It is very necessary to be able to identify what is a legal marriage for the purpose of making a valid application for a Partner Visa. In many countries it is very common to have traditional weddings. Even in Thailand, many Thai-Thai and Thai-Foreigner couples are married this way. Unfortunately, these types of marriages are not recognised by the Department of Immigration and Citizenship (DIAC), and therefore not considered as a legal or valid marriage under the Migration Act.

Any performed ceremony, may it be religious or not, both cannot be used for partner visa application process.

Traditional marriages outside of Australia may not be officially recognised under the law of that country. The marriage should have formal documentation attached to it and needs to be registered with the government. For marriage to be legal under Australia’s Migration Act, and to be eligible to apply for a Partner Visa, does not mean that you have to be married in Australia. If you are married in another country, which would be fine as long as such marriage is recognised in that country. Exceptions to same sex marriages, underage marriages and polygamous marriages which are prohibited in Australia.

It is necessary to know that DIAC does not only consider if the couples are legally married, but also whether or not they are in an actual married relationship. DIAC states that those couples in a married relationship should be:

  • Legally married to each other for the purpose of the Migration Act;
  • Have mutual commitment to a shared life as husband and wife;
  • Relationship between the couple should be genuine and continuous;
  • Live together and not live separately on a permanent basis;

Always take proper legal advice from a Lawyer in Bangkok to ensure that you are in the legally correct position.

https://www.lawfirm-bangkok.com/wp-content/uploads/2018/11/pexels-photo-1024x683.jpghttps://www.lawfirm-bangkok.com/wp-content/uploads/2018/11/pexels-photo-150x150.jpgJSImmigrationaustralian visaIt is very necessary to be able to identify what is a legal marriage for the purpose of making a valid application for a Partner Visa. In many countries it is very common to have traditional weddings. Even in Thailand, many Thai-Thai and Thai-Foreigner couples are married this way....Law Firms in Thailand