Online Marriage and the Partner Visa

An online marriage partner visa question arises when a couple marries by video link, often through an overseas online marriage service, while one or both partners are physically somewhere else, and then wants to rely on that marriage for an Australian partner visa. The short answer is that an online marriage partner visa application carries real legal risk, because Australian law does not clearly say whether a marriage conducted online is recognised as valid.

The Department of Home Affairs does not decide an online marriage partner visa case by looking at the marriage certificate alone. It asks whether the marriage is valid for the purposes of the Migration Act 1958, which in turn depends on the Marriage Act 1961. For a marriage solemnised overseas, that means Part VA of the Marriage Act, including section 88D. For a marriage that took place in Australia, it means the formal requirements of the Marriage Act itself.

This guide explains where an online marriage legally takes place, why that question is unsettled, how the Department approaches proxy and foreign marriages, what happens if the marriage is not accepted, and the safer pathways available. It is written for couples who have already married online and for couples who are still deciding. For the commercial side of this work, see the firm's page for partner visa lawyers, and for the shorter version of this topic, read the FAQ on whether a proxy or online marriage is valid for a spouse visa.

Online marriage partner visa: the short answer

No, an online marriage does not automatically support a partner visa. An online marriage partner visa application is accepted as a spouse application only if the Department is satisfied that the marriage is valid for the purposes of the Migration Act and that the relationship meets every other part of section 5F.

Section 5F of the Migration Act defines when two people are in a married relationship. Under subsection 5F(2), the Minister must be satisfied that:

• the couple are married to each other under a marriage that is valid for the purposes of the Act (paragraph 5F(2)(a));
• they have a mutual commitment to a shared life as a married couple to the exclusion of all others (paragraph 5F(2)(b));
• the relationship between them is genuine and continuing (paragraph 5F(2)(c)); and
• they live together, or do not live separately and apart on a permanent basis (paragraph 5F(2)(d)).

An online marriage partner visa problem usually starts with paragraph 5F(2)(a). If the marriage is not valid for the purposes of the Act, the couple are not spouses for visa purposes, however genuine the relationship is. The Department's policy then directs the decision maker to assess the relationship as a de facto relationship under section 5CB instead. That is where many couples run into the 12-month requirement, explained later in this guide.

The second problem is evidence. Even where the marriage is accepted, the Department still assesses whether the relationship is genuine. An online ceremony, held without the couple ever living together, tends to draw closer attention to the genuine and continuing relationship requirement.

The practical message is simple. An online marriage partner visa strategy should be assessed before lodgement, not after a refusal. A couple who has already married online usually has options, but the right option depends on where each partner was during the ceremony, which law governed it and how the couple's relationship is documented.

What counts as an online marriage?

An online marriage is a marriage ceremony in which at least one partner, or the person conducting the ceremony, takes part by video link rather than being physically present in the same place. The phrase covers several different arrangements, and an online marriage partner visa assessment depends on which one applies.

The common arrangements are:

• An overseas online marriage service. Some overseas jurisdictions have offered marriage licences and ceremonies that are conducted entirely by video. The officiant is in that jurisdiction, while the couple may be at home in different countries. A county in the US state of Utah is the example most often mentioned by couples.
• One partner in Australia, one partner overseas. The partner in Australia joins by video, and the ceremony is conducted under the law of the other partner's country or a third country.
• Both partners in Australia. The couple sits together in Australia and joins a ceremony run by an overseas officiant.
• Both partners overseas, in different countries. Neither partner is in Australia, and neither is in the country whose law the ceremony relies on.
• A religious or community ceremony held online. The ceremony may have religious meaning but may not be registered under any civil law. The FAQ on religious or cultural marriages for a partner visa explains why civil validity matters.

A proxy marriage is related but different. In a proxy marriage, a representative stands in for one partner at a ceremony held in person. The Department's policy on proxy marriages is discussed below, because it is the closest guidance available for an online marriage partner visa assessment.

