What If I Cannot Get My Birth or Marriage Certificate?

What can I provide if I cannot get my birth certificate?

An applicant who cannot get a birth certificate can provide other official documents that show their identity, date of birth and parentage, together with a written explanation of why the certificate is unavailable. Depending on the country, this may include a national identity card, a family or household register, a passport issued on the basis of civil records, or official school or religious records. Evidence of attempts to obtain the certificate, such as a letter from the registry, strengthens the explanation. Our partner visa document checklist lists the identity documents usually expected.

What if we cannot get our marriage certificate?

A couple who cannot get their marriage certificate should first ask the authority that registered the marriage for an official registration record or extract, which some countries issue in place of a certificate. Where no official record of the marriage exists, the Department may not accept that a legal marriage took place. In that case, the couple may need to register the marriage late, marry again, or apply as de facto partners. Our article on an unrecognised overseas marriage explains these options.

Can we apply as de facto partners if the marriage cannot be proven?

A couple whose marriage cannot be proven can apply as de facto partners where they meet the de facto definition in section 5CB of the Migration Act 1958 and the 12-month requirement in regulation 2.03A, or an exception such as relationship registration. The relationship evidence then needs to show the de facto relationship in its own right. Our article on de facto partner visas explains the test and the exceptions.

Why should I never use a replacement document from an unofficial source?

An applicant should never use a replacement document from an unofficial source because a document that is not genuinely issued by the proper authority can be treated as a bogus document under PIC 4020. A PIC 4020 refusal can affect future visa applications for a period. It is always safer to explain honestly that a document cannot be obtained. Our articles on PIC 4020 and partner visa false documents explain the consequences.

Do documents with different names or dates cause problems?

Documents with different names, spellings or dates of birth cause problems where they are not explained, because they raise questions about identity. Variations are common where documents were issued in different languages or scripts, or where dates were recorded under a different calendar. The applicant should explain each difference and provide supporting records. Our article on partner visa evidence translation explains how translations should present names and dates.

How does My Migration Lawyers deal with missing civil documents?

My Migration Lawyers deals with missing civil documents by identifying early which official records the country concerned can still issue, which substitutes the Department is likely to accept and how the gap should be explained. Where a marriage record cannot be produced, the firm advises whether a spouse application can still proceed or whether a de facto application is safer. Sponsors whose partner is overseas can read about our Subclass 309 visa work, and applicants can speak with our partner visa lawyers about their documents.