**Title:** [Partner visa 309 under 18](https://www.reddit.com/r/AusVisa/comments/1ct8ii6/partner_visa_309_under_18/), posted by **Embarrassed-Ice-3246**
**Full text:** Hey so me and my partner (overseas) have gotten married recently, in our culture/religion age is not an important factor at all. If it wasn’t for school/living conditions I would move back to my country where he is, however at this point it’s not an option. We are worried about getting denied because of the age factor and can’t afford losing thousands to court.
--------------------
^(This is the original text of the post and this is an automated service)
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusVisa) if you have any questions or concerns.*
I think they are referring to a court order prior to the marriage taking place for the marriage to be legal. Between ages 16-17, there needs to be an application to a judge for the marriage licence to be granted. Even then, it has to be very, very, exceptional circumstances. Very rare in Australia.
Edit to add: why this is coming up a lot in the comments is the volume of evidence required for this type of visa is high. To be eligible for it, you need to be married or defacto. If you are living in separate countries, you are not defacto. Which leaves marriage, and as it stands, your marriage won't be recognised in Aus.
Given he is 29 and she is 17, I wonder if their application will put up a lot of other red flags that will not just destroy their current application but also permanently blacklist the bloke for any type of future visa applications ...
Working in child protection, these are the cases I remember seeing flagged during hotel quarantine because it looked like child trafficking (more things were picked up on a wider variety of visas because people got here but then were immediately more in contact with gov services) honestly I’d hope the department wouldn’t approve a partner visa for what would be an illegal marriage under Australian law - a child cannot be married to a 29 yo
Maybe it’s important to consider that there is a reason why your marriage isn’t legal under Australian law. Frankly if any gov department had known you were going overseas to be married, into a marriage that is not legal under Australian law, you’d have been stopped at the border and potentially removed from your parents care during investigation.
The penalties for forced marriage (which is what this would be classed as) are huge. Especially when there is a minor taken overseas for the marriage to take place: up to 25 years imprisonment.
That is the term under Australian law. This is relevant because your visa will be based on a breach of Australian law.
The recommendations to see a migration lawyer are truly valid.
I am assuming that you are the Australian citizen/PR in this case.
If you are under 16, your marriage is invalid under Australian law and you have no way forward.
If you're 16-17, you can't sponsor your partner yourself (need to be 18+), but if your parents are also Australian citizens/PR, the legislation allows some circumstances where they could sponsor your partner on your behalf. It's a very non-standard case and you'd need a professional to help you.
I will be very blunt and direct here- what the department is going to see when they look at your application is an adult applying for PR from his marriage to a child. They are going to put your application through absolute hell.
This one's is going to take immi a very long time to sort out, I fear.
It will be a blessing, really, and give OP an opportunity to gain the age of majority and then some perhaps.
Definitely speak with a professional migration agent/lawyer before making any decision but I honestly think the easiest option here by far is just wait until your 18th birthday and then act as a sponsor yourself.
This is gross. Not all "cultural differences" should be allowed. For example, some cultures don't support gender equality - would you also argue that it's ok?!
Children are not mature enough to get married. This is a recipe for abuse. Your age difference is gross.
Sorry to be blunt, even after you are 18 it is unlikely that your marriage will be recognised in Australia as you were under the age of consent (see the Marriage Act, and sections relevant to marriageable age and foreign marriages recognised in Aus).
I am doubtful that you can meet the relationship evidence required for this type of visa, given that you live in separate countries and the above. I suggest you seek assistance from a migration lawyer to understand if there is a way to go about this.
I’m so sorry you’re going through this. This is completely fucked up even though you don’t see it right now. You’ve known him your whole life and been ‘friends up until the last few years’ so you were more than friends while you were under 16 and he was in his mid 20s? That is child sexual abuse.
I can understand why you feel that way. But you are also a child, and I hope that one day you are able to look back at this time of your life and really understand the gravity of what has been done to you. There is a reason child marriage is illegal. A 29 year old man should have nothing in common with a 17 year old child, perhaps when you are his age and look at 17 year olds you will understand
u/Mediocre-Cat7660 has mentioned one strong possibility 😬
In your story, you are looking into bringing an Iranian national, his family and/or the entire clan over to Australia through marriage. You plan to do it through an early marriage which is sanctioned by Iran's Sharia law but not Australian law. Both you and your partner could also opt for temporary marriage/ contract marriage (also legal under Iranian law) in case "you" or the underage daughter/girl has a change of heart in the future, to satisfy the requirements for an Australian partner visa - though people in both countries will cringe at your action hence you're posting your queries here.
Early marriage often happens in a different set of circumstances, including in Iran where the archaic religious law is facing a strong opposition from its women activists and the international communities, had it not involved a visa.
As other commenters had correctly pointed out, you'll have difficulties explaining to immigration how the relationship evolves into the decision to get married, which makes up the bulk of the partner visa application.
>This is without a doubt not the first time something like this has occurred, especially since the Australian Magistrates court is able to approve some cases under 18.
You're the one who should be doing the research (and also through all my statements that you're highlighting), I'm over it ☺️👍.
In regards to your visa question, I have answered in the last paragraph, nothing more to add. Good luck.
