Can a Lawyer Help Bring My Spouse From South Africa to Australia?

Which South African marriages are recognised for an Australian spouse visa?

South African marriages recognised for an Australian spouse visa include civil marriages, customary marriages and civil unions that are valid under South African law and not excluded by the Marriage Act 1961. Customary marriages are recognised under South Africa's Recognition of Customary Marriages Act 1998, and registration of the customary marriage is the clearest evidence. A customary marriage where either party was already married to someone else will not be recognised in Australia. Our article on an overseas marriage that is not recognised explains the options when a marriage cannot be relied on.

What South African documents are usually needed?

The South African documents usually needed are the passport, the birth certificate, the marriage certificate, any divorce order and a police clearance certificate from the South African Police Service. Many couples obtain the unabridged versions of birth and marriage certificates from South Africa's Department of Home Affairs because they show fuller details. South African civil documents are generally issued in English, so translation is usually needed only for records in other languages. Our article on partner visa character requirements explains the police certificate rules.

Can a South African partner apply from inside Australia?

A South African partner in Australia on a substantive visa, such as a working holiday, student or skilled visa, may be able to apply for the Subclass 820 onshore if the visa does not carry condition 8503 No Further Stay. Applying onshore gives a bridging visa while the application is processed. Our page on the Subclass 820 visa explains the onshore criteria and our article on which partner visa pathway compares the options.

How do de facto couples with a South African partner meet the 12-month requirement?

De facto couples with a South African partner meet the 12-month requirement by showing they were in a de facto relationship for 12 months immediately before lodgement, which can include time living together in South Africa. Where the couple has not reached 12 months, registering the relationship on an Australian state or territory register may provide an exception. Our article on the de facto partner visa and the 12-month rule explains the test.

What health issues should be checked early?

The health issues that should be checked early are any significant medical condition and any history that may require further testing, because the applicant must meet the health requirement through medical examinations with an approved panel physician. A condition does not automatically lead to refusal, and a health waiver may be available for some partner visas. Our article on partner visa health requirements explains the test.

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

My Migration Lawyers helps couples with a partner from South Africa by first confirming whether the relationship is a civil marriage, a customary marriage, a civil union or a de facto relationship, and gathering the right South African records for that category. The firm then advises on onshore or offshore lodgement, prepares the application and evidence, and manages health, character and Department requests. Couples can speak with our partner visa lawyers by video from Australia or South Africa.