Australian Partner Visa for Argentinian Citizens

What is a partner visa for Argentinian citizens?

A partner visa for Argentinian citizens is an Australian visa that allows a citizen of Argentina to live in Australia with a spouse or de facto partner who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. There is no separate Argentine stream. The partner visa for Argentinian citizens uses the same legal criteria as every other partner visa: the couple must be in a genuine and continuing relationship, the applicant must meet the health and character requirements, and the sponsor must be approved to sponsor.

What is different is the evidence. An Argentinian applicant brings Argentine civil registry records, an Argentine national identity document, Spanish language records, often a second European passport, and very often a travel history built on a Work and Holiday visa. Each of these needs to be handled correctly, because the Department of Home Affairs reads every document against every other document. A partner visa for Argentinian citizens is decided on the same law as any other, but it is prepared with Argentine paperwork.

This guide is written for Argentinians who are already in Australia, for Argentinians living in Argentina or elsewhere with an Australian partner, and for the Australian partners who will sponsor them. It explains which partner visa to choose, how the Work and Holiday Subclass 462 visa affects timing, how Argentine marriages, divorces and registered unions are treated in Australian law, what Argentine documents are needed, and the mistakes that most often damage a partner visa for Argentinian citizens. For the full picture of the partner visa system, start with the complete guide to partner visas in Australia.

Who this guide is for

Most people who search for a partner visa for Argentinian citizens are in one of four positions. Some are in Australia on a Work and Holiday visa and have met an Australian partner. Some arrived as visitors to see a partner they met while that partner was travelling in South America. Some are married in Argentina and want to move to Australia together. Others are already in a relationship but are unsure whether they qualify as de facto partners yet. Each position leads to a different visa, a different timing decision and a different set of risks.

Which partner visa for Argentinian citizens should you apply for?

An Argentinian citizen should apply for the Subclass 820 and Subclass 801 partner visa if they will be in Australia when the application is made, for the Subclass 309 and Subclass 100 partner visa if they will be outside Australia, and for the Subclass 300 prospective marriage visa if they are outside Australia and plan to marry their Australian partner after arriving. The choice of partner visa for Argentinian citizens is driven by location on the day of lodgement and by the type of relationship.

The location rule for a partner visa for Argentinian citizens is strict. The Department's own application material states that an applicant who applies in Australia must be in Australia when the application is received, and an applicant who applies outside Australia must be outside Australia when it is received. An Argentinian who lodges an offshore application and then flies to Australia, or who lodges an onshore application from the airport in Buenos Aires, has made the wrong application.

Onshore: Subclass 820 and Subclass 801

The onshore partner visa for Argentinian citizens is a combined application. The applicant applies for the temporary Subclass 820 visa and the permanent Subclass 801 visa at the same time, with one application. The Subclass 820 visa is decided first. The Subclass 801 visa is assessed later, generally once two years have passed since the application was made. The Subclass 820 visa explained and the Subclass 820 visa requirements guide set out the full criteria.

For most Argentinians in Australia, the onshore partner visa is attractive because it usually allows them to remain in Australia while the application is processed. Most onshore applicants are granted a bridging visa that keeps them lawful until the Subclass 820 visa is decided. The guide on work rights while waiting for a Subclass 820 visa and the overview of bridging visas in Australia explain how that works in practice.

Offshore: Subclass 309 and Subclass 100

The offshore partner visa for Argentinian citizens is also a combined application. The applicant applies for the temporary Subclass 309 visa and the permanent Subclass 100 visa together. The applicant must be outside Australia when the application is made and, under the visa criteria, generally outside Australia when the Subclass 309 visa is granted. Argentinians living in Buenos Aires, Córdoba, Rosario, Mendoza or anywhere else in Argentina apply this way, as do Argentinians living in a third country such as Spain or Italy.

An offshore partner visa for Argentinian citizens suits couples where the Argentinian partner has work, study, family or property obligations in Argentina, or where the onshore route is not available because of the visa the Argentinian partner would otherwise hold in Australia.

