Religious Marriage and the Partner Visa

A religious marriage partner visa question arises when a couple has married in a religious ceremony, such as a nikah, a Hindu or Sikh temple ceremony, a Buddhist blessing or a church wedding, and wants to know whether the Department of Home Affairs will accept them as spouses. The answer to a religious marriage partner visa question depends on one thing above all: whether Australian law recognises the marriage as valid.

Faith is not the test. The Department does not ask whether a ceremony was sincere, sacred or accepted by a community. It asks whether the marriage meets section 5F of the Migration Act 1958, which requires the couple to be married to each other under a marriage that is valid for the purposes of the Act. A religious ceremony conducted in Australia by an authorised celebrant is a valid marriage. A religious ceremony conducted in Australia by a person who is not an authorised celebrant is not. An overseas religious ceremony is recognised if it was valid under the law of the country where it took place, subject to a short list of exclusions.

This guide is written for couples of every faith. It explains how a religious marriage partner visa application is assessed, what happens when a ceremony is not legally recognised, how the de facto pathway works as the alternative, and how My Migration Lawyers decides which basis a couple should apply on. For the wider framework, the complete guide to partner visas in Australia explains each subclass, and the firm's partner visa lawyers page explains how the firm acts on these applications.

Does a religious marriage count for a partner visa?

Yes, a religious marriage counts for a partner visa if it is a valid marriage under Australian law, and no, it does not count as a marriage if it is not legally valid. In that second case the couple may still qualify as de facto partners.

The distinction matters because the spouse and de facto pathways have different requirements. A married couple does not have to show a minimum period of relationship before applying. A de facto couple applying for a Subclass 820 partner visa or a Subclass 309 partner visa must generally show a de facto relationship of at least 12 months immediately before the application, unless an exception applies. A couple who lodges a religious marriage partner visa application as spouses, when the marriage is not legally valid, may find that the application has to be assessed on a de facto basis they did not prepare for.

There are three common religious marriage partner visa situations:

• A religious ceremony in Australia conducted by an authorised celebrant. Many ministers of religion, imams, priests, pandits, granthis and other faith leaders are authorised celebrants. If the celebrant was authorised and the ceremony complied with the Marriage Act 1961, the marriage is valid and the couple can apply as spouses.
• A religious-only ceremony in Australia. If the ceremony was conducted by a faith leader who is not an authorised celebrant, or was intended only as a religious ceremony before a later civil wedding, the couple is not legally married in Australia.
• A religious ceremony overseas. If the marriage was legally valid in the country where it was solemnised, it can be recognised under Part VA of the Marriage Act and under the Migration Act, unless an exclusion applies.

The short answers on what makes a marriage valid for an Australian spouse visa and whether a religious or cultural marriage is recognised for a partner visa are useful starting points. This article goes further into each religious marriage partner visa situation and what to do about it.

Religious marriage partner visa law: section 5F and the Marriage Act

The legal test for a religious marriage partner visa application is in section 5F of the Migration Act 1958. Under section 5F(2), two people are in a married relationship if:

• they 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)).

The first requirement is a legal question about the ceremony. The other three are factual questions about the relationship. The Department's procedural instruction on the assessment of spouse and married relationships states that, generally, section 12 of the Migration Act mirrors the Marriage Act 1961 in deciding whether a marriage is recognised as valid, whether it was solemnised in or outside Australia.

There is one important difference. Section 88E of the Marriage Act preserves recognition of some foreign marriages under the common law rules of private international law. Section 12 of the Migration Act excludes section 88E. The Department's policy is therefore that a marriage recognised in Australia only because of those common law rules is not recognised for migration purposes. For a religious marriage partner visa application based on an overseas ceremony, the marriage must be recognised under Part VA itself.

The second half of section 5F is just as important. A valid marriage certificate does not prove a genuine relationship. The Department still assesses the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment, under regulation 1.15A of the Migration Regulations 1994. The article on the genuine and continuing relationship requirement explains that assessment in detail.

Religious ceremony in Australia without an authorised celebrant

A religious ceremony held in Australia is a valid marriage only if it is solemnised by or in the presence of an authorised celebrant and complies with Division 2 of Part IV of the Marriage Act. Section 48(1) provides that a marriage solemnised otherwise than in accordance with those provisions is not a valid marriage.