Couples sometimes use "online marriage" to describe a relationship that began online. That is a separate issue. Meeting online does not affect the validity of a marriage, and the guide on a partner visa after meeting online covers it. This article is about the ceremony itself being held online.

How does Australian law decide whether a marriage is valid for a partner visa?

Australian law decides validity in two ways, depending on where the marriage was solemnised. A marriage solemnised in Australia must comply with the Marriage Act 1961. A marriage solemnised in a foreign country is recognised only through Part VA of the Marriage Act, as applied by section 12 of the Migration Act.

The Department's policy instruction on the assessment of spouse and married relationships states that the Migration Act generally mirrors the Marriage Act in deciding whether a marriage is recognised, whether it was solemnised in or outside Australia. There is one important difference. Section 12 of the Migration Act excludes section 88E of the Marriage Act. Section 88E would otherwise recognise some foreign marriages because they are valid under the common law rules of private international law. For visa purposes, that common law route is not available.

For a foreign marriage, the key provisions are:

• Section 88C applies Part VA to a marriage solemnised in a foreign country if, under the local law, the marriage was recognised as valid at the time it was solemnised. "Local law" is defined in section 88B as the law in force in the foreign country, or the part of it, where the marriage was solemnised.
• Section 88D(1) provides that, subject to the rest of the section, a marriage to which Part VA applies is recognised in Australia as valid.
• Section 88D(2) lists exceptions. A foreign marriage is not recognised if either partner was already married to someone else, if a partner domiciled in Australia was under marriageable age, if the partners are within a prohibited relationship, or if the consent of either partner was not real consent.

The Department's policy is direct on one point: a marriage not recognised in the country in which it was solemnised will not be recognised under the Marriage Act or under the Migration Act. That is why an online marriage partner visa case turns on identifying the country where the marriage was solemnised and proving that its law recognised the marriage.

The firm's guide on whether an overseas marriage is recognised in Australia explains Part VA in more detail, and the article on a partner visa with an unrecognised overseas marriage explains what happens when recognition fails.

Where does an online marriage legally take place?

The place where an online marriage legally takes place is not settled in Australian law. As at October 2026, neither the Marriage Act, the Migration Act nor the Department's policy instruction on spouse relationships contains a rule that says where a marriage conducted by video link is solemnised. This is the central uncertainty in every online marriage partner visa case.

The question matters because Part VA only applies to a marriage "solemnised in a foreign country". If an online marriage is treated as solemnised in the country where the officiant sits, the law of that country decides validity. If it is treated as solemnised where one or both partners physically were, the law of that place decides, and that law may not recognise a marriage by video at all.

There are arguments both ways. One view focuses on where the officiant, the licence and the registration are located. Another view focuses on where each partner gave consent, because consent is the essence of a marriage. The Department's own proxy marriage policy states that Australian law requires that consent be given by both parties in person, which shows the importance the Department places on how and where consent was given.

Because the law is unsettled, My Migration Lawyers does not tell couples that an online marriage will be recognised, and it does not tell them that it will certainly be refused. It tells them how strong or weak the position is on their facts, and which safer pathway is available.

Both partners were in Australia during the ceremony

This is the highest-risk online marriage partner visa scenario. If both partners were physically in Australia, there is a strong argument that the marriage took place in Australia. A marriage in Australia must be solemnised by an authorised celebrant who is physically present at the place where the marriage takes place, under section 41 of the Marriage Act. An overseas officiant on a screen does not meet that requirement, and under section 48(1) a marriage solemnised otherwise than in accordance with that Division is not a valid marriage.

One partner was in Australia and one was overseas

This scenario is uncertain. The partner in Australia gave consent from Australia, where a video ceremony could not be lawfully held under the Marriage Act. Whether the marriage can still be treated as solemnised in the other country has not been settled. An online marriage partner visa application relying on this kind of ceremony should not be lodged without legal advice.

Both partners were overseas, in different countries

This scenario is also uncertain. Australian law looks to the law of the country where the marriage was solemnised, but when the partners and the officiant are in three different places, it is not clear which law that is. It may also matter whether the countries where each partner was physically present permit or recognise a marriage by video. Foreign law advice may be needed.

