Australian Partner Visa for Colombian Citizens

Can Colombian citizens apply for an Australian partner visa?

Yes. A partner visa for Colombian citizens is available to any Colombian national who is married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or who is engaged to one and intends to marry. The law does not create a special partner visa for Colombian citizens. Every applicant, whatever their nationality, must meet the same criteria in the Migration Act 1958 and the Migration Regulations 1994.

What changes for a Colombian applicant is the paperwork and the risk points. A partner visa for Colombian citizens is built on Colombian civil registry records, apostilles, Spanish translations, a Colombian certificate of judicial records and evidence of a relationship that has often been conducted partly across two continents. This article sets out how to apply, step by step, in the order the work should actually be done. It is written for the Colombian partner and for the Australian partner who will sponsor them. For the general rules on every partner pathway, read the complete guide to partner visas in Australia.

The order matters. Many couples start by collecting photographs and messages. The better starting point is the visa the Colombian partner holds today, because that decides whether a valid application can be made in Australia at all. Couples who want that first check done properly can speak with our partner visa lawyers.

What the Department assesses for every couple

For a married or de facto couple, the Department of Home Affairs assesses whether the relationship is genuine and continuing, whether the couple have a mutual commitment to a shared life to the exclusion of all others, and whether they live together or do not live separately and apart on a permanent basis. The decision maker looks at four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A partner visa for Colombian citizens is assessed against exactly these tests. The partner visa relationship evidence guide explains how each aspect is proved.

The applicant must also meet health, character and identity requirements, and the Australian partner must be an approved sponsor. Those requirements are where Colombian documents come into the file, and they are the reason a partner visa for Colombian citizens needs careful document planning from the first week.

Which partner visa should a Colombian citizen apply for?

A Colombian citizen in Australia usually applies for the combined Subclass 820 and Subclass 801 partner visa, a Colombian citizen outside Australia usually applies for the combined Subclass 309 and Subclass 100 partner visa, and an engaged couple who will marry in Australia can use the Subclass 300 prospective marriage visa. The right choice depends on where the applicant is at the moment of lodgement and on the visa they hold.

Onshore: Subclass 820 and Subclass 801

The Subclass 820 onshore partner visa is the temporary first stage, and the Subclass 801 is the permanent second stage. Both are applied for together in one online application. The applicant must be in Australia when the application is made and, in most cases, when the first stage is granted. The Subclass 820 vs Subclass 801 explainer sets out how the two stages connect, and the Subclass 820 partner visa requirements guide covers each criterion.

For many Colombian applicants, the onshore pathway is the natural one. A large number of Colombian nationals first come to Australia to study, and many relationships begin during that period. An onshore partner visa for Colombian citizens allows the applicant to remain in Australia on a bridging visa while the application is processed, which is often the main practical reason the couple chooses it.

Offshore: Subclass 309 and Subclass 100

The Subclass 309 offshore partner visa is the temporary first stage for an applicant outside Australia, and the Subclass 100 is the permanent second stage. The application is lodged online. Nobody posts paper forms from Bogotá or Medellín. In practice, the person who usually instructs a lawyer for an offshore partner visa for Colombian citizens is the Australian partner, who is also the sponsor, and the work is run from Australia. The applicant must be outside Australia when the visa is granted.

Engaged couples: Subclass 300

The Subclass 300 prospective marriage visa allows a Colombian fiancé or fiancée to travel to Australia, marry the Australian partner within the visa period and then apply for the onshore partner visa. A Subclass 300 holder who later applies in Australia pays a much lower charge for the onshore application, set out below.

The government charge as at October 2026

As at October 2026, the Department of Home Affairs charge for the combined Subclass 820 and Subclass 801 application starts from AUD 11,710 for most applicants, and from AUD 1,955 for a Subclass 300 holder applying in Australia. One charge covers both stages of the combined application, and the same structure applies to the combined Subclass 309 and Subclass 100 application. Charges are reviewed each 1 July. Police certificates, health examinations, translations, apostilles and biometrics are separate costs. The Subclass 820 visa cost guide explains every charge in detail.

Step 1: Check the visa you hold in Australia before anything else

The first step in a partner visa for Colombian citizens made in Australia is to check the Colombian partner's current visa, its conditions and their visa history since last arriving. Three rules decide whether an onshore application can be validly made and granted: condition 8503, the Schedule 3 criteria and section 48 of the Migration Act 1958.