This is the most common religious marriage partner visa problem. A couple holds a nikah at a mosque, a ceremony at a temple or a blessing in a family home. The ceremony is led by a respected faith leader. Family and community attend. The couple sincerely regards themselves as husband and wife. But the faith leader was not an authorised celebrant, or no Notice of Intended Marriage was given, or the ceremony was always intended to be followed by a civil wedding that never took place. Under Australian law, there is no marriage.

Who is an authorised celebrant?

Under section 5 of the Marriage Act, an authorised celebrant for a marriage in Australia includes a minister of religion of a recognised denomination registered under the Act, a marriage celebrant and a religious marriage celebrant, together with certain State and Territory officers. Many faith communities have ministers who are registered. A ceremony conducted by a registered minister according to the rites of that faith is a legal marriage, provided the other Marriage Act requirements are met.

The Attorney-General's Department explains that a couple marrying in Australia must give a Notice of Intended Marriage to an authorised celebrant at least one month and no more than 18 months before the wedding, must be married by an authorised celebrant, and must have two witnesses over 18. The celebrant must submit the marriage paperwork to the State or Territory registry of births, deaths and marriages within 14 days. The firm's short answers on how to get married in Australia and the Notice of Intended Marriage explain those steps.

A nikah or temple ceremony before the civil wedding

Some couples deliberately hold the religious ceremony first and plan a civil ceremony later. In some communities the nikah is performed at home or at a mosque by an imam who is not acting as an authorised celebrant, and the legal marriage happens separately. That approach is entirely respectful of faith, but the religious marriage partner visa consequence is clear: until the legal ceremony occurs, the couple is not married for migration purposes.

If that couple lodges a partner visa as spouses, relying on the religious ceremony alone, the claimed marriage fails paragraph 5F(2)(a). The Department's policy then requires the relationship to be assessed against the definition of de facto relationship in section 5CB of the Migration Act. Whether the application survives depends on whether the couple meets the de facto requirements at the time of application.

What about paperwork errors?

Section 48(2) of the Marriage Act provides that a marriage is not invalid because of certain defects, including some defects in notices, declarations and certificates. A marriage conducted by an authorised celebrant is not necessarily invalid because the notice was late or a certificate contains an error. A ceremony conducted by a person who is not an authorised celebrant is a different matter. Each religious marriage partner visa case with a paperwork problem needs individual advice before lodgement, because the line between a defect that does not affect validity and a ceremony that is not a marriage at all is a legal question.

Where a couple is unsure whether their marriage was registered, the firm's short answer on whether you can get a marriage visa if the marriage was not registered explains the difference between an unregistered valid marriage and a ceremony that was never a legal marriage.

Overseas religious marriages: when are they recognised?

An overseas religious marriage is recognised for a religious marriage partner visa application if it was valid under the law of the country where it was solemnised, at the time it was solemnised, and none of the exclusions in section 88D(2) of the Marriage Act applies.

Part VA of the Marriage Act deals with the recognition of foreign marriages. Section 88D(1) provides that a marriage to which Part VA applies is to be recognised in Australia as valid, subject to the rest of that section. The Department's instruction states that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act, nor under the Migration Act. In many countries, a marriage conducted by a religious authority is the legal form of marriage, or is legally valid once registered with the State. In other countries, only a civil ceremony creates a legal marriage and a religious ceremony has no legal effect.

The live article Is an Overseas Marriage Recognised in Australia? explains the general rules for all foreign marriages, and the article on a partner visa where the overseas marriage is not recognised deals with what happens next. This guide stays focused on the religious marriage partner visa question.

The local law decides

The key question in an overseas religious marriage partner visa case is always what the law of the country of celebration required. If that law treats a religious ceremony as a legal marriage, the overseas religious marriage can be recognised. If that law requires registration with a civil authority for the marriage to be valid, an unregistered religious ceremony may not be a marriage at all. If registration is only evidence of a marriage that is already valid, a late registration may be enough to prove it.

The Department's policy directs officers who doubt whether a foreign marriage is recognised in the country of celebration to seek advice from a local government agency, or to make a case referral. A religious marriage partner visa application based on an overseas ceremony should therefore be supported by evidence of the local law position, not only by a religious certificate. The country pages for spouses from Pakistan, India, Bangladesh, Indonesia and Egypt discuss country-specific documents.

