Australian Tourist Visa - Can We Get Married On A Tourist Visa?

[HazyAz]

Is it possible for a Thai woman to get married in Australia on her tourist visa?

Any assistance would be most appreicated.

Cheers

Az

[Wallaby]

I don't know what would stop you from getting married anytime anywhere.

But if you are asking if you can get married and apply for a further visa whilst in oz then that's a different matter and I would think not. The tourist visa probably has a 'no further stay' option.

So whilst you can get married she'll still have to leave the country to apply for any further visas.

Just my 2 cents worth anyway.

[gburns57au]

Yes she can, so long as she satisfies the normal legal requirements for any marriage in Oz.

[David48]

BUT ... before you actually do this (get married in Australia), maybe read a few of the threads here from those who have walked down the isle before you ...

If you have:-

1. Known each other less then 1 year
   
2. Her first or second trip to Australia
   
3. Never stayed with her (living under the same roof) for more then 3 months
   
4. Only a modest understanding of Thai Culture
   

Then please stop right now!

Not saying that this lady is not the love of your life, but most people would not marry on a Tourist Visa because this does show a brevity of a relationship.

Getting Married in Thailand is a far more sensible idea.

Apologies for an off topic reply but there are many men here who wish thay had received an email like this before they married in haste and repented in leisure.

I might be wrong though ...

[gburns57au]

BUT ... before you actually do this (get married in Australia), maybe read a few of the threads here from those who have walked down the isle before you ...

http://www.thaivisa....more-equitable/

http://www.thaivisa....6234-thai-wife/

http://www.thaivisa....ist-in-bangkok/

http://www.thaivisa....-get-a-divorce/

http://www.thaivisa....ng-a-thai-girl/

If you have:-

1. Known each other less then 1 year
   
2. Her first or second trip to Australia
   
3. Never stayed with her (living under the same roof) for more then 3 months
   
4. Only a modest understanding of Thai Culture
   

Then please stop right now!

Not saying that this lady is not the love of your life, but most people would not marry on a Tourist Visa because this does show a brevity of a relationship.

Getting Married in Thailand is a far more sensible idea.

Apologies for an off topic reply but there are many men here who wish thay had received an email like this before they married in haste and repented in leisure.

I might be wrong though ...

I married my wife in Oz on her fourth tourist (over 18 months) visit here, Numerous friends have done the similar.

the OP didnt say first visa and if thats the case I would probably agree with you David48....but if his lady has done a few trips then there shouldnt be a problem.

[David48]

I married my wife in Oz on her fourth tourist (over 18 months) visit here, Numerous friends have done the similar.

the OP didnt say first visa and if thats the case I would probably agree with you David48....but if his lady has done a few trips then there shouldnt be a problem.

I didn't actually say "1st Visa" either but let's not quibble over semantics.

YOU married after/during the 4th visit ... now that is sensible.

May I ask why you chose to tie the knot in Australia instead of Thailand (assuming that your wife is Thai)?

And did you consider/complete a pre-nup? If not ... why not?

If you don't wish to reply in the public Forum then please PM me.

Thanks in Advance

David 48

[gburns57au]

I married my wife in Oz on her fourth tourist (over 18 months) visit here, Numerous friends have done the similar.

the OP didnt say first visa and if thats the case I would probably agree with you David48....but if his lady has done a few trips then there shouldnt be a problem.

I didn't actually say "1st Visa" either but let's not quibble over semantics.

YOU married after/during the 4th visit ... now that is sensible.

May I ask why you chose to tie the knot in Australia instead of Thailand (assuming that your wife is Thai)?

And did you consider/complete a pre-nup? If not ... why not?

If you don't wish to reply in the public Forum then please PM me.

Thanks in Advance

David 48

My wife is indeed from Thailand.

I am not rich enough to even consider a pre nup. besides we met in 2004 married in 07, I figured that we knew each other well enough by then to work out she wasnt with me cos of money.

The plan was to marry in Oz then again in Thailand however due to my becoming seriously ill the Thai side was not completed.

I think also that as I have been going to Thailand since 1993 and having had a few unsuccessful relationships that I learnt over time what to look for in a Thai girl and one of the first things was a forward thinking future orientated person. Learning to read, write and speak the lingo helps as well as a basic understanding of Thai culture.