This step comes before the civil registry records, the apostilles and the translations, because none of that work helps if the application cannot be validly lodged in Australia. My Migration Lawyers obtains the visa history itself from Departmental records, so the couple does not need to find old grant letters or old application forms.

Moving from a student visa to a partner visa

Many applicants for a partner visa for Colombian citizens hold a student visa when they apply. A student visa is a substantive visa, so a valid onshore application made while it is in effect usually avoids the Schedule 3 criteria. The application must be lodged before the student visa expires. A gap of even one day can leave the applicant without a substantive visa and change the legal position entirely.

Two practical points arise for students. First, the applicant's study and work conditions continue to apply until the student visa ends. A bridging visa granted with the partner application only comes into effect when the student visa ceases. The Subclass 820 work rights and bridging visa guide explains how that works. Second, a student who has stopped studying, changed course or been reported for non-attendance may face a cancellation risk, and that should be dealt with before any partner application. The firm's visa cancellations page explains how cancellation can affect later options.

Visitor visas and condition 8503

Some Colombian applicants are in Australia as visitors, often after meeting the Australian partner overseas or during an earlier stay. Many visitor visas carry condition 8503 (No Further Stay). While condition 8503 applies, the holder cannot make a valid application for most substantive visas in Australia, including a partner visa, unless the condition is first waived. A waiver is only available in limited circumstances. The article on the Subclass 820 visa and condition 8503 explains the waiver rules, and the tourist visa to partner visa guide covers the other checks for visitors.

A visitor visa application also contains declarations about the purpose of the visit. If a Colombian applicant said they were visiting for tourism while already planning to marry and stay, the Department may compare those statements with the later partner visa for Colombian citizens. Answers in earlier applications should be reviewed before the partner application is drafted.

No substantive visa: the Schedule 3 criteria

A Colombian applicant who holds no substantive visa when the partner application is made, for example someone on a bridging visa after an earlier application or someone whose visa has expired, will usually face Schedule 3 criteria 3001, 3003 and 3004. These criteria can be waived only where there are compelling reasons for not applying them. The firm's Schedule 3 waiver page and the article on Schedule 3 criteria for applicants who are unlawful explain how compelling reasons are assessed.

A previous refusal: section 48

Section 48 limits the visas a person in Australia can apply for if they do not hold a substantive visa and have had a visa refused or cancelled since last entering Australia. The partner visa remains available, but extra validity rules apply. One of them requires two statutory declarations, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, declaring that the couple are in a married or de facto relationship, and each made no more than 6 weeks before lodgement (Schedule 1 item 1124B(3)(e)(iii)). Form 888 statements do not satisfy that rule. The partner visa after a visa refusal guide explains the section 48 pathway in full.

Step 2: Confirm your relationship fits the legal definition

The second step is to confirm whether the couple are married, in a de facto relationship or engaged, and whether the relationship meets the definition the Migration Regulations 1994 use for that category. A partner visa for Colombian citizens can be made on any of these bases, but each has its own requirements.

Married couples

A married couple must have a marriage that is valid for Australian migration purposes. A marriage registered in Colombia is generally recognised in Australia if it was valid where it took place and is not a type of marriage Australian law refuses to recognise. The Department assesses validity under Australian law. Where a marriage involved an earlier marriage of either partner that may not have been properly dissolved, the couple should get advice before lodging, because a prior subsisting marriage can mean the later marriage is not valid.

De facto couples and the 12-month rule

A de facto couple must generally have been in a de facto relationship for at least 12 months immediately before the application is made. The 12-month requirement does not apply in some situations, including where the relationship has been registered under an Australian state or territory relationships register, or where there are compelling and compassionate circumstances. The article on whether you really need 12 months of de facto relationship and the de facto partner visa guide explain these exceptions.

Same-sex couples are eligible on exactly the same basis. The firm's LGBTI partner visa page covers the points that matter for those couples.

What about a unión marital de hecho?

Colombian law recognises the unión marital de hecho, a de facto union between two people who live together as a couple. The Colombian Ministry of Justice explains that the union can be declared by a notarial public deed (escritura pública), by a conciliation agreement or by a court, and that the declaration of the union itself does not require a minimum period of cohabitation. A declared unión marital de hecho is useful evidence for a partner visa for Colombian citizens, but it is not the same thing as an Australian registered relationship. It does not, on its own, remove the Australian 12-month de facto requirement. The Department still asks whether the couple meet the Australian definition of a de facto relationship for the required period.

