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

How is a South Korean marriage proved for an Australian spouse visa?

A South Korean marriage is proved for an Australian spouse visa through official records showing that the marriage report was accepted, usually the marriage relation certificate and the family relation certificate. In Korea the legal marriage arises from the report, not from the wedding ceremony, so a couple who held a wedding but did not report the marriage may not be legally married. Our article on an overseas marriage that is not recognised explains what can be done in that situation.

What if the Korean partner is in Australia on a working holiday visa?

A Korean partner in Australia on a working holiday visa may be able to apply for the Subclass 820 onshore while the visa remains in effect, provided it does not carry condition 8503 No Further Stay. If the couple is not married, they must also meet the de facto 12-month requirement or an exception. Our page on the Subclass 820 visa explains the onshore criteria, and our article on the de facto partner visa and the 12-month rule explains the time requirement.

Why does military service matter for a Korean applicant?

Military service matters for a Korean applicant because Form 80 asks about any military service, and many Korean men have completed compulsory service. The dates and details must be given accurately and must match other records. Missing or inconsistent information leads to requests for more detail and delay. Our guide to Form 80 for a partner visa explains how to complete the personal history section.

Which Korean documents and certificates are needed?

The Korean documents and certificates usually needed are the passport, the family relation certificate, the marriage relation certificate where married, any divorce records and a criminal record certificate issued by the Korean National Police Agency. Every Korean document needs an English translation with the translator's details, as explained in our article on partner visa evidence translation. Certificates from other countries where the applicant has lived may also be required.

How can a couple who lived in both countries organise their evidence?

A couple who lived in both countries can organise their evidence by preparing a single timeline showing where they lived, when they lived together and how they supported each other across both countries. Leases, bills, bank records and travel records from Korea and Australia should follow that timeline. Our article on the partner visa evidence timeline explains this approach, and our article on the partner visa four pillars of evidence explains the aspects the Department assesses.

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

My Migration Lawyers helps couples with a partner from South Korea by confirming whether a marriage report was made in Korea, checking the partner's current Australian visa and its conditions, and then advising on a spouse or de facto application, onshore or offshore. The firm prepares the Korean translations, Form 80 history and relationship evidence so they tell one consistent story. Couples can speak with our partner visa lawyers by video from anywhere in Australia or Korea.