Sponsoring a Partner From Argentina

To sponsor partner from Argentina, the Australian partner must be an eligible sponsor and the couple must show a genuine and continuing relationship, first at lodgement and again at the permanent stage about two years later. The sponsor partner from Argentina process is therefore not a single event. It is a sequence of stages, and the Australian sponsor has a role in every one of them.

This guide follows that sequence. It starts with the sponsor's eligibility, then deals with what to do before lodging, what the Argentine partner needs to provide, what the sponsor must do while the application is waiting, and what happens at the permanent stage. It is written for the Australian citizen, permanent resident or eligible New Zealand citizen who wants to sponsor partner from Argentina. The firm's partner visa lawyers act for Australian sponsors and Argentine partners at each of these stages.

Couples in a sponsor partner from Argentina matter often fall into one of three groups. Many met in Australia while the Argentine partner held a Work and Holiday visa. Others met while the Australian partner was travelling, working or studying in Argentina. A third group are Australians of Argentine heritage whose partner lives in Argentina. The stages are the same for all three, but the risks at each stage differ. For the applicant's view of the same process, see the firm's guide to the Australian partner visa for Argentinian citizens.

Who can sponsor partner from Argentina?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Argentina, provided the sponsor is at least 18, the couple are married or in a de facto relationship, and the sponsor is not barred by the sponsorship limitations.

The Argentine partner's nationality does not change the legal test. The same partner visa criteria apply to every applicant. The firm's guide on partner visa sponsor requirements sets out the general rules, and the guides on an Australian citizen as a partner visa sponsor and on a permanent resident as a partner visa sponsor explain the position of each type of sponsor. A New Zealand citizen sponsor should read the guide on a New Zealand citizen partner visa sponsor, because not every New Zealand citizen in Australia is an eligible New Zealand citizen.

Before a sponsor partner from Argentina application is prepared, the sponsor should check the limitations in the Migration Regulations 1994:

• Regulation 1.20J. A person can sponsor no more than two partners in a lifetime, and cannot sponsor within five years of a previous partner sponsorship or of their own partner visa grant, unless there are compelling circumstances.
• Regulation 1.20KA. A limitation can apply where a contributory parent visa is involved.
• Regulation 1.20KB. Children included in the application bring the sponsor's history of child-related offences into the assessment.
• Regulations 1.20KC and 1.20KD. The sponsor's police checks, relevant offences and any significant criminal record are assessed.

The firm's page on partner visa sponsorship limitations explains these rules, and the guide on compelling circumstances for a partner visa sponsor explains when the limits can be set aside. A sponsor who has sponsored a partner before should also read the answer on a sponsor who has sponsored before. Sponsorship approval is assessed at the time the visa decision is made, so a problem with the sponsor can surface long after lodgement. The guide on the partner visa sponsorship assessment explains how the Department approaches it.

Before lodging: the Work and Holiday couple

If the Argentine partner is in Australia on a Work and Holiday visa, the onshore Subclass 820 partner visa is usually the natural pathway, but the couple must check the de facto rules and lodge while the Argentine partner still holds a substantive visa.

Argentina is one of the countries whose citizens can hold a Work and Holiday (Subclass 462) visa. Many couples who sponsor partner from Argentina met during that visa, while working in hospitality, agriculture or tourism. These relationships are real, but they are often short when the working holiday is about to end. That creates three problems for a sponsor partner from Argentina application:

• The 12-month de facto rule. A de facto couple generally must have been in the relationship for at least 12 months before applying, unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances apply. The guide to the Subclass 820 de facto 12-month rule explains the rule, and the answer on applying before 12 months of de facto relationship explains the options.
• Living together while moving around. Working holiday couples often move between regional towns, share houses and seasonal accommodation. The Department looks at the substance of a shared life, not just at a lease. The guides on partner visa intermittent cohabitation and on a partner visa without a joint lease explain how this is assessed.
• The end date of the Work and Holiday visa. If the Subclass 820 application is lodged while the Work and Holiday visa is in effect, the Argentine partner usually receives a Bridging visa A. If it ends first, Schedule 3 applies. The guide on a partner visa while on a working holiday visa explains the timing, and the answer on a lawyer for a partner visa on a working holiday visa explains when advice helps.

Registering the relationship before you sponsor partner from Argentina

Registering a relationship under the law of an Australian state or territory can remove the 12-month de facto requirement for a partner visa. This is often the key step for a working holiday couple who want to sponsor partner from Argentina before the Argentine partner's visa ends.