Who can sponsor

The Australian partner must be an approved sponsor. Regulation 1.20J limits a sponsor to sponsoring two partners in their lifetime, with at least five years between sponsorships, unless there are compelling circumstances. A sponsor who was themselves granted a partner visa within the last five years may also be restricted. The firm's sponsorship limitations page and the article on when a sponsor cannot sponsor a partner visa explain these rules. Sponsors with certain criminal records may also face limits, and the Department checks this for every partner visa for Colombian citizens just as it does for every other nationality.

Step 3: Obtain your Colombian civil registry records

The third step in a partner visa for Colombian citizens is to obtain current copies of the Colombian civil registry records: the registro civil de nacimiento (birth record) for the applicant and, for a married couple, the registro civil de matrimonio (marriage record). These records come from the Colombian civil register maintained under the authority of the Registraduría Nacional del Estado Civil, and copies are issued either by the Registraduría or by the notaría that holds the original entry.

These records do more than prove a date of birth. In Colombia, later events in a person's civil status are recorded against the original entry as marginal notes (notas marginales). That is why the Department, and anyone reviewing the file, looks closely at whether the copy provided is complete and recent.

Birth record: registro civil de nacimiento

The registro civil de nacimiento confirms the applicant's full name, date and place of birth and parents' names. It is the starting point for identity in a partner visa for Colombian citizens. The name on the birth record should match the passport and the cédula de ciudadanía exactly, including both surnames. If any later correction or change has been made, it should appear on the record.

Marriage record: registro civil de matrimonio

A marriage in Colombia, whether civil or religious, is entered in the civil register through a registro civil de matrimonio. The registered record, not the ceremony alone, is the document the Department needs. If the couple had a religious ceremony, the important question for a partner visa for Colombian citizens is whether and when the marriage was entered in the civil register. The couple should obtain a copy of the registered record and check that the names, dates and place of registration match every other document.

Previous marriages and divorce

If either partner was married before, the earlier marriage and its end must be disclosed and proved. In Colombia, a divorce or the cessation of the civil effects of a religious marriage is recorded on the earlier marriage record by marginal note. A copy of the earlier registro civil de matrimonio showing that note is therefore usually the cleanest evidence that the earlier marriage has ended. A divorce judgment or notarial deed can sit alongside it. The Department assesses whether the earlier marriage was dissolved in a way that Australian law recognises. Undisclosed previous relationships are one of the classic causes of trouble in a partner visa for Colombian citizens, and the Tribunal decisions later in this article include issues of exactly this kind.

The same applies to the Australian sponsor. If the sponsor was married before, the sponsor's divorce certificate or other evidence that the earlier marriage ended should be on the file.

Digital copies and complete copies

The Registraduría allows copies of civil registry records to be obtained online, which is helpful for applicants already in Australia. The Registraduría has also stated that it does not accept the digital certificate (registro digital) for apostille, because the digital version does not show the notes section needed for special procedures such as an apostille. For a partner visa for Colombian citizens, the safer course is to obtain a full copy that shows the marginal notes, and to apostille that copy if the record is to be apostilled.

Children

If a child is included in the application, the child's registro civil de nacimiento is needed, together with evidence that anyone else with parental responsibility consents to the child migrating, or a court order that deals with that question. The partner visa document checklist lists what is needed for children in more detail.

Step 4: Apostille your Colombian documents

The fourth step is to have Colombian public documents apostilled where an apostille is needed. Colombia and Australia are both parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, which entered into force for Colombia on 30 January 2001 and for Australia on 16 March 1995. Between the two countries, an apostille replaces the old chain of consular legalisation.

An apostille does not translate a document and does not prove that its contents are true. It confirms that the signature, seal or stamp on the Colombian public document is genuine. For a partner visa for Colombian citizens, apostilled civil records reduce the Department's need to question whether a document came from the proper Colombian authority. Whether a particular document must be apostilled depends on what the Department asks for in the application or in a later request, so the apostille plan should be settled before lodgement rather than after a request arrives.

Registraduría records and notaría records

The authority that apostilles a civil registry record depends on who issued the copy. The Registraduría Nacional del Estado Civil handles apostilles for civil records it issued, through its online apostille portal, and states a processing time of fifteen business days after the request is submitted. Records issued by a notaría are apostilled through the Cancillería (the Colombian Ministry of Foreign Affairs) using its online apostille and legalisation service. Getting this wrong wastes weeks, which is a real problem for an onshore partner visa for Colombian citizens where the applicant's current visa is about to expire.

