand citizen and is working full time in australia. i am visiting him on a tourist visa and we plan to marry. is it legal? if yes, i only plan to stay for two months, will it be enough to process our wedding on a short time? thank you.

    Reply
    • Jeff Harvie

      You may marry in Australia, yes. You should discuss time required with a marriage celebrant though.

      Reply
  14. Cindy

    Hi Jeff,

    I am currently in Australia on a tourist visa and my partner is an Australia citizen. We plan to get married, but we have travel plans to go outside Australia. When I come back on the same tourist visa I am on now and later marry him, would that be ok, or should we marry before we leave and if latter do we need to apply for a permanent visa for me before we leave or can I enter on the same tourist visa I am on now while already being married to the Australian citizen? Please let me know which would be a better option. Thanks a lot!

    Reply
    • Jeff Harvie

      You can marry wherever you wish and you can marry where you want to. I can’t tell you which is better. Suggest that you decide what you want to do, and then to a visa assessment form and we can advise you as to what your visa options are.

      Reply
      • Glen

        Im in multiple tourist visa entry for 12 months in Australia, my boyfriend is Australian citizen, can we get marry before the first 3 months of visit will be finish?

        Reply
        • Jeff Harvie

          Hello Glen. Yes, you may marry on a tourist visa. This is legal, as long as you meet all the other requirements to legally marry in Australia.

          Reply
    • Camille

      is it ok to bring my girlfriend here in Australia under tourist visa together with her daughter? We are planning to get married here once I get my PR then proceed to partner visa application after getting married.

      Reply
      • Jeff Harvie

        If you can prepare tourist visa applications for them properly, then yes they should hopefully be able to visit. But don’t count on starting a partner visa application inside Australia during a 3 month stay. Strongly suggest you get an assessment https://assessments.downundervisa.com

        Reply
  15. Marie

    Hi my dad is a australian citizen and is in hospital with a terminal cancer he want to bring as tourist a woman meet by internet a year ago to marry her, can they marry with her tourist visa? Can she try stay or seek residency after that? What happen if he dies after that, can she continue a resident process being he widow?

    Reply
    • Jeff Harvie

      Hello Marie. Firstly, I DO sympathise and I admire your level of caring for him. May I be so luck when it’s my time! I will be truthful with you, though.

      1. It’s going to be very hard and highly unlikely we could get a tourist visa for her if they haven’t met in person, and this is what the situation sounds like. If I’m wrong, please tell me.

      2. IF she was able to get into Australia, and if they decided to marry then they could apply for a partner visa for her. It would NOT be automatic. They would have to prove a genuine relationship, and prove it was not a marriage of convenience. Don’t get offended. They don’t know any of you personally, and there are a lot of abusers out there. Note also that there is a mountain of work involved in a partner visa application, and its very expensive. And it will never happen if they don’t meet in person.

      Reply
  16. Junaid

    Hello sir,
    I’m from Pakistan (Male) and got married islamically to an Australian citizen (Female) who reverted to Islam.
    I’m not interested in Australian citizen ship rather will apply for her citizen ship for Pakistan.

    I already have a Pakistani wife and 3 children whom I have already declared and me or them do not wish to settle in Australia but I want to visit my Australian wife and wish to get married to her as per Australian law and obtain marriage certificate and submit her case in my embassy in Australia for further process..

    Off course my Pakistani marriage doesn’t come under Australian law but as an honest person I declared it and I know that as per Australian law I can register one marriage only even though there are many Muslim Australian living there and have multiple wives but only one is registered.

    I would like to ask for ur kind advise and guidance and maybe I would take ur services too to get a visa for 3 months plus to visit my partner in Australia and get married there and till she finally gets Pakistani nationality I can visit her time to time.

    Plz note I have never been to Australia before so what kind of Visa applys on me to get married with her in Australia as per Australian law???

    Thanks and regards

    Junaid

    Reply
  17. A.D

    Hi, I’m an Australia Citizen and planning on sponsoring my partner from Philippines for a Tourist Visa. He’s already visited here twice, so this would be his third time. Do you have any advice on how I can extend his stay here while on that visa? He was only approved 1 month stay for each of his previous visits.

    Also, I might consider marrying him if this Tourist Visa gets granted. Would it be possible to apply for a Partner Visa while he is here? Otherwise, what would you recommend? Thanks!

    Reply
    • Jeff Harvie

      You may lodge a further tourist visa application for him while he’s inside Australia, as loong as there is no Condition 8503 restriction on the current visa grant. And should you apply for a partner visa? You can do that if you wish, but you may well run out of time to prepare a proper application that will be successful. Suggest you get some professional help.

      Reply
  18. Imee

    Hi, i am from philippines and now here in Australia with my fiancee. Im using a tourist visa with 12months and with multiple entry for 3months. My question is that my first 3month will ends this coming 26th of October. So we planned to go to Singapore for 3 nights then back to Australia, my problem is that i will be 7month pregnant when i get back to australia . Is there any chance not to go out to australia? Will the immigration or airlines will stop me to come back to australia if they will know if im 7month pregnant? Please help !! Thanks .

    Reply
    • Jeff Harvie

      It has nothing to do with immigration, but the airlines themselves have rules about the latest date (in a pregnancy) that they will accept passengers. Sometimes they will also require a letter from your doctor stating that you are OK to fly. They don’t need you giving birth somewhere over the ocean somewhere. So check with the airlines ASAP!

      Reply
  19. Anna

    I Am here in Sydney for a tourist visa for 12months multiple entry. I am married in Philippines but separated. i have an australian citizen boyfriend, is it possible for us to get married here in Australia?

