Australian Partner Visa for Chilean Citizens

Can Chilean citizens apply for an Australian partner visa?

Yes. A partner visa for Chilean citizens is available to a Chilean citizen who is the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, or who is engaged to marry one. A partner visa for Chilean citizens is not a special visa. It is the ordinary Australian partner visa, decided on the same criteria, but supported by Chilean civil records, Chilean identity documents and a relationship history that often spans Chile and Australia.

The criteria are the same for everyone. The couple must be in a genuine and continuing relationship. The applicant must meet the health and character requirements. The sponsor must be approved. What makes a partner visa for Chilean citizens distinctive is the way Chilean law records relationships and identity. Chile has a civil union, the acuerdo de unión civil, that has no direct Australian equivalent. Chileans carry two surnames as a matter of law. Chilean civil records are issued by a single national registry service, often electronically. Each of these features affects how the application must be prepared.

The three groups of Chilean applicants

People who search for a partner visa for Chilean citizens tend to fall into three groups. The first is Chileans already in Australia, usually on a Work and Holiday Subclass 462 visa, a student visa or a visitor visa, who have formed a relationship with an Australian. The second is Chileans living in Chile whose Australian partner met them while working, studying or travelling in South America. The third is Australian citizens and permanent residents of Chilean background who have married or partnered with someone in Chile and now want to bring that person to Australia. This guide addresses all three, and the complete guide to partner visas in Australia explains the system as a whole.

Start with the relationship, not the visa

Most guides start by listing visa subclasses. For Chilean couples, that is the wrong place to start. The correct first question is what kind of relationship Australian law will say the couple has, because that decides which test applies, whether a 12-month requirement applies, and what evidence the Department expects. The next section answers that question.

Married, civil union or de facto: which category applies in a partner visa for Chilean citizens?

In a partner visa for Chilean citizens, the couple is assessed either as spouses, if they are in a marriage recognised under Australian law, or as de facto partners, if they are not married. A couple in a Chilean acuerdo de unión civil who have not married are assessed as de facto partners. An engaged couple who intend to marry may apply for the prospective marriage visa instead. The category chosen for a partner visa for Chilean citizens must match the couple's actual legal status on the day of application.

Couples married in Chile

A marriage solemnised in Chile is generally recognised in Australia if it was valid under Chilean law when it was solemnised. Under section 12 of the Migration Act 1958, recognition of a foreign marriage 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, which recognises some marriages only under common law rules, does not apply for migration purposes. A married couple is assessed under section 5F of the Migration Act, and the 12-month de facto requirement does not apply to them.

Same-sex marriages are treated the same way. The Department's policy confirms that, from 9 December 2017, Part VA recognises foreign same-sex marriages, whether solemnised before or after that date, where the marriage was valid under local law when solemnised. Chile now permits same-sex marriage, so a same-sex couple married in Chile can apply as spouses. The LGBTI partner visa page covers the wider considerations.

Couples in an acuerdo de unión civil

Couples applying for a partner visa for Chilean citizens who have entered into an acuerdo de unión civil are in a registered civil union under Chilean law, not a marriage. For Australian migration purposes, they are assessed as de facto partners under section 5CB of the Migration Act. The civil union is strong evidence of commitment, but it does not change the legal category. This is explained in detail in the next section, because it is the single most misunderstood point in a partner visa for Chilean citizens.

Couples living together without registration

Chilean couples who live together without marrying or registering a civil union are also assessed as de facto partners. Section 5CB requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. 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 the test.

Couples engaged to marry

A Chilean outside Australia who is engaged to an Australian partner and intends to marry in Australia may apply for the Subclass 300 prospective marriage visa. The couple must have met in person. After the wedding, the applicant applies onshore for the permanent pathway. Alternatively, a couple who intend to marry in Chile before the offshore application is decided can apply for the Subclass 309 visa on the basis of the intended marriage, but the Department's policy says the marriage must have taken place before the Subclass 309 visa can be granted.

