Can I Get a Spouse Visa After an Arranged Marriage?
Key points
- A married relationship under section 5F of the Migration Act requires a valid marriage and a genuine and continuing relationship.
- A marriage is void under the Marriage Act 1961 where a party's consent was not real consent, including where it was obtained by duress.
- Married couples do not need to meet the de facto 12-month requirement in regulation 2.03A.
- The Department assesses four aspects of the relationship under regulation 1.15A(3).
Does Australia recognise arranged marriages for a spouse visa?
Australia recognises arranged marriages for a spouse visa where both people freely consented to the marriage and it is otherwise valid. An arranged marriage, in which families introduce the couple and help organise the marriage, is different from a forced marriage. A marriage entered into without real consent is void under the Marriage Act 1961 and cannot support a spouse visa. Where both partners chose to marry, the fact that their families arranged the introduction does not count against them. The Department looks at the relationship that exists now, not at how the couple first met.
How does the Department assess an arranged marriage?
The Department assesses an arranged marriage in the same way as any other marriage, by looking at the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A short courtship before the marriage is not by itself a reason for refusal, but the couple must show how the relationship has developed since. Our article on cultural differences in a partner visa explains how case officers are expected to approach cultural practices.
What evidence helps after an arranged marriage?
The evidence that helps most after an arranged marriage shows the relationship growing after the introduction: regular contact, visits, time living together, shared finances and joint plans. Family involvement is part of the social evidence, and wedding records, invitations and statements from relatives show the marriage was recognised by both families. Our article on partner visa commitment evidence explains how commitment is shown over time.
What if we spent little time together before or after the wedding?
Couples who spent little time together before or after the wedding can still apply, but the application should explain why and show how the relationship has been maintained. Work, study, visa processing or family duties often keep couples apart after an arranged marriage. Our articles on a long-distance relationship and on a short relationship explain how the Department weighs time apart and limited time together.
Do religious differences or family expectations affect the application?
Religious practices and family expectations can affect how the relationship is lived, for example whether the couple lived together before marriage or keep separate finances, and the application should explain these practices where they shape the evidence. Our article on religious differences in a partner visa covers how faith and custom are presented. The aim is to help the case officer understand the relationship on its own terms.
What if the Department doubts an arranged marriage?
If the Department doubts an arranged marriage, it may ask for more information or invite comment on its concerns before deciding. The response should deal with the specific concern, often the limited time together or differences between the partners' accounts. Our article on complex partner visa applications explains how these concerns are handled.
How does My Migration Lawyers prepare spouse visas after an arranged marriage?
My Migration Lawyers prepares spouse visas after an arranged marriage by explaining the couple's cultural context to the Department in plain terms and building evidence that shows how the relationship has developed since the introduction. The firm checks that the marriage is valid for Australian purposes, prepares the relationship statement with both partners and anticipates the questions a case officer is likely to raise. Sponsors can speak with our partner visa lawyers before lodgement.
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