Both partners were together in the same overseas country

If both partners were physically together in one overseas country and married under that country's law, the arrangement is usually an ordinary foreign marriage rather than an online one, even if a family member watched by video. The usual Part VA analysis applies, and the guide on partner visa marriage certificates explains which documents the Department expects.

Online marriage partner visa myths that cause refusals

Several common beliefs about the online marriage partner visa question are wrong, and acting on them can lead to an avoidable refusal. Correcting them early is one of the most useful things a couple can do.

Myth 1: an official certificate means Australia must recognise the marriage. A certificate shows that an overseas authority recorded a marriage. It does not decide whether Australian law treats the marriage as solemnised in that country, or whether an exception in section 88D(2) applies. The Department makes its own assessment, as the FAQ on why a spouse visa can be refused even though the couple is married explains.

Myth 2: the Department has published a rule accepting online marriages. As at October 2026, the firm is not aware of any published Departmental rule that accepts online marriages as a class. The policy instruction deals with proxy marriages and foreign marriages generally. An online marriage partner visa application is assessed on its own facts.

Myth 3: if the marriage is rejected, the whole application fails. Not necessarily. The Department's policy requires the relationship to be assessed as a de facto relationship if the marriage is not recognised. Whether the application then succeeds depends on the de facto requirements, including the 12-month rule. The FAQ on unregistered marriages for a marriage visa explains the same fallback.

Myth 4: marrying online proves the relationship is genuine. A marriage, online or in person, is one piece of evidence. The Department still weighs the financial, household, social and commitment aspects of the relationship. The partner visa requirements guide sets out every criterion an online marriage partner visa applicant must meet.

Myth 5: an online ceremony counts as meeting in person. It does not. Where a visa requires the couple to have met in person, such as the Subclass 300 visa, a video ceremony does not satisfy that requirement. The FAQ on whether a de facto visa is possible for couples who met online covers the related issue of online relationships.

Myth 6: an online marriage partner visa problem can be fixed later. Some problems can be fixed, but the visa application charge is paid at lodgement, and a refusal stays on the applicant's immigration history. The guide on the most common partner visa refusal reasons shows why it is better to choose the right pathway before lodging. The guide on how to apply for a partner visa explains the lodgement steps once the pathway is settled.

Can you marry online from Australia under Australian law?

No. A marriage solemnised in Australia must follow the Marriage Act 1961, and the Act requires the authorised celebrant to be physically present at the place where the marriage takes place. Australian law does not provide for a marriage ceremony conducted by video link.

The formal requirements for a marriage in Australia include:

• A Notice of Intended Marriage. The notice must generally be given at least one month and no more than 18 months before the wedding. A prescribed authority can approve a shorter period in limited circumstances. The FAQ on the Notice of Intended Marriage explains the process.
• A separate in-person meeting. Section 42B requires the authorised celebrant to meet separately with each party before the intended marriage, and both the celebrant and the party must be physically present at that meeting.
• A celebrant physically present at the ceremony. Section 41 requires a marriage to be solemnised by an authorised celebrant who is physically present at the place where the marriage takes place.
• Two adult witnesses. Section 44 requires at least two witnesses who are, or appear to be, over 18.
• The required words. For a civil celebrant, section 45(2) requires each party to say the prescribed words to the other in the presence of the authorised celebrant and the witnesses.

Section 48(1) provides that a marriage solemnised otherwise than in accordance with the preceding provisions of that Division is not a valid marriage. Some defects do not invalidate a marriage, such as certain problems with the notice or witnesses under section 48(2). However, the requirement in section 41 for a celebrant physically present at the place of the marriage is not one of the excused defects listed in section 48(2).

The result is that couples in Australia who want a marriage that supports a partner visa should marry in person before an Australian authorised celebrant. The FAQ on how to get married in Australia sets out the steps. A partner who is in Australia on a visitor visa can usually marry here, and the FAQ on getting married in Australia on a visitor visa explains the visa issues that follow.