How does an acuerdo de unión civil affect a partner visa for Chilean citizens?

An acuerdo de unión civil helps a partner visa for Chilean citizens as evidence, but it does not make the couple spouses and it does not remove the 12-month de facto requirement. Regulation 2.03A of the Migration Regulations 1994 generally requires a de facto relationship to have existed for at least 12 months immediately before the application, and the registered relationship exception in subregulation 2.03A(5) applies only to relationships registered under prescribed Australian State or Territory laws.

Why the Chilean registration does not count for the exception

The Department's policy lists the laws that meet subregulation 2.03A(5). They are the relationship registers of New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory, including the ACT civil partnership and civil union schemes. No foreign registration is on the list. An acuerdo de unión civil, however formal, is registered under Chilean law, so it cannot satisfy subregulation 2.03A(5). A couple who have been in a civil union for six months, and lived together for six months, still have six months of de facto relationship for the purposes of the 12-month rule.

What the civil union does prove

The civil union is still valuable evidence. It shows the couple made a formal, public commitment before a state authority. It is relevant to the nature of the commitment and to the social aspects of the relationship, because it shows how the couple represent themselves to the world. It also usually fixes a reliable date. The date of the acuerdo de unión civil should be consistent with the date the couple say they began living together and with the rest of the timeline. A civil union date that comes before the claimed start of cohabitation, or long after it, needs an explanation.

Options when the relationship is under 12 months

Where a couple applying for a partner visa for Chilean citizens are in a civil union but have less than 12 months of de facto relationship, the options are limited and should be assessed carefully. The couple may be able to register the relationship in an Australian State or Territory with a prescribed register. The Department's policy accepts a registration completed after lodgement but before the decision, but a receipt for a pending registration application is not enough. The couple may decide to marry, which changes the test from de facto to spouse, although marriage should never be entered into only for a visa. Or the couple may wait until the 12 months are complete. The compelling and compassionate exception exists, but the Department describes it as a high threshold, and its policy says pregnancy at the time of application is not, on its own, enough.

A previous civil union or marriage

A previous acuerdo de unión civil with someone else, or a previous marriage, should be ended and documented. A previous marriage that has not been dissolved can prevent a later marriage from being valid. For de facto couples, the Department's policy notes that a partner relationship with someone else close to the 12 months before the application may be relevant to whether the new relationship meets section 5CB. Provide the Chilean divorce judgement, the marriage certificate showing the annotation of the divorce where available, or the record showing the termination of the earlier civil union. 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 when proceedings began.

Should a partner visa for Chilean citizens be lodged from Chile or from Australia?

A Chilean living in Chile applies for the offshore Subclass 309 and Subclass 100 partner visa, and a Chilean already in Australia on a visa that permits a further application usually applies for the onshore Subclass 820 and Subclass 801 partner visa. The location rule is strict: the Department's application material says an applicant who applies outside Australia must be outside Australia when the application is received, and an applicant who applies in Australia must be in Australia when it is received.

Applying from Chile: Subclass 309 and Subclass 100

Many Chilean applicants apply from Santiago, Valparaíso, Concepción or another Chilean city. The Subclass 309 visa is the temporary stage and the Subclass 100 visa is the permanent stage, applied for together. The offshore partner visa for Chilean citizens suits couples where the Chilean partner has employment, study, property or family responsibilities in Chile, or where the couple are married in Chile and want to move to Australia together.

Two practical rules matter. First, under the visa criteria, the applicant must generally be outside Australia when the Subclass 309 visa is granted. A Chilean applicant who visits Australia while the offshore application is being processed must plan to be back outside Australia before grant. Second, the couple are often living in different countries during processing, so the evidence of contact, visits and joint plans must be strong. Living apart does not end a relationship, but the Department's policy says any separation must be temporary.

