Australian Partner Visa for Brazilian Citizens

What is a partner visa for Brazilian citizens?

A partner visa for Brazilian citizens is an Australian visa that lets a Brazilian 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 special Brazilian version. A partner visa for Brazilian citizens is decided on the same criteria as every partner visa: a genuine and continuing relationship, the health and character requirements, and an approved sponsor.

What makes the Brazilian application different is the paperwork and the pathway. Brazilian civil records come from cartórios. Brazilian couples often formalise their relationship as a união estável rather than a marriage. Brazilian names follow a naming order that Australian systems frequently get wrong. Brazilian records are in Portuguese, not Spanish, so they need their own translations. And many Brazilians apply from inside Australia after arriving as international students. When the Work and Holiday programme was opened to Brazil, the Minister noted that Brazilians form the largest migrant group in Australia from Latin America, which is why so many partner visa questions come from this community.

This guide is written for Brazilians who are studying, working or visiting in Australia, for Brazilians living in Brazil with an Australian partner, and for the Australian sponsors of both. It explains the routes available from each starting point, how the união estável and Brazilian marriages are treated, what cartório documents are needed, how Brazilian police certificates fit the character requirement, and the mistakes that most often damage a partner visa for Brazilian citizens. The complete guide to partner visas in Australia explains the system as a whole.

Four starting points

The right partner visa for Brazilian citizens depends on where the applicant is starting from. A student on a student visa, a Work and Holiday visa holder, a visitor, and a Brazilian living in Brazil each face a different set of rules about where and when they can apply. The sections below take each starting point in turn, because getting the starting point wrong is the most expensive mistake a Brazilian couple can make.

Which partner visa for Brazilian citizens fits your situation?

The partner visa for Brazilian citizens that fits a couple's situation depends on three facts: where the Brazilian partner will be on the day of lodgement, whether the couple are married, in a união estável or engaged, and what visa, if any, the Brazilian partner holds in Australia. Those three facts decide the subclass, the timing and the risks.

A quick guide by situation

A Brazilian student in Sydney who has lived with an Australian partner for more than a year, and whose student visa is still in effect, will usually look at the onshore Subclass 820 and Subclass 801 visa. A Brazilian on a Work and Holiday visa in Brisbane who has lived with a partner for nine months faces a timing problem, because the de facto relationship may not reach 12 months before the Work and Holiday visa ends. A Brazilian in Florianópolis who married an Australian in Brazil will usually look at the offshore Subclass 309 and Subclass 100 visa. A Brazilian in Recife who is engaged to an Australian and wants to marry in Australia may look at the Subclass 300 visa. A Brazilian visitor in Melbourne must check the visitor visa for condition 8503 before anything else.

Why the starting point matters so much

The location rule is strict. The Department's 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. A couple who lodge the wrong application cannot simply move it to the right one. The partner visa lawyer guide and the guide on when you need an immigration lawyer for a partner visa explain where professional advice adds value, and the Subclass 820 visa requirements guide sets out the onshore criteria in full.

Partner visa for Brazilian citizens on a student visa: can you apply in Australia?

Yes. A Brazilian who holds a student visa can generally apply for the onshore Subclass 820 and Subclass 801 partner visa while in Australia, provided the relationship meets the legal requirements on the day of application and the student visa does not carry a condition preventing a further application. Brazilian students are one of the largest groups of onshore partner visa applicants, and the student pathway has its own risks.

The onshore partner visa is a combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa. The Subclass 820 visa explained and the Subclass 820 partner visa guide set out the requirements.

Keep complying with the student visa

Lodging a partner visa for Brazilian citizens does not end the student visa. The student visa stays in effect until it expires or is cancelled, and its conditions keep applying while it is in effect. Students who stop attending classes, stop paying for their course, or work beyond their permitted hours because they assume the partner visa protects them can put their student visa at risk. If the student visa is cancelled, the bridging visa that came with the partner visa application can be affected, and the applicant may face additional criteria. The safest approach is to keep studying and keep complying until the student visa ends and a bridging visa takes over.

