Marriage, now, or during our holiday back in Australia, after, back to France to live

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Marriage, now, or during our holiday back in Australia, after, back to France to live


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Old 7th June 2012, 12:24 PM
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Users Flag! Originally from australia. Users Flag! Expat in france.
Question Marriage, now, or during our holiday back in Australia, after, back to France to live

Hello,

So I’ve been reading a lot and trying to find this information out, however I would love to have some further input on my understanding of the situation and that’s where you wonderful people come in.

I’ll try my best to present this.

I’m Australian and my girlfriend is French. We want to get married and are investigating marriage either in France or in Australia. Whatever I find regarding marriage in Australia seems to assume you want to live there after, however we are only interested in performing the ceremony there, then returning to France, have the marriage "ratified" or something, then live here. This would avoid the rush to do it before we leave on holiday.


Here are some facts;

- We are currently in France, until the 12th August 2012. (9.5 weeks away)
- I am here on a Working Holiday Visa.
- We are going to Australia on the 13th of August 2012.
- She will be entering Australia on a tourist evisitor VISA for an EU National (at this point, hence investigating our options)
- Another WHV for her in Australia is not an option at all, she has done it.
- After this trip to Australia, we plan to move permanently back to France, so consider Australia a holiday trip this time.


The essential questions are;

a) Should we get married now in France, go to Australia, obtain my new VISA as a spouse, then we can return here to France?

b) Arrive unmarried into Australia, get married there, get my VISA, then come back? Would this be a problem?


Really, we don’t know whats best! Do we have to rush it now to get married BEFORE we leave France? Or if we got married in Australia, will that be ok to go get my VISA in Sydney, then come back as husband and wife to France permanently?

The thing is, we know that if we don’t get married now, or in Australia, but wait until we come back here, then I will have to go BACK to Sydney for my VISA as that’s the only place I can obtain it, which we would rather avoid doing as its already been expensive enough with airlines.

We have already some information on documents required etc, which I obtained from the Australian Embassy site in Paris, as well as a folder from our local “marie” here in France with requirements that we got only today.

Any input would be greatly appreciated and I’ll be checking the thread like every chance I get, so if you need to know something I’ll get right on it quick as I can.

Thanks heaps! (and yeah, we're pretty damed stoked about the whole thing, but have a funny feeling in the stomach its going to be a pile of paperwork and red tape)...

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Old 7th June 2012, 01:12 PM
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Hi there,

My husband (French) and I got married in Melbourne last year and went through the process of having the marriage transcribed. Basically the downside of getting married in France is that they require a bit of paperwork, but the upside is that you get your Livret de Famille straight away! Also, you might want to take into account that although Australia recognises foreign marriages, you will not be able to get an Australian marriage certificate (ie: they won't 'transcribe' the marriage).

The good thing about getting married in Australia is that even with a foreigner the process is painless. You do need to submit your NOIM (intention of marriage) a month in advance of the wedding, but everything is super easy to do. The downside is that you have two processes to undertake:

1) Before you get marriage you must ask permission from the French consulate (this is called "publication des bans", it is all done by mail and should be quite quick - they give you a certificate which you need for the second step, ours took 2 weeks to process). So you'll need to apply for this at least a month before the marriage (like with the NOIM) to make sure you get it in time.
2) After the marriage you need to apply for it to be 'transcribed' in order to get your Livret de Famille, without this you cannot get the spouse visa. Again this is all done by post. Ours took 3 months to arrive, they say it can take up to 6 months, so this could be a major setback.

Another good thing about having an Australian marriage is that you will end up with a French marriage certificate as well. I think the major factor to take into account is how long you want to spend in Australia, because after the marriage you need to wait for that LdF. We'll be applying for the spouse visa in Sydney this October, a bit of a pain since we have to fly over from Melbourne. About the consulate, they are booked out 2 months in advance, so if you want an appointment keep this in mind, don't leave it to the last minute.

The spouse visa should be a very simple process, and yes once you have it you can go back to France to set up permanently. Honestly it wasn't very hard to get married here, the paperwork wasn't bad. In regards to your girlfriend's visa, it really doesn't matter in regards to getting married (tourist/WHV - my partner was on a WHV but it isn't relevant in the marriage process). Just to reiterate: to get married here you'll need at least a month before the wedding to organise the NOIM and the 'publication des bans', and after the wedding you'll need to wait between 1-6 months for the LdF (I doubt it would take 6 months but you never know!)

Congratulations by the way!
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Last edited by _Sarah_; 7th June 2012 at 01:25 PM.
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Old 7th June 2012, 01:30 PM
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Just some more info:

Publications des bans:
Formalités préalables à la célébration d'un mariage (publication des bans) - La France en Australie
Transcription de mariage:
Transcription d'un acte de mariage australien - La France en Australie
(when we got out publication des bans, they also attached the application for the transcription and we were only asked for our Australian marriage certificate to get the transcription, so in fact we didn't need all of the documents listed here)
Spouse visa:
Long Stay Visa for Foreign Spouse of a French citizen - La France en Australie
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Old 7th June 2012, 02:15 PM
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Sarah, your information is...VERY...fantastic!

Thank you so much for your reply, you have put two minds at ease and simply set in place another piece of this puzzle!!

Time isn't an issue, we plan to spend nearly a year over there in Australia.

We have friends for dinner tonight, but I will be picking over the ins and outs and might have some questions later on, however as you said and have shown, it seems to be not only simple, however perhaps the preferred location for the ceremony!

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Old 8th June 2012, 02:22 AM
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No worries, I'm glad to help. Staying for a year means that you'll have more than enough time to get everything sorted, that's great!

Just post back if you have any more questions, in the meantime enjoy your time in France, I can't wait to be there myself!

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