Key Takeaways
- An eligible Australian citizen, permanent resident or eligible New Zealand citizen can sponsor partner from Bolivia, and where the Bolivian partner is already in Australia on a student or other temporary visa, the onshore Subclass 820 is usually the pathway.
- The safest time to lodge a Subclass 820 is while the Bolivian partner still holds a substantive visa. If the visa expires first, Schedule 3 criteria apply and the application may fail unless compelling reasons are accepted.
- A "no further stay" condition, such as condition 8503 on a visitor visa or condition 8534 on some student visas, stops an onshore partner visa application unless the condition is first waived.
- The Department of Home Affairs lists two Bolivian police documents: the Certificado de Antecedentes issued by the FELCN, and the certificate issued by the Registro Judicial de Antecedentes Penales (REJAP).
- Couples who met in Australia often rely on a de facto relationship, which usually needs 12 months of evidence of a shared household, shared finances and social recognition, unless the relationship is registered.
To sponsor partner from Bolivia, the Australian partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who meets the sponsor requirements, and the couple must show a genuine and continuing marriage or de facto relationship. Where the Bolivian partner is already in Australia, the application is usually a Subclass 820 partner visa lodged onshore.
Many couples who search how to sponsor partner from Bolivia met in Australia. The Bolivian partner came to study English, complete a vocational course or a degree, or arrived on a working holiday or visitor visa. The relationship developed here. The couple now want the Bolivian partner to stay. For those couples, the most important question is not about Bolivia at all. It is about timing: whether the partner visa can be lodged while the Bolivian partner still holds a valid visa, and whether any condition on that visa stops an onshore application.
This guide explains how to sponsor partner from Bolivia when the couple are in Australia, what happens if the Bolivian partner's visa expires, how condition 8503 and similar conditions work, what the Department expects of Spanish documents and Bolivian police certificates, and how de facto couples prove their relationship. The firm's complete guide to partner visas in Australia explains the wider framework, and the firm's partner visa lawyers page explains how My Migration Lawyers acts for couples.
How to sponsor partner from Bolivia onshore: the steps in order
For a couple in Australia, the order of steps is driven by the Bolivian partner's visa expiry date. A practical sequence to sponsor partner from Bolivia onshore is:
- Check the partner's visa. Read the grant notice and run a VEVO check. Note the expiry date and any condition 8503, 8534 or 8535.
- Check the sponsor. Confirm citizenship or permanent residence and any earlier partner sponsorship or relevant conviction.
- Decide the relationship basis. Married, de facto for 12 months, or registered.
- Set the lodgement date. Work back from the visa expiry date and leave a margin for problems.
- Collect the core documents. Passports, the Bolivian birth certificate, any marriage or divorce records, and translations.
- Lodge the Subclass 820 and pay the charge. The Bolivian partner lodges online through ImmiAccount.
- Lodge the sponsorship. The sponsor lodges the sponsorship online, linked to the application.
- Build the evidence and respond to requests. Add relationship evidence, police certificates, the medical examination and any further information the Department asks for.
The firm's guides to how to apply for a partner visa, the onshore partner visa, partner visa sponsorship lodgement and invalid partner visa applications explain each step. A sponsor partner from Bolivia application that misses step 1 can fail before it starts, because a no further stay condition makes the application invalid. A sponsor partner from Bolivia application that skips step 4 risks Schedule 3.
Sponsor partner from Bolivia when the partner is still in Bolivia
Where the Bolivian partner is in Bolivia, the usual pathway is the offshore Subclass 309, or the Subclass 300 if the couple are engaged and want to marry in Australia. The partner applies from outside Australia and must usually be outside Australia when the Subclass 309 is granted.