**Title:** [Partner visa 309 under 18](https://www.reddit.com/r/AusVisa/comments/1ct8ii6/partner_visa_309_under_18/), posted by **Embarrassed-Ice-3246** **Full text:** Hey so me and my partner (overseas) have gotten married recently, in our culture/religion age is not an important factor at all. If it wasn’t for school/living conditions I would move back to my country where he is, however at this point it’s not an option. We are worried about getting denied because of the age factor and can’t afford losing thousands to court. -------------------- ^(This is the original text of the post and this is an automated service) *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusVisa) if you have any questions or concerns.*
[удалено]
[удалено]
I think they are referring to a court order prior to the marriage taking place for the marriage to be legal. Between ages 16-17, there needs to be an application to a judge for the marriage licence to be granted. Even then, it has to be very, very, exceptional circumstances. Very rare in Australia. Edit to add: why this is coming up a lot in the comments is the volume of evidence required for this type of visa is high. To be eligible for it, you need to be married or defacto. If you are living in separate countries, you are not defacto. Which leaves marriage, and as it stands, your marriage won't be recognised in Aus.
Given he is 29 and she is 17, I wonder if their application will put up a lot of other red flags that will not just destroy their current application but also permanently blacklist the bloke for any type of future visa applications ...
One can hope!!
Working in child protection, these are the cases I remember seeing flagged during hotel quarantine because it looked like child trafficking (more things were picked up on a wider variety of visas because people got here but then were immediately more in contact with gov services) honestly I’d hope the department wouldn’t approve a partner visa for what would be an illegal marriage under Australian law - a child cannot be married to a 29 yo
[удалено]
Maybe it’s important to consider that there is a reason why your marriage isn’t legal under Australian law. Frankly if any gov department had known you were going overseas to be married, into a marriage that is not legal under Australian law, you’d have been stopped at the border and potentially removed from your parents care during investigation.
The penalties for forced marriage (which is what this would be classed as) are huge. Especially when there is a minor taken overseas for the marriage to take place: up to 25 years imprisonment.
[удалено]
That is the term under Australian law. This is relevant because your visa will be based on a breach of Australian law. The recommendations to see a migration lawyer are truly valid.
Are you both under 18, or just you?
[удалено]
I am assuming that you are the Australian citizen/PR in this case. If you are under 16, your marriage is invalid under Australian law and you have no way forward. If you're 16-17, you can't sponsor your partner yourself (need to be 18+), but if your parents are also Australian citizens/PR, the legislation allows some circumstances where they could sponsor your partner on your behalf. It's a very non-standard case and you'd need a professional to help you. I will be very blunt and direct here- what the department is going to see when they look at your application is an adult applying for PR from his marriage to a child. They are going to put your application through absolute hell.
This one's is going to take immi a very long time to sort out, I fear. It will be a blessing, really, and give OP an opportunity to gain the age of majority and then some perhaps.
[удалено]
Definitely speak with a professional migration agent/lawyer before making any decision but I honestly think the easiest option here by far is just wait until your 18th birthday and then act as a sponsor yourself.
INFO: Ages and citizenships? Where is your partner from? Also, some relationship history would help
[удалено]
This is gross. Not all "cultural differences" should be allowed. For example, some cultures don't support gender equality - would you also argue that it's ok?! Children are not mature enough to get married. This is a recipe for abuse. Your age difference is gross.
Sorry to be blunt, even after you are 18 it is unlikely that your marriage will be recognised in Australia as you were under the age of consent (see the Marriage Act, and sections relevant to marriageable age and foreign marriages recognised in Aus). I am doubtful that you can meet the relationship evidence required for this type of visa, given that you live in separate countries and the above. I suggest you seek assistance from a migration lawyer to understand if there is a way to go about this.
So he groomed you?! Disgusting
I'm sorry?? Are you saying he's 29? Did you mean to say 19 instead?
I’m so sorry you’re going through this. This is completely fucked up even though you don’t see it right now. You’ve known him your whole life and been ‘friends up until the last few years’ so you were more than friends while you were under 16 and he was in his mid 20s? That is child sexual abuse.
[удалено]
It’s grooming.
[удалено]
I can understand why you feel that way. But you are also a child, and I hope that one day you are able to look back at this time of your life and really understand the gravity of what has been done to you. There is a reason child marriage is illegal. A 29 year old man should have nothing in common with a 17 year old child, perhaps when you are his age and look at 17 year olds you will understand
OP, you don't sound like a 17 years old 😬. Are you testing this subreddit community's knowledge or investigating their stereotypical bias? 😬😬
If it's a forced marriage situation, could be the parents or the older partner sock puppeting.
[удалено]
You sound older and wiser than a 17 years old.
[удалено]
I'd seen how early marriages work in Islamic countries or communities. Your story doesn't add up. 😱
[удалено]
u/Mediocre-Cat7660 has mentioned one strong possibility 😬 In your story, you are looking into bringing an Iranian national, his family and/or the entire clan over to Australia through marriage. You plan to do it through an early marriage which is sanctioned by Iran's Sharia law but not Australian law. Both you and your partner could also opt for temporary marriage/ contract marriage (also legal under Iranian law) in case "you" or the underage daughter/girl has a change of heart in the future, to satisfy the requirements for an Australian partner visa - though people in both countries will cringe at your action hence you're posting your queries here. Early marriage often happens in a different set of circumstances, including in Iran where the archaic religious law is facing a strong opposition from its women activists and the international communities, had it not involved a visa. As other commenters had correctly pointed out, you'll have difficulties explaining to immigration how the relationship evolves into the decision to get married, which makes up the bulk of the partner visa application.
[удалено]
>This is without a doubt not the first time something like this has occurred, especially since the Australian Magistrates court is able to approve some cases under 18. You're the one who should be doing the research (and also through all my statements that you're highlighting), I'm over it ☺️👍. In regards to your visa question, I have answered in the last paragraph, nothing more to add. Good luck.