Each state and territory has its own registration process, eligibility rules and timing. Some require residence in that state. The guide on registering a relationship for a partner visa explains the general position, and the state answers explain the local rules, including New South Wales, Victoria, Queensland and Western Australia. A couple on a tourist or working holiday visa should also read the answer on registering a relationship on a tourist visa.

Registration helps with the 12-month rule only. It does not prove that the relationship is genuine. The couple still need evidence of the four aspects of the relationship. The answer on when the 12-month de facto period starts explains how the period is counted where registration is not available.

Before lodging: the couple living in Argentina

If the Argentine partner is outside Australia, the Subclass 309 partner visa is lodged from outside Australia, and the sponsor may be living in Argentina, in Australia, or moving between the two.

Some Australians who sponsor partner from Argentina live in Buenos Aires or elsewhere in Argentina with their partner. An Australian citizen who lives overseas can still be a sponsor. The guide on a partner visa sponsor living overseas and the answer on an Australian living overseas who sponsors a partner explain the rules. A permanent resident sponsor who lives overseas faces extra issues, including the need for a valid travel facility to return. The guide on a sponsor with an expired travel facility explains that problem, and the guide on a sponsor returning to Australia explains the plan to settle here.

Couples who are engaged but not married can consider the Subclass 300 Prospective Marriage visa. The Argentine partner travels to Australia, the couple marry within the visa period, and the partner then applies for the Subclass 820. The answer on the fiancé visa compared with the partner visa explains the choice. The comparison of the Subclass 309 and Subclass 100 explains the offshore stages, and the guide on offshore partner visa lodgement explains how the application is made.

A couple in Argentina who later move to Australia together should not assume they can switch to an onshore application. The location rules for each subclass are strict. The answers on an offshore application lodged in Australia and on an onshore application lodged overseas explain the invalidity risk.

Which visa should I use to sponsor partner from Argentina?

The right visa depends on where the Argentine partner is on the day of lodgement and whether the couple are married, in a de facto relationship or engaged. The choice should be made before any documents are ordered, because it changes the timing of everything else in the sponsor partner from Argentina process.

SituationUsual visaFirst issue to checkPartner in Australia on a Work and Holiday visaSubclass 820, then Subclass 80112-month de facto rule; lodge before the visa endsPartner in Australia on a visitor visaSubclass 820, then Subclass 801Condition 8503Partner in Argentina, married or de factoSubclass 309, then Subclass 100Partner must be outside Australia at lodgementPartner in Argentina, engagedSubclass 300, then Subclass 820Couple must have met in person

The comparison of onshore and offshore partner visas explains the difference between the pathways, and the guide on which partner visa pathway to choose works through the decision. Both stages of each pathway form one application, so the sponsor partner from Argentina decision made at the start shapes the whole case. The answer on which partner visa to apply for gives a short summary.

What Argentine documents does a sponsor partner from Argentina application need?

A sponsor partner from Argentina application usually needs the Argentine partner's passport and Documento Nacional de Identidad (DNI), the birth certificate, any Argentine marriage, divorce or unión convivencial records, and the Argentine police certificate, each with an accurate English translation where it is not in English.

For a sponsor partner from Argentina application, the starting point is the civil registry. Argentine civil status records are kept by the civil registry of each province and of the City of Buenos Aires. Birth, marriage and death records are issued by those registries, often described as a partida or acta. A sponsor partner from Argentina file should use the official registry document rather than a church or ceremony certificate. Where the Argentine partner was previously married, the marriage record should show the divorce, or a separate divorce record should be provided. The guide on partner visa previous relationships explains why earlier relationships must be disclosed, and the answer on still divorcing and applying for a spouse visa explains the timing problem.

A typical sponsor partner from Argentina document list includes:

• Identity. The Argentine passport, the DNI and the birth certificate.
• Relationship documents. An Argentine marriage record, an Australian marriage certificate, an Argentine unión convivencial record, or an Australian relationship registration certificate.
• Previous relationships. Divorce records and, where relevant, death certificates.
• Character. The Certificado de Antecedentes Penales and police certificates from every other country where the partner lived for 12 months or more in the last 10 years since turning 16.
• Children. Birth records, custody documents and the other parent's consent where a child is included. The guide on partner visa child custody and consent explains the rules.
• Sponsor documents. Proof of the sponsor's Australian citizenship, permanent residence or eligible New Zealand citizenship. The answer on proving a sponsor is an Australian citizen explains what is accepted.

Collecting these early is the single most useful step in the sponsor partner from Argentina process. The firm's partner visa document checklist gives the general list, and the answer on partner visa documents gives a short version.