A Bolivian partner who wants to visit Australia while the Subclass 309 is processed will generally need a Visitor Subclass 600 visa. A visitor visa granted with condition 8503 does not affect the offshore application, but it does stop an onshore one. The guides to the offshore partner visa, visitor visas during partner visa processing and the Subclass 300 prospective marriage visa, and the answer on visiting Australia while a Subclass 309 is processed, explain the options. Couples who plan to sponsor partner from Bolivia from a distance should also read the guide to long-distance relationships.
Can an Australian sponsor partner from Bolivia who is already in Australia?
Yes. An eligible sponsor can sponsor partner from Bolivia while the Bolivian partner is in Australia, provided the partner holds a visa that allows a further application and the couple meet the relationship requirements. The application is for the onshore Subclass 820 partner visa, which leads to the permanent Subclass 801.
The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen aged 18 or over. A sponsor who is on a temporary visa cannot sponsor. That matters in couples where both partners met as international students: if the Australian partner is not yet a permanent resident, the Bolivian partner cannot be sponsored on a partner visa yet. The firm's guides to partner visa sponsor eligibility and a sponsor on a temporary visa, and the answer on who can sponsor a partner visa, explain the rules.
The sponsor's own history matters too. A sponsor who was sponsored on a partner visa, or who has sponsored before, may be caught by regulation 1.20J. A sponsor with certain convictions may be caught by regulation 1.20KC. The firm's guide to partner visa sponsorship limitations explains those rules.
Sponsor partner from Bolivia: why the student visa expiry date matters
The expiry date of the Bolivian partner's current visa is the single most important date in an onshore sponsor partner from Bolivia application. If the Subclass 820 is lodged while the partner holds a substantive visa, Schedule 3 does not apply. If it is lodged after the visa has expired, Schedule 3 does apply.
A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. A student visa, a visitor visa, a working holiday visa and a graduate visa are all substantive visas. A Bridging visa A, B, C or E is not.
When a Bolivian partner lodges a valid Subclass 820 application while holding a student visa, the partner will usually be granted a Bridging visa A. That bridging visa comes into effect when the student visa ends. The partner then stays lawfully in Australia while the partner visa is processed. The conditions that apply while the student visa is still in effect continue to apply until it ends. The firm's guides to the partner visa bridging visa, Bridging visa A and bridging visa work rights explain what changes.
The practical rule for any couple who want to sponsor partner from Bolivia onshore is simple: lodge before the current visa expires, not after. The guides to lodging a partner visa before a visa expires, partner visas on a student visa and student visa to partner visa, and the answer on what to do when a visa expires next week, explain how to plan.
Is the relationship ready when the visa is about to expire?
Not always. A married couple can sponsor partner from Bolivia at any time after the marriage. A de facto couple must usually show 12 months of de facto relationship before the application, unless the relationship is registered in an Australian State or Territory. Where a student visa will expire before the 12 months are complete, registering the relationship can solve the timing problem, but registration itself takes time and has its own requirements.
The firm's answers on applying before 12 months of de facto relationship, registering a de facto relationship for a partner visa, where to register a relationship in Australia and the waiting period after registering explain the options. Couples who want to sponsor partner from Bolivia in Victoria, New South Wales or Queensland can read the State-specific answers on registering in Victoria, New South Wales and Queensland.
Other options while the relationship matures
Where the relationship is not yet ready and the student visa is about to end, the Bolivian partner may need another visa to stay lawfully, such as a further student visa or a graduate visa, if the partner qualifies. Each of those visas has its own requirements and must be genuine in its own right. The guides to the partner visa and graduate visas and partner visas on a working holiday visa explain how these visas interact with a later partner visa.
Sponsor partner from Bolivia when the partner's visa has expired
If the Bolivian partner's visa has already expired, the partner is an unlawful non-citizen, and a Subclass 820 application must meet Schedule 3 criteria 3001, 3003 and 3004 unless the Department is satisfied that there are compelling reasons not to apply them. That is set out in subparagraph 820.211(2)(d)(ii).