When the bridging visa starts

Most onshore applicants for a partner visa for Brazilian citizens receive a Bridging visa A when they lodge. It generally comes into effect when the student visa ends. The bridging visa usually allows the applicant to stay lawfully until the Subclass 820 visa is decided, and its work rights may differ from the student visa. The guides to work rights while waiting for a Subclass 820 visa, Bridging visa A and bridging visas in Australia explain the detail.

Students whose visa has already ended

A Brazilian student whose visa has already expired, or whose visa was cancelled, and who has no other substantive visa, can still apply onshore in some circumstances, but must also satisfy the Schedule 3 criteria for a partner visa. A Schedule 3 waiver may be available where there are compelling reasons. These cases need advice before anything is lodged.

Can Brazilians use the Work and Holiday visa while in a relationship?

Yes, if a place is available. Brazil has participated in Australia's Work and Holiday programme since 1 July 2022, with an annual cap on places, and a Brazilian who holds a Work and Holiday Subclass 462 visa can generally apply for an onshore partner visa while that visa is in effect. The Department's published status of country caps has shown the Brazilian intake as paused at times, so a Work and Holiday visa cannot be relied on as a plan for a partner visa for Brazilian citizens.

Timing against the Work and Holiday visa

A Work and Holiday visa is a fixed-term visa, so a partner visa for Brazilian citizens should be planned around its expiry. The partner visa should be lodged while it is still in effect. If it expires before the partner visa is lodged, the applicant may become unlawful and Schedule 3 will apply. Couples who are close to the 12-month de facto mark when the Work and Holiday visa ends need advice early, because the two timelines do not always line up.

Consistent answers across applications

Brazilians who move from a student visa to a Work and Holiday visa, or the reverse, answer questions about their relationship status, address and employment in each application. If the partner visa later gives a different start date for the relationship, the Department will compare it with those earlier answers. Every application should tell the same story.

Can a Brazilian visitor apply for a partner visa in Australia?

Sometimes. A Brazilian visiting Australia on a Visitor Subclass 600 visa can apply onshore only if the visitor visa does not carry condition 8503, the no further stay condition, or if that condition has been waived. Many Brazilians visit an Australian partner before deciding to apply, and the visitor visa grant notice must be read before any onshore plan is made.

The guide on moving from a tourist visa to a partner visa in Australia explains the risks, and the guide on applying for a Subclass 820 visa with a no further stay condition explains what condition 8503 means. A visitor who declared an intention only to visit, and who then applies for a partner visa soon after arrival, should expect the Department to look closely at the timeline of the relationship. Honest answers on the visitor visa application protect the later partner visa.

What if the Brazilian partner is living in Brazil?

A Brazilian living in Brazil who wants a partner visa for Brazilian citizens applies for the offshore Subclass 309 and Subclass 100 partner visa, or, if engaged and planning to marry in Australia, for the Subclass 300 prospective marriage visa. The Department's application material says an applicant who applies outside Australia must be outside Australia when the application is received.

The offshore partner visa

The Subclass 309 visa is the temporary stage and the Subclass 100 visa is the permanent stage, applied for together. The applicant generally must also be outside Australia when the Subclass 309 visa is granted, so any visit to Australia during processing needs to be planned. An offshore partner visa for Brazilian citizens suits couples who are married or in a união estável in Brazil, or where the Brazilian partner has work or family commitments in São Paulo, Rio de Janeiro, Belo Horizonte or elsewhere.

The prospective marriage visa

The Subclass 300 prospective marriage visa suits an engaged couple who have met in person and intend to marry in Australia within the visa period. After the wedding, the applicant applies onshore. The Subclass 820 vs Subclass 801 guide explains what follows.

Couples planning to marry in Brazil

A couple who intend to marry in Brazil before the offshore application is decided can apply for the Subclass 309 visa on the basis of the intended marriage. The Department's policy says the marriage must be valid and must take place before the Subclass 309 visa can be granted. A partner visa for Brazilian citizens based on an intended marriage should therefore have a realistic wedding date.

What does the Australian sponsor of a Brazilian partner need to know?

The Australian sponsor of a partner visa for Brazilian 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 as part of the application. A sponsorship that cannot be approved causes the whole application to fail, so the sponsor's position should be checked at the start.

