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

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rookrin

Member
2 February 2015
2
0
1
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.
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
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.
 

rookrin

Member
2 February 2015
2
0
1
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.
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
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.
 

Mitchell Kelly

Well-Known Member
8 February 2015
18
5
99
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.
 

Anny Sheikh

Member
22 January 2024
1
0
1
At Atalantis Visa, we understand that circumstances in life may change, including re-marriage. When applying for the Spouse Visa 820, it's essential to consider certain factors related to re-marriage in Australia.

If you have remarried or are considering it while holding a Spouse Visa 820, it's crucial to be aware of the impact on your visa status. Re-marriage may affect the assessment of your ongoing genuine and continuing relationship with your sponsoring partner.

To ensure a smooth process and address any potential implications, we recommend seeking professional advice from our experienced migration consultants. Our team at Atalatis Visa is here to guide you through the complexities of the visa application process, considering your unique circumstances.

For personalized assistance and insights tailored to your situation, please feel free to contact or visit our website page Partner Visa 820 Australia, or schedule a meeting with one of our experts.
 
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