In broad terms, criterion 3001 requires the application to be made within 28 days after the applicant last held a substantive visa. Criteria 3003 and 3004 require the applicant to show, among other things, that the reasons for becoming unlawful were beyond the applicant's control, that there are compelling reasons to grant the visa, and that the applicant substantially complied with the conditions of the last visa.
The Department's policy is direct about the waiver. It says that, as a general rule, the existence of a genuine relationship and the hardship of separation are not compelling reasons to waive Schedule 3, because a genuine relationship is the basis of every partner visa. The policy accepts that compelling reasons may exist where circumstances beyond the applicant's control led to the unlawful status or prevented the applicant from becoming lawful, such as severe illness or incapacity.
For a sponsor partner from Bolivia case where the visa has already expired, the firm's guides to Schedule 3 criteria for partner visas, Schedule 3 when a visa has expired, Schedule 3 for student visa holders and the Schedule 3 waiver submission explain the law. The firm's commercial page on Schedule 3 waivers explains how the firm handles these matters, and the answer on being unlawful for more than 28 days explains why that date matters.
Leaving Australia and applying offshore
Where Schedule 3 cannot be met and a waiver is unlikely, the alternative is for the Bolivian partner to leave Australia and apply for the Subclass 309 partner visa from outside Australia. Schedule 3 does not apply to an offshore application. A person who leaves Australia after being unlawful may, however, face an exclusion period for some future visas, depending on how long they were unlawful and how they left. The guides to the partner visa after overstaying and onshore versus offshore partner visas explain the trade-offs. This decision should never be made without advice.
Does condition 8503 stop you from sponsoring a partner from Bolivia onshore?
Yes, if the Bolivian partner's current visa carries condition 8503 "No Further Stay", the partner cannot make a valid application for a partner visa while in Australia unless the condition is first waived. Some student visas can carry the similar conditions 8534 or 8535, which have the same effect.
These are "no further application" conditions. They are printed on the visa grant notice and appear in a VEVO check. Condition 8503 is most often imposed on visitor visas. Condition 8534 and condition 8535 are attached to some student visas and student guardian visas. Before any couple tries to sponsor partner from Bolivia onshore, the Bolivian partner's grant notice should be checked line by line.
A waiver is possible but narrow. Under regulation 2.05(4), the Department may waive the condition only where, since the visa was granted, compelling and compassionate circumstances have developed over which the visa holder had no control, and those circumstances have resulted in a major change to the person's circumstances. The request must be made in writing. The Department's policy gives examples such as travel restrictions, being unfit to travel, the death or serious illness of a close family member, a natural disaster in the home country, and war or severe civil unrest in the home country.
A sponsor partner from Bolivia plan that depends on a waiver should therefore be treated with caution. The firm's guides to the partner visa 8503 waiver, the Subclass 820 and condition 8503 and the partner visa no further stay condition, and the answers on condition 8503 and partner visas and on a lawyer for condition 8503, explain the process.
Visitor visas after a student visa
Some Bolivian partners finish their studies and then apply for a visitor visa to stay longer in Australia, which can derail a sponsor partner from Bolivia plan. That visitor visa may be granted with condition 8503. A couple who want to sponsor partner from Bolivia should consider lodging the partner visa before the student visa ends, rather than moving to a visitor visa that may block an onshore application. The guides to partner visas while on a tourist visa and tourist visa to partner visa explain the risk.
What if the Bolivian partner's student visa was refused or cancelled in Australia?
The Bolivian partner can usually still apply for a Subclass 820, but extra rules apply. A person whose visa was refused or cancelled while in Australia is generally subject to the section 48 bar, which limits the visas they can apply for onshore. A partner visa is one of the visas that can still be applied for, but the application has additional lodgement requirements, including the sponsorship being lodged with the application.
A sponsor partner from Bolivia application in this situation also has to deal with the partner's bridging visa status and, often, Schedule 3. The firm's guides to the partner visa and the section 48 bar, partner visas after a student visa refusal and partner visas after a visa cancellation, and the answer on section 48 and partner visas, explain the rules.