This is why an online marriage partner visa plan that involves a partner sitting in Australia is the riskiest version. The couple may hold a foreign certificate, but the Department may conclude that the marriage took place in Australia and failed the Marriage Act.

Is an online marriage the same as a proxy marriage?

No, but the Department's proxy marriage policy is the closest official guidance for an online marriage partner visa assessment. A proxy marriage is held in person with a representative standing in for an absent partner. An online marriage replaces physical presence with a video link.

The Department's policy instruction on spouse and married relationships says that Australian law requires consent to be given by both parties in person, but that some countries permit marriage by proxy. In those cases, the policy says the decision maker should be satisfied that:

• the law of the country where the marriage was solemnised permits consent to be given by proxy;
• the marriage was solemnised in accordance with that law; and
• both parties gave real consent to the marriage.

If all three requirements are met, the policy states that the marriage may be recognised for the purposes of paragraph 5F(2)(a). The couple must still satisfy paragraphs 5F(2)(b), (c) and (d).

The proxy marriage policy is useful for an online marriage partner visa case because it shows the questions a decision maker is likely to ask. Where was the marriage solemnised? Did the law of that place permit the method used? Was that law actually followed? Did both partners truly consent?

However, the policy instruction available to the firm, current as at October 2026, does not expressly deal with marriages conducted by video link. It would be wrong to assume that the Department will treat an online ceremony exactly as it treats a proxy ceremony. This is one of the points where the Departmental approach is unsettled, and a decision maker may refer the question internally before deciding.

What does the Department look at in an online marriage partner visa application?

The Department looks at two separate things in an online marriage partner visa application: whether the marriage is legally valid for visa purposes, and whether the relationship is genuine and continuing. A couple must succeed on both.

On legal validity, a decision maker assessing an online marriage partner visa application is likely to want:

• the marriage certificate, and any licence or registration record, with certified translations where needed;
• evidence of where each partner and the officiant were physically located during the ceremony;
• evidence of the law under which the ceremony was conducted and that the law permitted a ceremony by video;
• evidence that the marriage was registered under that law, if registration is required there;
• evidence that neither partner was already married, including divorce orders or death certificates for any earlier marriage; and
• evidence that both partners gave real consent.

The Department's policy says that if a doubt arises about whether a foreign marriage is recognised in the country where it was solemnised, decision makers in Australia should initiate a case referral. That means an online marriage partner visa application may take longer while the question is examined.

On genuineness, the Department considers the four aspects of the relationship set out in regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The guide on the four aspects of a partner visa relationship explains each one. Couples in an online marriage partner visa matter have often spent limited time together, so the guides on a long-distance relationship partner visa and a partner visa without living together are directly relevant.

Useful genuineness evidence in an online marriage partner visa case usually includes:

• travel records and evidence of time spent together in person;
• a history of communication over the life of the relationship, presented in a selective and organised way, as explained in the guide on partner visa chat evidence;
• financial support and plans for a shared household;
• family and friends' knowledge of the relationship, supported by Form 888 statements from people who know the couple; and
• a relationship statement from each partner that explains why the couple married online and how the relationship developed.

A marriage certificate alone does not prove a genuine relationship. The FAQ on whether a marriage certificate is enough for a spouse visa explains why.

Why do online marriage partner visa applications get refused?

Online marriage partner visa applications are usually refused for one of three reasons: the marriage is not accepted as valid, the couple then cannot meet the de facto requirements, or the Department is not satisfied the relationship is genuine.

The marriage is not accepted as valid

If the Department is not satisfied that the marriage is valid for the purposes of the Act, paragraph 5F(2)(a) is not met. The couple are not spouses for visa purposes. The Department's policy then requires the relationship to be assessed as a de facto relationship under section 5CB.

The couple cannot meet the de facto requirements

A de facto relationship under section 5CB requires, among other things, that the couple live together or do not live separately and apart on a permanent basis. Regulation 2.03A then requires, for partner visas, that the de facto relationship existed for at least 12 months immediately before the application was made, unless an exception applies. Couples who married online after a short in-person relationship often cannot meet this requirement. The guide on the 12-month de facto rule explains it in detail.

