Can a Lawyer Help Bring My Spouse From Bangladesh to Australia?

Which visa does a spouse from Bangladesh need to join an Australian partner?

A spouse from Bangladesh who is outside Australia usually needs the Subclass 309/100 partner visa, which is a two-stage visa assessed first for the temporary Subclass 309 and later for the permanent Subclass 100. The Australian sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Couples who are engaged but not yet married may instead consider the Subclass 300 prospective marriage visa. Our guide to the offshore partner visa explains how the offshore pathway works.

Will Australia recognise a marriage that took place in Bangladesh?

A marriage that took place in Bangladesh is generally recognised in Australia if it was valid under Bangladeshi law and is not excluded by the Marriage Act 1961, for example because one party was already married or did not freely consent. Muslim marriages in Bangladesh are commonly recorded in a nikahnama registered by a marriage registrar, often called a kazi. Where the registration is incomplete or the dates differ between documents, the Department will ask questions, so the record should be checked before lodgement. Our article on an overseas marriage that is not recognised explains the options when a problem is found.

How does an arranged marriage from Bangladesh affect the partner visa?

An arranged marriage from Bangladesh is assessed in the same way as any other marriage, by asking whether the couple has a genuine and continuing relationship and a mutual commitment to a shared life. The arrangement itself is not a reason for refusal. The difficulty is that couples in arranged marriages may have spent little time together before the wedding, so the evidence of contact, visits, family involvement and future plans carries more weight. Our article on cultural differences in a partner visa explains how the Department approaches cultural practice.

What documents from Bangladesh cause the most problems?

The documents from Bangladesh that cause the most problems are usually those where names, spellings or dates of birth differ between the passport, the birth record, the nikahnama and earlier visa applications. Every inconsistency needs an explanation, and documents in Bengali need accurate English translations, as explained in our article on partner visa evidence translation. The applicant will also need a police certificate from Bangladesh and from any other country where they have lived for the period the Department specifies, under the partner visa character requirements.

What should an Australian sponsor of a spouse from Bangladesh prepare?

An Australian sponsor of a spouse from Bangladesh should prepare proof of their own identity and status in Australia, evidence of visits to Bangladesh, records of regular contact and any money sent to support the spouse. The sponsor also gives information about previous partner sponsorships, and the couple provides one relationship statement covering how the relationship began and developed. Our article on the partner visa long-distance relationship explains how time apart is evidenced.

How does My Migration Lawyers help sponsors with a spouse in Bangladesh?

My Migration Lawyers helps sponsors with a spouse in Bangladesh by reviewing the nikahnama or other marriage record, the spouse's identity documents and any earlier Australian visa history before anything is lodged. The firm then prepares the Subclass 309/100 application, the sponsorship and the relationship evidence, and deals with the Department on requests for further information. Sponsors anywhere in Australia can speak with our partner visa lawyers by video, and the couple can review the firm's page on the Subclass 309 visa before the consultation.