Other documents that may need an apostille

Notarial deeds, such as a declaration of unión marital de hecho or a divorce deed, and court judgments are also public documents that may be apostilled. For the Colombian certificate of judicial records, the couple should follow whatever instruction the Department gives. The firm reviews every document against the Department's request before the couple pays for an apostille that may not be needed.

Step 5: Translate Spanish documents into English

The fifth step is to obtain English translations of every document that is not in English. A partner visa for Colombian citizens usually involves a significant number of Spanish documents: civil records, notarial deeds, the certificate of judicial records, bank statements, leases, and messages or letters relied on as evidence. Translations done in Australia should be by a NAATI-certified translator.

What should be translated

Every document relied on as evidence and not in English should be translated in full, including stamps, marginal notes and the apostille where it is in Spanish. A translation that omits the marginal notes on a registro civil de matrimonio can hide the very fact that matters, for example that an earlier marriage was dissolved. For relationship evidence such as long chat histories, a full translation of every message is rarely practical. The better approach is to select representative extracts across the whole relationship and have those translated. The guide to preparing evidence of a genuine relationship explains how to select evidence that carries weight.

Names with two surnames

Colombian names usually include two surnames, the father's first surname followed by the mother's first surname. Australian systems, airlines and banks often shorten or reorder them. In a partner visa for Colombian citizens, the result can be a passport showing one form of the name, an Australian bank account showing another and an earlier visa application showing a third. The applicant's full name should be used consistently, and every other form of the name used in the past should be declared. The Form 80 guide explains how other names are declared in the personal particulars form.

Accents also matter. A name written with an accent in the registro civil may appear without it in Australian records. That is not itself a problem, but the translator and the forms should be consistent so that the Department can see that every document refers to the same person.

Step 6: Obtain the Colombian police certificate

The sixth step is to obtain a police certificate from Colombia and from every other country where the applicant has lived for 12 months or more in the last 10 years since turning 16. The Colombian certificate is the certificate of judicial records (certificado de antecedentes judiciales) issued by the Policía Nacional de Colombia, which the Policía Nacional states can be obtained online through its website, free of charge, using the person's cédula de ciudadanía number.

The certificate shows whether the person has any outstanding matters or recorded judicial history in Colombia. Because it can be obtained online, a Colombian applicant already in Australia can usually obtain it without travelling. The certificate should be current when the Department requests it, so the timing should be planned with the rest of the partner visa for Colombian citizens rather than obtained months in advance.

The Australian police certificate and other countries

An applicant in Australia will also usually need an Australian Federal Police National Police Certificate. An applicant who has lived in a third country, for example while working or studying elsewhere before coming to Australia, will need that country's police certificate too. Each country has its own issuing authority and process, and some take months. The firm checks the applicant's residence history to identify every certificate required early in a partner visa for Colombian citizens.

Character concerns

A conviction, a pending matter or a record in any country does not automatically lead to refusal, but it must be disclosed and dealt with. Failing to disclose a matter that a police certificate later reveals creates a second and often more serious problem: a question about whether false or misleading information was given. Where the record raises a character concern, it is better to deal with it openly in the application than to wait for the Department to raise it.

Step 7: Confirm identity documents and consistency

The seventh step is to confirm that the applicant's identity documents are consistent with each other and with every past Australian visa application. For a partner visa for Colombian citizens, the core identity documents are the Colombian passport, the cédula de ciudadanía and the registro civil de nacimiento.

The Department compares the details in the new application with everything the applicant has provided before: student visa applications, visitor visa applications, arrival records and any earlier partner or skilled applications. Differences in the spelling of names, the order of surnames, dates of birth, marital status or previous addresses are all noted. Most differences have an innocent explanation, but they should be explained in the application rather than left for the Department to find. The Form 80 personal particulars guide explains why consistency across forms is so important.

Marital status in earlier applications

Marital status is a particular risk point. An applicant who described themselves as single in a student visa application, while in a relationship, may need to explain that answer. An applicant who described themselves as married while separated from an earlier spouse may also need to explain. Answers about marital status and relationships in earlier applications are often central to a partner visa for Colombian citizens because the Department checks them against the relationship history now claimed.