A pending review of a student visa refusal at the Administrative Review Tribunal does not stop a partner visa application, but the two matters need to be managed together. The answer on lodging a partner visa while another application is pending explains the issues.
Identity documents for a Bolivian partner
The Bolivian partner's identity is proved mainly by the passport, supported by the birth certificate and the national identity card. Every name, date and place should match across those documents, the visa application and the earlier student visa file.
Inconsistencies are more common than couples expect. A student visa application completed years ago may have recorded one surname only, or the surnames in a different order. A sponsor partner from Bolivia application that lists the names differently invites questions about identity. The Department can refuse a visa where it is not satisfied of identity, and false or misleading information can engage public interest criterion 4020. The fix is simple if it is done early: list every document, note every variation, and explain it in a short statement. For a sponsor partner from Bolivia file, the earlier student visa records are part of that check. The guides to PIC 4020 and partner visas and Form 80 for a partner visa, and the answer on a partner visa when the passport has expired, explain the related issues.
Spanish documents and translations
Every document that is not in English must be translated into English before you sponsor partner from Bolivia. For most couples who sponsor partner from Bolivia, that means the Bolivian birth certificate, any marriage or divorce records, identity documents and the Bolivian police certificates.
A translation made in Australia should be made by a NAATI accredited translator and should show the translator's practitioner number. A translation made outside Australia does not have to be NAATI accredited, but it must identify the translator by full name, address, phone number and qualifications in the language. The original Spanish document should be uploaded with the translation. Translations should not be prepared by the applicant, the sponsor or a family member, and machine translations should not be uploaded as the English version.
For a sponsor partner from Bolivia file, it is sensible to use one Spanish translator for all civil documents, so that names and places are rendered the same way throughout. Bolivian names often include two surnames, and inconsistent ordering of those surnames across documents is a common source of confusion. The firm's guide to partner visa evidence translation, and the answers on translating messages and on different names and dates on documents, explain the standard.
Sponsor partner from Bolivia: the Bolivian police certificates
The Department of Home Affairs lists two Bolivian police documents. The first is the Certificado de Antecedentes, also called the Certificado Único de Antecedentes, issued by the Fuerza Especial de Lucha Contra el Narcotráfico (FELCN). The second is the Registro Judicial de Antecedentes Penales, or Certificado de Antecedentes Penales, issued by the Registro Judicial de Antecedentes Penales (REJAP).
According to the Department's country information:
- residents of Bolivia apply in person for the FELCN certificate at a FELCN, FELCC or Organismo Operativo de Tránsito office, and for the REJAP certificate at any REJAP office, with identity documents and payment of a fee;
- Bolivian citizens who live outside Bolivia can obtain the certificates through the nearest Bolivian consulate;
- alternatively, a person outside Bolivia can give a notarised power of attorney to a relative or friend in Bolivia, who can attend the offices to request both certificates on the person's behalf.
This matters for couples who met in Australia. A Bolivian partner who has been studying in Australia for several years may assume that only an Australian police check is needed. That is not right. The Department usually asks for a police certificate from every country where the applicant has lived for 12 months or more in the last 10 years after turning 16. A partner who lived in Bolivia as an adult before coming to Australia will usually need the Bolivian certificates, and the partner will also need an Australian Federal Police check if they have spent 12 months or more in Australia. Police certificates are generally treated as valid for 12 months from issue.
For anyone who wants to sponsor partner from Bolivia from inside Australia, the consulate or power of attorney route is the practical one. It takes time, and it should be started early. The firm's guides to overseas police certificates for partner visas, the AFP police check for partner visas and expired police checks, and the answer on what to do if you cannot get a police certificate, explain the process.
Married in Bolivia, married in Australia, or de facto?
A couple who sponsor partner from Bolivia can rely on a marriage in Australia, a marriage in Bolivia, or a de facto relationship. Each has different evidence requirements.
