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

How is an Indonesian marriage shown for an Australian spouse visa?

An Indonesian marriage is shown for an Australian spouse visa through the official record of registration. For Muslim couples this is usually the marriage book (buku nikah) issued through the Office of Religious Affairs (KUA). For other couples it is usually a marriage certificate from the civil registry. A religious ceremony that was not registered may not be accepted as a legal marriage, and our article on an overseas marriage that is not recognised explains what can be done.

What can a couple do if they cannot marry in Indonesia?

A couple who cannot marry in Indonesia, for example because Indonesian law does not allow their marriage, can apply as de facto partners or marry in another country where the marriage is valid. Same-sex couples cannot marry in Indonesia, but they can apply for an Australian partner visa as de facto partners or after a valid marriage elsewhere. Our page on the LGBTI partner visa explains how these relationships are evidenced, including where family members do not know about the relationship.

What documents from Indonesia does a partner visa usually need?

A partner visa from Indonesia usually needs the passport, the national identity card, the family card (Kartu Keluarga), a birth certificate, the marriage record and a police certificate. The Indonesian police certificate is the SKCK issued by the Indonesian National Police. Documents in Indonesian need English translations, as explained in our article on partner visa evidence translation. Police certificates from other countries where the applicant has lived may also be required under the partner visa character requirements.

Can a couple who cannot live together before marriage still apply?

A couple who cannot live together before marriage for cultural or religious reasons can still apply for a partner visa, because a married couple does not need a period of living together before applying. De facto couples face a harder test, since the de facto definition generally expects the couple to live together or not live apart permanently. Our article on religious differences in a partner visa and our article on partner visa cultural differences explain how the Department considers these situations.

What if the Indonesian partner is studying or working in Australia?

An Indonesian partner who is studying or working in Australia on a substantive visa may be able to apply for the Subclass 820 onshore, if the visa does not carry condition 8503 No Further Stay or a waiver is granted. The onshore application gives a bridging visa while the application is processed. Our page on the Subclass 820 visa explains the requirements and how they differ from the offshore pathway.

How does My Migration Lawyers help sponsors with a partner in Indonesia?

My Migration Lawyers helps sponsors with a partner in Indonesia by checking the marriage record, the family card and the partner's earlier visa applications for consistent names and dates, which are a frequent source of Department questions. The firm advises whether a spouse, de facto or onshore application fits the couple, prepares the application and the relationship evidence, and answers Department requests on the couple's behalf. Sponsors can speak with our partner visa lawyers by video, and read our page on the Subclass 309 visa before booking.