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Discussion Starter · #1 ·
Hi,

I am from Pakistan, have moved to Australia after securing Permanent residency.

I am about to get married back home in upcoming month and was initially planning to apply for spouse visa for my wife after marriage is done. But to my surprise, I came to know, that even though your marriage is legal as per your home country, Australia doesn't entertain and accept marriage in case either of the applicant is underage 18 years.

I have following queries regarding this:

1. Are there any chances of my case getting approved or more probably is to have my fees wasted? I am not really sure if there is a way out to still provide backing documents to support your case. Any help?

2. Since Australia doesn't deem marriage at the age of 16 to be legal, regardless of the constitution of country where the marriage actually took place, how would I have to justify the case even if I tend to wait for my wife to get 18 years old? Would it still have any implication on my case, considering the marriage was done when she was 16?

3. If spouse visa is not really an option till she gets 18, can I opt for sponsoring visit visa to her?

4. Since sponsor can only sponsor one person (or unit) at a time, I was also initially planning to keep my mother with me on visit visa on regular basis. Would it be possible to sponsor both my wife and mother a visit visa at the same time?

I am sorry for coming up with so many queries but I really need expert advice here. Any suggestion and advice on this will be much appreciated.

Feel free to welcome only some of questions that you have the first hand experience about :)
 

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According to Immigration Policy your marriage will not be recognised in Australia. Even though getting married under the age of 18 is legal and accepted in Pakistan, it is not permitted or recognised under the Australian Marriage Act.

The reason your marriage will not be recognised in Australia is that you are now domiciled in Australia and not in Pakistan. This is covered in the Policy Advice Manual on Section 5F of the Migration Act (14.1 and 14.2)

14 Underage marriages
14.1 Marriage Act recog nition

The marriageable age in Australia is 18 years of age. The Marriage Act does, however, recognise certain foreign marriages where one or both of the parties are under 18 years old.

In such instances, the marriage is recognised if both parties were at least 16 years of age at the time of marriage and:

the marriage was valid in the country in which it was solemnized and
neither party to the marriage, for the purposes of the Marriage Act, was domiciled in Australia at the time of the marriage (for guidelines on domicile' see section 15 Dom icile).

14.2 If either party is domiciled in Australia
A marriage is not recognised as valid under the Marriage Act if:

one or both parties to the marriage were (under the Marriage Act) domiciled in Australia at the time of the (foreign) marriage and
either party was under Australian marriageable age at that time.
In these circumstances:

the marriage is incapable of being recognised under migration law but
provided both parties have now turned 18, they may be considered against s5CB 'de facto partner' provisions. (There is a requirement in regulation 2.03A regarding the age of de facto partners.)

This means that even when you wife turns 18 her marriage will not be recognised.

you will also need to be sure that you are legally able to sleep together under Australian Law after you get married.

So if you marry her at the age of 16, the marriage will not be recognised in Australia and you wont be able to apply for a partner visa for her.
 

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Child marriage is illegal in Australia there is no way to sponsor her until she is 18 years old and you have to marry after she turns 18 years old for it to be a valid marriage under Australian law.

You won't be able to sponsor her for a visitor visa either because your marriage will not be legal in Australia.
 

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How does this wording apply from: Partner Visa (Subclasses 820 And 801) Document Checklist

If you are married and your spouse is younger than 18 years of age, they cannot be your sponsor.
In that case, your sponsor's parent or guardian might be able to sponsor you. If this affects you, contact the nearest Australian Immigration office to find out which documents you need you to provide.
And from Getting married - Births, Deaths & Marriages Victoria

A person who is between 16 and 18 years of age can marry, provided the other party to the marriage is at least 18 years of age. Where two people are under the age of 18 they cannot marry one another.

A person who is 16 or 17 years of age must obtain a court order from a judge or magistrate allowing the marriage, and written consent from both parents, before they can marry.
 

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Plus, the first statement referred to a sponsor who is under 18, not the applicant.

Sent from my iPhone using Australia
 

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Discussion Starter · #9 ·
According to Immigration Policy your marriage will not be recognised in Australia. Even though getting married under the age of 18 is legal and accepted in Pakistan, it is not permitted or recognised under the Australian Marriage Act.

The reason your marriage will not be recognised in Australia is that you are now domiciled in Australia and not in Pakistan. This is covered in the Policy Advice Manual on Section 5F of the Migration Act (14.1 and 14.2)

14 Underage marriages
14.1 Marriage Act recog nition

The marriageable age in Australia is 18 years of age. The Marriage Act does, however, recognise certain foreign marriages where one or both of the parties are under 18 years old.

In such instances, the marriage is recognised if both parties were at least 16 years of age at the time of marriage and:

the marriage was valid in the country in which it was solemnized and
neither party to the marriage, for the purposes of the Marriage Act, was domiciled in Australia at the time of the marriage (for guidelines on domicile' see section 15 Dom icile).