Bogus documents and false information

The integrity public interest criterion, PIC 4020, allows refusal where a bogus document or false or misleading information has been provided. It can also prevent a further visa grant for a period. The risk is not limited to forged documents. An incorrect date, an undisclosed previous marriage or an inconsistent travel history can also be treated as misleading if it is material. The article on why partner visas get refused explains how PIC 4020 is applied in partner cases.

Step 8: Gather evidence of the four aspects of your relationship

The eighth step is to gather evidence of the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A partner visa for Colombian citizens is decided mainly on this evidence, and the decision maker weighs the evidence as a whole. No single document is decisive.

Financial aspects

Evidence of the financial aspects can include joint bank accounts, shared bills, a joint lease, joint purchases and transfers between the partners. Couples who have lived in different countries often have international transfers rather than joint accounts. Transfers from Australia to Colombia, or from Colombia to Australia, for rent, travel, study or family needs can be strong evidence, but only if they are explained. A short schedule showing the dates, amounts and purpose of the main transfers helps the decision maker understand them.

Where the Colombian partner is a student in Australia, the financial picture may be modest. That is not a weakness in itself. What matters is how the couple actually manage their money together, and the evidence should show that honestly.

Nature of the household

Evidence of the nature of the household shows how the couple live together and share domestic life. A joint lease, shared address on official correspondence, shared utilities and evidence of how domestic tasks are divided all help. For an onshore partner visa for Colombian citizens, evidence of the period the couple have lived together in Australia is often the strongest part of the file.

Social aspects

Evidence of the social aspects shows that the couple present themselves to others as a couple. In Colombian families, recognition by both families is often important, and family events, holidays and celebrations can provide real evidence. Photographs with family in Colombia and in Australia, invitations, and messages from relatives can all help. Form 888 statements from people who know the couple add independent confirmation.

Nature of the commitment

Evidence of the nature of the commitment shows that the couple intend the relationship to be long term. Plans for the future, wills or superannuation nominations, joint plans to buy property, and the steps each partner has taken to support the other are all relevant. The commitment is also shown by how the couple have managed periods apart.

Distance and travel history evidence

Many relationships behind a partner visa for Colombian citizens include periods when the partners lived in different countries. Distance does not mean the relationship is not genuine. The Department accepts that couples may be temporarily apart for work, study, visa or family reasons, but it wants to see that the separation was temporary and that the relationship continued during it. The evidence that does this is travel history (flight bookings, boarding passes and passport stamps), regular communication, financial support and the plans the couple made to reunite.

Travel history should be consistent with what the couple say in their relationship statement and forms. If the statement says the Australian partner visited Colombia three times, the travel records should show three visits. The Department can check movement records for Australian departures and arrivals, so the dates should be accurate.

Communication evidence

Colombian couples commonly communicate through WhatsApp, video calls and social media. Communication evidence should be presented as a sample across the whole relationship, not as hundreds of screenshots from one month. A short index explaining the platform, the period covered and what each extract shows makes the evidence much easier to assess. Communication evidence supports the other aspects but cannot replace them. The 820 partner visa evidence checklist shows how communication fits within the wider evidence.

Step 9: Prepare the relationship statement and Form 888 statements

The ninth step is to prepare the couple's relationship statement and the Form 888 statements from supporting witnesses. A partner visa for Colombian citizens has one relationship statement, which 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.

The relationship statement

The relationship statement is the couple's own evidence. It should be in their own words and should be accurate on dates, places and events, because the Department compares it with the forms, the travel history and the documents. Where the couple's first language is Spanish, the statement should still be lodged in English, and the couple must be sure the English version says what they mean. The partner visa relationship statement guide explains what a strong statement covers.

My Migration Lawyers reviews the draft statement, identifies gaps and inconsistencies with the rest of the file, and the couple correct and confirm their own words. The firm does not write the couple's story for them.

Form 888 statements

Form 888 is a supporting statement from a person who knows the couple. For the combined Subclass 820 and Subclass 801 application, Form 888 statements are commonly given by Australian citizens or permanent residents who know the couple. Family members in Colombia can also provide supporting statements, with English translations where needed, but the Department gives most weight to statements from people who can speak to what they have personally seen. The articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain how these statements work.

Form 888 statements are not statutory declarations. Where section 48 applies, the two statutory declarations required at lodgement are a separate validity requirement, and Form 888 statements do not satisfy it.