Applying in Australia: Subclass 820 and Subclass 801

A Chilean already in Australia usually lodges a partner visa for Chilean citizens onshore, applying for the Subclass 820 visa and Subclass 801 visa together. The Subclass 820 partner visa guide and the Subclass 820 vs Subclass 801 guide explain the two stages. Chile participates in Australia's Work and Holiday programme, so many Chilean onshore applicants hold a Subclass 462 visa when they apply. The application should be lodged while that visa is still in effect, because an applicant who becomes unlawful must also meet the Schedule 3 criteria.

Chileans on visitor visas should check whether their visa carries condition 8503, the no further stay condition, before planning an onshore application. The guide on applying for a Subclass 820 visa with a no further stay condition explains the position, and the guide on moving from a tourist visa to a partner visa covers the wider risks.

Travel to Chile while an onshore application is pending

Applicants for a partner visa for Chilean citizens often need to travel home during processing, for a family event or an emergency. Most onshore applicants hold a Bridging visa A once their earlier visa ends, and a Bridging visa A generally does not allow the holder to leave and return to Australia. An applicant who needs to travel usually applies for a Bridging visa B before departing. Leaving without one can leave the applicant outside Australia with no visa to return on. The guides to Bridging visa A and Bridging visa B explain the difference, and the guide on work rights while waiting for a Subclass 820 visa covers day-to-day rights.

What identity documents does a partner visa for Chilean citizens need?

A partner visa for Chilean citizens usually needs the Chilean passport, the cédula de identidad, and a Chilean birth certificate showing both parents' names, together with any marriage, civil union, divorce or name change records. These documents establish identity, and the Department compares every name, date and number on them against the application forms and against any earlier Australian visa application.

The partner visa document checklist gives the general list. The sections below deal with what is specific to Chile.

The cédula de identidad and the RUN

In a partner visa for Chilean citizens, the Chilean identity card, the cédula de identidad, carries the holder's national identification number, known as the RUN. The same number is used for tax purposes, where it is usually called the RUT. Because the number appears on so many Chilean records, it is a useful anchor for identity. The RUN on the cédula, on Registro Civil certificates, on the criminal record certificate and on any Chilean bank or employment record should be identical. If a document shows a different number, or omits the check digit that follows the main number, the difference should be explained before the case officer has to ask.

Two surnames: the most common source of mismatch

Chileans carry two surnames: the paternal surname, followed by the maternal surname. Both appear on the cédula, the passport and Registro Civil certificates. Australian systems do not always handle this well. An Australian lease, bank account, Medicare record or employer record may show only the first surname, may join the two surnames with a hyphen, or may treat the paternal surname as a middle name. A Chilean called María José González Muñoz may appear as Maria Gonzalez on a phone bill, as Maria Jose Gonzalez-Munoz on a lease, and as Maria J Munoz in a joint bank account where the bank has misread the order.

For a partner visa for Chilean citizens, this is not a minor formatting issue. The household and financial evidence must be recognisably about the same person as the passport. The safest approach is to enter the name in the application exactly as it appears in the passport, to list every other form of the name in the section that asks for other names, and to include a short explanation of how the name appears on Australian records. Where the applicant has been known by a different name in earlier Australian visa applications, that should also be declared. The Form 80 guide explains how other names are recorded where Form 80 is requested.

Accents and special characters

Names in a partner visa for Chilean citizens often include accents and the letter ñ. Machine readable passport lines remove them, and Australian systems often drop them. An accent missing from a lease is not a problem in itself, but the same name should not be spelled in three different ways across the forms. Choose the passport spelling for the application and use it consistently.

Changes of name after marriage

Chilean law does not require a person to take a spouse's surname on marriage, and most Chileans keep their own two surnames for legal purposes. Some use a spouse's surname socially. If any document shows a different surname because of marriage or social use, the Department's application material asks for evidence of a change of name, and where there has been no formal change, an explanation should be given.

Which Registro Civil certificates are needed for a partner visa for Chilean citizens?

