Can I Apply for a Partner Visa If I or My Partner Is Under 18?

Can I get a de facto partner visa if one of us is under 18?

A de facto partner visa cannot be granted if either partner was under 18 when the application was made. Regulation 2.03A(2) of the Migration Regulations requires both the visa applicant and the partner to have been at least 18 at the time of application. Turning 18 before the decision does not fix the problem, so the couple must wait until both are 18 before lodging. Our article on the de facto partner visa explains the other de facto requirements, including the 12-month rule.

Can a married person under 18 apply for a spouse visa?

A married person under 18 can apply for a spouse visa only if the marriage is valid under Australian law, which is rare. Australian marriageable age is 18. A person aged 16 or 17 can marry in Australia only with a court authorisation and only to someone who is at least 18. An overseas marriage involving a person under 18 raises serious questions about whether it is recognised in Australia at all, and the Department assesses these marriages with particular care. Our article on an overseas marriage not recognised explains how the Department assesses the validity of foreign marriages.

Can a prospective marriage visa be used when one partner is under 18?

A prospective marriage visa cannot be used to get around the age rules, because the intended marriage must be valid under Australian law and the couple must have met as adults. Couples where one partner is under 18 should wait until both are adults and the relationship can be properly evidenced. Our page on the Subclass 300 visa explains the requirements for prospective marriage.

Does the Department look more closely at young applicants?

The Department looks closely at partner visa applications involving young applicants, because the law is designed to protect minors and to prevent forced and underage marriage. Forced marriage is a criminal offence in Australia. Applicants should expect detailed questions about how the relationship began, the role of families and whether both people freely consented. Our article on cultural differences in partner visas explains how family involvement in a relationship is assessed.

What about children under 18 included in a partner visa?

Children under 18 can be included in a parent's partner visa as dependent children, which is different from being a partner. A child applicant must satisfy the child protection criteria, including PIC 4017 on consent from anyone who can decide where the child lives and PIC 4018 on the child's best interests. Our article on a partner visa with a child who has a disability shows how closely child applicants are assessed.

How does My Migration Lawyers advise couples where one partner is young?

My Migration Lawyers advises couples where one partner is under 18 on when an application can lawfully be made, and on how to build evidence of the relationship in the meantime without creating problems for a later application. The firm explains the age rules plainly at the outset, so that the couple do not lodge an application that cannot succeed. Couples can speak with our partner visa lawyers about timing.