Can I Get a Spouse Visa If We Married Soon After Meeting?
Key points
- The de facto 12-month requirement in regulation 2.03A does not apply to married couples.
- A married relationship under section 5F of the Migration Act requires a valid marriage and a genuine and continuing relationship.
- The Department assesses four aspects of the relationship under regulation 1.15A(3).
- Giving false or misleading information can engage PIC 4020.
Is there a minimum relationship length for a spouse visa?
There is no minimum relationship length for a spouse visa. The 12-month requirement in regulation 2.03A applies only to de facto partners, so a married couple can apply as soon as they have a valid marriage. Our article on the Subclass 820 de facto 12-month rule explains who that rule applies to and why married couples are treated differently.
Why does a quick marriage attract closer scrutiny?
A quick marriage attracts closer scrutiny because the Department has less history to assess and must be satisfied that the relationship is genuine rather than entered into mainly for a visa. A short courtship is not a reason for refusal on its own, but the couple need to show how well they know each other, how the decision to marry was made and what their shared life looks like now. Our article on a partner visa short relationship explains how case officers approach this.
What evidence helps when we married soon after meeting?
The evidence that helps most when a couple married soon after meeting shows depth and continuity: frequent contact from the start, time spent together, family involvement in the wedding, living together, shared finances and concrete plans. A detailed relationship statement explaining why the couple decided to marry quickly is especially important. Our article on partner visa commitment evidence explains how commitment is shown in a short relationship.
Does meeting online make a quick marriage harder?
Meeting online does not make a quick marriage harder in law, but the Department will want to see how the relationship moved from online contact to time together in person. Message histories, call records, travel to meet and the first in-person meetings help fill in the early stage of the relationship. Our article on a partner visa after meeting online explains what case officers look for.
What questions might the Department ask about a quick marriage?
The Department may ask about how the couple met, when and why they decided to marry, how much each knows about the other's family, work and history, and what their plans are. These questions may be asked in writing or in an interview. Both partners should answer honestly and consistently. Our article on partner visa approval tips covers what case officers commonly focus on.
What if a spouse visa is refused because the marriage was too quick?
If a spouse visa is refused because the Department was not satisfied the relationship was genuine, review may be available at the Administrative Review Tribunal within a strict time limit, and the relationship will usually be longer and better evidenced by the time of the hearing. Our article on a non-genuine relationship refusal explains the reasons the Department commonly gives.
How does My Migration Lawyers present a quick marriage to the Department?
My Migration Lawyers presents a quick marriage by telling the story of the relationship clearly and early, so the case officer understands why the couple married when they did before forming a view. The firm gathers evidence from the first contact onwards, prepares both partners for questions about each other's lives and checks earlier visa applications for anything that may conflict. Couples can speak with our partner visa lawyers about timing their application.
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