Marriage after partner visa lodgement is common for de facto applicants, but many couples worry whether it could affect their ongoing visa application.
You’ve applied for a partner visa as a de facto couple, and now you’ve gotten married — congratulations! But does getting married after lodging your partner visa application cause any problems? Many couples ask this question, and the answer depends on your specific circumstances.
The Short Answer
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If you met the 12-month de facto requirement when you applied, marrying after lodgement usually does not create a problem. You simply need to notify the Department of Home Affairs about the change in circumstances by submitting a Form 1022 (Notification of Changes in Circumstances) along with a copy of your marriage certificate.
Why Do Some Case Officers Raise Concerns?
Despite this being a well-established practice, some applicants have received section 56 requests (requests for further information) from case officers that seem to question the validity of the application after a marriage has taken place. For example, a case officer might request evidence that the applicant and sponsor are “not validly married” — which can be confusing when you’ve just gotten married.
In most cases, officers use a standard template that does not reflect the updated marriage. Respond by submitting your marriage certificate and clearly explaining your relationship timeline.
What About Registered Relationships Under 12 Months?
The situation can be slightly different if the original application was lodged on the basis of a registered relationship that was less than 12 months old. In this scenario, the applicant relied on the relationship registration (rather than 12 months of cohabitation) to meet the de facto relationship requirements.
If you later marry, the Department will reassess you as a married couple. According to experienced migration professionals, this transition is generally accepted, but it’s important to clearly document the timeline and notify the Department promptly.
Why Clear Notification Matters
When marriage after partner visa lodgement occurs, the key issue is transparency. The Department expects applicants to notify changes promptly. Failing to update your status could delay processing or trigger unnecessary information requests.
Steps to Take If You Get Married After Lodging
- Submit a Form 1022: Notify the Department of the change in your relationship status as soon as possible after the marriage.
- Provide your marriage certificate: Include a certified copy of your marriage certificate with the notification.
- Update your relationship evidence: Consider providing updated statutory declarations and any additional evidence that reflects your married relationship.
- Don’t panic about section 56 requests: If you receive a request for information that seems inconsistent with your situation, respond thoroughly and explain the timeline of your relationship progression from de facto to married.
The Key Principle
The Department assesses your relationship at the time of decision, not just at the time of application. This means that if your relationship has progressed from de facto to married, the case officer should assess your current relationship status. Case officers usually treat marriage as strong evidence of a genuine and continuing relationship.
In most cases, marriage after partner visa lodgement strengthens the evidence of a genuine and continuing relationship rather than weakening the application.
If you’re planning to get married after lodging your partner visa application, or if you’ve already done so and are unsure about the next steps, professional guidance can help ensure everything is handled correctly.
Our onshore partner visa support covers preparing the application and managing changes while it is being assessed.
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents for advice tailored to your specific situation.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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