Limits on sponsorship

The Migration Regulations limit sponsorship in some circumstances, including where the sponsor has sponsored a previous partner, or was granted a partner visa themselves, within certain periods. An Australian sponsor who has sponsored before should obtain advice before the Brazilian partner lodges. The partner visa sponsorship limitations page explains these rules.

Sponsors of Brazilian background

Some sponsors are Australians of Brazilian background who hold both citizenships. A dual Brazilian and Australian sponsor must generally enter and leave Brazil on the Brazilian passport, which means the sponsor's Australian travel records may show only part of the time spent with the applicant in Brazil. Keeping boarding passes, bookings and passport stamps allows that time to be proved independently.

The sponsor's evidence

The sponsor's leases, bank statements, insurance policies and travel to Brazil are part of the household and financial evidence. The sponsor's account of the relationship must match the applicant's, and the sponsor's earlier relationships must be declared. A sponsor previously married in Brazil should provide the marriage certificate showing the averbação of the divorce. A partner visa for Brazilian citizens is assessed on the couple's evidence as a whole, so both partners should read the full application before it is lodged.

What Brazilian civil documents are needed for a partner visa?

A partner visa for Brazilian citizens usually needs the Brazilian passport, a Brazilian birth certificate from the cartório showing both parents' names, a national identity document, any marriage, união estável, divorce or name change records, Brazilian police certificates, and relationship evidence covering the whole relationship. Each document must be complete, recent where possible, and translated into English.

Birth certificates from the cartório

Brazilian births are registered at a cartório de registro civil, and certificates are issued by the cartório that holds the record. The Department's application material asks for a birth record showing both parents' names. A recent copy is usually better than an old one, because it reflects later annotations such as a marriage or a change of name. Where the applicant has an old certificate in a different format, a new copy can be requested from the cartório that holds the original record.

Identity documents

The passport is the primary identity document. The CPF and the identity card provide additional identity evidence and appear on many Brazilian records, so they help link those records to the applicant. Copies should be clear and complete, showing both sides of any card.

Military service records

The Department's application material asks for military service records or discharge papers if the applicant has served in the armed forces of any country. Military enlistment applies to many young Brazilian men, and some complete military service. A Brazilian applicant who served should provide the relevant service record and should answer any form question about military service accurately and consistently.

Relationship records made in Brazil

Couples who lived together in Brazil should gather evidence from that period: leases, utility bills, bank records, health insurance listing the partner as a dependant, and the escritura de união estável if there is one. Each Portuguese document needs a translation, so choose the strongest examples across the period rather than translating everything.

How is a Brazilian união estável treated in a partner visa for Brazilian citizens?

A Brazilian união estável is treated as evidence of a de facto relationship, not as a marriage. A couple in a união estável who have not married are assessed as de facto partners under section 5CB of the Migration Act 1958, and the 12-month de facto requirement in regulation 2.03A of the Migration Regulations 1994 generally applies. This is the most important legal point in a partner visa for Brazilian citizens who have formalised their relationship without marrying.

What a união estável is

Before preparing a partner visa for Brazilian citizens on this basis, it helps to understand that Brazilian law recognises a stable union between two people who live together publicly and continuously with the aim of forming a family. Many couples formalise it by signing an escritura pública de união estável before a notary at a cartório de notas, which records the couple's details, the start date they declare, and often the property regime they choose. A união estável can also be converted into a marriage.

Why the escritura does not remove the 12 months

Under subregulation 2.03A(5), the 12-month requirement does not apply where the de facto relationship is registered under a prescribed Australian State or Territory law. The Department's policy lists those laws: the relationship registers of New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. A Brazilian escritura is made under Brazilian law, so it is not on that list. A couple whose escritura is six months old, and who have lived together for six months, do not meet the 12-month requirement because of the escritura.

The 12-month rule is separate from whether the couple are de facto partners. The Department's policy confirms that a couple can meet section 5CB and still fail regulation 2.03A. The guides to the de facto partner visa and the 12-month rule and to whether you really need 12 months of de facto relationship explain both tests. The exceptions are an Australian State or Territory registration, which the Department accepts even if completed after lodgement but before decision, and compelling and compassionate circumstances, which is a high threshold.