The relationship is not accepted as genuine

The Department may accept the marriage but still find that the relationship is not genuine and continuing. An online ceremony after very little time together can be treated as a factor that needs explanation. The guide on a non-genuine relationship refusal explains how these refusals are reasoned.

Before refusing, the Department will often write to the applicant. A section 56 request asks for more information, and a section 57 natural justice letter invites comment on adverse information. In an online marriage partner visa case, these letters often ask where each partner was during the ceremony and which law applied. The answer should be accurate and supported by documents.

Accuracy matters for another reason. Describing an online ceremony as an in-person wedding, or giving inconsistent accounts of where the partners were, can raise public interest criterion 4020 concerns about false or misleading information. The guide on a refusal for false information explains the consequences. An online marriage partner visa application should describe the ceremony exactly as it happened.

What can you do if an online marriage partner visa application is refused?

An online marriage partner visa refusal can usually be reviewed by the Administrative Review Tribunal if review rights are given in the decision letter. As at October 2026, the time limit to apply for review of a partner visa refusal is 28 days after notification of the decision, or 7 days for a person in immigration detention. The application fee for review of a Part 5 migration decision is $3,580, with a reduced fee of 50 per cent available in cases of financial hardship. See the guide on partner visa ART fees and the guide on the partner visa appeal deadline.

Who applies matters. For an onshore Subclass 820 refusal, the visa applicant applies for review. For an offshore Subclass 309 refusal, the visa applicant applies in their own name under section 338(9) and regulations 4.02(4)(saa) and 4.02(5)(raa), not the sponsor. The FAQ on who must apply for review of an offshore spouse visa refusal explains this.

The Tribunal decides the case again on the evidence before it at the time of its decision. That matters in an online marriage partner visa review because the couple's circumstances may have changed. Several Tribunal decisions illustrate the point. In Ergetu (Migration) [2020] AATA 3790, the recorded issue was that the couple validly married in a third country between the delegate's decision and the Tribunal's determination, and the matter was remitted. In Najem (Migration) [2026] ARTA 575, a Subclass 309 matter, the recorded issue was a marriage in the home country before the sponsor's earlier divorce was finalised, with the relationship assessed as de facto, and the matter was remitted. In Kammoun (Migration) [2020] AATA 3279, the recorded issue was that the couple married in Lebanon and the foreign marriage was recognised under local civil law, and the matter was remitted. These decisions do not involve online ceremonies, and each turned on its own facts. They show that the Tribunal looks closely at whether a marriage is valid and, if it is not, whether the relationship can still be assessed as de facto.

The firm's commercial page on partner visa refusals and its urgent ART visa refusal applications page explain how review work is handled when time is short. The guide comparing an appeal and a fresh application helps couples decide which route suits them.

Online marriage and the Subclass 300 visa

An online marriage does not fit the Subclass 300 Prospective Marriage visa, and a couple planning a Subclass 300 application should not marry online before the visa holder enters Australia. The Subclass 300 visa is designed for couples who will marry after the applicant arrives in Australia, which makes it an alternative to an online marriage partner visa plan rather than a way to rescue one.

The Subclass 300 criteria include that:

• the applicant and the sponsor have met in person since both turned 18 and are known to each other personally (clause 300.214);
• the couple genuinely intend to marry, and the marriage will be valid under Australian law (paragraph 300.215(a));
• the marriage is intended to take place within the visa period (paragraph 300.215(b)); and
• the couple genuinely intend to live together as spouses (clause 300.216).

Under the Department's policy, the visa period is generally between 9 and 15 months from grant. Condition 8515 is imposed on the primary visa holder and provides that the holder must not marry or enter into a de facto relationship before entering Australia. Condition 8519 requires the holder to enter into the marriage within the visa period. An online marriage held before the Subclass 300 holder enters Australia risks breaching condition 8515.