The prospective marriage visa: Subclass 300

The Subclass 300 prospective marriage visa is for an Argentinian who is outside Australia, is engaged to an Australian partner, and intends to marry in Australia. The couple must have met in person, and the marriage must take place within the visa period. After the marriage, the applicant applies for the onshore partner visa. This option can suit couples whose relationship began while the Australian partner was travelling in Argentina, where they have not lived together long enough to be de facto partners, and where they want the wedding in Australia with the Australian family present.

Which option fits your situation

There is no single correct choice of partner visa for Argentinian citizens. A couple living together in Melbourne, where the Argentinian partner holds a Work and Holiday visa with no restrictive conditions, will usually look at the onshore route. A married couple living in Argentina will look at the offshore route. An engaged couple living in different countries will look at the Subclass 300 visa. The Subclass 820 vs Subclass 801 guide explains how the two onshore stages relate, and a partner visa lawyer can confirm which option is legally available before the couple commits to one.

Partner visa for Argentinian citizens on a Work and Holiday visa: can you apply in Australia?

Yes. An Argentinian who holds a Work and Holiday Subclass 462 visa can generally apply for an onshore partner visa while in Australia, provided the relationship meets the legal requirements on the day of application and the visa they hold does not carry a condition that prevents a further application. Argentina is one of the countries that participates in Australia's Work and Holiday programme, and this is one of the most common ways an Argentinian meets an Australian partner.

The Work and Holiday visa creates three practical issues for a partner visa for Argentinian citizens. The first is timing. The second is the de facto relationship period. The third is the evidence trail that the working holiday itself leaves behind.

Timing the application against the expiry of the Work and Holiday visa

The most important date in planning a partner visa for Argentinian citizens is the expiry date of the Work and Holiday visa. If the onshore partner visa application is lodged while the Work and Holiday visa is still in effect, the applicant is generally applying as the holder of a substantive visa, and a bridging visa will usually take effect when the Work and Holiday visa ends. If the Work and Holiday visa expires before the application is lodged, the applicant may become unlawful, and the Schedule 3 criteria then apply.

The Schedule 3 criteria for a partner visa are additional requirements for people who apply onshore without a substantive visa. They can be met, and a Schedule 3 waiver is available in some circumstances, but they add risk that is usually avoidable with good planning. The guide to applying for a partner visa without a substantive visa explains the position in detail.

A second Work and Holiday visa is not a substitute for planning

Some Argentinians extend their time in Australia by applying for a second or third Work and Holiday visa while the relationship develops. That can be lawful and sensible, but it should be a deliberate choice, not a way of delaying a decision about the partner visa. Each additional visa application asks questions about the applicant's circumstances. If the applicant is already in a de facto relationship, the answers given on those forms must be consistent with the later partner visa application. A Work and Holiday application that says "single" for a period the partner visa later describes as de facto creates exactly the kind of inconsistency a case officer will raise.

Visitors and students

Not every Argentinian applicant arrived on a Work and Holiday visa. Some came as visitors, and some came as students. Visitors should read the guide on moving from a tourist visa to a partner visa in Australia, because some visitor visas carry a no further stay condition. If a visa carries condition 8503, an onshore partner visa application cannot usually be made unless the condition is waived. The guide on applying for a Subclass 820 visa with a no further stay condition covers this. A partner visa for Argentinian citizens who hold a visitor visa therefore starts with a check of the visa grant notice, line by line.

Does the 12-month de facto rule apply to Argentinian couples?

Yes. If an Argentinian applicant applies as a de facto partner rather than as a spouse, the de facto relationship must generally have existed for at least 12 months immediately before the application is made. This requirement is in regulation 2.03A of the Migration Regulations 1994. It is one of the most important timing rules for a partner visa for Argentinian citizens, because many Argentinian couples meet in Australia and want to apply before the Work and Holiday visa ends.

The 12-month rule is separate from the question of whether the couple are de facto partners at all. Under section 5CB of the Migration Act 1958, a couple are in a de facto relationship if they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. The Department's policy confirms that a couple can meet section 5CB and still fail the separate 12-month requirement. The guide to the 12-month de facto rule and its exceptions and the guide on whether you really need 12 months of de facto relationship explain both tests.

An Argentine unión convivencial does not waive the 12 months

Argentine law allows couples to register a unión convivencial, a recognised form of cohabiting relationship. Many Argentinian couples assume that registering their union in Argentina will be treated in Australia like a registered relationship and will remove the 12-month requirement. It will not.

