Proxy Marriages and Australian Immigration Law
Getting married over Skype or Zoom? Is it recognised?
As the Australian Federal Government released their 2020-21 Federal Budget just a couple of days ago, the partner visa law changes have once again become a hot topic since 2018-2019.
It is devastating enough for international couples who were planning to get married in 2020 to have their plans scrapped, the Australian government has proposed to impose English requirements for both the Applicant and the Australian Sponsors.
Not to forget, this new law may come with the overall changes that the government had also succeeded to pass back in 2018-2019.
Of desperation and to carry out the plans for the wedding, despite the travel restrictions, we have come across a concept of proxy marriages.
What are Proxy Marriages and what does it mean for Partner visa applicants?
Proxy marriages, or weddings of proxy, take place when neither the bride or the groom are physically present for the ceremony. Or in simple terms, getting married over Skype/ Zoom/ Facetime or similar alike.
A proxy marriage is not a legally recognized form of marriage in Australia because a couple must be physically present at a wedding ceremony for the marriage to be valid.
However, if the proxy marriage takes place somewhere it is recognized and is legally registered in that jurisdiction; Australian laws will recognize that marriage under common law.
Again, proxy marriages will be accepted under the Australian laws as a valid marriage as long as it is legally valid and registered in the jurisdiction where the wedding took place, where the following elements must be satisfied:
the law of the country where the marriage was solemnized (that is, where the marriage celebrant authorized the marriage) permits consent to be given by proxy; and
the marriage was solemnized in accordance with that law; and
both parties gave real consent to the marriage
A couple may be able to use this to prove that they are in a spousal relationship to satisfy the following:
1. COVID Travel Restrictions
Australia allows for an automatic travel exemption to immediate family members to an Australian citizen or permanent resident, such as a spouse.
2. Partner Visa Application
If you are in a spousal (married) relationship with an eligible Australian partner, you may be eligible for a permanent visa through partner migration.
Although proxy marriages are technically accepted, do not assume that it will be an assured entry to Australia.
The officers of the Department of Home Affairs will impose additional scrutiny to assess your relationship more than couples who got married ‘traditionally’.
If you are those who got married by proxy and would like to enter Australia, and/or apply for a partner visa, please contact us.
How Can Agape Henry Crux Help
If you are looking to apply for the Partner visa, please contact our team. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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