Translations and the apostille

Argentine documents are issued in Spanish, so a sponsor partner from Argentina application needs accurate English translations of every document that is not in English. For translations done in Australia, a translator certified by NAATI is the safest choice.

Argentina is a party to the Hague Apostille Convention, and Argentine public documents can be apostilled for use abroad. The Department does not generally require apostilles for partner visa documents, but an apostille can support a document whose authenticity may be questioned. The guide on partner visa evidence translation explains the standard for translations, and the answer on certified copies for a partner visa explains the Department's approach to copies.

How does the Argentine partner get a police certificate?

The Argentine police certificate is the Certificado de Antecedentes Penales, issued by the Registro Nacional de Reincidencia, which operates under the Argentine Ministry of Justice. The application involves an in-person appointment at which fingerprints are taken.

The Department's character requirements ask every partner visa applicant aged 16 or over for police certificates from each country where they have lived for 12 months or more in total in the last 10 years since turning 16. In a sponsor partner from Argentina matter, that usually means the Argentine certificate. If the Argentine partner has lived in Australia for 12 months or more, for example during a Work and Holiday visa and a second visa, an Australian National Police Check is also needed. If the partner lived in Spain, Italy, the United Kingdom or another country for 12 months or more, a certificate from that country is needed as well. The guide on partner visa overseas police certificates and the guide on the partner visa AFP police check explain the general rules.

An Argentine partner who is already in Australia does not need to travel to Argentina to obtain the certificate. Argentine consulates abroad take applications for the Registro Nacional de Reincidencia certificate. The Argentine government's guidance for applications made abroad directs applicants to book through the registry and then complete the process with the Argentine embassy or consulate, with fees confirmed by that office. Because fingerprints are taken in person, the partner should book early.

Timing matters in every sponsor partner from Argentina application. A certificate obtained too early may be out of date by the time the Department decides the application. The guide on partner visa expired police checks and the answer on how long police certificates remain valid explain when to update certificates. Where a certificate genuinely cannot be obtained, the answer on being unable to get a police certificate explains the options.

What if the sponsor lived in Argentina?

An Australian sponsor who lived in Argentina for 12 months or more, in total, in the relevant period since turning 16 can be asked by the Department for an Argentine police certificate under regulation 1.20KC, as well as an Australian National Police Check.

This affects many people who sponsor partner from Argentina, and it is easy to miss. Australians who met their partner while living in Argentina, or Australians of Argentine heritage who spent years there, may reach the 12-month threshold without realising it. The 12 months is cumulative, so several shorter stays can add up.

The Registro Nacional de Reincidencia accepts applications from foreigners aged 18 or over. The Argentine government's guidance for applicants with a foreign document says the applicant needs a passport, books an appointment, attends in person, and has fingerprints taken. Applicants abroad are referred to the Argentine embassy or consulate to complete the process. A sponsor who wants to sponsor partner from Argentina and expects to be asked should start early, because the 28-day period that Department policy treats as reasonable runs from the request.

The request is made to the sponsor, not to the visa applicant. In a sponsor partner from Argentina matter, the Argentine partner may never see it. A sponsor who ignores it risks refusal of the sponsorship, and then refusal of the visa. The firm's guide on what happens when a sponsor police check is not provided explains the consequences, and the guide on the partner visa sponsor police check explains the request. A sponsor with any conviction in Argentina or in Australia should read the guide on a partner visa sponsor with a criminal record before lodging.

Is an Argentine marriage or unión convivencial recognised in Australia?

Yes, an Argentine marriage is generally recognised in Australia if it was valid where it took place and is not void under Australian law. An Argentine unión convivencial is not a marriage, but it is evidence of a de facto relationship.

Couples who sponsor partner from Argentina after marrying in Argentina should provide the civil registry marriage record. The guide on overseas marriages recognised in Australia explains the general test, and the answer on whether an overseas marriage is recognised for a partner visa gives a short answer. A marriage certificate is not enough by itself. The answer on whether a marriage certificate is enough for a spouse visa explains why.

For a de facto couple who want to sponsor partner from Argentina, Argentine law offers another useful document. Argentine law allows couples to register a unión convivencial with the civil registry. In the Province of Buenos Aires, for example, the registry requires at least two years of cohabitation and two witnesses, and issues an acta de unión convivencial. That record is useful evidence that the couple lived together. Whether it can be treated in the same way as an Australian relationship registration for the 12-month rule is a separate legal question. The answer on an overseas registered relationship explains the general position.

Same-sex couples who sponsor partner from Argentina can rely on an Argentine marriage. Same-sex couples can marry in Argentina, and Australia recognises same-sex marriages validly made overseas. The firm's LGBTI partner visa page and the answer on a same-sex marriage spouse visa explain how these applications are handled.