The Chilean civil records needed for a partner visa usually include a birth certificate showing both parents' names, a marriage certificate for married couples, a civil union certificate for couples in an acuerdo de unión civil, and the record of any earlier divorce or termination of a civil union. Chilean civil status records are kept by the national Servicio de Registro Civil e Identificación, which means the format is more uniform than in countries where each province keeps its own records.

Choosing the right version of a certificate

Chilean registry certificates are available in more than one version, and some short versions are designed for limited purposes. For a partner visa for Chilean citizens, the birth certificate should be a version that shows both parents' names, because the Department's application material asks for a birth record showing both parents. The marriage certificate should be a version that shows any annotations, such as a later divorce or a separation of property regime. If the case officer receives a short extract that omits these details, a request for more information usually follows.

Electronic certificates

Many Chilean civil records are issued electronically, with a verification code that allows the document to be checked. Upload the full electronic certificate, including the page or section that shows the verification code, and make sure the translation includes the code. A cropped image that removes the code, or a screenshot of a certificate on a phone, is weaker evidence than the full document.

The civil union certificate

Couples in an acuerdo de unión civil should provide the certificate of the civil union with their partner visa for Chilean citizens. It records the date the union was entered into and the parties' details. Its date should sit comfortably within the couple's relationship timeline, and the names on it must match the passports. If the civil union was entered into at a Chilean consulate outside Chile, the record should still be obtainable from the Chilean civil registry.

Records of the Australian sponsor

Where the Australian sponsor married or entered a civil union in Chile, the same Chilean records establish the sponsor's relationship status. Where the sponsor was previously married in Australia or elsewhere, the sponsor must provide the relevant divorce record. A partner visa for Chilean citizens is assessed on both partners' histories, not only the applicant's.

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

A Chilean partner visa applicant usually needs a Chilean criminal record certificate, known as the certificado de antecedentes, if they have lived in Chile for a total of 12 months or more in the last 10 years since turning 16, as well as certificates from every other country where that applies and an Australian police check if relevant. The certificate is in Spanish and must be provided with an English translation.

The character requirement is assessed under section 501 of the Migration Act and public interest criterion 4001. Police certificates are the core evidence, and the application form asks direct questions about charges and convictions anywhere in the world. Those questions must be answered completely. A matter that has been resolved, that the applicant believes is minor, or that does not appear on a particular version of a certificate must still be disclosed if the question covers it.

Choosing the right type of certificate

Chilean criminal record certificates can be issued for different purposes, and a certificate issued for a limited purpose may not disclose everything. For a partner visa for Chilean citizens, the certificate should be the version suitable for immigration or for all purposes, so that it gives a complete picture. If the Department considers a certificate incomplete, it may ask for another one, which delays the application.

Validity and timing

Police certificates used in a partner visa for Chilean citizens are generally treated as current for 12 months. The Department's policy for the Subclass 801 stage describes penal clearances in those terms. A certificate obtained too early may expire before the visa is decided, so timing should be planned with the expected processing period in mind. At the permanent stage, applicants must also provide a current penal clearance for any country where they have lived for a cumulative period of 12 months or more since the temporary visa was granted. A Chilean applicant who moves back to Chile for a year during the temporary stage will need a fresh Chilean certificate for the permanent stage.

The sponsor's police checks

The Australian sponsor may be asked for 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 Chile with the applicant for over a year may therefore need a Chilean certificate as well, with an English translation. The sponsorship limitations page and the guide on when a sponsor cannot sponsor a partner visa explain the other sponsor rules.

Disclosure, not concealment

Sections 101 to 105 of the Migration Act require applicants to answer every question correctly, to notify changes in circumstances and to correct any answer that was incorrect when given. Section 103 prohibits giving bogus documents. A non-disclosed conviction that later appears on a certificate is far more damaging than the same conviction disclosed and explained at the outset. Where character is a genuine concern, advice should be obtained before lodgement, and where a refusal is proposed, the visa refusals page explains how the firm approaches those matters.

