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Proxy Marriage Australia-What is it, and how does it work?

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In desperate times, desperate measures always are there. Australia’s international border restrictions have driven more people to seek proxy marriages. Due to the strain of a year and a half separation. It can assist the overseas partner in obtaining a visa to enter Australia and reconnect with their Australian partner.

Proxy marriage Australia is there for many reasons, such as travel limitations, military service, etc. Due to the current Covid19 situation, people who cannot move to Australia due to travel limitations prefer proxy marriage.

What is Proxy Marriage, and what are its reasons?
Proxy marriage is a type of wedding in which one or both the bride and groom are not physically present at the ceremony. But represent by other individuals. To put it simply, it they marry online via Skype, Zoom, or Facetime.

A double proxy wedding happens when both partners are not there. Proxy or online marriages evolve from virtual gatherings and classes and are now in several nations.

Are proxy marriages legal in Australia?

A proxy marriage is not valid in Australia because a couple must be physically present at the wedding ceremony. In Australia, if the proxy marriage occurs in a jurisdiction recognize and legally register. That marriage recognizes under common law. 

The following conditions must be there for a proxy marriage Australia.

    1. The consent of any such party is not a real consent. Consent must be given by law in countries where proxy marriages are.

      • Under the law of the country, the marriage perform. 
      • Both parties gave real consent to marriage.


      Can I apply for Partner Visa based on Proxy Marriage Australia?

      Many factors influence the answer to this question. To apply for an Australian Partner visa on your married relationship. You must be able to be classify as a “spouse” under the Migration Act 1958, Section 5F.

      According to Section 5F(2)(a) of the Act, you and your spouse must marry under a legitimate marriage to consider a married relationship. 

      While a proxy marriage is not genuine under the Marriage Act 1961 (Cth), the Department of Home Affairs believes that while Australian law requires both spouses to provide permission in person. Marriage by proxy is legal in some nations and can regard as valid in some circumstances.


      Real Consent for Proxy marriage 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 the following conditions are there: 

    2. It was under coercion or deception.
    3. The party is misinforme about the other party’s identity.
    4. The party cannot comprehend the marriage ceremony’s nature and outcomes of the marriage ceremony. Foreign marriages are not recognize under s.88D(2)(d) of the Marriage Act 1961 (Cth). If real consent, as defined above, is not present.
      Requirements for Proxy Marriage Australia?
      There are some requirements set by the Australian Federal Government that need to be accepted before proceeding:

      • The bride and groom must have communicated about proxy marriage. So there are no complications afterward.
      • No one should oblige to perform the wedding ceremony solemnly.
      • Both parties’ permission and mutual consent should be.
      • Before executing, both parties have agreed to all terms and circumstances.
      • Insane people should not be on to involve in marriage.
      • There shouldn’t be excessive pressure.
      • The marriage by proxy must permit and accept the legislation of the land.


       The Department of Home Affairs suggests that the marriage may recognize for the purposes of s. 5F(2)(a) of the Act. If all of the requirements mentioned above to the validity of the marriage overseas and real consent are met.

       

      Conditions for getting a Partner Visa through a proxy marriage Australia

        • The law of the land must approve or accept your proxy marriage.
        • The legislation asks if you’ve ever met someone in person before applying for a Partner Visa
      • Marriage should be with the marital parties’ mutual permission.   


      Conclusion

      Proxy marriage Australia is an excellent option for those apart from their loved ones. Who cannot unite because of travel restrictions and several other reasons. But as it is not valid in Australia until it is legal. If proxy marriage is proved legal and legitimate, the next step to proxy marriage is applying to apply for a partner visa.

      As with all subjects relating to Australian visas. It is critical to producing appropriate documentary evidence. To show that a proxy marriage is genuine for Partner visa purposes. Failure to demonstrate the legitimacy of the marriage can result in the Partner visa application. And denied and the application expenses paid.

      For more details related to partner visas and proxy marriages, contact us at The Migration. We will be glad to help you.

       

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