Why the escritura is still valuable evidence

An escritura de união estável is still strong evidence in a partner visa for Brazilian citizens. It is a formal public declaration of the relationship, which goes to the social aspects of the relationship and the nature of the commitment. It often records shared property arrangements, which goes to the financial aspects. And it records a declared start date. That date matters: it should match the start date given in the partner visa application, the relationship statement and earlier visa applications. If the escritura declares that the couple have lived together since a date earlier than the rest of the evidence supports, the Department may question it. The date in a partner visa for Brazilian citizens should always be the true date, supported by evidence, not the most convenient one.

Converting the união estável into a marriage

Some couples convert their união estável into a marriage before applying. If the marriage is valid under Brazilian law, the couple are assessed as spouses under section 5F, and the 12-month de facto requirement does not apply. A marriage should never be entered into only for a visa, but a couple who were already planning to marry should understand how the timing changes the test.

Are Brazilian marriages and divorces recognised in Australia?

Yes. A marriage solemnised in Brazil is generally recognised in Australia if it was valid under Brazilian law when it took place. Under section 12 of the Migration Act, recognition follows Part VA of the Marriage Act 1961, subject to exceptions for certain polygamous marriages, marriages within prohibited degrees, certain underage marriages and marriages without real consent. Section 88E of the Marriage Act does not apply for migration purposes.

Same-sex marriages are recognised on the same basis. The Department's policy says that from 9 December 2017, Part VA recognises foreign same-sex marriages solemnised before or after that date where they were valid under local law. A same-sex couple married in Brazil can apply for a partner visa for Brazilian citizens as spouses. The LGBTI partner visa page covers the wider issues.

The certidão de casamento

The marriage is proved by the certidão de casamento issued by the cartório de registro civil where the marriage was registered. For a partner visa for Brazilian citizens, a recent full-content copy of the certificate is the best evidence, because it shows annotations made after the marriage, such as a change of name or a divorce. An old souvenir copy from the wedding day does not.

The averbação of a divorce

In Brazil, a divorce is recorded as an annotation, an averbação, on the original marriage record. Where the applicant or the sponsor was previously married in Brazil, provide the divorce decision or the public deed of divorce together with a recent marriage certificate showing the averbação. Under section 104 of the Family Law Act 1975, Australia generally recognises a foreign divorce effected under the law of the country concerned where at least one party had a specified connection with that country. A previous marriage that has not been ended can prevent a later marriage from being valid, so this record matters.

Previous relationships of de facto couples

For de facto couples, the Department's policy notes that a relationship with someone else close to the 12 months before the application may be relevant to whether the new relationship meets section 5CB. A previous união estável should be shown to have ended, for example by a dissolution deed or a clear account in the relationship statement.

How do Brazilian names and identity numbers affect the application?

Brazilian names and identity numbers affect a partner visa because the Department checks that every document relates to the same person. A partner visa for Brazilian citizens must present one consistent name, declare every name the applicant has used, and match the identity numbers on Brazilian records.

Brazilian surname order

Applicants for a partner visa for Brazilian citizens often have more than one surname. The usual order is the mother's surname first and the father's surname last, which is the reverse of the Spanish order used in much of Latin America. Australian systems typically treat the last name as the family name, so a Brazilian called Ana Paula Ferreira Santos may be recorded as Ana Santos by a bank, as Ana Paula F. Santos by an employer, and as Ana Ferreira by a landlord who assumed the first surname was the family name.

These differences are normal but must be explained. Enter the name in the application exactly as it appears in the passport. List every other form of the name in the section that asks for other names, and in Form 80 if it is requested. Explain briefly how Australian records show the name. Where household and financial documents show a shortened name, the explanation stops the case officer wondering whether the documents relate to someone else.

Name changes on marriage

For a partner visa for Brazilian citizens, name changes on marriage need care. Under Brazilian law, either spouse may add the other's surname on marriage, and many Brazilians do. A Brazilian woman may appear under her birth name on her birth certificate and student visa, and under a married name on a newer passport. A Brazilian man may also have added his wife's surname. The Department's application material asks for evidence of any change of name, and the marriage certificate usually records it. Where a name has changed, every earlier name must be declared, including names used in earlier Australian visa applications.

