What is a legal marriage for a Partner visa?

You may have a Thai, Filipina, Vietnamese, etc, girlfriend, Fiancé, or wife and are trying to figure out the best visa option to go for. If you decide to get married or are already married it is very important to understand what is a “legal marriage” for purpose of making a valid Partner visa by marriage application.

In many countries, including Thailand, it is very common for couples to get married in a traditional ceremony. Many Thai-Thai and even Thai-foreigner couples get married in this way. Unfortunately however, these marriages will not usually be recognised by the Department of Home Affairs (DOHA) as a legal and valid marriage for the purpose of the Migration Act.

A traditional marriage in a country outside of Australia may or may not be officially and legally recognised under the law of that country. To be recognised the marriage will normally have to have some sort of formal documentation attached to it and it will need to be registered as a marriage in the government department that deals with such unions in that country.

For the sake of a marriage being legal under the Migration Act, in order to make a valid Partner visa application, it is not necessary for the couple to be married in Australia. It is ok if you are married in another country as long as your marriage is recognised in the other country as legally binding. There are some exceptions, such as underage or polygamous marriages, which are not accepted in Australia. Same sex marriage are also now legal in Australia.

It is also important to recognize that DIAC looks at not just weather the couples are legally married but also whether or not they are in what is termed a “married relationship”. DOHA states that persons are in a married relationship if:

  • they are married to each other under a marriage that is valid for the purposes of the Migration Act 1958;
  • they have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
  • the relationship between them is genuine and continuing; and
  • they live together or do not live separately and apart on a permanent basis.

You can contact us at Australian Visa Advice (AVA) for a consultation about your Partner visa eligibility and options. Feel free to contact us today.

Written by Luke Gorham ©2020
Registered Migration Agent
Australian Visa Advice
ETA Visa Australia Express




How Australian Visa Advice (AVA) can help For Partner Visa?

For more information about preparing a Partner visa application you can contact us at Australian Visa Advice (AVA): info@aussievisas.net We can advise you about the visa and prepare her visa application. We have a 100% success rate, and many of our applications are granted in under the normal processing times. We have helped people from the Philippines, Thailand, the USA and many other countries obtain an Australian Partner visa – so contact us today!

How much does it cost to apply for a Fiancé Visa Australia?

The Australian Government Department of Home Affairs has increased the base cost of the visa over the years, and the current Visa Application Charge is $7715. This fee must be paid in full at the time of lodgment of the application. If you want to add a dependent child there are added fees.

Can I stay in Australia while waiting for my Visa?

No, you can only apply for a Fiancé outside of Australia, and after submitting your application you will not be given any special permission to enter Australia while you wait for you application to process. If you want to enter Australia during the processing of your application (for example to spend time with your fiancé) then you will need to apply for and obtain some sort of temporary visa.

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