Subregulation 2.03A(5) removes the 12-month requirement only where the de facto relationship is registered under a law of an Australian State or Territory that is prescribed for that purpose. The Department's policy lists those laws, and they are all Australian: the relationship registers in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. A registration in Argentina is not on the list. An Argentine unión convivencial is still useful evidence of a genuine relationship, because it shows the couple declared their relationship to a government authority, but it does not satisfy the 12-month exception.

Australian relationship registration as an option

For a partner visa for Argentinian citizens, a couple who live in a State or Territory with a prescribed relationship register can register their relationship there. The Department's policy says a registration made after the application is lodged but before it is decided is accepted, but a receipt showing that an application for registration has been lodged is not enough. The relationship must actually be registered. Couples in Western Australia and the Northern Territory should note that the list of prescribed laws does not include those jurisdictions.

Compelling and compassionate circumstances

The 12-month requirement also does not apply where the applicant shows compelling and compassionate circumstances for the grant of the visa. The Department describes this as a high threshold. Its policy gives examples such as a dependent child of the relationship. It also says that pregnancy at the time of application is not, on its own, treated as compelling and compassionate, although exceptional circumstances relating to a pregnancy may be. This exception should never be the plan. It is a safety net for genuinely exceptional cases.

Marriage changes the analysis

If the couple marry, the applicant is assessed as a spouse under section 5F of the Migration Act, and the 12-month de facto requirement does not apply. Marriage should never be entered into for a visa. But a couple who were already planning to marry should understand that the timing of the marriage changes which test applies to their partner visa for Argentinian citizens.

Are Argentine marriages and divorces recognised in Australia?

Yes. A marriage solemnised in Argentina is generally recognised in Australia if it was valid under Argentine law when it took place. Under section 12 of the Migration Act, the validity of a foreign marriage is decided by reference to Part VA of the Marriage Act 1961, which recognises a marriage that was valid under the law of the country where it was solemnised, subject to limited exceptions. A civil marriage registered with an Argentine provincial Registro Civil is the usual evidence.

The exceptions mirror the limits on marriage in Australia. The Department's policy says certain polygamous marriages, marriages within a prohibited degree of relationship and certain underage marriages are not recognised for migration purposes, and a marriage without real consent is not recognised. Section 88E of the Marriage Act, which allows some marriages to be recognised only under common law rules, does not apply for migration purposes.

Same-sex marriages from Argentina

A same-sex marriage solemnised in Argentina is recognised in Australia if it was valid under Argentine law when it was solemnised. The Department's policy confirms that, from 9 December 2017, Part VA of the Marriage Act recognises foreign same-sex marriages solemnised before or after that date where the marriage was valid under local law. Same-sex couples applying for a partner visa for Argentinian citizens can apply as spouses on the same basis as any other married couple. The LGBTI partner visa page explains the wider considerations.

Previous marriages and Argentine divorce records

A previous marriage that has not been legally ended can make a new marriage invalid. Where the applicant or the sponsor was previously married in Argentina, the divorce record matters. Under section 104 of the Family Law Act 1975, Australia generally recognises a foreign divorce if it was effected under the law of the country concerned and at least one party had a specified connection with that country when the proceedings began. An Argentine divorce granted by an Argentine court to Argentine nationals will usually meet that test. The Department's application material asks for a certified copy of the divorce decree for anyone in the application who has been divorced.

Previous relationships also matter to de facto couples. The Department's policy notes that if either partner was in a relationship with someone else close to the 12 months before the application, that may be relevant to whether the new relationship meets section 5CB. A partner visa for Argentinian citizens therefore needs an accurate account of each partner's relationship history, not only the current relationship.

What Argentine documents are needed for a partner visa for Argentinian citizens?

An Argentinian applicant usually needs a passport, a birth record from the Argentine civil registry showing both parents' names, a national identity document, any marriage, divorce or name change records, an Argentine criminal record certificate, and relationship evidence covering the life of the relationship. Every document not in English must be accompanied by an accurate English translation. This is the core document set for a partner visa for Argentinian citizens, and each item should be checked against the others before anything is uploaded.

