Breaching Visa Condition 8515: Marriage and De Facto Limits on Child Visas (2026)
What condition 8515 means on Australian child visas, what counts as marriage or a de facto relationship, and what can happen if it is breached.
Condition 8515 is a visa condition that stops the holder from marrying or entering into a de facto relationship after the visa has been granted. On a child visa such as the Orphan Relative visa (subclass 117), a breach means the holder has done exactly what the visa forbids, and that can put the current visa at risk of cancellation and follow them into later applications. This article is general information only and is not personalised professional advice, so the current official pages and a qualified professional remain the reference for any individual matter. The answer below is drawn from the Department of Home Affairs Orphan Relative visa (subclass 117) page and the Migration Regulations 1994. The Regulations are amended from time to time, so clause numbers and wording should be confirmed against the current official text.
What does condition 8515 actually say?
Condition 8515 is one of the conditions that may be attached to a subclass 117 visa under clause 117.612 of the Migration Regulations 1994. It provides that the holder must not marry or enter into a de facto relationship after the visa is granted. The same clause also allows condition 8502, which requires the holder to enter Australia before a specified date, and clause 117.611 sets the first-entry requirement.
The grant letter is where the conditions appear. The Department's official page says the grant letter tells the holder the visa grant number, the date the visa starts, the visa conditions, and the date by which the child must have entered Australia. Visa details and conditions can also be checked in VEVO.
Why would a child visa carry a no-marriage condition?
Because the visa is built on the child having no partner. The definition of "orphan relative" in the Migration Regulations 1994 (regulation 1.14) requires the applicant to be under 18, to have no spouse or de facto partner, to have parents who are dead, unable to care for them or cannot be found, and not to have been adopted by someone other than the Australian relative. Clause 117.211 makes that definition the central criterion for the visa.
Condition 8515 keeps the visa consistent with that criterion after grant. If the holder marries or enters a de facto relationship, they are no longer the person the visa was granted to. The Department's PAM3 guidance separately lists having a spouse or de facto partner as a reason for refusal, precisely because it defeats the orphan relative definition.
What counts as married or in a de facto relationship?
Not only a wedding. "Spouse" is defined in section 5F of the Migration Act 1958 and "de facto partner" in section 5CB. Those are legal definitions, and they decide the question rather than the everyday meaning of the words or whether any ceremony took place. A de facto relationship can exist without a formal step of any kind, which is why condition 8515 is written to cover both.
Before grant or after grant: when does the rule bite?
| Point in time | What the rule requires | What can follow if it is not met |
|---|---|---|
| While the application is being decided | The child must have no spouse or de facto partner to meet the orphan relative definition (regulation 1.14, clause 117.211) | The application can be refused |
| After the visa is granted | The holder must not marry or enter a de facto relationship (condition 8515, clause 117.612) | The holder has breached a visa condition; the visa may be subject to cancellation |
The practical difference is that before grant the question is whether the visa should be given at all, while after grant the question is whether a visa already given can be taken away.
What are the real consequences of a breach?
A breach of 8515 is a failure to meet a visa condition. The Department's official page states that the child and their family members must meet all visa conditions and obey Australian laws, and a breach of 8515 is a failure to meet one of those conditions.
Two things make this heavier than it first looks:
- Subclass 117 is a permanent visa. The official page describes it as permanent, allowing the holder to stay in Australia indefinitely. Losing it is not a matter of waiting out a short stay.
- The cancellation becomes part of the record. PIC 4021, which deals with cancelled visas, is among the public interest criteria listed for subclass 117 in the Migration Regulations 1994. A cancellation therefore does not simply end at the cancellation.
Does a relationship change have to be reported?
Before a decision, yes. The official page lists a change to the child's relationship status among the changes that need to be notified after an application is made, and Form 1023 Notification of incorrect answers is the form the page points to where an answer already given has become incorrect. The Department's PAM3 guidance also refers to the duty under section 104 of the Migration Act to notify changes that make information in the application incorrect.
After the visa is granted, the official page lists the changes that need to be notified as changes to the child's passport, the birth of a child, and a change of name — and it separately requires the holder and family members to meet all visa conditions. The condition itself is binding whether or not anything is reported.
When should you get legal advice?
Advice is worth getting before acting rather than after. The points where it matters most:
- A marriage or de facto relationship is being considered while a child visa application is still on foot.
- The relationship has already begun after grant and 8515 appears on the visa.
- The Department has raised the relationship, or a breach is already on the record.
- Another visa application is being planned and a cancellation sits in the background.
According to the official page, immigration assistance can only be given by a registered migration agent, a legal practitioner, or an exempt person; Form 956 is used to appoint one. Anyone can be appointed to receive documents, using Form 956A. The PAM3 guidance also notes that adoption exceptions, sponsorship limits and cases with limited documentary evidence are areas where the rules are difficult to apply.
What if the marriage is not the holder's own choice?
The official Orphan Relative visa page addresses this directly. It states that the sponsor cannot cancel the visa, withdraw it, or otherwise influence the holder's residency status in Australia. It also points to support services including the Life Without Barriers Forced Marriage Specialist Support Program (1800 403 213), 1800RESPECT (1800 737 732), Kids Helpline (1800 55 1800), My Blue Sky (02 9514 8115) and the Australian Federal Police (131 237), with Triple Zero (000) in an emergency. Pressure to marry is a safety issue before it is a visa issue.
Frequently Asked Questions
What does condition 8515 prohibit?
Condition 8515 prohibits the visa holder from marrying or entering into a de facto relationship after the visa is granted. It is one of the conditions that may be attached to a subclass 117 visa under clause 117.612 of the Migration Regulations 1994. The grant letter and VEVO are the places to confirm whether it has been attached to a particular visa.
Which visas can carry condition 8515?
Subclass 117 (Orphan Relative) is one visa to which clause 117.612 of the Migration Regulations 1994 allows condition 8515 to be attached. Clause 117.612 also allows condition 8502, which sets a first-entry date. Whether either condition applies to a specific visa is shown in the grant letter and can be checked in VEVO.
What is the difference between a spouse and a de facto partner?
"Spouse" is defined in section 5F of the Migration Act 1958 and "de facto partner" in section 5CB. Both are legal definitions rather than everyday ones, and a de facto relationship does not require a ceremony. Condition 8515 names both, so either can amount to a breach.
Can a subclass 117 visa be cancelled for breaching 8515?
The Department's official page states that the child and their family members must meet all visa conditions and obey Australian laws, and it records that a subclass 117 visa may be subject to cancellation where the child does not enter Australia before the first entry date. A breach of 8515 is a failure to meet a visa condition. This is general information and not a prediction about any individual case.
Does a breach affect future visa applications?
It can. PIC 4021, which deals with cancelled visas, is among the public interest criteria listed for subclass 117 in the Migration Regulations 1994. A cancellation therefore becomes part of the record that later applications are assessed against.
Does a relationship change have to be reported before a decision is made?
Yes. The official page lists a change to the child's relationship status among the changes that need to be notified after an application is made, and Form 1023 is used to correct answers that have become incorrect. The PAM3 guidance also refers to the notification duty in section 104 of the Migration Act.
Who is allowed to give immigration assistance?
According to the official page, immigration assistance can only be given by a registered migration agent, a legal practitioner, or an exempt person, appointed using Form 956. Anyone can be appointed to receive documents on the holder's behalf, using Form 956A.