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SA Apply for Spouse Visa 820 - Re-marriage in Australia?

Discussion in 'Immigration Law Forum' started by rookrin, 2 February 2015.

  1. rookrin

    rookrin Member

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    Hi,
    Would like to know if do I need to remarry here in Australia to apply for a Spouse Visa 820 for my partner/wife? I'm on a visa 801 ( Permanent Residency) and recently got my divorce sorted.

    While I was separated with my ex, I married my partner abroad. Now she's on an ETA visa.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Rookrin,

    As you are already married abroad, you do not need to remarry in Australia. However, you will need to show, under Australian law (Marriage Act 1961 (Cth)) that your foreign marriage is valid and legitimate. A foreign marriage certificate is presumed to be evidence of marriage in Australia (this is rebuttable). Further, the marriage is valid in Australia if:
    • Marriage is valid under the laws of the foreign country in which the marriage ceremony took place
    • Marriage would have been recognised in Australia (in Australia, you cannot marry another person if you are still married (i.e. divorce not finalised) hence, this may be an issue in your case)
    The Australian-General's Department looks after this so you can give them a call for further enquiries. You can also enquire with the Births, Deaths and Marriages Department in South Australia.

    Note that even though your partner (now wife) is married (and the marriage is recognised in Australia) to a permanent resident of Australia does not automatically qualify her for permanent residency in Australia. She will still need to apply for a partner visa.
     
  3. rookrin

    rookrin Member

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    I saw in the Family Court of Australia website that I could not remarry during the separation period with my ex-wife until the divorce is final. I was already separated for 2 years with my ex-wife when I married my current wife. Thank you soo much for your reply. Hopefully everything goes smooth in this application.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Rookrin,

    Hope it all turns out for you. It does appear that if you did not get a legal divorce with your ex-wife before marrying your current wife, there may be some problems with Australia recognising the new marriage. In this case, you may need to re-marry or show additional verification of the marriage. Again, give the Australia-General's department and Birth, Deaths and Marriages SA a call for more specific advice.
     
  5. Mitchell Kelly

    Mitchell Kelly Well-Known Member

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    Hi Rookrin,

    I agree with what Sarah J has said above about your marriage. If the marriage is not recognised here, you may need to look at other options to establish your relationship meets the criteria for the visa.

    The only concern I have is whether 5 years has passed since your own 820/801 application was lodged as is required for you to sponsor your new wife.

    If this is not the case, you may wish to seek the advice of a migration agent for further direction.
     

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