Is It Illegal to Marry for a Visa in Australia?

What makes marrying for a visa illegal in Australia?

Marrying for a visa is illegal in Australia when the marriage is a contrived arrangement made so that one person can obtain permanent residence, rather than a genuine relationship. Section 240 of the Migration Act 1958 makes it an offence to arrange such a marriage, and related provisions deal with contrived de facto relationships. People who arrange, organise or take part in these schemes can face prosecution, and the visa applicant and the sponsor may both be affected. The offence is about the purpose of the arrangement, not about the couple's nationality, the speed of the marriage or the age difference between them.

Is it illegal to marry someone who needs a visa?

Marrying someone who needs a visa is not illegal in Australia. Many genuine couples marry partly because it allows them to live together in Australia, and the law does not punish that. What the law targets is a marriage without a genuine and continuing relationship behind it. The Department assesses each spouse visa against section 5F of the Migration Act, looking at whether the couple has a mutual commitment to a shared life as spouses, as our article on the partner visa nature of commitment explains.

How does the Department detect a sham marriage?

The Department detects a sham marriage by comparing the couple's evidence, interviews and statements, checking earlier visa applications and considering information from other sources, including former partners. Inconsistent accounts of how the couple met, separate lives, payments to arrange the marriage and a lack of shared commitment raise concern. Our article on partner visa interview questions shows the kind of detail the Department tests.

What happens if a spouse visa is based on a sham marriage?

A spouse visa based on a sham marriage will be refused because the relationship requirement is not met. Where false or misleading information or a bogus document was given, PIC 4020 can apply, and a refusal under PIC 4020 can bar the applicant from many visas for a period. A visa already granted can also be cancelled where it was obtained through incorrect information. Our articles on PIC 4020 and non-genuine relationship refusals explain the consequences.

What if our genuine marriage looks unusual to the Department?

A genuine marriage that looks unusual to the Department can still meet the spouse visa requirements if it is properly evidenced and explained. Short courtships, arranged marriages, large age gaps, cultural reasons for living apart and limited joint finances are all common in genuine relationships. The answer is a clear relationship statement, consistent evidence and context for each unusual feature. Our article on partner visa cultural differences explains how context is presented.

How does My Migration Lawyers act for genuine couples facing sham marriage concerns?

My Migration Lawyers acts for genuine couples whose marriage has been questioned, starting with a close reading of the Department's concerns and the evidence already lodged. The firm identifies the gaps that make the relationship look contrived, gathers independent evidence and prepares a response that explains the relationship in the couple's own words without overstating anything. Where a refusal has already been made, the firm advises on partner visa refusal review within the time limit. Couples can speak with our partner visa lawyers before replying to the Department.