I believe that too many guys go way too fast with Thai relationships as I did at first, Get to know the girls over time, try and learn to at least speak a bit of Thai and learn about their culture before getting in too deep.

[trivo]

Hi Az

2007 i went to Thailand nongkhai district to meet a girl i found on the internet and after we decided we were compatible we applied for a tourist visa for her in Thailand to come to Oz and told immigration she was coming to see if she liked Oz and we intended to marry here, it was granted 3 months (there was NOT a no further stay condition) we married 2 months later and applied for a spousal visa. the immigration in Oz were great if you follow the rules she got her permanent stay visa 2 years after the application. Now we are heading back to Thailand for a few years BUT have to apply for a NEW VISA in 5 years

[GarthCatton]

Of course you can get married in Australia while your spouse is here on a tourist visa. I think the question you meant to ask was, after she marries me, can my spouse apply for a partner visa while in Australia on a tourist visa. I suggest you download the Partner Migration handbook from the Australian Immigration website. This forum won't let me post the link to the handbook, sorry. Just go to the Australia Immigration website and search for Partner Migration handbook for the free download.

I used it to get my wife's (Thai) temporary spouse visa (subclass 309) and found it was extremely helpful as I did it myself and didn't bother with any agents. We applied in Thailand, however according to the handbook your wife can apply in Australia as long as she holds a substantive visa and does not have a debt to the Australian goverment (page 13) at the time of application. A substantive visa is any visa other than a bridging visa or a Criminal Justice visa (page 6). You also have to be married and the marriage registered in Thailand, Australia or just about any country, in a defacto relationship or same sex union and prove that you are in a committed relationship etc etc. So to answer your question, Yes your spouse can apply for a partner visa while she is in Australia on a visitor visa (tourist visa). Follow the handbook and do it yourself and you'll save lots of money. Good Luck

[gburns57au]

Of course you can get married in Australia while your spouse is here on a tourist visa. I think the question you meant to ask was, after she marries me, can my spouse apply for a partner visa while in Australia on a tourist visa. I suggest you download the Partner Migration handbook from the Australian Immigration website. This forum won't let me post the link to the handbook, sorry. Just go to the Australia Immigration website and search for Partner Migration handbook for the free download.

I used it to get my wife's (Thai) temporary spouse visa (subclass 309) and found it was extremely helpful as I did it myself and didn't bother with any agents. We applied in Thailand, however according to the handbook your wife can apply in Australia as long as she holds a substantive visa and does not have a debt to the Australian goverment (page 13) at the time of application. A substantive visa is any visa other than a bridging visa or a Criminal Justice visa (page 6). You also have to be married and the marriage registered in Thailand, Australia or just about any country, in a defacto relationship or same sex union and prove that you are in a committed relationship etc etc. So to answer your question, Yes your spouse can apply for a partner visa while she is in Australia on a visitor visa (tourist visa). Follow the handbook and do it yourself and you'll save lots of money. Good Luck

That was not his question

[GarthCatton]

Of course you can get married in Australia while your spouse is here on a tourist visa. I think the question you meant to ask was, after she marries me, can my spouse apply for a partner visa while in Australia on a tourist visa. I suggest you download the Partner Migration handbook from the Australian Immigration website. This forum won't let me post the link to the handbook, sorry. Just go to the Australia Immigration website and search for Partner Migration handbook for the free download.

I used it to get my wife's (Thai) temporary spouse visa (subclass 309) and found it was extremely helpful as I did it myself and didn't bother with any agents. We applied in Thailand, however according to the handbook your wife can apply in Australia as long as she holds a substantive visa and does not have a debt to the Australian goverment (page 13) at the time of application. A substantive visa is any visa other than a bridging visa or a Criminal Justice visa (page 6). You also have to be married and the marriage registered in Thailand, Australia or just about any country, in a defacto relationship or same sex union and prove that you are in a committed relationship etc etc. So to answer your question, Yes your spouse can apply for a partner visa while she is in Australia on a visitor visa (tourist visa). Follow the handbook and do it yourself and you'll save lots of money. Good Luck