    Reply
    • Jeff Harvie

      No, definitely not. You can’t marry when you are still married, even in another country. And being separated doesn’t dissolve a marriage. Bigamy is a crime in Australia as well as in Philippines. Don’t try it!

      Reply
  20. Jam

    Hi Jeff,

    I am holding a tourist visa & I’m planning to get married in Sydney. My finace is holding a subclass 485 visa, Is it possible to get married in Sydney & process the Subsequent Entrant afterwards?

    Please advise.

    Reply
    • Jeff Harvie

      You can get married, but you are talking about visa types that I don’t deal with and haven’t for many years. I suggest you seek advice from another Registered Migration Agent.

      Reply
  21. xinvon

    Hello Jeff!

    I met my Australian permanent resident fiancé in September while I was on a conference. During that time, I was granted a 3-month business stay because he was my sponsor. I’m now back in Philippines, and he’s coming to visit me next April. We’re planning to return to Australia together.

    I’ve read from previous posts that it’s possible to get married in Australia while I’m on a tourist visa, but I want to ask :

    1) What visa type do I need to apply for to extend my stay (after we get married)? Still tourist visa, or Spouse visa? And

    2) if I apply for Fiancé visa or Spouse visa, do I need to return to Philippines and wait while this is processed?

    3) on average, how long do Fiancé visas and Spouse visas take before getting approved (considering payment was made and documents were all in order)?

    Thank you very much for your time and attention. Your response would be greatly appreciated.

    Reply
    • Jeff Harvie

      This isn’t the place to answer something like this, Xinvon. I suggest you spend 5 minutes and complete one of our free online visa assessment forms. Look for the link in the top right of our website. I can answer all of your questions there and then.

      Reply
  22. Steve M

    Hi Jeff, I have been chatting online with a lady of 54 years living in china and she would like to come to Australia to visit, meet and have a holiday and get to know each other and if that goes well get married. Can she just come out on a tourist visa?
    Thanks

    Reply
    • Jeff Harvie

      She may apply to visit on a tourist visa, yes. And yes she may marry you. Just be aware that you need to apply for a partner visa if you wish her to remain in Australia.

      Reply
      • Akit

        Hello Jeff, i am here in Australia now with a tourist visa. My partner is an Australian Citizen and we lodged our intent to marry next month. If ever, can he request for my longer stay after marriage? Since I can only stay no longer than 3 months. Thank you.

        Reply
        • Jeff Harvie

          It is normally possible to apply inside Australia for an onshore tourist visa to extend your stay

          Reply
  23. Richelle Seiler

    Hi Jeff
    I married already to the australian citizen and permanent resident so,i would like to hear your advise here im still a tourist visa that will expired on june 2019 so i did not yet applied a partner visa and i will go home in philippines on February so my question is there is a possible that i can go back here in australi as a tourist visa?

    Reply
    • Jeff Harvie

      Of course you can go back if your tourist visa is still valid. Getting married doesn’t cancel a tourist visa. But be aware that marrying doesn’t give you an automatic right to stay. You will need a partner visa to do this.

      Reply
  24. Mohammed Wasim

    Hi Jeff,
    My Fiance is in Australia on a student visa and I’m in India.

    Can i visit Australia on tourist visa and can get married in Australia?

    If yes, can i apply for dependant visa after marriage?

    Reply
    • Jeff Harvie

      I don’t deal with student visas, sorry

      Reply
  25. Harrison

    Im a Nigerian, 21 and planning to visit my gf in Australia and get married.
    If we wanting to apply for a partner visa in Australia to extend my stay before getting married,
    Can my partner visa be denied if my Australian GF is older than me?

    Reply
    • Jeff Harvie

      No, that’s not grounds for a partner visa to be refused

      Reply
  26. Terri Cole

    I was married to an Australian on a visitor Visa and we’re now separated. I’m a US citizen. We want to divorce. Is our marriage legal since it want done with a fiancee Visa? We’re hoping its not. Can we get an annulment or do we have to divorce? The marriage was only for 4 months before be separated and only lived together for 2 months

    Reply
    • Jeff Harvie

      A legal marriage is a legal marriage. It’s not a lesser-marriage because it was done on a prospective marriage visa. You should seek the assistance of a lawyer who specialises in Family Law.

      Reply
  27. Mari

    if I apply for Dependent visa or Spouse visa, do I need to return to Philippines and wait while this is processed?

    Reply
    • Jeff Harvie

      It depends on whether you apply for an onshore partner visa or an offshore partner visa.

      Reply
  28. cha

    hi, Jeff. how to contact you personally?

    Reply
    • Jeff Harvie

      Please use the Contact Form or the Assessment Form on the website, Chary

      Reply
  29. Ash

    Hi, Jeff, I am an Australian Citizen If I married an Australian visitor visa holder in Australia, He or she needs to go back to own country or can we lodge an onshore application for a partner visa and she or he can stay in Australia?

    Reply
    • Jeff Harvie

      You can lodge an onshore visa IF you otherwise qualify, and IF you’re ready. And IF the tourist visa has no restrictions preventing applying onshore. I would strongly suggest getting a free visa assessment done. The link is on this article.

      Reply
  30. Allan

    Hi Jeff.

    I’m a Australian Citizen. I have met a filipino girl online. She has a tourist visa and passport and wants to come here for the first time. Can we marry on that visa ? How can she stay here fulltime ?

    Thank you

    Reply
      • Lerma

        Hi Jeff I am a Filipina who works here in Taiwan and I met a Australian men online and we are planning to apply for visitor visa then get married and then apply for partners visa is that possible? Thank you so much ?? Hope you can help me out

        Reply

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