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

Is an Indian marriage recognised for an Australian spouse visa?

An Indian marriage is recognised for an Australian spouse visa when it was valid under Indian law and is not excluded by the Marriage Act 1961. Marriages in India may be solemnised under personal laws such as the Hindu Marriage Act 1955 or under the Special Marriage Act 1954, and registration practice varies between states. A registered marriage certificate is the clearest evidence. Where only a religious ceremony took place, our article on an overseas marriage that is not recognised explains what to check.

Does an arranged marriage from India make a spouse visa harder?

An arranged marriage from India does not make a spouse visa harder in law, because the Department applies the same genuine relationship test to every marriage. In practice, couples who married soon after meeting have less shared history to show, so the evidence of contact before and after the wedding, family involvement and plans for life together needs careful presentation. Our article on partner visa cultural differences explains how cultural practice is considered.

Which Indian documents and certificates will the Department ask for?

The Indian documents and certificates the Department asks for usually include the passport, a birth certificate or other proof of date of birth, the marriage certificate and a police clearance certificate, which Indian citizens commonly obtain through the passport office system. Documents in Hindi or a regional language need English translations. Our articles on partner visa character requirements and partner visa evidence translation explain each requirement.

How does a previous student visa in Australia affect a spouse from India?

A previous student visa in Australia affects a spouse from India because the Department compares the partner visa with the earlier student application, including study history, declared relationships and any time without a visa. Inconsistencies must be explained, and false information given earlier can raise PIC 4020. Where the spouse is still in Australia, the onshore Subclass 820 may be available instead. Our article on PIC 4020 explains the integrity requirement.

How can a couple living apart after the wedding show commitment?

A couple living apart after the wedding can show commitment through regular contact, visits, money sent between them, plans for the spouse's arrival and the support of both families. The Department accepts that married couples sometimes live apart while a visa is processed, as long as the separation is not permanent. Records of the sponsor's visits to India, including boarding passes and photographs with both families, help show that the relationship continued after the wedding. Our article on the partner visa long-distance relationship explains how to evidence that time apart.

How does My Migration Lawyers help sponsors bring a spouse from India?

My Migration Lawyers helps sponsors bring a spouse from India by checking the marriage registration, the consistency of names and dates across Indian documents and any earlier Australian visa history before lodgement. The firm then prepares the Subclass 309/100 application, drafts the relationship statement with the couple, and manages Department requests through to a decision. Before the consultation, a sponsor may find it useful to read our page on the Subclass 309 visa, and our partner visa lawyers can then meet the couple by video wherever each partner is.