The CPF and the identity card

Brazilian records commonly carry the CPF, the individual taxpayer number, and the number of the identity card, the RG, which has traditionally been issued by each state. Because the RG has been issued by states, a person who obtained identity cards in different states may have held more than one RG number. The CPF should be the same everywhere. Where documents show different identity numbers, the reason should be explained.

Brazilians with Portuguese, Italian or other citizenship

Many Brazilians hold a second citizenship, often Portuguese or Italian, through descent. In a partner visa for Brazilian citizens, every citizenship must be declared, because leaving one out is an incorrect answer under section 101 of the Migration Act. The applicant should also list every earlier Australian visa, including any held on a European passport. A Brazilian with a Portuguese or Italian passport may have visited Australia as a European visitor or held a Working Holiday Subclass 417 visa rather than a Brazilian visa, and those visas form part of the immigration history the Department will check.

The applicant must also choose which passport to apply with and use it consistently through to grant. If a passport is renewed or replaced during processing, the Department must be told. Brazilians who lived in Portugal, Italy or another country for 12 months or more in the relevant period will usually need a police certificate from that country as well, because a Brazilian certificate covers only Brazil.

Do Brazilian documents need translation and an apostille?

Brazilian documents must be translated from Portuguese into English, but an apostille is not a general requirement for a partner visa for Brazilian citizens. The Department's partner visa material requires documents in a language other than English to be accompanied by an accurate English translation, and it speaks of certified copies, not apostilles.

Translations from Portuguese

Every Portuguese document in a partner visa for Brazilian citizens needs an English translation: the birth certificate, the marriage certificate and its annotations, the escritura de união estável, divorce records, police certificates, and any Portuguese document relied on as relationship evidence. The Department's application material recommends a NAATI accredited translator for translations done in Australia, and a professionally qualified translator for translations done outside Australia. Brazil has its own system of sworn public translators. A sworn translation from Portuguese into English by a qualified Brazilian translator may be appropriate for documents translated in Brazil, but the key requirement is an accurate and complete English translation.

Translations must include annotations. A marriage certificate translated without its averbação is incomplete, and the missing annotation may be the very thing that proves an earlier divorce. Names in the translation must match the passport exactly, including every surname in the correct order.

Where an apostille may help

Brazil and Australia are both parties to the Hague Apostille Convention. An apostille confirms the signature and seal on a public document, and in Brazil apostilles are issued through cartórios. The Department does not generally require an apostille for partner visa documents, but one can help where the authenticity of a record is questioned or where the document will later be used for another purpose. Lodgement should not be delayed just to obtain apostilles. If the Department asks for more, the guide to responding to a section 56 request explains what to do.

Certified copies and scanning

Most applications, including a partner visa for Brazilian citizens, are lodged online through ImmiAccount using clear colour scans of the full documents. Where certified copies are requested, they must be certified by a person or agency recognised by the law of the country concerned, or in Australia by a person before whom a statutory declaration may be made. The guide on how to create an ImmiAccount and the partner visa document checklist explain the practical steps.

What police certificates are needed for a partner visa for Brazilian citizens?

A Brazilian partner visa applicant usually needs a Brazilian police certificate if they have lived in Brazil for a total of 12 months or more in the last 10 years since turning 16, together with certificates from every other country where the same applies and an Australian police check if relevant. Brazil has both a federal criminal record certificate issued by the Brazilian Federal Police and criminal record certificates at state level, and the applicant should provide the certificate or certificates the Department requires for Brazil.

The character requirement for a partner visa for Brazilian citizens is assessed under section 501 of the Migration Act and public interest criterion 4001. The application form also asks direct questions about charges and convictions anywhere in the world. Those questions must be answered completely, including for matters that were resolved or that the applicant considers minor.

Federal and state certificates

The Brazilian Federal Police certificate covers federal records. Because criminal matters in Brazil are also handled by state courts, a federal certificate alone may not show everything. Where state-level certificates are required, they should be obtained for each state where the applicant has lived. An applicant who grew up in Minas Gerais, studied in São Paulo and worked in Santa Catarina should consider each of those states. The precise documents required should be confirmed against the Department's current requirements for Brazil before the certificates are ordered.