Exclusions that apply to every overseas religious marriage

Even where a marriage was valid where it was celebrated, section 88D(2) of the Marriage Act lists marriages that are not recognised, covering an existing marriage, marriageable age, a prohibited relationship and the absence of real consent. The Department's instruction adds that the following are not recognised for migration purposes:

• Certain polygamous marriages. Only the first marriage in a polygamous situation can be recognised. A later concurrent marriage is not a valid marriage under the Migration Act, even if the first spouse later dies or the first marriage ends. The short answer on whether a polygamous marriage is recognised for a spouse visa explains this.
• Marriages within a prohibited degree of relationship. A marriage between a person and an ancestor or descendant, or between siblings, is void. Marriages between cousins are not prohibited, as the answer on cousin marriage and the spouse visa explains.
• Certain underage marriages. A foreign marriage where a party was under 18 is recognised only in limited circumstances, and not where either party was domiciled in Australia and under marriageable age at the time.

A religious marriage partner visa application that falls into one of these categories cannot rely on the marriage. The couple may still be assessed as de facto partners if theirs is the only ongoing partner relationship and both parties are at least 18.

Arranged marriages and real consent

An arranged marriage is recognised in the same way as any other marriage. The Department's instruction states that the fact a marriage was arranged by relatives, friends or marriage brokers does not itself affect recognition, unless one party did not give real consent. Officers are, however, expected to take particular care in assessing whether the relationship is genuine and continuing. The articles on the partner visa for arranged marriages and on a partner visa refused in an arranged marriage explain that assessment.

Forced marriage is different. It is a criminal offence under the Criminal Code Act 1995, and a marriage without real consent is not recognised. Anyone who is being forced to marry, or who is in immediate danger, should contact the police on 000.

Proxy and online religious ceremonies

Australian law requires both parties to give consent in person. Some countries permit marriage by proxy. The Department's policy is that a proxy marriage may be recognised for paragraph 5F(2)(a) if the law of the country of celebration permits proxy consent, the marriage was solemnised in accordance with that law and both parties gave real consent. The short answer on whether a proxy or online marriage is valid for a spouse visa covers this in more detail. A proxy religious marriage partner visa application needs clear evidence of each of those three matters.

Evidence for a religious marriage partner visa application

The evidence for a religious marriage partner visa application must prove two separate things: that the marriage is legally valid, and that the relationship is genuine and continuing. A religious certificate alone rarely proves either.

Proving a marriage solemnised in Australia

The Department's instruction states that marriages solemnised under the Marriage Act are evidenced by a marriage certificate stating that the marriage was solemnised under the Marriage Act. The ceremonial certificate handed over on the day is not the official record. Couples should obtain the official certificate issued by the State or Territory registry of births, deaths and marriages. The article on which partner visa marriage certificates are accepted explains the difference, and the short answer on whether a marriage certificate is enough for a spouse visa explains why it is not.

A certificate issued by a mosque, temple, gurdwara or church may be a meaningful religious record. For a religious marriage partner visa application, it is supporting evidence of the ceremony and of the couple's commitment, not proof of a legal marriage, unless the faith leader was an authorised celebrant and the official registry certificate exists.

Proving an overseas religious marriage

For an overseas religious marriage partner visa application, the strongest evidence is usually the official marriage record or certificate issued by the civil registration authority of the country of celebration, together with any religious marriage contract or certificate and evidence of registration. Documents not in English must be translated. The guides on partner visa evidence translation and on whether you need to translate a marriage certificate explain the standard.

Where a certificate cannot be obtained, the short answer on what to do if you cannot get a birth or marriage certificate is relevant. In those religious marriage partner visa cases, evidence of the local law and of the circumstances of the ceremony becomes more important.

Proving the relationship itself

In a religious marriage partner visa application, the relationship evidence is assessed exactly as it is for any spouse application. Wedding photographs show a ceremony took place, but the Department wants evidence of a shared life. The answer on whether wedding photos are enough for a spouse visa explains this. Useful guides include the 820 partner visa evidence checklist, the guide to relationship statements and the guide to Form 888 supporting statements. Members of the faith community who attended the ceremony and know the couple can be valuable Form 888 witnesses.

The Department's instruction also tells officers to take into account the extent to which the laws or traditions of the applicant's home country may discourage a couple from openly admitting a relationship. That is relevant in some religious marriage partner visa cases where the couple's contact before marriage was limited for religious or cultural reasons. The article on partner visa cultural differences explains how to present that context.

What happens if the religious marriage is not recognised?

If the religious marriage is not recognised, the Department must assess the relationship against the definition of de facto partner in section 5CB of the Migration Act 1958. The application is not automatically refused, but the couple must meet the de facto requirements, including the 12-month requirement in regulation 2.03A where it applies.