That was not his question

OK I'll make it simple. Yes it is possible for a Thai woman to get married in Australia on her tourist visa. A foreigner getting married in Australia has absolutely nothing to do with the Immigration department. Marriages are registered by the Australian state she is getting married in and are a state matter. Even if the husband to be is a foreigner, she can still get married to him in Australia. Eligibilty to marry in Australia has nothing to do with her country of citizenship, how many times she may have visited Australia, her visa or residency status. Edited August 11, 2012 by GarthCatton

[simple1]

Hi Az

2007 i went to Thailand nongkhai district to meet a girl i found on the internet and after we decided we were compatible we applied for a tourist visa for her in Thailand to come to Oz and told immigration she was coming to see if she liked Oz and we intended to marry here, it was granted 3 months (there was NOT a no further stay condition) we married 2 months later and applied for a spousal visa. the immigration in Oz were great if you follow the rules she got her permanent stay visa 2 years after the application. Now we are heading back to Thailand for a few years BUT have to apply for a NEW VISA in 5 years

Why do you have to apply for a new visa after five years if your wife has permanent residency and has lived in Australia for a minimum of two years out of five upon your return. Have you obtained the Residency Return Visa for your wife? Info below

http://www.immi.gov..../residents/155/

oops just saw the post date, but other people should be aware of the facility for a Residency Return Visa, sometimes it's overlooked and causes problems.

Edited August 11, 2012 by simple1

[Will27]

Hi Az

2007 i went to Thailand nongkhai district to meet a girl i found on the internet and after we decided we were compatible we applied for a tourist visa for her in Thailand to come to Oz and told immigration she was coming to see if she liked Oz and we intended to marry here, it was granted 3 months (there was NOT a no further stay condition) we married 2 months later and applied for a spousal visa. the immigration in Oz were great if you follow the rules she got her permanent stay visa 2 years after the application. Now we are heading back to Thailand for a few years BUT have to apply for a NEW VISA in 5 years

Why do you have to apply for a new visa after five years if your wife has permanent residency and has lived in Australia for a minimum of two years out of five upon your return. Have you obtained the Residency Return Visa for your wife? Info below

http://www.immi.gov..../residents/155/

oops just saw the post date, but other people should be aware of the facility for a Residency Return Visa, sometimes it's overlooked and causes problems.

Maybe the visa he is talking about apply for is a RRV.

Assuming his wife was granted a s/c 801 visa (permanent residence) around 2009, it will cease in 2014 so she will need to apply for a RRV.

Regards

Will

[simple1]

Hi Az

2007 i went to Thailand nongkhai district to meet a girl i found on the internet and after we decided we were compatible we applied for a tourist visa for her in Thailand to come to Oz and told immigration she was coming to see if she liked Oz and we intended to marry here, it was granted 3 months (there was NOT a no further stay condition) we married 2 months later and applied for a spousal visa. the immigration in Oz were great if you follow the rules she got her permanent stay visa 2 years after the application. Now we are heading back to Thailand for a few years BUT have to apply for a NEW VISA in 5 years

Why do you have to apply for a new visa after five years if your wife has permanent residency and has lived in Australia for a minimum of two years out of five upon your return. Have you obtained the Residency Return Visa for your wife? Info below

http://www.immi.gov..../residents/155/

oops just saw the post date, but other people should be aware of the facility for a Residency Return Visa, sometimes it's overlooked and causes problems.

Maybe the visa he is talking about apply for is a RRV.

Assuming his wife was granted a s/c 801 visa (permanent residence) around 2009, it will cease in 2014 so she will need to apply for a RRV.

Regards

Will

RRV has to be obtained prior to departing Australia

[Will27]

Hi Az

2007 i went to Thailand nongkhai district to meet a girl i found on the internet and after we decided we were compatible we applied for a tourist visa for her in Thailand to come to Oz and told immigration she was coming to see if she liked Oz and we intended to marry here, it was granted 3 months (there was NOT a no further stay condition) we married 2 months later and applied for a spousal visa. the immigration in Oz were great if you follow the rules she got her permanent stay visa 2 years after the application. Now we are heading back to Thailand for a few years BUT have to apply for a NEW VISA in 5 years

Why do you have to apply for a new visa after five years if your wife has permanent residency and has lived in Australia for a minimum of two years out of five upon your return. Have you obtained the Residency Return Visa for your wife? Info below

http://www.immi.gov..../residents/155/

oops just saw the post date, but other people should be aware of the facility for a Residency Return Visa, sometimes it's overlooked and causes problems.