- Married in Australia. A marriage under the Marriage Act 1961 is proved by the official marriage certificate from the State or Territory registry. The answer on how to get married in Australia explains the process, including the Notice of Intended Marriage.
- Married in Bolivia. A marriage that was valid under Bolivian law is generally recognised in Australia unless it would be void under Australian law. The Bolivian marriage certificate must be translated. The guide to overseas marriages recognised in Australia explains the test.
- De facto. The couple must usually have been in a de facto relationship for 12 months before applying, unless the relationship is registered.
Marriage is not a shortcut. The Department still assesses whether the relationship is genuine and continuing. The answers on whether a marriage certificate is enough and married on a bridging visa explain why.
The sponsor's obligations in a sponsor partner from Bolivia application
The sponsor lodges a sponsorship application after the Bolivian partner has lodged the visa application, and the sponsorship must be approved before the visa can be granted. The sponsor gives an undertaking to support the partner and must consent to the Department disclosing any relevant offence conviction to the applicant.
For a sponsor partner from Bolivia case, the Department may ask the sponsor for an Australian Federal Police check and police certificates from other countries where the sponsor has lived. Under regulation 1.20KC, a sponsor with a conviction for a relevant offence and a significant criminal record for that offence must be refused unless it is reasonable to approve the sponsorship. Under regulation 1.20J, a sponsor who was sponsored as a partner, or who has sponsored before, may be limited. The guides to partner visa sponsor obligations, the sponsor police check and Form 40SP, and the commercial page on partner visa sponsorship limitations, explain the rules.
Children of a Bolivian partner
A Bolivian partner's dependent children can usually be included in the application. Where a child's other parent is not migrating, the Department will usually need that parent's consent or a court order that allows the child to live in Australia, translated into English. When a child under 18 is included, the sponsor's police checks are also assessed under regulation 1.20KB. For a sponsor partner from Bolivia application with children, these documents should be started at the same time as the police certificates. The guides to adding children to a partner visa and child custody and consent explain the requirements, and the answer on a baby born in Australia explains the position of a child born to the couple here.
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How do de facto couples prove the relationship when they met in Australia?
De facto couples prove the relationship with evidence of a shared life over time: living together, sharing money and responsibilities, being recognised as a couple by others, and committing to a future together. For couples who met in Australia, this evidence often exists, but it is spread across leases, bank accounts and phones and needs to be collected.
The Department considers the four aspects of the relationship set out in the Migration Regulations 1994: the financial aspects, the nature of the household, the social aspects and the nature of the couple's commitment to each other. For a sponsor partner from Bolivia de facto application, useful evidence usually includes:
- Household: a lease in both names, or a lease in one name with evidence that the other partner lives there; utility bills; mail to the shared address; a shared division of household tasks.
- Financial: a joint bank account, shared bills, transfers that show shared expenses, joint purchases and any joint insurance.
- Social: photographs together over time, joint invitations, travel together, Form 888 statements from friends and family, and evidence that the families know about the relationship.
- Commitment: each partner's account of the relationship, plans for the future, knowledge of each other's circumstances, and support during difficult periods.
The firm's guides to de facto partner visas in Australia, partner visa household evidence, partner visa financial evidence, partner visa social evidence and partner visa commitment evidence explain each aspect.
When the couple live in a share house or with family
Students often live in share houses, and many couples who sponsor partner from Bolivia started out living with flatmates. That is a common starting point for a sponsor partner from Bolivia de facto claim. Living with flatmates does not prevent a de facto relationship, but the couple need to show that they lived together as a couple rather than as housemates. Statements from flatmates, evidence of a shared room, and joint responsibility for the couple's share of rent and bills all help. The guides to informal living arrangements, partner visas without a joint lease and living with parents explain how this evidence is presented.
