Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 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.



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