The Department's instruction is direct on this point. If a marriage is not recognised under the Migration Act because the requirements of subsection 5F(2) cannot be met, the parties' relationship is to be assessed against section 5CB. A refusal on the basis that the marriage is not valid under paragraph 5F(2)(a) does not have to address the four aspects of the relationship, but the de facto question must then be considered.

That makes the de facto pathway the real alternative in every religious marriage partner visa case where the ceremony is not legally recognised. The guide to the de facto partner visa and the 12-month rule and the short answer on the difference between a spouse visa and a de facto visa explain that pathway.

What section 5CB requires

Section 5CB requires the couple to have a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and to live together or not live separately and apart on a permanent basis. They must not be related by family. The short answers on the legal definition of a de facto relationship and on the de facto visa requirements set this out.

A couple who regards themselves as married through a religious ceremony will usually meet the commitment element easily. The harder element in a religious marriage partner visa case is often the living together element, discussed below.

The 12-month requirement in a religious marriage partner visa case

Regulation 2.03A(3) requires an applicant for a Subclass 820 or Subclass 309 visa, among others, who relies on a de facto relationship to show that the relationship existed for at least 12 months immediately before the application was made. The Department's instruction confirms that this is assessed separately from section 5CB. A couple can be genuine de facto partners and still fail regulation 2.03A because the relationship was less than 12 months old when they applied.

For a religious marriage partner visa applicant, this is where an unrecognised ceremony causes real damage. A couple who married in a religious-only ceremony three months before lodging, and who relied on the ceremony as a marriage, may have a genuine relationship but no 12-month de facto period. The guides on whether you really need 12 months to apply for a Subclass 820 and on when the 12-month de facto period starts explain how the period is measured.

Exceptions to the 12-month requirement

The 12-month requirement does not apply if:

• the applicant establishes compelling and compassionate circumstances for the grant of the visa (paragraph 2.03A(3)(b)). The Department's policy gives examples such as a dependent child of the relationship, or de facto relationships being illegal in the country where one or both partners live. Pregnancy alone is not generally treated as enough;
• the applicant's partner holds or held a permanent humanitarian visa and declared the relationship before that visa was granted, or is an applicant for a permanent humanitarian visa (subregulation 2.03A(4)); or
• the relationship is registered under a prescribed State or Territory law (subregulation 2.03A(5)).

The Department's policy also notes that the requirement falls away where the couple's status changes to a married relationship that meets section 5F. The guides on compelling circumstances for a partner visa and on whether a de facto visa can be refused for not meeting the 12-month rule explain these exceptions. For couples from countries where relationships outside marriage are prohibited, the compelling and compassionate exception can be directly relevant to a religious marriage partner visa case.

Registering the relationship

Registration is often the most practical solution in a religious marriage partner visa case where the ceremony was not a legal marriage. Under subregulation 2.03A(5), the 12-month requirement does not apply if the de facto relationship is registered under a law prescribed in the Acts Interpretation (Registered Relationships) Regulations. The Department's instruction lists registration schemes in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Western Australia and the Northern Territory are not on that list.

The Department's instruction states that subregulation 2.03A(5) does not say when the relationship must be registered, so a relationship registered after the application is made but before it is decided meets the requirement. A receipt for a pending registration application is not enough. The relationship must actually be registered.

The firm's short answers explain whether you have to register a de facto relationship, where you can register a relationship in Australia, registration in NSW, registration in Victoria, registration in Queensland, the position in WA and registering after lodging a partner visa. Registration has its own State and Territory eligibility rules, including residence rules, so it must be checked for each couple.

Couples who did not live together before the religious marriage

In many faiths, couples do not live together before marriage. That is a common and respected practice, and it raises a specific religious marriage partner visa issue when the ceremony turns out not to be a legal marriage.

A valid married couple must live together or not live separately and apart on a permanent basis under paragraph 5F(2)(d). The Department's instruction states that an applicant cannot meet that requirement if they have never lived with their spouse and cannot satisfy the officer that they intend to live together in the future. There is no fixed timeframe, and an intention to live together after the visa is granted can be enough for a valid marriage.

The de facto test is similar in wording, but the 12-month requirement in regulation 2.03A asks whether a de facto relationship existed for 12 months before the application. A couple who did not live together for religious reasons, and whose ceremony is not a legal marriage, may find it difficult to show that a de facto relationship existed for that period. The short answer on whether you can get a partner visa if your culture or religion stops you living together and the article on a partner visa without living together explain how that is assessed.