When the couple keep separate finances
Many students cannot open joint accounts or share large expenses. Separate finances are not fatal. The Department looks at the whole picture. A sponsor partner from Bolivia application can show financial interdependence through who pays which bills, shared spending on groceries and travel, support when one partner was not working, and plans for shared finances in future. The guides to partner visas without a joint bank account and separate finances explain the approach.
Commitment and plans for the future
Commitment evidence is where couples who met as students can stand out. The Department wants to see that the couple intend to stay together for the long term, not only until a visa is granted. For a sponsor partner from Bolivia application, that can include plans to live in a particular city, career plans for the Bolivian partner after studies, visits to each other's families, including in Bolivia, and decisions made together about money, work and children. Each partner's own account should describe those plans in their own words. The guides to partner visa future plans, the partner visa relationship statement and the nature of commitment explain what the Department looks for. A sponsor partner from Bolivia file that shows a clear shared future is easier to approve than one that only describes the past.
When did the de facto relationship start?
For a de facto sponsor partner from Bolivia application, the 12 months are counted back from the date of the application. The relationship must have been de facto, not just dating, for the whole period. A couple who started living together nine months before the student visa expires cannot simply backdate the relationship to the first date. The answers on when the 12-month period starts, what counts as living together and evidence before living together explain how the start date is assessed. The guide to the Subclass 820 de facto 12-month rule explains the exceptions.
A timing checklist for couples who sponsor partner from Bolivia
Timing decides most onshore cases. Before lodging, couples who sponsor partner from Bolivia should be able to answer each of these questions:
- What is the exact expiry date of the Bolivian partner's current visa?
- Does that visa carry condition 8503, 8534 or 8535?
- Are the couple married, de facto for at least 12 months, or registered?
- If registration is needed, how long will the State or Territory registry take?
- Is the sponsor an Australian citizen or permanent resident today?
- Is the application charge ready to be paid on the day of lodgement?
- Have the Bolivian police certificates been requested through a consulate or power of attorney?
If any answer is uncertain, the sponsor partner from Bolivia application is not ready, and the visa expiry date should be treated as the real deadline. The firm's answers on the best time to lodge a partner visa and on a partner visa when the visa has expired, and the guide to the partner visa with an expired visa, explain what to do at each point.
Sponsor partner from Bolivia: costs and the application charge
The base application charge for the combined Subclass 820 and Subclass 801 application, and for the combined Subclass 309 and Subclass 100 application, is AUD 11,710 from 1 July 2026. Other costs usually include police certificates from Bolivia and the Australian Federal Police check, NAATI translations, the medical examination and, for a de facto couple, any relationship registration fee.
The firm's partner visa cost guide and the answer on who pays the partner visa fee explain the charges. A sponsor partner from Bolivia application lodged in a rush to beat a visa expiry date still needs the charge paid in full on lodgement, so the money should be ready before the deadline.
Common reasons a sponsor partner from Bolivia application is refused
Most refusals of a sponsor partner from Bolivia application, especially onshore, follow familiar patterns:
- the application was lodged after the partner's visa expired, and Schedule 3 could not be met;
- the partner's visa carried condition 8503, 8534 or 8535, so a valid onshore application could not be made;
- a de facto couple lodged before 12 months and the relationship was not registered;
- the relationship evidence showed a student relationship but not a shared life;
- the Bolivian police certificates or the Australian police check were not provided in time;
- names on Spanish documents and translations did not match the passport.
The firm's guides to why partner visas get refused, onshore partner visa refusals, Schedule 3 refusals and the de facto 12-month rule refusal explain each problem. The answer on options after a Schedule 3 refusal explains what can happen next.
What can you do if the onshore partner visa is refused?
A refused Subclass 820 can usually be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant applies for review in their own name under regulation 4.02(5)(raa) of the Migration Regulations 1994, not the Australian sponsor. For a Subclass 300 refusal, the Australian sponsor applies. The FAQ on who applies for review of an offshore refusal explains the difference.