Step 10: Lodge the application online and pay the charge

The tenth step is to lodge the partner visa for Colombian citizens online through ImmiAccount and pay the government charge. The application is made when it is submitted and paid, and validity is assessed on that day. The ImmiAccount guide explains how the account is set up.

What happens at lodgement

For an onshore application, the Australian sponsor completes the sponsorship part of the process. The applicant uploads identity documents, civil records, relationship evidence and the other required documents. If the application is valid and the applicant is in Australia, a bridging visa is normally granted with the application. The bridging visas guide and the Bridging visa A guide explain how bridging visas attach to an application. An applicant who needs to travel while the application is processed may need a Bridging visa B.

Health examinations and biometrics

The Department will usually ask the applicant to complete health examinations, and may ask for biometrics. These requests come with instructions and time limits. The applicant should respond on time.

Processing time

Processing times vary and change throughout the year. The article on how long a Subclass 820 partner visa takes and the article on how long the onshore 820 visa takes explain what drives processing times and what can delay a decision.

After lodgement: changes, requests and natural justice letters

After lodgement, the applicant must keep the Department informed of changes and respond to every request on time. A partner visa for Colombian citizens can take a long time to process, and the couple's circumstances can change during that period.

Notifying changes

A change of address, a new passport, a change in relationship status or the birth of a child should be notified to the Department. The article on Form 1022 and when to lodge it explains how changes are notified. A new Colombian passport is a common change for applicants whose passport expires during processing.

Requests for more information

The Department may send a request under section 56 asking for further documents, for example an updated police certificate, a missing civil record or more relationship evidence. The article on responding to a section 56 request explains how to respond.

Natural justice letters

If the Department has information that may lead to refusal, it may send a letter under section 57 inviting the applicant to comment. These letters often concern inconsistencies between the partner visa for Colombian citizens and earlier applications, or doubts about the relationship. The response is often the last real opportunity to address the concern before a decision. The article on responding to an S57 natural justice letter explains what a response should contain.

If the relationship ends

If the relationship ends after lodgement, the Department must be told. In some situations, including where family violence has occurred, the applicant may still be able to be granted the visa. The firm's family violence partner visa lawyers act in these matters, and the article on what happens when a Subclass 820 relationship breaks down explains the rules.

Why a partner visa for Colombian citizens may be refused, and the 28-day review deadline

A partner visa for Colombian citizens is usually refused because the Department is not satisfied that the relationship is genuine and continuing, because a validity, Schedule 3, character or identity requirement is not met, or because PIC 4020 applies after a bogus document or false or misleading information. The article on why Subclass 820 visas are refused sets out the most common reasons.

The ART deadline and fee as at October 2026

Under subsection 347(3) of the Migration Act 1958, an application to the Administrative Review Tribunal for review of a partner visa refusal must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The timeframe cannot be extended. A late application is not properly made, and the Tribunal has no jurisdiction to hear it.

As at October 2026, the Tribunal fee for review of a reviewable migration decision is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid before the deadline. A 50% reduction may be granted for financial hardship. If the Tribunal sets aside or varies the decision, or remits the matter to the Department, 50% of the fee paid is refunded.

Who applies for review

For an onshore Subclass 820 and Subclass 801 refusal, the applicant applies for review and must be in Australia. For a Subclass 309 refusal where the applicant is outside Australia, the Australian sponsor applies for review under subsection 338(5). For an offshore partner visa for Colombian citizens, this means the Australian partner must act within the deadline. The firm's Partner Visa Refusals and Visa Refusals pages, the article on partner visa appeal options and the guide to what to expect at an ART review explain the process. The guide on when you need a visa appeal lawyer explains what representation at review involves.

What Tribunal decisions show for a partner visa for Colombian citizens

Tribunal decisions show that the issues that matter most in a partner visa for Colombian citizens, including police certificates, identity details, earlier visa answers, Schedule 3 and relationships conducted across countries, are regularly resolved on review when the evidence is properly presented. In each decision below, the Tribunal remitted the matter, which means it sent the matter back to the Department to reconsider. The descriptions record only the issues reported in each decision's headnote. The headnotes do not state the nationality of the parties, and nothing below should be read as stating it.