The partner visa document checklist and the 820 partner visa evidence checklist set out the general list. The sections below focus on what is specific to Argentina.

Argentine civil registry records

Argentine births, marriages and deaths are recorded by the civil registry of the province, or of the City of Buenos Aires, where the event took place. Argentinians often call these records partidas or actas, for example the partida de nacimiento for a birth and the acta de matrimonio for a marriage. Because each province keeps its own registry, the format, seals and level of detail can vary. A birth record from Mendoza may look very different from one issued in the City of Buenos Aires.

For a partner visa for Argentinian citizens, the birth record should be a full version that shows both parents' names. The Department's application material asks for a birth record showing both parents' names as evidence of identity. A short extract that shows only the applicant's name and date of birth may not be enough. Where the record was issued many years ago, it is worth obtaining a recent copy, because recent records are clearer, are easier to translate, and may show annotations that older copies do not, such as a later marriage or a change of name.

The Documento Nacional de Identidad

The Argentine national identity document, the Documento Nacional de Identidad or DNI, is usually provided with the passport as additional identity evidence. The DNI number appears across many Argentine records, including civil registry records, tax records and bank documents. The number on every document should match. If an applicant has held more than one DNI card over time because of renewal or replacement, the number itself should still be the same, and any difference needs to be explained.

Marriage records and the libreta de familia

Married applicants for a partner visa for Argentinian citizens provide the marriage record issued by the civil registry. Many Argentinian families also hold a libreta de familia, a family booklet recording a marriage and the births of children. The libreta can be helpful supporting evidence, particularly for children included in the application, but it should be provided together with the formal civil registry record rather than in place of it. The Department's application material refers to birth certificates or the family book for children, so the libreta has a recognised role.

Divorce and annotation of a previous marriage

Where the applicant or sponsor has been divorced in Argentina, provide the court judgement of divorce and, where available, the marriage record annotated to show the divorce. Argentine civil registries often record a divorce as a note on the original marriage record. Providing both documents shows the case officer that the earlier marriage has ended and that the current marriage, or the current de facto relationship, is not affected by a subsisting marriage.

Do Argentine documents need an apostille or a translation?

Argentine documents must be translated into English, but an apostille is not a general requirement for a partner visa application. The Department's partner visa material requires documents in languages other than English to be accompanied by an accurate English translation, and it speaks of certified copies, not apostilles. For a partner visa for Argentinian citizens, the translation is the step that cannot be skipped.

Translating Spanish documents

Every Spanish document in a partner visa for Argentinian citizens needs an English translation, including the birth record, the marriage record, the divorce judgement, the criminal record certificate, and any Spanish document used as relationship evidence, such as a lease, a bank statement or a letter from a family member. The Department's application material recommends a translator accredited by the National Accreditation Authority for Translators and Interpreters, known as NAATI, where the translation is done in Australia, and a professionally qualified translator where it is done outside Australia.

A translation should translate the whole document, including seals, stamps, handwritten annotations and marginal notes. A partial translation that leaves out an annotation, such as a note recording a divorce on a marriage record, can give the case officer an incomplete picture. Upload the original Spanish document and its English translation together, so the officer can see both.

Where an apostille may still help

Argentina is a party to the Hague Apostille Convention, and so is Australia. An apostille confirms that a public document was signed and sealed by the authority it appears to come from. The Department does not generally ask for one in a partner visa, but an apostilled document can still be useful where the same document will later be used for another Australian purpose, or where the Department raises a concern about the authenticity of a record and further verification would help. Couples should not delay lodgement to obtain apostilles unless there is a specific reason. The guide to responding to a section 56 request for more information explains what happens if the Department asks for more.

Certified copies

Where certified copies are needed, the Department's material says copies must be certified by a person or agency recognised under the law of the country concerned, and in Australia by a person before whom a statutory declaration may be made. In practice, most partner visa applications are lodged online through ImmiAccount with clear colour scans of the original documents. If the couple have not yet created an account, the guide on how to create an ImmiAccount is the starting point.

How do Argentine names, dual citizenship and second passports affect the application?

