Is a Marriage Certificate Enough for a Spouse Visa?

Why is a marriage certificate not enough for a spouse visa?

A marriage certificate is not enough for a spouse visa because section 5F of the Migration Act 1958 requires more than a legal marriage. The couple must have a mutual commitment to a shared life as spouses to the exclusion of all others, a genuine and continuing relationship, and live together or not live apart on a permanent basis. A certificate proves the legal status but says nothing about the relationship itself. Our article on why partner visas get refused shows how married couples are refused when the evidence stops at the certificate.

What evidence does a married couple need besides the certificate?

A married couple needs evidence of the four aspects the Department assesses besides the certificate. Financial evidence includes shared expenses and support. Household evidence shows shared living arrangements and responsibilities. Social evidence shows that others know the couple as spouses. Commitment evidence shows time together, communication and long-term plans. Our article on the partner visa four pillars of evidence explains each aspect.

Do married couples need to have lived together for 12 months?

Married couples do not need to have lived together for 12 months before applying for a spouse visa. The 12-month requirement in regulation 2.03A applies to de facto couples. A married couple must still show that they live together or do not live apart on a permanent basis, so a couple who has lived apart since the wedding should explain why. Our article on partner visa short relationships explains how newer marriages are assessed.

Are wedding photos and guest statements enough for a spouse visa?

Wedding photos and guest statements are useful but are not enough for a spouse visa on their own. Photos show the ceremony on one day, while the Department wants evidence of a relationship over time. Form 888 statements from people who know the couple add weight when they describe the relationship in detail. Our articles on partner visa photo evidence and Form 888 statements explain what makes these documents useful.

What does the relationship statement add to a spouse visa?

The relationship statement adds the couple's own account of how they met, how the relationship developed, their decision to marry and their plans. A spouse visa has one relationship statement, which can be written jointly or with each partner contributing, and it ties the documents together. Our article on the partner visa relationship statement explains what to include. Where parts of the evidence look thin, such as separate bank accounts or time spent apart, the statement is also the place to explain why, so the decision maker does not have to guess.

How does My Migration Lawyers build spouse visa evidence beyond the certificate?

My Migration Lawyers reviews what a married couple already holds against each aspect the Department assesses, then identifies the gaps that a decision maker would notice. The firm prepares the relationship statement with the couple, advises on Form 888 statements and arranges the evidence so that it reads as one consistent account. Where the spouse is outside Australia, the firm also prepares the Subclass 309 visa application with the sponsor in Australia. Couples who have married recently can ask our partner visa lawyers to check their evidence before they lodge.