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

How is a marriage in Japan proved for an Australian spouse visa?

A marriage in Japan is proved for an Australian spouse visa through evidence that it was registered with the municipal office, usually an extract of the family register (koseki) showing the marriage, or a certificate of acceptance of the marriage notification. In Japan the registration, not the ceremony, creates the legal marriage. A wedding held without registration is not a legal marriage. Our article on an overseas marriage that is not recognised explains the options if registration did not happen.

Does a Japanese partnership certificate count as a marriage?

A Japanese partnership certificate issued by a local government does not count as a marriage for an Australian spouse visa, because it is not a legal marriage under Japanese law. It can still be useful evidence that a de facto relationship exists and when it began. Same-sex couples with a Japanese partner usually apply as de facto partners or after a valid marriage elsewhere. Our page on the LGBTI partner visa explains how these cases are prepared.

What if the Japanese partner is in Australia on a working holiday visa?

A Japanese partner in Australia on a working holiday visa may be able to apply for the Subclass 820 onshore while the visa is still in effect, if it does not carry condition 8503 No Further Stay. The onshore application gives a bridging visa, which keeps the partner lawful while it is processed. Couples relying on a de facto relationship must also meet the 12-month requirement or an exception. Our page on the Subclass 820 visa and our article on the de facto partner visa and the 12-month rule explain both points.

Which Japanese documents need translation?

The Japanese documents that need translation usually include the family register extract, residence records, any divorce records and the police certificate. The police certificate for Japan is issued by the National Police Agency, and the request process depends on whether the applicant is in Japan or overseas. Every Japanese document must have an English translation with the translator's details, as explained in our article on partner visa evidence translation.

How do couples with a Japanese partner show the four aspects of the relationship?

Couples with a Japanese partner show the four aspects of the relationship through evidence of shared finances, the household they keep, how they are known socially as a couple and their commitment to a future together. Couples who have lived in both countries should provide evidence from both, such as leases in Japan and Australia. Our article on the partner visa four pillars of evidence explains each aspect.

How does My Migration Lawyers help couples with a partner from Japan?

My Migration Lawyers helps couples with a partner from Japan by confirming early whether the couple holds a registered marriage, a partnership certificate or neither, because that decides whether the application is made as spouses or de facto partners. The firm then chooses between the onshore and offshore pathways, manages the translation of Japanese records and prepares the relationship evidence. Couples can speak with our partner visa lawyers by video from Australia or Japan.