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

Is a marriage in China recognised for an Australian spouse visa?

A marriage in China is recognised for an Australian spouse visa when it was registered with the civil affairs marriage registration office and is not excluded by the Marriage Act 1961. Each spouse receives a marriage certificate after registration. A wedding banquet or family ceremony without registration is not a legal marriage, so a couple in that position may need to apply as de facto partners or register first. Our article on an overseas marriage that is not recognised explains the choices.

Which Chinese documents does a partner visa usually need?

The Chinese documents a partner visa usually needs are the passport, the resident identity card, the household register (hukou), the marriage certificate and, where relevant, notarial certificates for birth or earlier divorce. The applicant also needs a police certificate from China, usually a notarised certificate of no criminal record, for the period the Department specifies under the partner visa character requirements. All Chinese documents must have English translations, as set out in our article on partner visa evidence translation.

Can a spouse from China visit Australia while the partner visa is processed?

A spouse from China can apply for a visitor visa while the partner visa is processed, but the visitor visa is a separate application and may be refused if the Department is not satisfied the visit is temporary. The visitor visa may also carry a No Further Stay condition. Couples should plan the Subclass 309 grant, because the applicant generally needs to be outside Australia when it is granted. Our article on partner visa overseas travel explains the timing.

How does earlier Australian visa history affect a spouse from China?

Earlier Australian visa history affects a spouse from China because the Department compares the partner visa with every earlier student, visitor or skilled visa application. A relationship that was not declared on an earlier application, or details that differ, must be explained. Where false information was given before, PIC 4020 may become an issue. Our articles on an undeclared relationship and PIC 4020 explain how these problems are handled.

Can the relationship evidence include WeChat messages?

Relationship evidence can include WeChat messages and call records, and for couples living apart they are often central evidence of ongoing contact. The Department does not need every message. A selection across the whole relationship, with English translations of the parts in Chinese, is more persuasive than a large unsorted export. Our article on partner visa evidence translation explains how much needs to be translated.

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

My Migration Lawyers helps sponsors with a spouse in China by working in English with the sponsor and, where it helps, in Mandarin with the spouse and family, so that both partners understand each document before it is signed. The firm reviews the hukou, notarial certificates and earlier visa records for inconsistencies, then prepares the Subclass 309 visa application and the relationship evidence. Couples can learn more about Weiwei Zhang and book a video consultation through the form on this page.