If you are married to an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible to apply for Australian citizenship under family law.
While marriage alone does not automatically grant you citizenship, it can make you eligible for a visa pathway that leads to permanent residency and, eventually, citizenship.
Understanding the Pathway to Australian Citizenship by Marriage
Being married to an Australian citizen does not mean you can bypass standard immigration processes. Instead, you will need to follow a visa pathway that eventually leads to citizenship.
Step 1: Apply for a Partner Visa
Your journey typically begins with a Partner Visa (Subclass 820/801) if you are applying from within Australia or a Partner Visa (Subclass 309/100) if applying from overseas.
- The temporary visa (Subclass 820 or 309) allows you to live in Australia while your permanent visa is processed.
- The permanent visa (Subclass 801 or 100) is granted once you demonstrate an ongoing relationship.
Key takeaway: Obtaining a Partner Visa is the first major step toward achieving Australian citizenship by marriage.
Step 2: Meeting Relationship Requirements
To qualify for a Partner Visa, you must provide evidence that your relationship is genuine and continuing. This includes:
- Joint financial records (e.g., shared bank accounts, bills)
- Proof of living together or spending significant time together
- Statements from friends and family supporting your relationship
- Evidence of social activities as a couple
Key takeaway: Strong, clear documentation of your relationship will improve your chances of visa approval.
Step 3: The Permanent Partner Visa
After holding your temporary Partner Visa for at least two years, you can apply for a permanent Partner Visa (Subclass 801 or 100). This visa grants you permanent residency in Australia, an important step toward citizenship.
Key takeaway: The permanent Partner Visa establishes your right to stay in Australia indefinitely.
Step 4: Eligibility for Australian Citizenship
Once you have been a permanent resident for 12 months and have lived in Australia for at least four years in total, you may be eligible to apply for Australian citizenship.
Additional criteria include:
- Demonstrating good character
- Passing a citizenship test
- Showing your commitment to living in Australia
Key takeaway: Meeting residency and character requirements is just as important as your marriage in the citizenship process.
Need a Lawyer?
Documents Required for the Partner Visa Application
When applying for a Partner Visa, you will need to provide:
- Your marriage certificate (or proof of a de facto relationship)
- Identity documents (passport, birth certificate)
- Proof of financial ties (e.g., shared assets)
- Evidence of living arrangements
- Statutory declarations from witnesses
Key takeaway: Submitting a well-organised set of documents can speed up your application process.
Costs and Processing Time
The Partner Visa application fee is currently AUD 8,850 (as of 2024). Processing times can vary:
- Temporary Partner Visa: 12 to 24 months
- Permanent Partner Visa: An additional 12 months after your initial visa is approved
Key takeaway: Budgeting for the visa fee and understanding the timeline can help you manage expectations.
Can You Stay in Australia While Waiting for Your Visa?
If you are applying for the Partner Visa onshore (Subclass 820/801), you can stay in Australia on a bridging visa while your application is processed.
This bridging visa generally allows you to:
- Work in Australia
- Access Medicare services
- Travel overseas with certain conditions
Key takeaway: The bridging visa ensures you can maintain stability in Australia during the waiting period.
Common Mistakes to Avoid
Many applicants face delays or rejections due to common mistakes such as:
- Incomplete documentation
- Insufficient evidence of the relationship
- Failing to meet health and character requirements
Key takeaway: Double-checking your documents and seeking professional advice can help avoid setbacks.
Benefits of Australian Citizenship
Once you are an Australian citizen, you can enjoy benefits such as:
- The right to vote in federal and state elections
- Access to government support services
- An Australian passport with greater travel freedom
- Protection and assistance from Australian embassies while overseas
Although Australian citizenship by marriage is not automatic, it is achievable with the right steps. By applying for the appropriate visa, meeting residency requirements, and preparing well-documented evidence of your relationship, you can successfully complete your journey to becoming an Australian citizen.
