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

How is a Pakistani marriage proved for an Australian spouse visa?

A Pakistani marriage is proved for an Australian spouse visa through the nikahnama, the marriage contract, together with evidence that the marriage was registered, commonly a computerised marriage registration certificate issued through NADRA after registration with the local union council. The details in the nikahnama, such as names, dates and the parties' previous marital status, must match the other documents, and any difference should be explained before the Department raises it. Our article on an overseas marriage that is not recognised explains what happens where registration is missing.

Is a cousin marriage from Pakistan accepted for a spouse visa?

A cousin marriage from Pakistan is accepted for a spouse visa, because Australian law does not prohibit marriage between cousins. The Marriage Act 1961 prohibits marriage only between ancestors and descendants and between siblings, including half-siblings and adoptive relationships. The Department assesses a cousin marriage under the same genuine relationship test as any other marriage. Our article on partner visa cultural differences explains how family practices are presented.

What if either spouse was married before?

If either spouse was married before, the application must show that the earlier marriage ended before the new marriage, for example through a divorce record or a death certificate. Australian law does not recognise a marriage where one party was still married to someone else, even if the second marriage was valid in Pakistan. Our articles on a partner visa while still married and a partner visa after divorce explain both situations.

Which Pakistani documents does the Department usually request?

The Pakistani documents the Department usually requests are the passport, the national identity card, the family registration certificate, a birth certificate, the nikahnama and marriage registration certificate, and a police certificate from Pakistan and any other country where the applicant has lived for the period the Department specifies. Documents in Urdu need English translations, as explained in our article on partner visa evidence translation.

How should an arranged marriage be presented to the Department?

An arranged marriage should be presented to the Department by explaining honestly how the families introduced the couple, how the couple came to know each other and how the relationship has developed since the nikah. The Department looks for a genuine and continuing relationship, not for a particular way of meeting. Statements on Form 888 from relatives who arranged or attended the marriage, and evidence of contact since the wedding, help show that the marriage is real and continuing. Our guide to the relationship statement explains how to tell that story in a way that is consistent with the evidence.

How does My Migration Lawyers help sponsors with a spouse in Pakistan?

My Migration Lawyers helps sponsors with a spouse in Pakistan by checking the nikahnama, the registration record and any earlier marriages for consistency before the application is prepared, since a defect in the marriage record can undermine the whole case. The firm then prepares the Subclass 309/100 application and sponsorship, organises translations and answers the Department's requests. The stages of an offshore application are summarised on our page on the Subclass 309 visa, and a sponsor can discuss the nikahnama and any earlier marriage with our partner visa lawyers by video.