Can a Lawyer Help Bring My Spouse From Lebanon to Australia?
Key points
- A spouse outside Australia generally applies for the Subclass 309/100 partner visa, lodged online.
- The Subclass 309 is generally granted while the applicant is outside Australia.
- Documents in Arabic or French must be lodged with an English translation.
- A refusal of the Subclass 309 can be reviewed at the Administrative Review Tribunal by the visa applicant, in their own name.
Is a religious marriage in Lebanon recognised for an Australian spouse visa?
A religious marriage in Lebanon is recognised for an Australian spouse visa when it was valid under Lebanese law and is not excluded by the Marriage Act 1961. Marriages in Lebanon are performed by the religious authority of the couple's community and then recorded in the civil registry. Evidence of both the religious marriage contract and the civil registration is usually the safest proof. Our article on an overseas marriage that is not recognised explains what happens when a record is incomplete.
What if the couple married outside Lebanon?
A couple who married outside Lebanon, which some couples do because civil marriage is not performed in Lebanon, is generally recognised in Australia if the marriage was valid in the country where it took place. The certificate from that country is the main evidence, and any later registration in Lebanon supports it. Couples of different religions are often in this position. Our article on religious differences in a partner visa explains how the Department looks at interfaith relationships.
How should an earlier marriage or divorce be shown?
An earlier marriage or divorce should be shown through the document that ended it, such as a divorce issued by the relevant religious court or a death certificate, together with any civil registration of that change. If a previous marriage was not properly ended, the new marriage may not be valid and the couple may need to apply on another basis. Our articles on a partner visa while still married and a partner visa after divorce explain both situations.
Which Lebanese documents does the Department usually ask for?
The Lebanese documents the Department usually asks for are the passport, an individual or family civil registry extract, the marriage record and the judicial record used as a police certificate. Documents in Arabic or French need English translations showing the translator's details, as explained in our article on partner visa evidence translation. Police certificates from other countries where the applicant has lived may also be required.
How can family support strengthen a partner visa with a Lebanese spouse?
Family support can strengthen a partner visa with a Lebanese spouse because statements from relatives and friends in both countries show that the couple is known and accepted as married. Engagement and wedding events, family visits and contact with in-laws are useful evidence of the social aspects of the relationship. These statements are given on Form 888, explained in our guide to Form 888 for a partner visa. Wedding photographs help, but they do not replace evidence of the relationship as it continues.
How does My Migration Lawyers help sponsors with a spouse in Lebanon?
My Migration Lawyers helps sponsors with a spouse in Lebanon by checking the religious contract, the civil registration and any earlier divorce records together, so that the validity of the marriage is settled before the application is lodged. The firm prepares the Subclass 309/100 application and sponsorship, organises translations and deals with the Department until a decision is made. Our page on the Subclass 309 visa outlines each stage, and a sponsor can raise any concern about the Lebanese marriage record directly with our partner visa lawyers in a video consultation.
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