If a couple marries after a Subclass 300 application is lodged but before it is decided, the Subclass 300 time of decision criteria cannot be met. Under regulation 2.08E, once the Department is notified and provided the marriage is valid for visa purposes, the applicant is taken to have also applied for a Subclass 309 and Subclass 100 visa. That rule only helps if the marriage is valid. An online marriage partner visa problem can therefore follow a couple into the Subclass 300 process.

The firm's page on the Subclass 300 visa explains the commercial service. The FAQs on Subclass 300 requirements, whether couples must have met in person for a fiancé visa and whether they can marry before the Subclass 300 visa is granted cover the detail. The FAQ comparing a fiancé visa and a partner visa helps couples choose.

Safer options than an online marriage partner visa

The safer options are to marry in person in a way that is clearly valid, to apply as an intended spouse, or to apply as de facto partners. Each removes or reduces the uncertainty that sits over an online marriage partner visa application.

Marry in person in Australia

A marriage solemnised in Australia under the Marriage Act, before an authorised celebrant, is evidenced by a marriage certificate and is recognised for visa purposes provided both partners gave real consent. Where the overseas partner can travel to Australia, this is often the clearest option, and it removes the online marriage partner visa uncertainty entirely. An onshore Subclass 820 visa may then be possible, subject to the applicant's visa conditions and history. The guide on a partner visa while on a tourist visa explains the conditions that can block an onshore application, and the firm's Schedule 3 waivers page applies where the applicant does not hold a substantive visa.

Marry in person overseas

A marriage where both partners are physically together in a foreign country and marry under that country's law is assessed under Part VA in the ordinary way. Provided the marriage was valid where it was solemnised and none of the exceptions in section 88D(2) applies, it is recognised. The FAQ on whether an overseas marriage is recognised for an Australian partner visa and the FAQ on what makes a marriage valid for an Australian spouse visa explain the test. For an online marriage partner visa applicant whose partner cannot travel to Australia, this is usually the cleanest alternative. A couple can then apply for a Subclass 309 visa from outside Australia.

Apply for a Subclass 309 visa as an intended spouse

Paragraph 309.211(3)(a) allows an applicant to apply for a Subclass 309 visa before the marriage, as an intended spouse, where the couple plans to marry before the application is decided. The Department's policy says the intended marriage must be valid for the purposes of section 12 of the Act, and the marriage must have taken place before the visa can be granted. This route lets a couple lodge and then marry in person, rather than lodging an online marriage partner visa application that depends on a ceremony of uncertain validity.

Hold a second, in-person ceremony

A couple who has already married online and wants to remove doubt may be able to marry again in person. The Marriage Act contains a provision in section 113 that allows a further marriage ceremony between the same two people in limited circumstances, including where there is doubt about the validity of an earlier marriage. Whether this is available, and how it should be described in an online marriage partner visa application, needs advice on the couple's facts.

The firm's guide on onshore and offshore partner visas and the guide on which partner visa pathway fits help couples compare these options.

Applying as de facto partners after an online marriage

Yes, a couple who married online can apply as de facto partners if they meet the de facto requirements. This is often the most practical fallback in an online marriage partner visa case, because it does not depend on the marriage being recognised.

A de facto relationship under section 5CB requires that the couple have a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, that they live together or do not live separately and apart on a permanent basis, and that they are not related by family. Regulation 2.03A adds that both partners must be at least 18 and, for partner visas, that the relationship existed for at least 12 months immediately before the application, unless an exception applies. The FAQ on the legal definition of a de facto relationship and the guide on the de facto partner visa explain these rules.

The exceptions to the 12-month requirement include:

• Registration. Under regulation 2.03A(5), the 12-month requirement does not apply if the relationship is registered under a prescribed State or Territory law. The Department's policy says a relationship registered after the application is made, but before it is decided, also meets the requirement. A receipt for a registration application is not enough.
• Compelling and compassionate circumstances. Under paragraph 2.03A(3)(b), the requirement does not apply if there are compelling and compassionate circumstances for the grant of the visa. Policy treats this as a high threshold, with examples such as a dependent child of the relationship.

