# Offences relating to application for permanent residence because of marriage or de facto relationship

> act-s243 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.