Do Chilean documents need translation and an apostille?

Chilean documents in Spanish must be translated into English, but an apostille is not a general requirement for a partner visa for Chilean 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 rather than apostilles.

Translations that match the passport

The Department's application material recommends a NAATI accredited translator where the translation is done in Australia, and a professionally qualified translator where it is done outside Australia. For Chilean documents, one instruction matters more than any other: the translated names must match the passport exactly, including both surnames in the same order. A translator who anglicises a name, drops the maternal surname or reverses the order creates a mismatch that did not exist in the original. Check every translation against the passport before it is uploaded.

Translations should cover the whole document, including seals, annotations, verification codes and marginal notes. Upload the Spanish original and the English translation together.

When an apostille may help

Chile and Australia are both parties to the Hague Apostille Convention. An apostille confirms the authenticity of the signature and seal on a public document. The Department does not generally require apostilles for partner visa documents, but an apostille can be helpful where the authenticity of a document is questioned or where the same document will later be used for another Australian purpose. Lodgement should not be delayed to obtain one unless there is a specific reason.

Certified copies and online lodgement

Most applications, including a partner visa for Chilean citizens, are lodged online through ImmiAccount using clear colour scans. Where certified copies are requested, the Department's material says copies 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 explains the online process.

What should the Australian sponsor of a Chilean partner prepare?

The Australian sponsor of a partner visa for Chilean citizens should prepare evidence of their own Australian citizenship, permanent residence or eligible New Zealand citizenship, their own relationship history, their travel to Chile, and any police certificates the Department requests. The sponsorship is assessed as part of the partner visa application, and a sponsorship that cannot be approved causes the whole application to fail.

Sponsors of Chilean background

Many sponsors of a partner visa for Chilean citizens are Australians of Chilean background, sometimes with Chilean citizenship as well. A dual Chilean and Australian sponsor may travel to Chile on a Chilean passport and to Australia on an Australian passport. That is lawful, but it means the sponsor's travel history in the Department's records may show only part of the time spent with the applicant. The sponsor should keep boarding passes, passport stamps and booking records so that time spent together in Chile can be proved independently.

The sponsor's relationship history

The sponsor must declare earlier partner relationships and earlier sponsorships. 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. A sponsor who was previously married in Chile must provide the divorce record, and the Chilean marriage certificate showing the divorce annotation is often the clearest evidence. The partner visa sponsorship limitations page explains when a sponsor needs advice before the applicant lodges.

The sponsor's own evidence

The sponsor is part of the evidence, not an observer. Leases, bank statements, insurance policies and travel bookings in the sponsor's name are household and financial evidence. The sponsor's account of the relationship must match the applicant's. Where the couple live apart, the sponsor's records of visits to Chile, money sent to Chile and plans for the applicant's arrival are central to the case. Both partners should read the complete application before it is lodged, because a partner visa for Chilean citizens is assessed on the couple's evidence as a whole.

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

Chilean couples prove a genuine relationship with 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 every other circumstance. These four matters come from regulation 1.15A of the Migration Regulations for spouses and regulation 1.09A for de facto partners. A partner visa for Chilean citizens uses the same four matters as every other partner visa, but the evidence often looks different because many Chilean relationships cross the Pacific.

The guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain the general framework. The points below are the ones that most often arise for Chilean couples.

Financial aspects across two currencies

In a partner visa for Chilean citizens, the financial evidence often involves money managed in both pesos and Australian dollars. The Chilean partner may still hold a Chilean bank account, pay a family obligation in Chile, or receive income from Chile. Transfers between Chilean and Australian accounts can show financial interdependence, but only if the relationship statement explains what they are for. A transfer described as "rent for our flat in Valparaíso" carries meaning that an unexplained transfer does not. Joint accounts, shared bills, insurance policies and nominated beneficiaries add weight. Couples who keep their finances separate should describe how they share costs.