Argentine names, dual citizenship and second passports affect a partner visa because the Department compares identity details across every form, every document and every past visa. A partner visa for Argentinian citizens must give one consistent identity, declare every citizenship the applicant holds, and explain any difference in how the applicant's name appears in Argentine and European records.

Spanish naming conventions in Argentina

Most Argentinians use a given name, sometimes two, followed by a surname that is usually the father's surname. Some use two surnames, or a compound surname. Documents issued at different times may show the name in different forms. A birth record may show two given names while a passport shows both and a bank card shows only one. A married woman's records may show her own surname in some places and a form including her husband's surname in older family documents.

None of this is a problem if it is declared and explained. The application form and Form 80, where it is requested, ask for every name the applicant has been known by. Every variation should be listed. The Department's application material asks for evidence of any change of name. Where a name differs between documents without a formal change, a short explanation in the application avoids a request for more information.

Italian, Spanish and other second citizenships

Many Argentinians hold a second citizenship through descent, most often Italian or Spanish. This matters to a partner visa for Argentinian citizens in three ways. First, every citizenship must be declared. Leaving a second citizenship off the form is an incorrect answer. Second, the applicant's visa history in Australia may sit under the European passport rather than the Argentine one. An Argentinian with an Italian passport may have entered Australia on a Working Holiday Subclass 417 visa or as a European visitor, rather than on a Subclass 462 visa as an Argentine. Third, the applicant must decide which passport to apply with, and must then use that passport consistently through to grant.

The safest approach is to choose the passport the applicant will travel on, declare the other passport in full, and list all previous Australian visas held on either passport. If the applicant renews a passport while the application is being processed, the Department must be told. The guide to Form 1022 change of circumstances explains how changes are notified.

Why incorrect answers matter

Sections 101 to 105 of the Migration Act require a visa applicant to answer every question and to give no incorrect answers, to notify changes in circumstances, and to correct an answer that was incorrect when given. Under section 103, a non-citizen must not give a bogus document. An omitted citizenship, an undeclared earlier name or an inaccurate travel history can engage these provisions and can also affect the public interest criterion about false or misleading information. These consequences are serious and avoidable. Where an applicant realises a past form was wrong, the right course is to correct it, not to hope it is not noticed.

What police certificate is needed for a partner visa for Argentinian citizens?

An Argentinian partner visa applicant usually needs a police certificate from Argentina if they have lived there for a total of 12 months or more in the last 10 years since turning 16, together with police certificates from any other country where the same applies and an Australian police check if they have spent that time in Australia. The Argentine certificate is a national criminal record certificate issued by the Argentine authorities. It is in Spanish, so it must be translated.

The character requirement for a partner visa for Argentinian citizens is assessed under section 501 of the Migration Act and public interest criterion 4001. Police certificates are the main evidence. The application forms also ask direct questions about charges and convictions anywhere in the world, and those questions must be answered fully and truthfully even where the applicant believes an old matter has no relevance.

Timing the Argentine certificate

Police certificates used in a partner visa for Argentinian citizens are generally treated as current for 12 months. The Department's policy for the Subclass 801 stage describes penal clearances as generally valid for 12 months. That means timing matters. A certificate obtained long before lodgement may need to be replaced before the visa is decided. Many couples obtain the Argentine certificate shortly before lodgement or wait for the Department to request it, depending on the circumstances and on how long processing is likely to take.

Argentinians who lived in Europe or elsewhere

Argentinians who lived in Spain, Italy, the United States, Brazil, Chile or another country for 12 months or more in the relevant period will usually need a police certificate from that country too. Each country has its own process. Applicants with a second citizenship sometimes assume their European certificate covers their time in Argentina, or the other way around. It does not. Each certificate covers only the country that issued it.

Character concerns

Where an applicant has a criminal record in Argentina or elsewhere, the matter should be disclosed accurately and assessed before lodgement. Not every conviction leads to a refusal, but a non-disclosure can turn a manageable issue into a credibility problem. Where the Department proposes to refuse on character grounds, specialist advice is needed immediately, and the visa refusals page explains how the firm approaches those matters.

