Prospective Marriage Visa and Notice of Intention to Marry

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Visa News 27 July, 2020

Heenan & Browne Visa and Migration Services receive a lot of questions from our Prospective Marriage Visa clients relating to a Notice of Intention to Marry (NOIM). This is not surprising, as it is a confusing area for people who do not work in the area. The most common questions are ‘What is a NOIM?’, ‘How do I obtain one?’, and ‘What should be the marriage date I put on my NOIM?’. It is important to have the correct information as it could have dire consequences for your visa. This article will unpack the above questions to make the process of applying for your Prospective Marriage visa as smooth as possible

What is a Notice of Intention to Marry (NOIM)?

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Under Australian law, persons who wish to marry in Australia must lodge a Notice of Intention to marry (NOIM) with the celebrant who will be conducting the marriage ceremony. The NOIM is valid for up to 18 months.

Prospective applicants should be mindful when requesting a NOIM not to choose a marriage date that would take place before the visa is granted. As per the visa requirements, the marriage is to take place only after the visa is granted. It is important to make sure you understand that the Prospective Marriage visa holder must be unmarried on the first entry to Australia.

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What should be the marriage date on my NOIM?

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The marriage date must be within the visa grant period. Visa processing times however vary between posts. When setting the ceremony date, the couple should take into account that the processing times for the Subclass 300 visa range from 16 to 18 months. It is important to note, if your marriage date does not fall within the appropriate periods, the visa regulation that requires the applicant to establish that ‘the marriage is intended … to take place within the visa period’ cannot be satisfied. Given the uncertainty of visa processing times and general increased delays in visa processing, what you could do is to ask your celebrant to provide you with a NOIM that gives a date range rather than a specific date.

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How do I obtain a NOIM?

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Below is the list of persons who can witness NOIMs in Australia:

• Authorised celebrants

• Commissioners for Declarations under the Statutory Declarations Act 1959

• Justices of the peace

• Legally qualified medical practitioners or

• Members of the Australian Federal Police or state/territory police forces.

Persons who can witness NOIMs outside Australia include:

• Australian diplomatic officers

• Australian consular officers

• Notaries public

• Employees of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955

• Employees of the Australian Trade Commission authorised under paragraph 3(c) of the Consular Fees Act 1955.

• There are several officers in each Australian Embassy, High Commission or Consulate who can witness such documents under the Consular Fees Act 1955.

Heenan and Browne Visa and Migration Services can assist you, your marriage celebrant or another authorised person with information on the requirements and wording for NOIM that will satisfy your Prospective Marriage Visa requirements.

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To arrange a consultation with one of our award-winning Registered Migration Agents, please call our office on 0490 324416 or send us an email at [email protected]