For these couples, a valid legal marriage is often the cleaner route. Holding a civil ceremony in Australia, or a ceremony conducted by a faith leader who is an authorised celebrant, turns a difficult de facto case into a spouse case. That is a decision for the couple, made with full information about the religious marriage partner visa consequences of each option.

Religious divorce and earlier marriages

A religious marriage partner visa application can also fail because of an earlier marriage. If either partner was previously married, the new marriage is valid only if the earlier marriage ended legally before the new ceremony.

The Department's instruction notes that questions about the validity of foreign divorces most often arise where the divorce was granted outside Australia in accordance with customary or religious practices only. Under section 104 of the Family Law Act 1975, an overseas divorce is recognised if it was effected under the law of that country and a party had a specified connection with that country. In Australia, a marriage can be legally ended only by a divorce order under the Family Law Act.

That means a religious divorce, by itself, may not end a marriage for Australian legal purposes. If the earlier marriage was not legally ended, a later religious ceremony may be a concurrent marriage that cannot be recognised. The article on a partner visa while still married to someone else and the short answer on whether you can apply while still divorcing your ex explain the options. A person who is legally married to someone else but permanently separated can still be a de facto partner of a new partner under section 5CB.

The guide to partner visa previous relationships explains how the Department treats earlier marriages and relationships more generally. Every earlier marriage must be disclosed accurately in a religious marriage partner visa application, as in any other partner visa application.

Religious marriage partner visa problems after lodgement

If the Department doubts that a religious marriage is legally valid after the application has been lodged, it will usually ask for more information or put the concern to the applicant before refusing. How the applicant responds can decide the outcome.

Section 56 requests and section 57 letters

The Department may ask for further evidence under section 56 of the Migration Act, for example the official marriage certificate, proof of registration or evidence of the local law. Where it has adverse information that would be a reason for refusal, it may invite comment under section 57. The guides on the section 56 request and the section 57 natural justice letter explain those processes. A religious marriage partner visa response should deal with the validity of the marriage and, in the alternative, with the de facto basis, because the Department must consider both.

Telling the Department about changes

Applicants must notify the Department of changes in their circumstances under section 104 of the Migration Act, including changes to relationship status. The guide to Form 1022 for a partner visa explains how. A religious marriage partner visa applicant who holds a valid legal ceremony during processing must tell the Department and provide the official certificate. If a couple who lodged as de facto partners later marries validly, the short answer on telling Home Affairs if you marry after applying as de facto partners applies.

Can a valid marriage during processing fix the problem?

A valid marriage during processing can help, but it cannot always repair the application. For a Subclass 820 or Subclass 309 visa, the applicant must be the spouse or de facto partner of the sponsor when the application is made. If the couple was neither validly married nor in a qualifying de facto relationship at that time, a later legal ceremony does not change the facts as they stood at lodgement.

Where the couple was a de facto couple meeting the 12-month requirement or an exception when they applied, a later valid marriage strengthens the religious marriage partner visa case. Where they were not, the options may include withdrawing and reapplying, or responding on the de facto basis using registration or compelling and compassionate circumstances. The guide on reapplying for a partner visa after refusal is relevant where the application cannot succeed.

Onshore applicants must also consider their visa status before withdrawing or reapplying. Section 48 of the Migration Act, Schedule 3 criteria and no further stay conditions can all affect whether a new application can be made in Australia. The pages on Schedule 3 waivers, the section 48 bar and the 8503 waiver explain those risks.

Religious marriage partner visa refusal and ART review

A religious marriage partner visa refusal can usually be reviewed by the Administrative Review Tribunal. The time limit is strict and the Tribunal decides the matter afresh on the evidence before it.

As at October 2026, the ART application fee for migration decisions under Part 5 of the Migration Act is $3,580, with a reduced fee of 50% of the full fee available in cases of financial hardship. The application for review must generally be lodged within 28 days after the applicant is notified of the decision, or 7 days for a person in immigration detention. Review of a Subclass 309 refusal is applied for by the visa applicant in their own name, and review of an onshore Subclass 820 refusal is applied for by the applicant. The guides on the partner visa appeal deadline, partner visa ART fees and who applies for review of an offshore spouse visa refusal explain the detail.

