Certain marriages in Australia are not acknowledged by the Australian Marriage Act, and as a result, they are not recognized under the Partner visa provisions in the Australian Migration Act.
Marriages between related individuals
Marriages between closely related individuals are considered invalid under the Australian Marriage Act. These prohibited relationships include:
The Department of Home Affairs (DHA) will also not recognise the above-mentioned prohibited relationships. The DHA may refer visa applicants to undergo DNA testing to confirm the relationship between an applicant and sponsor, if any suspicion arise that the applicant and the sponsor are related by family.
However, marriages between cousins or between nephews/nieces and aunts/uncles are not prohibited under the Marriage Act and, therefore, meet the requirements for a Partner visa.
Underage Marriages
The legal age for marriage in Australia is generally 18 years. However, the Marriage Act allows marriages of individuals under 18 years of age in exceptional circumstances. Additionally, the Marriage Act recognizes certain foreign marriages where one or both parties were under 18 years old.
For such foreign marriages to be recognized under the Marriage Act, both parties must have been at least 16 years of age at the time of the marriage, and the marriage must have been valid in the country where it took place. Furthermore, neither party should have been residing in Australia at the time of the marriage.
A marriage is not recognized as valid under the Marriage Act if:
If a person between the ages of 16 and 18 is living permanently in Australia, they are considered of marriageable age only if an Australian judge or magistrate has granted an order under the Marriage Act authorizing the marriage with another specified person. Such an order remains valid for three months.
Visa matters including marriages between related or underage individuals are complex in nature and require careful case management. If you are not sure whether your relationship meets the Australian partner visa requirements, we encourage you to seek advice. Managing complex matters through the migration system requires the expertise of an experienced migration agent. Get in touch with Heenan & Browne Visa Migration Services today. Our migration agents are highly experienced in managing complex visa matters.
