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

Is a marriage in Vietnam recognised for an Australian spouse visa?

A marriage in Vietnam is recognised for an Australian spouse visa when it was registered with the competent Vietnamese authority and is not excluded by the Marriage Act 1961. The registered marriage certificate is the evidence the Department relies on. A traditional wedding ceremony held with family, without registration, is not a legal marriage in Vietnam. Our article on an overseas marriage that is not recognised explains what a couple in that position can do.

Which Vietnamese documents does the partner visa usually need?

The Vietnamese documents the partner visa usually needs are the passport, the citizen identity card, the birth certificate, the marriage certificate, any divorce decision and a judicial record certificate, which is the document used as a police certificate for Vietnam. Documents in Vietnamese need English translations showing the translator's details, as set out in our article on partner visa evidence translation. The character requirements are explained in our article on partner visa character requirements.

How does a sponsor show a genuine relationship when most time was spent apart?

A sponsor shows a genuine relationship when most time was spent apart by giving clear evidence of each visit to Vietnam, constant contact between visits, financial support and joint plans for the spouse's life in Australia. The Department accepts that couples live apart while waiting for a visa. Our article on the partner visa long-distance relationship explains how to present this evidence, and our article on partner visa interview questions explains what the Department may ask both partners.

What if the couple was introduced through family or met online?

A couple introduced through family or who met online can still obtain a partner visa, because the test is whether the relationship is genuine and continuing, not how it began. The relationship statement should explain the introduction honestly and show how the relationship developed through contact and visits. Our article on a partner visa when the couple met online explains the evidence that helps.

What if the Vietnamese spouse has had an Australian visa refused before?

If the Vietnamese spouse has had an Australian visa refused before, the partner visa should address the earlier refusal reasons directly and show that the information now given is consistent with what was said before. An earlier visitor or student visa refusal does not prevent a partner visa. Our article on a partner visa after a visitor visa refusal explains what the Department will check.

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

My Migration Lawyers helps sponsors with a spouse in Vietnam by reviewing the marriage registration, the judicial record certificate and any earlier refusal before preparing the application, so that the evidence answers the Department's likely concerns from the start. The firm prepares the Subclass 309/100 application, sponsorship and translations, and helps both partners prepare for any interview. Our page on the Subclass 309 visa sets out what the offshore pathway involves, and our partner visa lawyers can meet the sponsor and the Vietnamese spouse together by video.