Can we still marry if my partner has an expired visa?

Question Asked: 13/10/2017

Wedding Date: 9/08/2018

Most Helpful Response

Kaye Hartog

(2) · Adelaide and Surrounds

Posted: 8/02/2018

you certainly can, Immigration status has no bearing on the right to marry. It is always a good idea to check with the Immigration Dept or a Migration agent. 

Answered by: 9 Experts

Sort by:

Treasured Ceremonies

(18) · Byron Bay to Ballina , North Coast NSW and Gold Coast QLD

Posted: 9/11/2017

Yes you can, there is no requirement in the marriage act to check visa status

however getting married is not an automatic right to a visa and you need to check with an immigration agent 

Sabine Erika Marriage Celebrant

(1) · Penrith/Blue Mountains

Posted: 8/11/2017

Not really

Ashley Truscott Marriage Celebrant

(2) · Perth, Rockingham, Bunbury, Margaret River, Mandurah, Peel Region

Posted: 22/10/2017

You certainly can, provided all proof of date and place of birth and photo ID are shown, with no legal impediments to marriage then you are free to marry.

However, I do caution, that persons in the Australian community must be on a valid visa otherwise, with an expired visa they're an illegal non citizen and by law, are required to be in immigration detention. Best for your partner to contact immigration immediately and obtain a bridging visa before immigration contacts them which may cause problems for your wedding plans.

Worst case scenario, you don't want to be at the altar giving your vows and immigration burst in to detain your partner, that would be tragic and something you want to avoid.

Ashley Truscott

CMC

Lee Halligan - Celebrant

(15) · Perth & Surrounding Areas (Other Areas By Arrangement)

Posted: 13/10/2017

yes.  Celebrants do not get involved in issues relating to immigration.  As long as you both provide all the documentation and you are not married to someone else you can get married.  However you do need to speak to the immigration dept.  cheers Lee

Celebrant Sue

(20) · Gold Coast and surrounds

Posted: 13/10/2017

While a celebrant can still marry you and your partner (with an expired visa), you need to seek legal advice regarding your partner's visa status immediately.

Blue Mountains Celebrant - Phil Timbrell Happyday Celebrant

(18) · Blue Mountains Exclusively

Posted: 13/10/2017

If your partner is over 18 years of age and can prove his or her identity then I can marry that person if they are not validly married and are not related and know of no other reason why they cannot marry. 

So the partner has to have a valid or non cancelled recent passport showing place and date of birth and one other form of identification such as an original birth certificate or driver's license. 

Matters such as expired visas are not the domain of a marriage celebrant.

Thank you

Greentree Ceremonies - Philip Greentree

(7) · Hunter Vineyards | Port Stephens | Newcastle | Lake Macquarie | Central Coast, Sydney & Elsewhere by

Posted: 13/10/2017

Yes. Imigration status has no bearing on the right to marry.

Amanda - Marriage Celebrant

(30) · Adelaide and Regional South Australia

Posted: 13/10/2017

You sure can. The visa status of either of the parties wishing to be married is of no relevance to the celebrant. However you will need to speak to the Department of Immigration and Border Protection and or a Migration Agent for advice on the impact (if any) that getting married will have on future visa options. I can tell you having previously worked for immigration that getting married does not guarantee a visa. All it does it demonstrate that you are married.

Have a look at my profile if you would like me to officiate at your wedding. I offer everything from fully customised wedding ceremonies called a Bespoke Wedding down to Just the Legals which is simply the legal paperwork and reciting of some words to get you married (quick and easy, no ceremony involved)

Didn't find what you were looking for? Ask your own question and we'll have our experts answer it.

Ask a question