There are a few ‘entry related’ visa conditions that you should be aware of if you have obtained your visa whilst outside Australia. In this article we will discuss Condition 8515 “must not marry”.
Read: Condition 8502 “must not enter Australia before specified person”
Read: Condition 8504 “initial entry date”
Condition 8515 “Must not marry or enter into a de facto relationship before entering Australia” is a discretionary condition, but is generally attached to permanent visas of holders who are of marriageable age but not married, so please check your visa grant notice to see if this is relevant to you. Now this visa condition seems harsh. After all, it can be difficult to control matters of the heart. It doesn’t literally mean that you cannot have a relationship at all, but depending on how the visa holder with Condition 8514 attached obtained their visa, they may have their visa cancelled, or may need to reapply for a visa to include their partner.
Married or entered into a de facto relationship before initial entry into Australia
First of all, if you do marry or enter into a de facto relationship and you have Condition 8515 on your visa, please do not try to conceal the matter. Notify the DOHA. If the DOHA discovers that you have failed to notify them of your change in circumstances, your visa is liable to be cancelled.
In the case where a visa holder with Condition 8514 attached has attained their visa as a secondary applicant (dependent child, spouse or de facto partner), their entering into a committed relationship changes their relationship to the main applicant, which renders their basis on having attained their visa no longer relevant. For example, a dependent child who married or enters a de facto relationship can no longer be considered a dependent child, and a partner who marries or entered a de facto relationship with someone other than the main applicant has dissolved their relationship with the main applicant. It is likely in such a situation, that the visa will be cancelled.
If the visa holder was the main applicant and has satisfied all the primary criteria for the grant of their visa, they have two options. They may choose to reapply for their visa with their new partner as the secondary applicant, or they may make a separate Partner visa application. The latter option may not be very appealing – applying for a Partner visa whilst your partner is outside of Australia will mean they will need to wait outside of Australia until the grant of the visa. The current processing time as given by the Department of Home Affairs (DOHA) sits at around 2 years. That is a very long time to be away from your partner. Alternatively, your partner may travel to Australia to apply whilst in Australia, where they will be given a bridging visa which will allow them to stay in Australia until the time of visa decision. This however, may be a gamble, as your partner may have a Condition 8503 “No further stay” attached to their visitor visa, which will not allow them to apply for a Partner visa onshore.
Married or entered into a de facto relationship with an Australian permanent resident or citizen
In the case where you have Condition 8515 attached and you have married or entered into a de facto relationship with an Australian permanent resident or citizen, please do not ignore Condition 8515 thinking that there is no cause for the DOHA to worry about another migrating partner. You will still be in breach of your condition.
Notify the DOHA and they will facilitate your travel into Australia.
Read: Facilitated travel where an entry related condition is (to be) breached
When and how do you go about getting your partner to Australia without being in breach of Condition 8515? Need advice about the Partner visa? Consult the professionals and get the best advice on how to get your partner to Australia quickly and painlessly.
Read: An introduction to partner visas
Read: Prospective Marriage Visa (Subclass 300)