The household when the couple live in two countries

Offshore couples often have no shared household for long periods. 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 and that the couple must intend to live together. For an offshore partner visa for Chilean citizens, the household evidence is usually the history of the periods spent living together, in Chile or in Australia, together with evidence of the plan to live together in Australia. Accommodation bookings, leases in Chile, and evidence of the Australian partner staying in the Chilean partner's home all help.

Social evidence from family in Chile and friends in Australia

Chilean families are often closely involved in a relationship, and family recognition is strong social evidence. Photographs with family across different years, invitations, messages from relatives and evidence of family gatherings in Chile and Australia all show that the couple are recognised as a couple. Witness statements are usually made on Form 888 by Australian citizens or permanent residents who know the couple. Family members in Chile who are not Australian citizens or permanent residents can provide a written letter 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 the role of witnesses.

Commitment shown through visits and plans

The nature of the commitment is often the strongest aspect for a long-distance Chilean couple. Return flights between Santiago and Australia, time taken off work to visit, daily communication across time zones, and concrete steps towards living together, such as a job search in Australia, a lease being arranged or the sale of property in Chile, all show commitment. Communication evidence should be a representative sample across the whole relationship. Messages in Spanish need translation if they are relied on, so a selected and translated sample is more useful than a large untranslated bundle.

One relationship statement in the couple's own words

A partner visa has one relationship statement. It should describe how the couple met, how the relationship developed, how they live now, why they live apart if they do, and what they plan. It must be true and in the couple's own words. 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 its structure.

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

Yes. A Chilean applicant can generally include dependent children in a partner visa application, 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 application material asks for documents verifying custody and access arrangements.

Custody orders and the other parent's consent

In Chile, decisions about a child's care after separation are often made by the family courts, and orders about personal care of the child are known as orders of cuidado personal. 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 whether the grant of the visa is in the child's best interests, and the Department will usually expect evidence that a person who can lawfully decide where the child lives consents. Chilean court orders and consents should be provided with English translations. Where the other parent cannot be located or will not consent, advice is essential before lodgement.

Birth records for children

Each child included in a partner visa for Chilean citizens needs a Chilean birth certificate showing both parents' names. The child's two surnames should match across the passport, the birth certificate and the application. Where a child's surnames differ from those of the applicant, the reason should be clear from the records or explained.

The sponsor and children

Where children are included, the sponsor's police checks take on additional importance. The Department's policy explains that where police checks disclose that a sponsor has been convicted of, or has an unresolved charge for, a registrable offence, the sponsorship must generally be refused, subject to limited exceptions. Sponsors with any criminal history should obtain advice before lodgement.

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

The most common mistakes in a partner visa for Chilean citizens are treating an acuerdo de unión civil as a marriage, lodging as de facto partners before the 12 months are complete, entering names inconsistently because of the two surnames, using short versions of Registro Civil certificates, and being in Australia when an offshore visa is due to be granted. These mistakes are preventable.

Treating the civil union as a marriage

Couples who select "married" in a partner visa for Chilean citizens because they have an acuerdo de unión civil give an incorrect answer. The correct category is de facto. That error can affect credibility, can trigger the 12-month requirement the couple did not plan for, and may require correction under section 105 of the Migration Act.

Lodging too early as de facto partners

Couples who rely on the civil union to avoid the 12-month requirement, without an Australian State or Territory registration or genuine compelling and compassionate circumstances, risk refusal. Count the 12 months from when the de facto relationship actually began, and make sure the evidence supports that date.

Inconsistent names and identity numbers

Two surnames, accents and the RUN check digit create many opportunities for small inconsistencies. Small inconsistencies across many documents look like a large problem. Choose the passport form of the name, use it everywhere, list every variation and explain how Australian records show the name.

Short certificates and cropped electronic records

A short birth certificate without parents' names, a marriage certificate without annotations, or a cropped electronic certificate without its verification code all invite a request for more information. Request the full version and upload the whole document.

