Can a Lawyer Help Bring My Spouse From Sri Lanka to Australia?

How is a Sri Lankan marriage proved for an Australian spouse visa?

A Sri Lankan marriage is proved for an Australian spouse visa through the marriage certificate issued after registration, which depends on the law that applied to the couple, such as the general marriage registration law, the Kandyan law or Muslim law. A religious ceremony such as a poruwa ceremony is usually accompanied by registration, and the registration is the evidence the Department relies on. Our article on an overseas marriage that is not recognised explains the position where registration did not take place.

Does a marriage arranged through a proposal affect the spouse visa?

A marriage arranged through a proposal does not affect the spouse visa in law, because the Department applies the same genuine relationship test to every marriage. What matters is the evidence of how the relationship developed, the contact between the spouses and the plans for life together. Our article on partner visa cultural differences explains how cultural practice is considered, and our guide to the relationship statement explains how the couple describes their history.

What Sri Lankan documents does the Department usually need?

The Sri Lankan documents the Department usually needs are the passport, the national identity card, the birth certificate, the marriage certificate and a police clearance certificate from Sri Lanka Police. Documents in Sinhala or Tamil need English translations showing the translator's details, as explained in our article on partner visa evidence translation. Police certificates from other countries where the applicant has lived, such as countries in the Middle East for overseas work, may also be required under the partner visa character requirements.

What if the sponsor has sponsored a partner before?

If the sponsor has sponsored a partner before, the sponsorship limits in regulation 1.20J may apply. A sponsor can generally sponsor no more than two partners in a lifetime and cannot sponsor within five years of a previous partner sponsorship, unless there are compelling circumstances affecting the sponsor. Our page on partner visa sponsorship limitations explains when these limits can be waived.

How should earlier visa refusals for a Sri Lankan spouse be handled?

Earlier visa refusals for a Sri Lankan spouse should be handled by obtaining the refusal reasons and addressing them directly in the partner visa application. A visitor or student visa refusal does not stop a partner visa, but the Department will check whether the information given then is consistent with the new application. Our article on a partner visa after a visitor visa refusal explains what the Department looks for.

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

My Migration Lawyers helps sponsors with a spouse from Sri Lanka by checking the marriage registration, the sponsor's earlier sponsorships and the spouse's visa history before advising on the application. The firm then prepares the Subclass 309/100 application and sponsorship, gathers the Sri Lankan documents with translations and answers Department requests on time. Sponsors who want to understand the offshore process first can read our page on the Subclass 309 visa, then raise the details of their own case with our partner visa lawyers by video.