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IMMIGRATION/VISA WEDDING: $425.00
PLUS IMMIGRATION PAPERWORK: $75.00 |
If you are contemplating marriage to a person from another country who does not hold Australian residency or citizenship, and you want that person to be able to live here in Australia with you, you will need to apply to the Immigration Department to enable your partner to gain entry to Australia to marry.
There are many different types of visas that can be applied for, and if you apply for the wrong sort of visa you will have little chance of rectifying it down the track. This in turn could affect the ability of your foreign partner to come to Australia or to stay in Australia if he/she is already here on a tourist, study or other type of entry visa. For this reason, I highly recommend that you consult a registered migration professional for advice about your personal situation before you and your partner do anything. Migration professionals have tertiary legal qualifications and have met the stringent requirements for practicing in the migration field, so consulting one might cost you some money - but it will certainly prevent you from the heartache of starting out on the wrong foot and paying for that mistake later.
The visa many couples seek is a Prospective Spouse Visa, sometimes called a Fiance Visa. There are particular requirements that you must fulfil when seeking this visa, and it involves working with a marriage celebrant. As part of this process, I will:
· meet with one or both parties to complete the Notice of Intended Marriage and seek legal identity/no impediment to marry documentation (NB. one person living here in Australia can lodge initially, with the other person completing the form when they enter the country)
· provide the client with:
o a photocopy of the Notice of Intended Marriage (the original document must remain with me as it is required to register the marriage in accordance with Section 50 (4)(a)(i) of the Marriage Act 1961); and
o a letter to Immigration indicating availability to solemnise the marriage
· provide further information to Immigration at a later date, if requested
· provide written confirmation to Immigration that the wedding has taken place
· provide the clients with the necessary form for them to obtain a Certified Copy of the Marriage Certificate from the Registry of Births, Deaths and Marriages after the marriage has been registered.
Once approval is given for the fiance to enter Australia to marry, the couple can then commence their wedding preparations. Most PSVs require the marriage to take place within 9 months of the visa-holder entering Australia, and so it is important for the clients to ensure the marriage does take place within that time or the visa-holder may then be in breach of their visa conditions and be asked to leave.
Where I am required to work with an interpreter, I will contact the couple's chosen interpreter prior to the ceremony and provide a copy of the proposed ceremony so that the interpreter can prepare sufficiently before the event. Where necessary, the interpreter must explain the marriage documents to the non-English speaking party/parties immediately before the wedding so they fully understand what it is they are signing as part of the marriage ceremony. The interpreter must also sign specific paperwork to be submitted to the Registry of Births, Deaths and Marriages when the marriage is registered.
Once the wedding has taken place, the couple need to obtain a Registered Copy of the Marriage Certificate from the Registry of Births, Deaths and Marriages, which must be provided to the Immigration Department with my confirmation letter.
Should you require the assistance of a migration professional, you can find an agent close to you by consulting the list of registered migration agents maintained by the following professional regulatory body:
The Migration Registration Authority
Phone 02 9299 8448 (international - 61 2 9299 8448)
http://www.themara.com.au/
Should you require an interpreter for your wedding ceremony, you can search for a local-area interpreter via the website for the National Accreditation Authority for Translators and Interpreters (NAATI) Ltd, at http://www.naati.com.au/.
Couples Please Note:
· Preparing immigration paperwork is a duty that is outside the normal range of duties for the average wedding, and so you can expect to pay an additional fee for this to be undertaken by your celebrant
· My fee for this additional service is $75.00
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IMPORTANT NOTES ABOUT
FOREIGN-LANGUAGE SPEAKING PERSONS AND THE ENGLISH-LANGUAGE MARRIAGE CEREMONY
If you are an Australian citizen or resident and your partner does not speak English fluently enough to understand their obligations in participating in a marriage ceremony (including the reading/signing of legal documentation and the legal marriage vows they must publicly declare), then an interpreter must be present at the ceremony to assist that person to understand appropriately.
Celebrants who conduct ceremonies in English without an interpreter for the party/ies to the marriage who are not fluent in English are not meeting their legal obligations and the validity of the marriage is questionable. This is also highly unethical professional practice.
Clients cannot bully celebrants into conducting a marriage ceremony without an interpreter when one clearly is required for the non-English speaking party to the marriage to understand what is taking place. In such situations, questions arise about the motivations of persons wishing to marry in a ceremony where their partner cannot understand what is happening. Clients who attempt to circumvent working with an interpreter where one is required could find themselves without a marriage celebrant, and reported to the Registry of Births, Deaths and Marriages, the organisation with ultimate responsibility for registering marriages and armed with the power to refuse to register a marriage if there are questions about the validity of said marriage.
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