How To Apply For An On-shore Partner Visa To Australia Subclass 820?
This visa is for the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen planning to apply while in Australia. A Spouse Visa may be suitable for you if you are currently in a relationship with an Australian citizen or Australian permanent resident, or an eligible New Zealand citizen and hope to live in Australia with your partner.
To be eligible, all applicants must prove that their relationship is genuine and continuing. Financial commitment, social acceptance, emotional support and the nature of the household are ways of demonstrating this. Applicants who are in a long-term relationship will often receive their visa approvals for the 820 and 801 at the same time.
To apply for Spouse Visa to Australia you will need:
-
- Joint financial aspects of the relationship.
- Join the nature of the household arrangement.
- The social aspects of the relationship.
- The nature of the couple’s commitment to one another.
Partner/Spouse Visa (Temporary) Subclass 820
This visa is the first step towards a permanent Partner visa (subclass 801). You will be able to work and study while you hold this visa. You will also have access to Medicare.
Partner/Spouse Visa (Permanent) Subclass 801
For more comprehensive information regarding Australian FamilyVisas, contact one of our expert agents at 1300 10 50 50 or email us here.
NOIM – Notification of intention to marry.
In some occasions, you may have to apply for a Notification of Intention to Marry (NOIM). For example, it is required for the 300 Engagement visa. Each state in Australia has different requirements. You can find the suitable document for the 300 Engagement visa below.
This is what you will need to do:
- complete and lodge your notice of intended marriage application form with your registered celebrant, at least 1 month (or up to 18 months) before you get married
- discuss with your registered celebrant what they need to see—your identity and eligibility documents
- participate in a legal wedding ceremony under the Marriage Act 1961.
After your wedding ceremony your registered celebrant is responsible for registering your marriage on your behalf.
https://www.nsw.gov.au/sites/default/files/2021-09/New-notice-of-intended-marriage.PDF
Eligibility
Marriageable age
- The marriageable age is 18 years. If a person, not yet 18, wishes to marry prior to their 18th birthday, only a court empowered to give a ‘Section 12’ order can give authority for the marriage to be solemnised.
- 2 persons aged under 18 years are not permitted to marry each other.
- A Notice Of Intended Marriage may be lodged prior to the 18th birthday, as long as the marriage occurs after the birthday.
Evidence of age
- Both parties are required to provide the marriage celebrant with proof of age. If born in Australia, a full Australian birth certificate (not a commemorative certificate) must be provided. If born overseas, a foreign birth certificate or a valid overseas passport will be accepted. If these are in another language, they must be translated into English by an authorised interpreter/translation service.
- If you’re unable to comply, please contact your marriage celebrant.
Previous marriages
- If either party has been previously married, you must provide the marriage celebrant with evidence of the termination with either a divorce certificate (if divorced) or a full death certificate (if widowed). Certificates in a foreign language must be translated into English by an authorised interpreter/translation service.
- Photocopies are not accepted.
What you need
- personal and contact details for both parties
- personal details of both parties’ parents
- proof of age and marital status for each party
- details of previous marriage(s) (if applicable)
- details of children from previous marriage(s) (if applicable)
- an authorised celebrant to complete the relevant section of the form.
Victoria – https://www.bdm.vic.gov.au/marriages-and-relationships/lodge-a-notice-of-intended-marriage-noim
1. Get a NOIM form
You can get a NOIM:
- From the celebrant, minister or registrar who’ll be performing your marriage
- Download the NOIM form (External link) from the Attorney General’s website
2. Complete the form
On the NOIM, you’ll be asked to fill in your conjugal status to show whether you’ve been married before. Fill in your status as:
Never validly married: if you’ve never been married or your marriage was annulled. (Don’t use ‘single’ as it doesn’t indicate whether you’ve been married before.)
Divorced: if you’ve been married and divorced.
Divorce pending: if you have commenced divorce proceedings to end your marriage.
Widowed: if you’ve been married and your spouse passed away.
Witnesses
Please refer to Page 4 of the NOIM for details on who can witness your NOIM
The NOIM must be signed in the physical presence of an authorised witness. Download the NOIM form (External link) to check who can be a witness.
3. Lodge the form
Lodge the form:
- With the celebrant, minister or registrar who’ll perform the marriage
- At least one month before your wedding
- Up to 18 months before your wedding.
Lodging your NOIM less than a month before your wedding
Under limited, exceptional circumstances, you may be able to marry less than one month after lodging your NOIM.
To do this, you need to apply to shorten the notice period. A $57.20 assessment fee applies, which is non-refundable even if the shortening isn’t granted.
You can apply to:
- The Registry of Births, Deaths and Marriages Victoria (BDM)
- Registrars and deputy registrars at major regional Victorian courts.
To apply to BDM, you need to:
- Have already lodged a NOIM with your celebrant (or are lodging it with the Victorian Marriage Registry).
