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

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

A marriage in Nepal is proved for an Australian spouse visa through the marriage registration certificate issued by the local registration office, usually the ward office where the marriage was registered. A traditional ceremony is common, but the registration certificate is the clearest evidence of a legal marriage. Where the marriage was registered late, the Department may ask why, and the answer should be given in the application. Our article on an overseas marriage that is not recognised explains what happens when registration is missing.

Can a spouse from Nepal apply in Australia after studying here?

A spouse from Nepal who is in Australia on a student visa, or another substantive visa without condition 8503 No Further Stay, may be able to apply for the Subclass 820 onshore. Where the spouse first came to Australia as a dependant on the sponsor's student visa, or the reverse, the Department will compare those applications with the partner visa. Our page on the Subclass 820 visa explains the onshore criteria.

How does earlier student visa information affect the partner visa?

Earlier student visa information affects the partner visa because the Department checks whether the relationship was declared, whether family details match and whether any document provided before was genuine. A relationship that existed but was not declared on a student visa needs an explanation. Where false information or documents were given, PIC 4020 may apply. Our articles on an undeclared relationship and false documents explain the risk.

Which Nepali documents and certificates are needed?

The Nepali documents and certificates usually needed are the passport, the citizenship certificate, a birth certificate, the marriage registration certificate and a police clearance certificate issued by Nepal Police. Documents in Nepali need English translations showing the translator's details. Dates in Nepali records often follow the Bikram Sambat calendar, so the translation must show the matching Gregorian date. Our article on partner visa evidence translation explains the rules.

How can a couple married by family arrangement show a genuine relationship?

A couple married by family arrangement can show a genuine relationship through evidence of contact before and after the wedding, the involvement of both families, time spent together and plans for life in Australia. The Department applies the same test to arranged marriages as to any other marriage. Where the sponsor has returned to Australia after the wedding, records of calls, visits and money sent to Nepal help show that the marriage continued while the couple was apart. Our article on partner visa cultural differences explains how cultural practice is presented, and our guide to the relationship statement explains how the couple tells their story.

How does My Migration Lawyers help sponsors with a spouse from Nepal?

My Migration Lawyers helps sponsors with a spouse from Nepal by reviewing the marriage registration, the calendar dates on translated documents and every earlier Australian visa application before advising on the pathway. The firm then prepares the onshore or offshore application and the relationship evidence, and answers Department requests within the deadlines set. Sponsors in Australia and spouses in Nepal can join the same video consultation with our partner visa lawyers, so both hear the advice at once.