Names on the certificate

A police certificate in a partner visa for Brazilian citizens must be issued in the applicant's correct name and must cover every name the applicant has used. For a Brazilian who changed name on marriage, that may mean a certificate searched under both the birth name and the married name, or certificates that show both. A certificate issued under only one name may not satisfy the Department.

Translation and timing

Brazilian police certificates are in Portuguese and must be translated. Police certificates are generally treated as current for 12 months, and the Department's policy for the Subclass 801 stage describes penal clearances in those terms. At the permanent stage, applicants must also provide a current penal clearance for any country where they have lived for a cumulative 12 months or more since the temporary visa was granted. A Brazilian who returns to Brazil for a year during the temporary stage will need a new Brazilian certificate.

The sponsor's police checks

Under regulation 1.20KC of the Migration Regulations, the Department's policy is that a sponsor who has spent any time in Australia since turning 16 should be asked for an Australian National Police Check, and a sponsor may be asked for a 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 Brazil with the applicant may therefore need Brazilian certificates too, with translations. The sponsorship limitations page and the guide on when a sponsor cannot sponsor a partner visa explain the wider sponsor rules.

Honest disclosure

Sections 101 to 105 of the Migration Act require applicants to answer every question correctly, to notify changes in circumstances and to correct answers that were incorrect when given, and section 103 prohibits bogus documents. An undisclosed matter that later appears on a certificate does far more damage than the same matter disclosed and explained. Where a refusal on character grounds is proposed, the visa refusals page explains how the firm approaches those matters.

How do couples prove a genuine relationship in a partner visa for Brazilian citizens?

Brazilian couples prove a genuine relationship through 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 other circumstances. These are the four matters in regulation 1.15A for spouses and regulation 1.09A for de facto partners. A partner visa for Brazilian citizens uses the same four matters as every partner visa, but the typical student or working holiday relationship produces a particular kind of evidence.

The guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain the framework.

Student couples with modest finances

In a partner visa for Brazilian citizens, couples where one partner is a student often have modest and separate finances. The Brazilian partner may receive money from family in Brazil, pay tuition from savings, and work limited hours. That does not prevent a strong financial picture. Shared rent, shared bills, transfers between partners for household costs, joint purchases and nominated beneficiaries all show financial interdependence. The relationship statement should explain who pays for what, so the bank records make sense to the case officer.

Share houses and moving addresses

Many couples applying for a partner visa for Brazilian citizens begin their relationship in a share house with other students or workers. A shared house is still a shared household if the couple share a room, share costs and live as a couple, but the arrangement should be explained, and a letter from the head tenant or co-tenants can help. Addresses must match across the application, the bank records, the student visa history and the relationship statement. Addresses that differ between sources are one of the most common problems the Department raises.

Social evidence from two communities

Brazilian couples are often part of both a Brazilian community in Australia and an Australian circle of friends and family. Evidence of both is valuable: photographs over time with the Australian partner's family, Brazilian community events attended together, invitations addressed to both partners, and messages from family in Brazil. Witness statements are usually made on Form 888 by Australian citizens or permanent residents who know the couple. Brazilian friends and relatives who are not Australian citizens or permanent residents can still provide written letters, 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 help.

Commitment and the language of the relationship

Couples who communicate in Portuguese, or in a mix of Portuguese and English, should translate any messages they rely on. A selected and translated sample across the life of the relationship is far more useful than a large untranslated bundle. Evidence of commitment includes visits to Brazil together, meeting each other's families, plans for the future and steps already taken, such as a joint lease or a planned move.

One relationship statement

A partner visa has one relationship statement. It is the couple's own account, written in their own words and true in every detail. A lawyer can review it for gaps and inconsistencies, and the couple then correct and confirm their own account. The guide to the partner visa relationship statement explains what it should cover.

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

Yes. Dependent children of a Brazilian applicant can generally be included, subject to the dependent child criteria 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 verifying custody and access arrangements.

Guarda orders and the other parent's consent

In Brazil, arrangements for a child after separation are often set out in a court order or agreement about guarda. Where a child from a previous relationship is to migrate, public interest criterion 4016 and the related best interests criteria require the decision maker to consider the child's best interests, and the Department will usually expect evidence that a person who can lawfully decide where the child lives consents. Brazilian court orders and consents should be translated into English. Where the other parent will not consent or cannot be found, advice is essential before lodgement.

