Proxy marriage is a wedding ceremony in which one partner is physically not present. It looks like online marriage but there’s a little difference between them. In this marriage, a specific person signs the marriage documents on the behalf of the groom or bride.
While online marriages are usually performed through video calls via Skype or Zoom.
These marriages are performed when the groom or bride couldn’t attend the ceremony due to travel issues or if he’s a member of military forces. There could be many other reasons too. Nowadays, Covid-19 is a big reason for these marriages.
People aren’t able to move to another country due to travel restrictions so, they mostly prefer marriage by proxy.
Requirements for Proxy Marriage
There are certain conditions imposed by the Federal Government of Australia, which should be acknowledged before:
- The bride and groom must have had communication about proxy marriage so there won’t be any issues later.
- None of the partners should be forced for solemnizing the wedding ceremony.
- Mutual consent and permission from both parties are necessary.
- Both matrimonial parties have accepted all the conditions and regulations before performing.
- No insane person should be involved in the marriage
- No unfair influence
- The law of the land must allow and accept the marriage by proxy
Does Australia Allow Proxy Marriage?
The Federal Government of Australia allows its residents to go for proxy marriages. However, these types of marriages are still forbidden in most countries. So, if you’re living in Australia and want a proxy marriage then you can easily apply for it.
As you know, people couldn’t travel to Australia or can move out from Australia due to the ongoing pandemic issues. Travelling is banned, therefore, most people prefer proxy marriages while staying in Australia.
Can I apply for Partner Visa after I Get Married Online Australia?
If your spouse lives in Australia and you want to go there so, you’re eligible to apply for a Partner visa. The Government of Australia offers a Partner Visa with proxy marriage if you meet certain requirements. For instance, if you’re living in a state that allows proxy marriage so, Australia will definitely offer you the Partner Visa.
On the other hand, the Government of India doesn’t approve the proxy marriage so, Australia will reject the applicants from there. Australia only permits the Partner Visa applications from the countries, where these types of marriages are allowed by their law.
The Department of Home Affairs offers a Partner Visa to unite the spouses/partners in Australia. If you’re a spouse or de facto partner of an Australian permanent resident, Australian citizen or citizen of New Zealand, you can apply for a Partner Visa.
Partner visa has two subclasses, 820 and 801. Partner Visa 820 is a temporary visa. You can live, study and work in Australia with a Partner visa 820. You can stay in Australia with visa 820 until the Department of Home Affairs processes your permanent Partner Visa 801.
You can become a permanent resident of Australia even after online marriage. As, you can apply for a Partner visa. It’ll allow you to live with your partner in Australia permanently. Furthermore, you can attend free English language classes offered by the Adult Migrant English Program.
Conditions for Partner Visa
There are some conditions under which the Partner Visa gets accepted by the Federal Government of Australia.
- Your proxy marriage must have been approved or accepted by the law of the land.
- The law raises questions if you have ever met a person in real before applying for Partner Visa.
- The marriage shouldn’t be forced and must be pre-arranged with the mutual consent of the matrimonial partners.
However, it’s officially allowed in Australia to do proxy marriage and have a Partner Visa. You have to fulfill certain requirements and follow the rules for online marriage Australia.
Real Consent for Proxy Marriage in Australia
‘Real consent’ is a notion defined in the Marriage Act 1961 (Cth), derived from section 23B of that Act, which deals with grounds for annulment of marriages.
It states that a marriage is void if these conditions are met:
a) The consent of any such party is not real consent:
- It was gained under coercion or deception.
- The party is misinformed about the other party’s identity.
- The party cannot comprehend the nature of the marriage ceremony and the outcome of the marriage ceremony.
Foreign marriages are not recognized under s.88D(2)(d) of the Marriage Act 1961 (Cth) if real consent, as defined above, is not present.
Proxy marriage is the ultimate solution for the people living in another country due to travel restrictions in the time of the Covid Pandemic. It is accepted in Australia under certain conditions imposed by the Federal Government of Australia. Therefore, people are looking for the platforms to apply for Partner Visa to move to their spouses in Australia.
So, the Migration is giving the visa solutions and consultations that how they can be eligible for Partner Visa. We have official Registered Migration Consultants who give authentic information and guidelines for applying there. Book your free consultation today and call us at +61 449 550 100.
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