The sponsor's police checks

The Australian sponsor may also be asked for police checks. Under regulation 1.20KC of the Migration Regulations, the Department's policy is that a sponsor who has spent time in Australia since turning 16 should be asked for an Australian National Police Check, and a sponsor may be asked for a police certificate from each other country where they resided for a total of 12 months or more in the relevant 10-year period since turning 16. An Australian sponsor who lived in Argentina with the applicant for a year or more may therefore need an Argentine certificate as well, and it must also be translated. The guide on when a sponsor cannot sponsor a partner visa and the sponsorship limitations page explain the wider sponsor rules.

How do Argentinian couples prove a genuine relationship?

Argentinian couples prove a genuine relationship in the same way as every other couple: by evidence of the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment, considered together with all of the other circumstances. What changes for a partner visa for Argentinian citizens is the shape of that evidence, because so many Argentinian relationships begin during travel, seasonal work or a working holiday.

The legal framework is the same four matters set out in regulation 1.15A for spouses and regulation 1.09A for de facto partners. The guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain the framework. The patterns below are the ones that come up again and again for Argentinian applicants.

Relationships that began on a working holiday

A relationship that began during a working holiday often has an unusual address history. The couple may have met on a farm in regional Queensland, moved together to a share house in Sydney, spent three months travelling in a van, and then rented a flat in Perth. Each move can produce gaps in household evidence. The answer is not to hide the moves. The answer is to document them: rental agreements, share house arrangements, booking confirmations for shared travel, payslips from the same employer and messages that show the couple planning each move together.

Regional work required for a second or third Work and Holiday visa is also evidence. Where the couple worked together on the same farm or in the same town, payslips and employer letters place them in the same location at the same time. Where they were apart because one partner was completing regional work, the relationship statement should explain the separation and the evidence should show how they stayed connected.

Relationships that continued across two countries

Some Argentinian couples spend long periods apart, with the Argentinian partner back in Argentina between visas or the Australian partner travelling to Argentina. Living apart does not end a relationship, but under sections 5F and 5CB the couple must not be living separately and apart on a permanent basis, and the Department's policy says any separation must be temporary. Evidence of visits, flights, daily communication, money sent between the partners and joint plans becomes central. Communication records should be samples across the whole period, not hundreds of screenshots from one week.

Family in Argentina

Argentinian families are often closely involved in a relationship, and family recognition is strong social evidence. Photographs with family in Argentina, messages from relatives, invitations to family events and evidence of the Australian partner's visits to Argentina all help. Formal witness statements for a partner visa are usually made on Form 888, and the Department's form is completed by Australian citizens and permanent residents. Argentine family members who are not Australian citizens or permanent residents can still provide a written letter or statement about the relationship, translated into English, as supporting evidence. The guides to who can make a Form 888 and Form 888 example answers and common mistakes explain how witnesses in Australia can help.

Money, language and the shared household

In a partner visa for Argentinian citizens, couples who keep money in two currencies, or where the Argentinian partner still holds an Argentine bank account, should explain the arrangement. Transfers between an Argentine account and an Australian account can be good evidence of financial interdependence when they are explained in the relationship statement. Couples who communicate mainly in Spanish, or in a mix of Spanish and English, should be aware that messages in Spanish need translation if they are relied on. A short, well-selected set of translated messages is more useful than a large bundle of untranslated screenshots.

One relationship statement, written by the couple

A partner visa has one relationship statement. It is the couple's own account of how they met, how the relationship developed, how they live now and what they plan for the future, and it must be true and in their own words. A lawyer can review it for gaps and inconsistencies and ask questions, and the couple then correct and confirm their own account. The guide to writing a partner visa relationship statement explains what it should cover.

What does the Australian sponsor of a partner visa for Argentinian citizens need to know?

The Australian sponsor of a partner visa for Argentinian citizens must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, must usually be at least 18, and must be approved as a sponsor. The sponsorship is assessed as part of the partner visa application, and some sponsors are limited in whether they can sponsor at all.

Limits on sponsorship

The Migration Regulations limit sponsorship in some circumstances, including where the sponsor has sponsored previous partners, or was themselves granted a partner visa, within certain periods. These limits are explained on the partner visa sponsorship limitations page. An Australian sponsor who has previously sponsored a partner should obtain advice before the Argentinian partner lodges, because a sponsorship that cannot be approved will cause the whole application to fail.