Maybe the visa he is talking about apply for is a RRV.

Assuming his wife was granted a s/c 801 visa (permanent residence) around 2009, it will cease in 2014 so she will need to apply for a RRV.

Regards

Will

RRV has to be obtained prior to departing Australia

No it doesn't, you can apply from overseas and in some cases also appy online.

So in this case, she leaves for Thailand with 2 years left on her s/c 801 visa.

As it will cease while she is overseas, she can apply for a RRV from Thailand.

Regards

Will

[simple1]

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

Edited August 12, 2012 by simple1

[Will27]

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

May I suggest that you

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

You said the RRV HAS to be obtained before leaving Australia which is clearly not the case.

This is mainly for people who will be departing Austrlia for a short period of time where their

visa will cease whilst overseas.

Also from the DIAC website:

Who is this (RRV) visa for?

This visa is for you if the travel validity period of your permanent visa has expired or is about to expire.

She will be departing Australia with approx 2 years left on her s/c 801 visa.

Two years is a long time away and many things can happen.

I repeat that you CAN apply for a RRV overseas and in this case it would be the more reasonable

thing to do in my opinion.

And BTW, there is a huge difference between should and must.

Regards

Will

Edited August 12, 2012 by Will27

[simple1]

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

May I suggest that you

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

You said the RRV HAS to be obtained before leaving Australia which is clearly not the case.

This is mainly for people who will be departing Austrlia for a short period of time where their

visa will cease whilst overseas.

Also from the DIAC website:

Who is this (RRV) visa for?

This visa is for you if the travel validity period of your permanent visa has expired or is about to expire.

She will be departing Australia with approx 2 years left on her s/c 801 visa.

Two years is a long time away and many things can happen.

I repeat that you CAN apply for a RRV overseas and in this case it would be the more reasonable

thing to do in my opinion.

And BTW, there is a huge difference between should and must.

Regards

Will

Sure, big difference between should & must, but personally speaking I would always take the path of least resistance with Immigration in any country

[Will27]

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

May I suggest that you

Some visa requirements were altered as of 03/2012. Suggest you review the following from Australian immigration website:

About this Visa

Only Australian citizens have an automatic right of entry to Australia. If you hold a permanent visa you have the right to remain in Australia indefinitely, however if you choose to travel outside Australia, you must ensure you have authority to return. Generally a permanent visa will allow the holder to travel into Australia for up to five years from the date of grant.

The Resident Return visa (subclass 155) is a permanent visa for current or former Australian permanent residents and former Australian citizens. This visa will allow you to maintain or regain your status as an Australian permanent resident.

If you want to return to Australia after your current visa expires, you should apply for a visa before you leave Australia.

You said the RRV HAS to be obtained before leaving Australia which is clearly not the case.

This is mainly for people who will be departing Austrlia for a short period of time where their

visa will cease whilst overseas.

Also from the DIAC website:

Who is this (RRV) visa for?

This visa is for you if the travel validity period of your permanent visa has expired or is about to expire.

She will be departing Australia with approx 2 years left on her s/c 801 visa.

Two years is a long time away and many things can happen.

I repeat that you CAN apply for a RRV overseas and in this case it would be the more reasonable

thing to do in my opinion.

And BTW, there is a huge difference between should and must.

Regards

Will

Sure, big difference between should & must, but personally speaking I would always take the path of least resistance with Immigration in any country

True, but I seriously doubt that a new RRV would be granted with 2 years left on a permanent visa anyway.

DIAC would more than likely advise to: wait until the permanent visa is due to cease and if you're still going

to be overseas, then apply for a new RRV offshore.

If it won't, then no need to apply for a new one until you return to Australia.

So if you want to take the path of least resistance, that would be by not dealing with them at all.

Applying for a RRV with 2 years left on a permanent visa is unnecessary in my opinion.

Regards

Will

Edited August 12, 2012 by Will27