Get Married Online Australia – Is It Allowed in 2022?

Do you want to get married online Australia? If yes, then you must know if it’s even allowed in Australia or not. In 2020, many weddings went straight to Zoom or Skype. The deadly Coronavirus has badly affected travel activities all over the world.

The Australian Government had to put strict travel restrictions in 2020. It had to close international borders to protect its people from Covid-19. Due to this, people who were about to get married in Australia were bound to be married online. Though, if you couldn’t visit Australia and think about online marriage, you must know whether it’s legal or not in 2022.

So let’s get straight into the details of online marriage in Australia and find out if Australia accepts it.

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Is It Allowed to Get Married Online Australia?

If you’re thinking about getting married in Australia online, then it’s not possible. According to the Marriage Act 1961 administered by the Attorney General’s Department, online marriage Australia isn’t acceptable.

It’s not legal to get married to your partner online in Australia. As per the Marriage Act 1961, an authorized celebrant and two witnesses must be present in the wedding ceremony.

Your marriage will not be legal if a celebrant and witnesses aren’t physically present. If you want to get married online Australia, you can’t. The only way to legally get married in Australia is when a celebrant, 2 witnesses and the couple is physically present at the location.

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Is Online Marriage Acceptable in Australia for Partner Visa | Difference btw Online & Proxy Marriage

What is the Difference between Online Marriage and Proxy Marriage?

Online marriages are usually conducted via video calls using Skype or Zoom. People consider online marriages when they can’t be physically present at the wedding place. On the other side, proxy marriage is way different than online marriage.

Proxy marriage seems like an online marriage. However, it’s a bit different from online marriage. In proxy marriage, a third party signs the marriage documents on behalf of the groom or bride.

According to Australian law, consent must be given in person by both parties. Many countries don’t allow proxy marriages, but Australia does. A proxy marriage is accepted in Australia only if it’s recognized by the country where it was solemnized.

What is a Partner Visa 309 and 100?

A Partner Visa is for partners/spouses of Australian permanent residents, Australian citizens and eligible citizens of New Zealand. It allows them to live in Australia with their partners permanently. Australia offers Partner Visas 309 and 100 for overseas applicants.

If you live outside Australia, you can apply for visas 309 & 100. Partner Visa 309 is a temporary visa. At the same time, a 100 visa lets you stay in Australia permanently. You can live in Australia on visa 309 until Home Affairs decides on your visa 100 application. If you want to apply for a Partner Visa with a high chance of visa approval, feel free to contact us anytime.

Live with your de facto partner or spouse in Australia permanently with Partner Visa.

Once you obtain a Partner Visa 100, you can permanently live, study, and work in Australia. It’s a perfect pathway for overseas people to move to Australia. Partner visa helps people to reunite in Australia and live together.

Enroll in Medicare, a public healthcare scheme in Australia, to get medical services there.

Partner visa 309 & 100 cost AUD 7,850. You might also have to pay for police certificates or biometrics. As a Partner Visa holder, you can sponsor your relatives to visit Australia. You become an Australian permanent resident from the date you’re granted a Partner Visa. As a permanent resident, you can enroll in Medicare to get medical services in Australia.

Proxy Marriage and Immigration Law Australia

Even though Australia doesn’t recognize proxy marriages that take place in Australia, If the proxy marriage is legally recognized and registered in the country where it happens, Australia may consider it for immigration purposes under”common law.”

So, a couple might be able to set up a proxy marriage and then use that marriage to apply for a subclass 309. If granted, the offshore partner will meet the definition of an “immediate family member,” which is a spouse, so the 309 partner visa holder will not need a travel exemption to go to Australia.

The couple must show the Department that:

The law of the country where the marriage was solemnized (that is, where the marriage celebrant authorized the marriage) allows consent to be given by proxy.
The wedding was solemnized according to that law, and both parties gave “real consent” to the marriage, as defined by Departmental policy.

In order for them to be able to spend the rest of their lives together, they still need to demonstrate that:

They both want to spend the rest of their lives together and won’t spend time with anyone else
Their relationship is real and lasting, and they don’t live apart all the time.

What is a Double Proxy Marriage?

In a double proxy marriage, proxies may sign a marriage license for a couple who’s unable to attend their own wedding and needs the marriage to be documented. Organizing a double proxy wedding will not affect your special day. It’ll make the legal process of your marriage more convenient and efficient for you.

Can you Get Married Online Australia? – Final Thoughts!

It’s impossible to get married online Australia. As the Australian Government doesn’t allow online marriages. So, if you think about getting married online, your marriage will not be legal. Though, you can be married by proxy. No matter whichever way you choose to marry, make sure you respect the Australian laws. If you need more help to marry your partner in Australia, feel free to Book Consultation with our Migration Experts!

Nasir Nawaz

I’m Nasir Nawaz. I’m a registered migration consultant in Australia. I am based in Sydney. I’ve studied Master of Laws at the University of New South Wales. I’m providing immigration services for several years.

Consult with me for legal advice on Australian visas to permanently live, study, and work in Australia.