Can I Get a Marriage Visa If Our Marriage Was Not Registered?

Does a marriage have to be registered to count for a spouse visa?

A marriage does not always have to be registered to count for a spouse visa, but it must be valid under Australian law. Under Part VA of the Marriage Act 1961, an overseas marriage is generally recognised if it was valid in the place where it took place, subject to exceptions such as a party already being married or being under age. Where the law of that country makes registration a condition of validity, an unregistered ceremony may not be a valid marriage. Our article on an unrecognised overseas marriage explains how this arises.

What kinds of unregistered marriages cause problems?

The unregistered marriages that most often cause problems are religious or customary ceremonies that were never recorded with the civil authority, in countries where civil registration is required for a valid marriage. Problems also arise where a ceremony took place in a third country without following that country's formal requirements. The same ceremony can be valid in one country and not in another, so the place and form of the ceremony matter.

Can we register the marriage after the ceremony?

Many countries allow a marriage to be registered after the ceremony, sometimes with the effect of confirming the marriage from its original date. Whether late registration solves the visa problem depends on that country's law and on the documents the registry issues. The registration certificate, and any certified translation, should be provided with the application. Our article on partner visa evidence translation explains translation requirements.

Can we apply as de facto partners instead?

A couple whose marriage is not valid may be able to apply as de facto partners instead. They must then meet the de facto requirements, including the 12-month relationship period under regulation 2.03A unless the relationship is registered in an Australian state or territory or another exception applies. Our articles on the de facto partner visa and on the Subclass 820 de facto 12-month rule explain those rules.

Should we marry again in Australia?

Some couples choose to marry again in Australia under the Marriage Act 1961, which creates a marriage that is clearly valid for a spouse visa. This can be a practical solution where the original marriage cannot be registered, but timing and visa status must be planned first. Our page on the Subclass 820 visa explains the onshore pathway that usually follows a marriage in Australia.

Does an unregistered marriage still help as relationship evidence?

An unregistered marriage ceremony still helps as relationship evidence, even if it is not a valid marriage. Photographs, invitations and statements about the ceremony show that the couple presented themselves to family and community as committed partners. Our article on the partner visa four pillars of evidence explains how social and commitment evidence is assessed.

How does My Migration Lawyers deal with unregistered marriages?

My Migration Lawyers deals with unregistered marriages by first establishing whether the ceremony is a valid marriage for Australian purposes, based on where and how it took place. The firm then advises whether to register the marriage, marry again or apply on the de facto basis, and prepares the evidence for the chosen pathway so the Department does not have to resolve the question itself. Couples can speak with our partner visa lawyers about their documents.