Children's birth certificates

Each child included in a partner visa for Brazilian citizens needs a Brazilian birth certificate from the cartório showing both parents' names. The child's surnames, which may combine both parents' surnames in the Brazilian order, should match across the passport, the certificate and the application.

What mistakes most often damage a partner visa for Brazilian citizens?

The mistakes that most often damage a partner visa for Brazilian citizens are lodging as de facto partners before 12 months on the strength of a união estável, breaching student visa conditions after lodging, mismatched names caused by Brazilian surname order, translations that leave out the averbação, and inconsistent answers across earlier student, Work and Holiday and visitor visa applications.

Relying on the escritura to avoid the 12 months

In a partner visa for Brazilian citizens, an escritura de união estável does not satisfy the registered relationship exception. Couples who lodge before 12 months of de facto relationship, without an Australian State or Territory registration or genuinely compelling and compassionate circumstances, risk refusal.

Treating the partner visa as protection from student visa conditions

Lodging a partner visa for Brazilian citizens does not suspend the student visa conditions. A student visa cancelled for non-compliance can create serious problems for the partner visa application.

Names that do not match

Brazilian surname order, name changes on marriage and Australian systems that truncate names produce many small differences. Each one is harmless if explained and damaging if ignored.

Incomplete translations

A marriage certificate translated without its annotations, or a police certificate translated without its reference numbers, gives an incomplete picture. Translate the whole document.

Inconsistent visa history

A partner visa for Brazilian citizens must be consistent with the answers given in every earlier Australian visa application. The guides to why partner visas get refused and the most common Subclass 820 refusal reasons show how often inconsistency leads to refusal. If a refusal does occur, review deadlines are short and strictly applied, and the guides to partner visa refused appeal options and what to expect at an ART review explain the next steps, while the partner visa refusals page explains how the firm acts in those matters.

How My Migration Lawyers prepares a partner visa for Brazilian citizens

My Migration Lawyers prepares a partner visa for Brazilian citizens by settling the right pathway from the applicant's starting point, reconciling every cartório record, identity number and name with the application and earlier visas, and then presenting the couple's own evidence in the form the law requires. The firm acts in many partner visa matters for Brazilian and other Latin American applicants, and it is capable of handling complex cases, including student visa transitions, união estável couples close to the 12-month line, name changes, previous Brazilian divorces, children from earlier relationships and prior refusals.

Pathway first

The firm starts every partner visa for Brazilian citizens by identifying the applicant's starting point: student visa, Work and Holiday visa, visitor visa, no current visa, or living in Brazil. It reads the current visa grant notice for conditions, maps visa expiry dates against the relationship timeline, confirms whether the couple are spouses or de facto partners, and advises whether to lodge now, register the relationship in an Australian State or Territory, wait, or use the offshore or prospective marriage route.

Reconciling the Brazilian records

The firm reviews the passport, the CPF, identity cards, cartório birth and marriage certificates with their annotations, any escritura de união estável, any divorce decision or deed, and the Brazilian police certificates. It checks every surname, every identity number and every date across the documents and the translations, and compares the application with the earlier student, Work and Holiday and visitor visa applications so the history is consistent or openly corrected.

Reviewing the couple's evidence

The firm maps the couple's existing evidence against the financial, household, social and commitment aspects of the relationship, identifies gaps such as share house periods or time apart, 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. Where the firm is appointed, it lodges Form 956, responds to section 56 requests and section 57 natural justice letters, notifies changes in circumstances through Form 1022, and prepares the file for the permanent stage. Couples who lodged themselves can ask for a review, as explained in the guide to hiring an immigration lawyer after lodging your own application, or 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 the firm is on the About My Migration Lawyers page and the partner visa lawyers page. The firm acts for Brazilian couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video. The guide to booking an immigration lawyer consultation explains what to expect.

Book a consultation about your partner visa for Brazilian citizens

If you are a Brazilian citizen, or the Australian partner of one, the best time to get advice is before your current visa ends and before anything is lodged. Book a Consultation with My Migration Lawyers to have your pathway, your Brazilian documents and your relationship evidence reviewed together. You can also call 1300 040 300.