Registration is not available everywhere. The prescribed laws are in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. The FAQs on registering a de facto relationship for a partner visa, where you can register a relationship and registering when one partner lives overseas explain eligibility. Couples in Western Australia should read the FAQ on registering a relationship in WA.

There is a complication specific to an online marriage partner visa case. State relationship registers generally do not register people who are married. A couple whose online marriage may or may not be valid needs advice on whether they are eligible to register at all. This is a point where an individual assessment is essential.

The FAQ on applying before 12 months as de facto partners and the FAQ on the difference between a spouse visa and a de facto visa are useful starting points.

How should an online marriage be declared in a partner visa application?

An online marriage should be declared accurately and consistently in every form and statement. The partner visa forms ask about marital status and relationship history, and the answers must match the documents and the couple's own accounts.

In practice, an online marriage partner visa application should:

• state the date of the ceremony and explain that it was conducted by video link;
• identify where each partner and the officiant were physically located;
• identify the law under which the ceremony was conducted and attach the certificate and any registration record;
• explain, in each partner's relationship statement, why the couple chose an online ceremony; and
• if the couple is also relying on a de facto relationship in the alternative, present the evidence for that relationship clearly.

Consistency also matters across other applications. Earlier visitor or student visa applications may have recorded a different marital status. The guide on incorrect answers in partner visa applications and the guide on conflicting statements explain how inconsistencies are handled. If the couple later marries again in person after lodging, the Department should be told, as explained in the guide on partner visa change of circumstances.

Online marriage partner visa: who should get advice first?

Every couple who married online should get advice before lodging, but some online marriage partner visa situations carry higher risk than others. Advice is particularly important where:

• either partner was in Australia during the ceremony;
• the partners and the officiant were in three different countries;
• the couple has never lived together, or has spent little time together in person;
• either partner was previously married, and the earlier divorce date is close to the online ceremony, as discussed in the guide on a partner visa while still married;
• the sponsor has sponsored a partner before, which raises the sponsorship limitations;
• the applicant holds a visa with a no further stay condition or is in Australia without a substantive visa; or
• an application has already been lodged and the Department has asked about the marriage.

Couples who have already lodged can ask for a partner visa application review or a second opinion. Couples who have not yet lodged can read the FAQ on having a lawyer check a partner visa before lodging.

How My Migration Lawyers reviews an online marriage before lodgement

My Migration Lawyers deals with complex partner visa cases, acts in many matters involving foreign, unregistered and unusual marriages, and is capable of handling an online marriage partner visa matter from the first review through to lodgement and, where needed, review at the Tribunal. The firm's Principal Lawyer is Weiwei Zhang, and more about the firm is on the about My Migration Lawyers page.

On an online marriage partner visa matter, the firm:

• reads the certificate, licence and registration record, and establishes exactly where each partner and the officiant were during the ceremony;
• assesses whether the marriage is likely to be treated as solemnised in a foreign country under Part VA, and whether any exception in section 88D(2) applies;
• identifies where foreign law evidence is needed and how it should be obtained;
• advises whether to rely on the marriage, apply as de facto partners, register the relationship, marry again in person or use the Subclass 300 or intended spouse Subclass 309 pathway;
• checks marital history, earlier divorces and past visa applications for consistency;
• prepares each partner's relationship statement, which each partner reviews and corrects, together with Form 888 statements and organised evidence of the four aspects of the relationship;
• prepares and lodges the application and answers section 56 requests and section 57 letters; and
• acts on review at the Administrative Review Tribunal if an application is refused.

The firm acts for couples across Australia and overseas by video consultation, through its partner visa lawyers in Sydney, Melbourne, Brisbane and Perth. Couples where one partner is still overseas can read the FAQ on getting help from an Australian partner visa lawyer while living overseas, and couples who need to move quickly can see the urgent partner visa lodgement page.

An online marriage partner visa decision should be made before any visa application charge is paid, because the wrong choice can lead to a refusal that was avoidable. Book a consultation with My Migration Lawyers, or call 1300 040 300.