Section 243 — Offences relating to application for permanent residence because of marriage or de facto relationship
CurrentPart 2—Arrival, presence and departure of persons · Division 12—Offences etc. in relation to entry into, and remaining in, Australia · Subdivision B—Offences relating to abuse of laws allowing spouses etc. of Australian citizens or of permanent residents to become permanent residents · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
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- Provision
- Section 243
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 243 — Offences relating to application for permanent residence because of marriage or de facto relationship
243 Offences relating to application for permanent residence because of marriage or de facto relationship
(1) A person must not apply for a stay visa on the basis of satisfying a criterion for the visa because of being the spouse or de facto partner of another person if, at the time of the application, the applicant does not intend to live permanently with the other person in a married relationship (within the meaning of subsection 5F(2)) or de facto relationship (within the meaning of subsection 5CB(2)), as appropriate.
(2) A non-citizen in Australia convicted of an offence under subsection (1) becomes an unlawful non-citizen.
(3) A person must not nominate an applicant for a stay visa on the basis of the applicant satisfying a criterion for the visa because of being the spouse or de facto partner of the person if, at the time of the application, the person does not intend to live permanently with the applicant in a married relationship (within the meaning of subsection 5F(2)) or de facto relationship (within the meaning of subsection 5CB(2)), as appropriate. Penalty: Imprisonment for 2 years.