14.2 If either party is domiciled in Australia
A marriage is not recognised as valid under the Marriage Act if:

one or both parties to the marriage were (under the Marriage Act) domiciled in Australia at the time of the (foreign) marriage and
either party was under Australian marriageable age at that time.
In these circumstances:

the marriage is incapable of being recognised under migration law but
provided both parties have now turned 18, they may be considered against s5CB 'de facto partner' provisions. (There is a requirement in regulation 2.03A regarding the age of de facto partners.)

This means that even when you wife turns 18 her marriage will not be recognised.

you will also need to be sure that you are legally able to sleep together under Australian Law after you get married.

So if you marry her at the age of 16, the marriage will not be recognised in Australia and you wont be able to apply for a partner visa for her.
Hi Jeremy,

Thanks a lot for detailed and kind response. Are you sure that now I am domiciled in Australia? I mean I am still on PR and haven't got the citizenship, still, having PR puts one in domicile category?

It's important, since, if that's the case, I will have to plan things differently, and may opt to get marriage done after she turns 18. A little long time, but I guess that will resolve these apparent, and probably issues.
 

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You are an Australian Permeant Resident.

I assume you will also want to be an Australian Citizenship holder at the first opportunity?

That means following Australian Laws!

Why don't you start NOW!!! You currently know she is "underage" as per title so illegal to marry here. (I think if can be proved even having sex with her there, is illegal here on your return). That should make you fail the character test.

You are in Australia now so be a MAN and do not marry this CHILD or stay in a country it is legal.

There is a State that allows sex slaves (just can not have sex with mother and daughter) and beheadings too - but for the sake of my own 16 year old daughter we will live here in Australia under Australian law.

I will not apologise for the fact I think your countries laws are wrong in relation to marriage of kids. (I think some Australian Laws are wrong too and I avoid them).
 

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I'm sorry if this sounds rude but surely you would already know that child marriage is illegal in Australia?
That may relate to under 16 as the law will recognise some under 18 getting married.

Men who "marry'' children under the age of 16 will face longer jail terms under new laws to ban child brides and forced marriage in Australia.


The Marriage Act does, however, recognise certain foreign marriages where one or both of the parties are under 18 years old


What the law says

One partner can be 16 or 17 years old but must have parent or guardian permission and a Magistrates Court order.
 

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You are an Australian Permeant Resident.

I assume you will also want to be an Australian Citizenship holder at the first opportunity?

That means following Australian Laws!

Why don't you start NOW!!! You currently know she is "underage" as per title so illegal to marry here. (I think if can be proved even having sex with her there, is illegal here on your return). That should make you fail the character test.
The age of consent regarding that, is actually from age 16. Isn't his young lady 17?
 

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Discussion Starter · #15 ·
You are an Australian Permeant Resident.

I assume you will also want to be an Australian Citizenship holder at the first opportunity?

That means following Australian Laws!

Why don't you start NOW!!! You currently know she is "underage" as per title so illegal to marry here. (I think if can be proved even having sex with her there, is illegal here on your return). That should make you fail the character test.

You are in Australia now so be a MAN and do not marry this CHILD or stay in a country it is legal.

There is a State that allows sex slaves (just can not have sex with mother and daughter) and beheadings too - but for the sake of my own 16 year old daughter we will live here in Australia under Australian law.

I will not apologise for the fact I think your countries laws are wrong in relation to marriage of kids. (I think some Australian Laws are wrong too and I avoid them).
Well, that pretty much answers my ambiguities. The best part of your reply is that when I am in Australia, (and while I am following all Australian laws), then I should follow this one as well, instead of the country of my birth.

Will definitely hold on to this now, to respect what this beautiful country has categorized as legal.

Thank you everyone for the clarity.
 

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That does sound like the best option.
 

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Discussion Starter · #19 · (Edited)
That may relate to under 16 as the law will recognise some under 18 getting married.

Men who "marry'' children under the age of 16 will face longer jail terms under new laws to ban child brides and forced marriage in Australia.


The Marriage Act does, however, recognise certain foreign marriages where one or both of the parties are under 18 years old


What the law says

One partner can be 16 or 17 years old but must have parent or guardian permission and a Magistrates Court order.
Luckily, parents permission is always documented in Pakistan, so that's not an issue. But still, I guess, better to be safe than sorry, is always a best choice.
 

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I welcome your decision.

The "sometimes" 16 law in Australia is one I was referring I do not like, another is arranged marriages (while I know they are highly successful in divorce rate stats) many must marry due to family shame if not carried out (and how is that decided in Australia law?).

But again I welcome the OP manly decision to wait till the girl is 18 - well done mate.
 
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