In a religious marriage partner visa review, the Tribunal can consider evidence that was not before the Department, including evidence of local law, registration of a relationship or a valid marriage that has taken place since the refusal. Decisions recorded in the firm's database of Tribunal remittals show how marriage validity issues have been dealt with on review. In Kammoun (Migration) [2020] AATA 3279, the recorded issue was that the visa applicant and sponsor had married in Lebanon and the foreign marriage was recognised under local civil law, and the matter was remitted to the Department. In Phan (Migration) [2022] AATA 251, a Federal Circuit Court remittal, the recorded issues were a genuine intention to marry and live together and a traditional, unregistered marriage in the home country, and the matter was remitted. In 2306750 (Migration) [2026] ARTA 1754, the recorded issues were whether the applicant was the de facto partner of the sponsor at the time of the visa application, a valid marriage, living together and joint bank accounts, and the matter was remitted. These decisions turned on their own facts and are not a prediction for any other case.

The commercial page on partner visa refusals explains how the firm acts on refused applications, and the urgent ART visa refusal applications page is for clients close to the deadline. The guides on the ART review process, the partner visa ART hearing and new evidence at the ART explain what happens next.

Choosing the right basis: spouse, de facto or Subclass 300

The most important decision in a religious marriage partner visa matter is made before lodgement: which basis to apply on. There are usually four options.

Apply as spouses. This is right where the religious ceremony is a legal marriage, either because an authorised celebrant conducted it in Australia or because it was valid under the law of the country where it took place. The couple then needs evidence of validity and of the relationship.

Hold a valid legal ceremony first. Where the religious ceremony was not a legal marriage and the couple is in Australia, a ceremony before an authorised celebrant, after a Notice of Intended Marriage given at least one month earlier, creates a valid marriage. The short answers on whether you can marry in Australia on a visitor visa and whether you can marry on a bridging visa are relevant, together with the guide on moving from a tourist visa to a partner visa.

Apply as de facto partners. This is right where the couple has lived together in a de facto relationship for at least 12 months before lodgement, or meets an exception such as registration. In that kind of religious marriage partner visa application, the religious ceremony becomes evidence of commitment rather than the legal basis of the application.

Apply for a Subclass 300 visa. Where the applicant is outside Australia and the couple intends to marry legally in Australia, the Subclass 300 prospective marriage visa may suit. The intended marriage must be valid under Australian law, so a religious-only ceremony after arrival will not satisfy the visa. The short answer on what happens after you marry on a prospective marriage visa explains the next step.

For an offshore Subclass 309 application, the Department's instruction on that visa notes that an applicant may apply before marrying if the marriage will take place before the decision, and the intended marriage must be valid under Part VA of the Marriage Act. The guide comparing onshore and offshore partner visas and the guide on which partner visa pathway fits set out the wider choice. Where the application is urgent, for example because the applicant's visa is about to expire, the urgent partner visa lodgement page explains how the firm can act quickly.

How My Migration Lawyers handles religious marriage partner visa matters

My Migration Lawyers acts for couples of many faiths whose partner visa depends on whether a religious ceremony is a legal marriage. The firm deals with complex religious marriage partner visa cases regularly, including ceremonies held in Australia without an authorised celebrant, overseas religious marriages that were never civilly registered, earlier religious divorces, polygamous family histories and couples who did not live together before marriage for reasons of faith. The firm acts in many matters of this type and is capable of handling them carefully and respectfully.

In a religious marriage partner visa matter, the firm's work usually includes:

• Assessing the ceremony. The firm reviews who conducted the ceremony, where it took place, what notice was given and what was registered, and gives clear advice on whether the marriage is legally valid in Australia.
• Checking the local law. For an overseas religious marriage, the firm identifies what the law of the country of celebration required and what evidence will prove it.
• Choosing the basis. The firm advises whether to apply as spouses, as de facto partners, after a legal ceremony, or for a Subclass 300 visa, and whether registration of the relationship or compelling and compassionate circumstances should be relied on.
• Preparing the evidence. The firm prepares the application, the relationship statements and the Form 888 supporting statements, and presents religious and cultural context in a way an officer can follow.
• Responding to the Department. The firm prepares responses to section 56 requests and section 57 letters that deal with validity and, in the alternative, the de facto basis.
• Review. Where an application has been refused, the firm prepares the ART application, submissions and evidence for the hearing.

Weiwei Zhang, the firm's Principal, oversees the firm's partner visa work. The firm charges fixed fees per matter and consults by video Australia-wide, with an office at Level 1, 60 Martin Place, Sydney. More about the firm is on the About page, and the guide on complex partner visa applications explains how the firm approaches difficult cases.

The best time to get advice on a religious marriage partner visa question is before the application is lodged, while every option is still open. Book a Consultation with My Migration Lawyers, or call 1300 040 300.