• Ramirez Giraldo (Migration) [2023] AATA 589, Subclass 820: the reported issues were a National Police Clearance from the AFP provided and a police certificate from the Republic of Colombia provided by the applicant.
• 2311969 (Migration) [2025] ARTA 1666, Subclass 820: the reported issues were identity, including name, date of birth, ethnicity and citizenship, different spellings of names and places and other discrepancies, and country information and the Department's policy guidelines.
• Pham (Migration) [2021] AATA 4350, Subclass 820: the reported issues were false or misleading information in a previous visitor visa application, an answer of "married" when the applicant was separated at the time and later divorced, and credible witness and evidence.
• Tipong (Migration) [2019] AATA 5652, Subclass 309: the reported issues were identity, previous visitor visa applications using different identity details and documents, and previous documents issued with wrong details.
• Parada (Migration) [2020] AATA 6058, Subclass 820: the reported issues were compelling reasons to waive the Schedule 3 criteria, a genuine de facto relationship for 12 months before the visa application, and work commitments that restricted joint residence.
• Kami (Migration) [2024] AATA 177, Subclass 820: the reported issues were whether the applicant was the holder of a substantive visa at the date of application, compelling reasons to waive the Schedule 3 criteria, and a period of unlawful residence.
• PHAM (Migration) [2019] AATA 3680, Subclass 309: the reported issues were a genuine de facto relationship, living in separate countries, having previously lived together, and the relationship history.
• Varhelyi (Migration) [2024] AATA 320, Subclass 820: the reported issues were a relationship for 12 months before the application was made, international travel and work, considerable documentary evidence and supporting statements, and a member of the family unit child.
• Kaneva (Migration) [2019] AATA 388, Subclass 820: the reported issues were a genuine relationship, a shared life, having travelled and lived together overseas and in Australia, and the management of financial commitments.

These decisions do not mean that every refused application will be remitted. They show the kinds of issues the Tribunal looks at again and the importance of putting complete, consistent evidence before the decision maker. Where a partner visa for Colombian citizens has been refused, the 28-day deadline means the review application should be made promptly, and the evidence should then be strengthened for the hearing.

How My Migration Lawyers handles a partner visa for Colombian citizens

My Migration Lawyers handles a partner visa for Colombian citizens by planning the application in the same order as this article: visa position first, then the relationship category, then the Colombian documents, then the evidence and lodgement. The firm deals with complex partner cases, acts in many matters involving Colombian applicants and their Australian partners, and is capable of handling onshore, offshore and review matters from the first consultation to the decision.

The work on a Colombian partner file follows a clear sequence.

• Visa position. The firm obtains the applicant's visa history from Departmental records and checks condition 8503, the Schedule 3 criteria and section 48 before advising whether a valid onshore application can be made, or whether an offshore or Subclass 300 pathway is more appropriate.
• Relationship category. The firm advises whether the couple should apply as married, de facto or engaged, how a unión marital de hecho or an Australian registered relationship fits, and whether the 12-month de facto requirement is met.
• Colombian document plan. The firm prepares a list of the Colombian civil registry records, apostilles, translations and certificates required for the couple's situation, including the correct issuing authority for each apostille, so that time is not lost on the wrong process.
• Consistency review. The firm compares names, surnames, dates, marital status and travel history across the new application and every earlier Australian visa application, and identifies matters that need to be explained.
• Evidence review. The relationship statement and Form 888 statements are the people's own evidence. The firm reviews them, identifies gaps and inconsistencies with the documents, and the couple and witnesses correct and confirm their own words.
• Lodgement. The firm lodges the application with the sponsorship and supporting documents, and confirms that every validity requirement is met on the day of lodgement.
• Processing and review. The firm responds to section 56 requests and section 57 letters, notifies changes, and acts at the Administrative Review Tribunal if the application is refused.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers, learn about Weiwei Zhang, and read the firm's guides on partner visa lawyers in Australia, when an immigration lawyer is needed for a partner visa, a partner visa lawyer compared with doing it yourself and how to choose a partner visa lawyer in Australia. Couples who have already lodged their own application can read about hiring an immigration lawyer after lodgement or getting a second opinion. The firm charges fixed fees under a written costs agreement, which is explained in the article on fixed-fee immigration lawyers.

Consultations are held by video, and My Migration Lawyers acts for couples across Australia, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm's immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta also advise Colombian students and visitors on the visa steps that come before a partner application.

The firm cannot promise any outcome. It can make sure that a partner visa for Colombian citizens is lodged as a valid application, with the right Colombian documents and evidence that tells the decision maker a complete and consistent story.

Book a Consultation with My Migration Lawyers to have your visa position, Colombian documents and relationship evidence reviewed before you apply. You can also call 1300 040 300.