What health checks apply when you sponsor partner from Argentina?

The Argentine partner must meet the health requirement, and the Department usually asks for health examinations after the application is lodged. Dependent family members included in the application are assessed too.

The health examinations are arranged through approved panel clinics, and the Department tells the applicant which examinations are needed. In Australia and in Argentina, the applicant books with an approved clinic. A sponsor partner from Argentina application should allow time for this step, because a case officer will not grant the visa until it is complete. The guides on partner visa health requirements and on the partner visa medical examination explain the process. Where a health condition is identified, a health waiver may be available for some partner visas. The guide on the partner visa health waiver explains when.

Health and character checks are both time-sensitive. A sponsor partner from Argentina file that is decision ready, with police certificates and health checks completed close to the time the case officer looks at it, avoids repeated requests. The answer on a decision ready partner visa explains the idea.

What must the sponsor do after the application is lodged?

After lodgement, the sponsor must keep the Department informed, respond to requests made to the sponsor, and remain committed to the relationship. The sponsor partner from Argentina process can take a long time, and the sponsor's obligations continue throughout.

The sponsor gives a sponsorship undertaking. The guides on partner visa sponsor obligations and on the partner visa sponsor undertaking explain what the sponsor promises. In practice, the sponsor's tasks after lodgement in a sponsor partner from Argentina matter are:

• Report changes. A change of address, a change of contact details, or a change in the relationship must be reported. The guides on notifying a partner visa change of address and on Form 1022 for a partner visa explain how.
• Watch for requests to the sponsor. A sponsor police check request under regulation 1.20KC goes to the sponsor. If the sponsor lived in Argentina for 12 months or more, it may include an Argentine certificate.
• Be ready for an interview. The Department can interview the sponsor. The guide on the partner visa sponsor interview explains what is asked, and the guide on partner visa interview questions explains how to prepare.
• Keep evidence building. New evidence can be added after lodgement. The guide on partner visa evidence after lodgement explains how.

If the sponsor's own status changes, for example a permanent resident sponsor becomes an Australian citizen during processing, the application continues. The guide on a sponsor who becomes a citizen during processing explains this.

Travel while the application is waiting

An Argentine partner who lodged onshore and holds a Bridging visa A cannot rely on it to return to Australia after travelling. A Bridging visa B is needed before leaving. The guides on the partner visa Bridging visa B and on partner visa overseas travel explain the process, and the answer on travel while a partner visa is processing gives a short summary. A trip home to Argentina to see family is common in a sponsor partner from Argentina matter, so this should be planned before booking flights.

What relationship evidence suits a working holiday couple?

The Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment under regulation 1.15A. Working holiday couples who sponsor partner from Argentina usually need to show those aspects through a life that has moved around, rather than through a long lease and a mortgage.

The firm's guide to the genuine and continuing relationship test explains the law. The practical points for a sponsor partner from Argentina application are:

• Household. Couples who lived in share houses, farm accommodation or vans should show where they lived together and when, with whatever records exist, such as rental receipts, employer accommodation letters and mail. The guide on partner visa household evidence and the answer on what counts as living together explain the standard.
• Finances. Early in a relationship, finances are often separate. That is not fatal. Shared costs, transfers for rent and travel, and joint purchases help. The guide on a partner visa without a joint bank account explains how to approach this.
• Social. Friends from work, flatmates and family in both countries can give Form 888 statements. Statements from Argentine family members must be translated. The guide on Form 888 witness statements explains who can give one.
• Commitment. Plans to build a life together in Australia, travel together, and support during periods apart all count. The guide on partner visa future plans explains how to show this.

Periods apart are common when one partner's visa ends or one partner returns to Argentina. The guide on partner visa temporary separation explains how the Department treats them. A couple with a short relationship should read the guide on a partner visa for a short relationship. The couple's single relationship statement should tell the story in their own words. The guide on the partner visa relationship statement explains its structure.

Can an Argentine partner visit Australia during a Subclass 309 application?

Yes, it is possible. An Argentine partner with a pending Subclass 309 can apply for a visitor visa, but it is a separate application, assessed on its own criteria, and grant is not guaranteed.

Argentine citizens generally apply for a Visitor visa (Subclass 600) to visit Australia. A visitor visa may be granted with condition 8503 (No Further Stay), which prevents most onshore visa applications during the visit. A sponsor partner from Argentina plan that depends on a visit turning into an onshore application should be checked before travel. The guides on a visitor visa during partner visa processing and on the partner visa No Further Stay condition explain the risks, and the answer on visiting Australia while a Subclass 309 is processing explains the practical position. A Subclass 309 applicant usually needs to be outside Australia when the visa is granted.

