Is a Proxy or Online Marriage Valid for a Spouse Visa?

Can a proxy marriage be used for a spouse visa?

A proxy marriage can be used for a spouse visa only where it was legally valid under the law of the country where it took place and is recognised in Australia under Part VA of the Marriage Act 1961. Some countries allow a person to be represented at the ceremony by someone else, while others do not. The couple must show that the marriage was lawfully performed and registered, and the Department may ask for detailed evidence about the ceremony and the law that allowed it.

Is an online marriage recognised for an Australian spouse visa?

An online marriage is recognised for an Australian spouse visa only if it was valid under the law of the place where it was solemnised and is not excluded by Part VA of the Marriage Act 1961. An online ceremony raises a difficult question about where the marriage actually took place when the couple and the officiant are in different countries. Because the answer depends on foreign law and the facts of the ceremony, couples should obtain advice before relying on an online marriage. Our article on an unrecognised overseas marriage explains what happens when a marriage is not accepted.

Can we marry online or by proxy in Australia?

Couples cannot marry online or by proxy in Australia. The Marriage Act 1961 requires both people to be present in person before an authorised celebrant and two witnesses, after a Notice of Intended Marriage has been given. Couples who want certainty can marry in Australia or in a country where both can attend in person, and our page on the Subclass 300 visa explains how an engaged partner can come to Australia to marry.

What if our proxy or online marriage is not recognised?

A couple whose proxy or online marriage is not recognised may still be able to apply for a partner visa as de facto partners if they meet the de facto definition and the 12-month requirement, or an exception such as relationship registration. Couples who have rarely lived together may find this difficult. Our article on de facto partner visas explains the de facto requirements and the exceptions. A couple who can marry in person may find that a new ceremony, properly registered, is the simplest way to put the marriage beyond doubt.

Does the Department question the genuineness of proxy marriages?

The Department often questions the genuineness of proxy and online marriages because the couple may not have spent much time together in person. The couple must show a genuine and continuing relationship, with evidence of time together, regular contact and plans for a shared life. Our articles on couples who met online and the partner visa long-distance relationship explain the evidence that helps.

How does My Migration Lawyers assess proxy and online marriages for spouse visas?

My Migration Lawyers assesses a proxy or online marriage by examining how and where it was performed, how it was registered and whether Australian law is likely to recognise it, before the couple pays any visa charge. Where recognition is doubtful, the firm advises whether to apply as de facto partners, marry again in person, or use the Subclass 300 pathway. Couples can raise their marriage with our partner visa lawyers.