Being in Australia at the wrong time

Offshore applicants for a partner visa for Chilean citizens must be outside Australia when they apply and generally outside Australia when the Subclass 309 visa is granted. Onshore applicants who travel without a Bridging visa B may lose the ability to return. Plan travel around the application, not the other way round.

Inconsistent earlier visa applications

Chileans who held a Work and Holiday visa, a student visa or a visitor visa before applying for a partner visa gave answers about their relationship status, address and employment in each of those applications. The partner visa must be consistent with them, or any earlier error must be corrected openly. The guides to why partner visas get refused and the most common Subclass 820 refusal reasons show how often inconsistency leads to refusal.

What happens after a partner visa for Chilean citizens is lodged?

After lodgement, the Department assesses the application, may request more information or invite comment on adverse 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, on a fresh assessment of the relationship at that time.

Responding to the Department

In a partner visa for Chilean citizens, a request for information under section 56, or an invitation to comment under section 57, is an opportunity to fix a problem before a decision is made. Responses become part of the evidence and should be prepared carefully. The guides to responding to a section 56 request and the s57 natural justice letter for a partner visa explain each step.

Keeping the Department informed

Section 104 of the Migration Act requires applicants for a partner visa for Chilean citizens to notify changes in circumstances. A new Chilean passport issued by a Chilean consulate in Australia, a change of address, the birth of a child or a change in the relationship must be reported. The guide to Form 1022 change of circumstances explains how.

If the relationship ends or the visa is refused

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 a partner visa for Chilean citizens is refused, review deadlines are short and strictly applied, so the decision should be assessed immediately. The guides to partner visa refused appeal options, what to expect at an ART review and when you need a visa appeal lawyer explain the options, and the partner visa refusals page explains how the firm acts in those matters.

How My Migration Lawyers helps with a partner visa for Chilean citizens

My Migration Lawyers helps with a partner visa for Chilean citizens by first settling the relationship category, then reconciling the couple's Chilean identity and civil records with every Australian record and earlier visa, and then presenting the couple's own relationship evidence in the form the law requires. The firm acts in many partner visa matters for Latin American applicants and is capable of handling complex cases, including civil unions, de facto relationships close to the 12-month line, offshore couples living in different countries, children from previous relationships and prior refusals.

Settling the relationship category first

The firm begins every partner visa for Chilean citizens by deciding, with the couple, whether they are spouses, de facto partners or an engaged couple in Australian law, and whether the 12-month requirement applies. For couples in an acuerdo de unión civil, the firm explains why the civil union does not make them spouses, whether an Australian State or Territory registration is available where they live, and what the realistic timing is. For couples applying from Chile, the firm confirms the offshore route and plans travel around the grant rules.

Reconciling Chilean records with Australian records

The firm reviews the passport, the cédula de identidad, the Registro Civil birth, marriage and civil union certificates, any divorce or termination records and the Chilean criminal record certificate. It checks both surnames, accents and the RUN across every document, checks that translations reproduce the passport names exactly, and checks the application against every earlier Australian visa so the history is consistent or openly corrected.

Reviewing the couple's own evidence

The firm maps the couple's existing evidence against the financial, household, social and commitment aspects of the relationship, identifies gaps such as periods living in different countries, 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 requests from the Department, 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, and couples weighing up whether to use a lawyer can read partner visa lawyer vs doing it yourself.

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 Chilean couples across Australia, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and Australian sponsors whose partners are still in Chile. Consultations are by video, and the guide to booking an immigration lawyer consultation explains what to expect.

Book a consultation about your partner visa for Chilean citizens

If you are a Chilean citizen, or the Australian partner of one, the right time to get advice is before you choose a relationship category and before anything is lodged. Book a Consultation with My Migration Lawyers to have your relationship category, your Chilean records and your evidence reviewed together. You can also call 1300 040 300.