What happens at the permanent stage?

The permanent stage, Subclass 801 for onshore applicants or Subclass 100 for offshore applicants, is usually assessed about two years after the first application was lodged. The Department checks that the relationship is still genuine and continuing, and the sponsor is part of that assessment.

For a sponsor partner from Argentina application, the second stage usually means updated relationship evidence, updated Form 888 statements, and sometimes updated police certificates. If the Argentine partner has spent more time in Argentina since lodgement, a new Argentine certificate may be needed. The guides on partner visa second stage documents and on the sponsor at the second stage explain the process, and the answers on Subclass 801 second stage documents and on when to apply for the Subclass 801 explain timing.

If the relationship ends before the permanent visa is granted, the application usually cannot succeed on the relationship alone, although special provisions can apply in some cases, including family violence. The guide on partner visa relationship breakdown explains the options, and the firm's family violence partner visa lawyers page explains that provision.

What if the partner visa is refused?

If the partner visa is refused, an application for review must be made to the Administrative Review Tribunal within 28 days after the refusal is notified. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant applies in their own name.

The Tribunal fee for a partner visa review is AUD 3,727. Before refusing, the Department usually issues a section 56 request or a section 57 letter. The guides on responding to a section 56 request and on the section 57 natural justice letter explain how to respond. After a refusal, the firm's partner visa refusals page, the guide on the partner visa ART review process and the answer on the review deadline for a partner visa refusal explain the next steps.

The application charge for the main applicant, at the time of writing, is AUD 11,710. A refusal does not refund it. That is one reason why a sponsor partner from Argentina application should be prepared carefully. The guide on partner visa cost explains the charge.

Common mistakes when you sponsor partner from Argentina

The most common mistakes are lodging a de facto application before the relationship meets the 12-month rule without registering it, letting the Work and Holiday visa end before lodgement, and ignoring a request that is sent to the sponsor.

Other mistakes seen in sponsor partner from Argentina matters include:

• Assuming the sponsor has nothing to do. The sponsor gives an undertaking, receives sponsor police check requests and is part of the second stage.
• Inconsistent dates. The date the relationship started, the date the couple moved in together and the dates of travel should be the same in every form and statement. The guide on partner visa conflicting statements explains the risk.
• Untranslated evidence. Spanish documents and messages that are not translated cannot be properly assessed.
• Travelling without a Bridging visa B. An onshore applicant who leaves Australia on a Bridging visa A alone may not be able to return.
• Undisclosed history. A previous visa refusal or an earlier relationship that is not disclosed can raise integrity concerns. The guide on partner visa PIC 4020 explains the consequences.

A review before lodging catches most of these problems. The guide on a partner visa application review explains what that review covers, and the guide on common partner visa application mistakes lists the wider pattern. Each of these mistakes is easier to avoid when the sponsor partner from Argentina application is prepared as a whole, rather than one document at a time.

How My Migration Lawyers helps you sponsor partner from Argentina

My Migration Lawyers acts for Australian sponsors and their Argentine partners from the first sponsor assessment through to the permanent stage and, if needed, Tribunal review. The firm deals with complex partner visa cases, acts in many matters where Australians sponsor partner from Argentina, and is capable of handling the issues that arise at each stage.

On a sponsor partner from Argentina matter, the firm's work typically includes:

• Checking the sponsor against regulation 1.20J and the other limitations, and identifying whether the sponsor's time in Argentina could lead to a request for an Argentine police certificate.
• Advising working holiday couples on the 12-month de facto rule, state relationship registration and lodging before the Work and Holiday visa ends.
• Reviewing Argentine civil registry records, unión convivencial records, the Certificado de Antecedentes Penales and translations.
• Organising relationship evidence for couples whose household has moved around, and reviewing the couple's relationship statement, which remains their own account.
• Advising the sponsor on obligations after lodgement, travel on bridging visas and the second stage.
• Responding to section 56 and section 57 letters and sponsor police check requests, and acting in Administrative Review Tribunal reviews.

The firm works with clients across Australia and overseas, and consultations are by video. Clients in Queensland can see the Brisbane partner visa lawyers page, and clients in Western Australia can see the Perth partner visa lawyers page. The answer on what My Migration Lawyers does describes the firm's work, and complex matters are supervised by Weiwei Zhang, Principal Lawyer. Couples on a tight timeline can use the urgent partner visa lodgement service.

If you want to sponsor partner from Argentina and need advice at any stage, Book a Consultation with My Migration Lawyers, or call 1300 040 300.