- Provide your original signed NOIM and supporting documents, as sighted by your celebrant
- Meet one of the exceptional circumstances (External link)
- Complete a Notice shortening application form, which includes a statutory declaration explaining your reason(s) for applying.
- Provide documents as evidence to support your application, and
- Provide a signed letter from your celebrant, confirming they’re willing and available to perform your marriage on your chosen date if the shortening is granted.
You’ll need to provide details about both parties and upload scans of original documents as supporting evidence. We’ll then email you a notice of intended marriage to sign and upload. A notice of intended marriage is not officially lodged until the signed notice has been uploaded.
You don’t have to complete the online form in one go, you can save the form and carry on where you left off for up to 48 hours.
Marriage in Australia is the union of two people to the exclusion of all others, voluntarily entered into for life.
To be married in Australia couples must:
- not be married to someone else
- not be marrying a parent, grandparent, child, grandchild or sibling
- be at least eighteen years old, unless a court has approved a marriage where one party is aged between sixteen and eighteen years old
- understand what marriage means and freely consent to marrying
- lodge a Notice of Intended Marriage form with an authorised marriage celebrant or minister of religion at least one month prior to the intended date of marriage
- provide their original birth certificate or passport
- provide two witnesses over the age of 18 years to witness their marriage ceremony.
If either party has been previously married, a divorce certificate or death certificate of the previous spouse is required. All foreign language documents must be officially translated to English.
To find an authorised marriage celebrant refer to the list of Civil Celebrants or Ministers of Religion.
Once the marriage ceremony has taken place, the authorised marriage celebrant has 14 days to submit required marriage documents to the Registry of Births, Deaths and Marriages to enable registration of the marriage. Once the marriage has been registered couples can apply to the registry for their legal marriage certificate.
Further information about marriage in Australia can be found on the Commonwealth Attorney-General’s Department website.
You can get married in the marriage room at the Births, Deaths and Marriages offices in either:
- Darwin from Monday to Thursday, 8:30am to 3:30pm and Fridays 2pm to 3:30pm
- Alice Springs from Monday to Friday, 8:30am to 3:30pm.
You must bring two witnesses over 18 years old on the day of the ceremony.
How to arrange a registry office ceremony
To arrange a registry office ceremony, follow these steps:
Step 1. Fill in and submit a notice of intended marriage form at a Births, Deaths and Marriages office.
You can get the form from an office or on the Australian Government Attorney-General’s Department website.
You must use the new forms made available since 9 December 2017. Older forms should no longer be used.
You must submit the form at least 31 days before the intended date of marriage.
Step 2. Organise a time and date for your ceremony with the registry office celebrant.
Step 3. Provide your identity and marital status documents as listed below.
Step 4. Pay the fee to submit a notice of intended marriage form as listed below.
Identity and marital status documents
You must provide all of the following at least one week before the ceremony:
- original birth certificates
- current photo identification
- documents proving any name changes
- an Australian or overseas passport showing the date and place of birth
- if you have been divorced or widowed, you must provide an original divorce or death certificate.
Fees for a registry office ceremony
Fees for a registry office ceremony include:
- a non-refundable lodgement fee, which must be paid with the notice of intended marriage form
- a marriage certificate fee which must be paid one week before the date of your ceremony.
Find out more about marriage fees.
If you want to cancel your marriage, you must give 14 days’ notice before the ceremony date to be refunded the marriage ceremony fee.
Ceremony day
With physical distance measures, you can only have up to 4 guests at your ceremony.
You and your guests should report to the front counter at least 15 minutes before the time you are booked. If any of your guests are running late, let the staff know at the front counter.
Getting married
Choosing a marriage celebrant
An authorised minister of religion or a civil marriage celebrant can perform your marriage ceremony. Contact details are listed on the Commonwealth Attorney General’s website.
Notice of intended marriage
To be married in Tasmania, or any other Australian State or Territory, you need to complete a Notice of Intended Marriage form. This is available from the marriage celebrant who you choose to perform your marriage ceremony. You can also download the form from the Commonwealth Attorney General’s website.
You must lodge the Notice of Intended Marriage form with the proposed celebrant at least one calender month before the date you are planning to marry. You and your partner also need to provide the marriage celebrant with:
- Evidence of date and place of birth and proof of identity.
- Evidence of the termination of any previous marriages in the form of a decree absolute, if divorced, or a full death certificate if widowed.
- Any other information the celebrant may require. Your celebrant may also ask you to complete a statutory declaration to support your evidence.
After the ceremony has taken place and your celebrant has lodged the registration documents with Births, Deaths and Marriages, you can apply for a certified copy of your marriage certificate.
Marriage overseas
If you are planning to marry overseas we advise you contact the Department of Foreign Affairs and Trade (external link).
Marriage equality
You can find the latest information about marriage equality and the new marriage forms on the Commonwealth Attorney-General’s website (external link).