Police checks and children

The sponsor's police checks are requested and assessed under the sponsorship rules, and the Department's policy says a request for the sponsor's police check must not be included in a request sent to the visa applicant. Where children are included in the application, there are additional protections, and registrable offences committed by a sponsor can lead to refusal of the sponsorship. Sponsors with any criminal history should get advice before the application is made.

The sponsor is part of the evidence

The sponsor is not a bystander. The sponsor's address history, relationship history, travel to Argentina and finances all form part of the evidence. Where the sponsor's records tell a different story from the applicant's, the Department will notice. A partner visa for Argentinian citizens is a joint project, and both partners should read and check the full application before it is lodged.

Can children be included in a partner visa for Argentinian citizens?

Yes. Dependent children of the Argentinian applicant can generally be included in the partner visa for Argentinian citizens, subject to the criteria for dependent children and the public interest criteria that protect children. Where a child is not the child of both the applicant and the sponsor, the Department's material asks for documents that verify custody and access arrangements.

Consent of the other parent

Where a child from a previous relationship is to migrate, the other parent's position matters. Public interest criterion 4016 and the related best interests criteria require the decision maker to consider the child's circumstances, and the Department's material asks for custody evidence and, in many cases, the written consent of a person who can lawfully determine where the child lives. Argentine court orders about custody, known in Argentina as orders about responsabilidad parental and cuidado personal, should be provided with translations. Where the other parent will not consent, specialist advice is needed before lodgement.

Birth records for children

Each child needs a birth record showing both parents' names. For children born in Argentina, that is the provincial civil registry record. The libreta de familia can be provided as supporting evidence. Names on the child's records should match the names in the application, including any differences in the order of surnames.

What are the most common mistakes in a partner visa for Argentinian citizens?

The most common mistakes in a partner visa for Argentinian citizens are lodging before the de facto relationship has reached 12 months, letting the Work and Holiday visa expire before lodging, failing to declare a second citizenship or earlier visas held on a second passport, providing untranslated Spanish documents, and giving dates and addresses that do not match across forms. Every one of these mistakes is preventable.

Lodging too early as a de facto couple

A couple who meet in Australia and move in together quickly can be in a genuine de facto relationship long before they have 12 months of de facto relationship. Lodging before the 12 months are complete, without an Australian relationship registration or genuinely compelling and compassionate circumstances, invites refusal. The date the de facto relationship began must be honest and must be supported by the evidence, not chosen to fit a visa expiry date.

Letting the current visa expire

An Argentinian who lets a Work and Holiday visa expire before lodging may face the Schedule 3 criteria. That risk usually comes from leaving the decision too late. The safer approach is to plan the partner visa well before the Work and Holiday visa ends, and to obtain advice early if the 12-month de facto date falls after the visa expiry date.

Inconsistent history across visas

Argentinians often hold several Australian visas before applying for a partner visa: a Work and Holiday visa, a second Work and Holiday visa, a visitor visa, sometimes a student visa. Each application recorded a relationship status, an address and an employment history. If the partner visa tells a different story, the Department will ask why. The partner visa for Argentinian citizens must be prepared with the earlier applications in front of the person preparing it.

Missing or partial translations

In a partner visa for Argentinian citizens, untranslated documents are not ignored, but they slow the application down and may lead to a request for more information. Partial translations that leave out annotations can give the case officer an incomplete picture. Translate the whole document, upload it with the original, and make sure the translated names match the passport.

Thin evidence of a relationship that moved around

Relationships that began on a working holiday often move between cities, farms and share houses. Where the evidence does not follow the couple through each move, the household aspect looks weak. The answer is a clear timeline and evidence for each stage. The guides to why partner visas get refused and the most common Subclass 820 refusal reasons show how often unexplained gaps lead to refusal.

What happens after lodging a partner visa for Argentinian citizens?

After lodgement, the Department assesses the application, may request further information, may interview one or both partners, and then decides the temporary visa. The permanent Subclass 801 visa or Subclass 100 visa is assessed later, generally once two years have passed since the combined application was made, and the relationship is assessed afresh on the evidence before the decision maker at that time.

