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

Which partner visa applies to a spouse from Mongolia?

The partner visa that applies to a spouse from Mongolia depends on where the spouse is when the application is lodged. A spouse in Mongolia generally applies for the Subclass 309/100, and a spouse already in Australia on a substantive visa may be able to apply for the Subclass 820/801. Our guides to the offshore partner visa and the onshore partner visa explain how each pathway works.

What if the Mongolian partner is in Australia on a student visa?

A Mongolian partner in Australia on a student visa may be able to apply for the Subclass 820 onshore while the student visa is in effect, if it does not carry condition 8503 No Further Stay. The partner must continue to meet the student visa conditions while that visa remains in effect, even after the partner visa application is lodged, because the bridging visa only takes over when the student visa ends. If the student visa has already expired, Schedule 3 applies and compelling reasons are needed, as explained on our page on Schedule 3 waivers.

How is a Mongolian marriage proved for a spouse visa?

A Mongolian marriage is proved for a spouse visa through the official marriage certificate issued by the civil registration authority, translated into English. A marriage valid in Mongolia is generally recognised in Australia unless the Marriage Act 1961 excludes it. A traditional celebration without civil registration may not be a legal marriage, in which case the couple may apply as de facto partners. Our article on an overseas marriage that is not recognised explains the options.

What translation issues arise with Mongolian documents?

The main translation issue with Mongolian documents is the spelling of names when Mongolian Cyrillic is written in English. A name can be spelt differently on the passport, the translated birth certificate and earlier visa applications. The translations should follow the passport spelling, and any difference should be explained in the application. Our article on partner visa evidence translation sets out what the Department expects from translators.

How can a young relationship meet the de facto requirements?

A young relationship can meet the de facto requirements if the couple has been in a de facto relationship for 12 months before lodgement, or if an exception applies, such as registration of the relationship on an Australian state or territory register. Couples who met while studying in Australia often need to show exactly when they began living together, using a lease, shared bills or mail sent to both partners at the same address. Our article on the de facto partner visa and the 12-month rule explains the test and the exceptions.

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

My Migration Lawyers helps couples with a partner from Mongolia by confirming the partner's visa status and conditions before anything else, because the timing of an onshore application can be critical. The firm then prepares the relationship evidence, manages the Mongolian translations and name spellings, and lodges the application that fits the couple's real situation. Couples can speak with our partner visa lawyers by video, whether the partner is in Australia or Mongolia.