Requests for information and natural justice letters

Where the Department has concerns, it may ask for more information under section 56 or invite comment on adverse information under section 57. Both are opportunities to fix the problem before a decision is made. The guide to the s57 natural justice letter for a partner visa explains how to respond. Responses should be prepared carefully, because they become part of the evidence the decision is made on.

Changes in circumstances

Applicants must notify the Department of changes in circumstances, such as a new address, a new passport, the birth of a child or a change in the relationship. Section 104 of the Migration Act requires this. For an Argentinian applicant, a passport renewal at the Argentine consulate in Sydney or Melbourne, or the grant of a new European passport, is a change that must be reported.

The permanent stage

At the permanent stage of a partner visa for Argentinian citizens, the Department's policy describes a fresh assessment of whether the applicant continues to meet the definition of spouse or de facto partner. Applicants are also required to provide a current penal clearance for any country they have lived in for a cumulative period of 12 months or more since the temporary visa was granted. An Argentinian who returned to live in Argentina for a year during the temporary stage would therefore need a new Argentine certificate. Couples should keep building evidence throughout the temporary stage. If the relationship breaks down, the guide on what happens if the relationship breaks down applies, and where family violence is involved, the family violence provisions may allow the application to continue.

If the application is refused

If a partner visa for Argentinian citizens is refused, the refusal letter will say whether review is available. Review deadlines are short and strictly applied, so the decision should be read and acted on immediately. The guides to partner visa refused appeal options, what to expect at an ART review and applying for a partner visa after a visa refusal explain the options, and the partner visa refusals page explains how the firm acts in those matters.

How My Migration Lawyers prepares a partner visa for Argentinian citizens

My Migration Lawyers prepares a partner visa for Argentinian citizens by first fixing the legal strategy, then auditing every Argentine document and every past Australian visa, and only then assembling the relationship evidence for lodgement. The firm acts in many partner visa matters for applicants from Latin America, and it regularly handles complex cases involving working holiday timing, de facto relationships close to the 12-month line, second citizenships, previous marriages and prior refusals.

Strategy before paperwork

The firm starts by confirming which partner visa for Argentinian citizens is legally available and when. For an Argentinian on a Work and Holiday visa, that means checking the visa grant notice for conditions, mapping the expiry date against the date the de facto relationship began, and advising whether the couple should apply now, register their relationship in an Australian State or Territory, wait, or consider the offshore or prospective marriage route instead. Where the applicant has no substantive visa, the firm assesses the Schedule 3 position before anything else.

Auditing the Argentine documents

The firm reviews the Argentine civil registry records, the DNI, the passport or passports, any divorce judgement and annotated marriage record, any unión convivencial registration and the Argentine criminal record certificate. It checks that names, dates and DNI numbers match across all of them, that translations are complete, and that every citizenship is declared. It then compares the application with every earlier Australian visa application, so that the relationship status, addresses and employment history given in the past are consistent with the partner visa, or are corrected openly where they were wrong.

Reviewing the couple's own evidence

The firm reviews the relationship evidence the couple already has and maps it against the financial, household, social and commitment aspects of the relationship. It identifies gaps, such as a period of working holiday travel with no household evidence, and explains what further evidence is realistically available. It reviews the couple's own relationship statement and the Form 888 statements for gaps and inconsistencies, and the couple correct and confirm their own accounts. The firm presents the couple's evidence in the form the law requires. It does not create a story for them.

Through to the permanent stage

Where the firm is appointed, it lodges Form 956 so the Department corresponds with the firm. It responds to section 56 requests and section 57 letters, prepares the couple for any interview, notifies changes in circumstances, and prepares the evidence for the permanent stage. Couples who lodged themselves can ask the firm to review the file afterwards, as explained in the guide to hiring an immigration lawyer after lodging your own application, or can seek a second opinion from an immigration lawyer.

Who leads the work

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. The firm acts for Argentinian couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video from anywhere in Australia. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.

Book a consultation about your partner visa for Argentinian citizens

If you are an Argentinian citizen planning a partner visa, or the Australian partner of one, the best time to get advice is before the Work and Holiday visa expires and before anything is lodged. Book a Consultation with My Migration Lawyers to have your strategy, your Argentine documents and your relationship evidence reviewed together. You can also call 1300 040 300.