The Tribunal fee for review of a partner visa refusal is AUD 3,727 from 1 July 2026, and half is refunded if the Tribunal sets aside, varies or remits the decision. While a valid review is pending, the Bolivian partner's bridging visa usually continues. The firm's guides to the partner visa appeal deadline, bridging visas after a partner visa refusal, the ART review process and evidence at the ART explain the steps.
Published Tribunal decisions show how relationship evidence is reconsidered on review. Each case turns on its own facts, and none of these decisions concerned a sponsor partner from Bolivia application:
- In Xue (Migration) [2024] ARTA 823, a Subclass 309 matter, the issues recorded were that the parties were validly married, joint financial arrangements, planning a family together, and companionship and emotional support. The Tribunal remitted the matter to the Department.
- In Casey (Migration) [2024] ARTA 572, a Subclass 309 matter, the issues recorded were a genuine and continuing relationship, a valid marriage in the home country, and the financial, household and social aspects and the nature of commitment. The matter was sent back to the Department for reconsideration.
- In Mootoo (Migration) [2024] AATA 521, a Subclass 309 matter, the issues recorded were a valid marriage in the home country, the sponsor's short stay there and no meeting in person since, and the nature of commitment. The Tribunal remitted the matter.
These decisions show that the Tribunal looks at the whole of a relationship, including joint finances, family plans, emotional support and commitment, and that a limited period of time together is not always the end of the matter. The firm's partner visa refusal lawyers page and the guide to appealing a partner visa refusal explain the options.
How My Migration Lawyers helps you sponsor partner from Bolivia
My Migration Lawyers deals with complex partner visa cases, acts in many matters for Australian sponsors whose partners came to Australia on student and other temporary visas, including partners from Latin America, and is capable of handling a sponsor partner from Bolivia application from the first timing check through to review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.
On a sponsor partner from Bolivia matter, the firm:
- checks the Bolivian partner's current visa, its expiry date and any condition 8503, 8534 or 8535 through the grant notice and a VEVO check;
- works out the latest safe lodgement date and whether a de facto couple meet the 12-month requirement or should register the relationship first;
- advises on Schedule 3 and prepares a compelling reasons submission where the visa has already expired, or advises on the offshore Subclass 309 where that is the better path;
- prepares any written request for a waiver of a no further stay condition, where the circumstances support it;
- organises NAATI Spanish translations and checks that names and surnames are consistent across all documents;
- explains how to obtain the FELCN and REJAP certificates from inside Australia through a consulate or power of attorney;
- presents the couple's own account of the relationship, which each partner reviews and corrects, together with Form 888 statements and household, financial and social evidence; and
- acts on review at the Administrative Review Tribunal if the visa is refused.
The firm acts for sponsors across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Gold Coast and Adelaide. Couples facing a close visa expiry date can read the firm's page on urgent partner visa lodgement, and those whose case already has a difficult feature can read the guide to complex partner visa applications or the partner visa FAQ hub.
If you want to sponsor partner from Bolivia and the Bolivian partner's visa expires soon, the date matters more than anything else. Book a consultation with My Migration Lawyers, or call 1300 040 300.
Frequently Asked Questions
Can I sponsor my Bolivian partner who is in Australia on a student visa?
Yes, if you are an Australian citizen, permanent resident or eligible New Zealand citizen and the relationship meets the requirements. Your Bolivian partner can usually apply for a Subclass 820 partner visa in Australia while the student visa is still valid, unless it carries a no further stay condition such as 8534 or 8535. Lodging before the student visa expires avoids Schedule 3. A Bridging visa A usually takes effect when the student visa ends.
What happens if my partner's student visa expires before we lodge?
Your partner becomes an unlawful non-citizen, and a Subclass 820 application must then meet Schedule 3 criteria 3001, 3003 and 3004 unless the Department finds compelling reasons not to apply them. Criterion 3001 generally requires the application within 28 days after the last substantive visa ended. Department policy says a genuine relationship and the hardship of separation are generally not compelling reasons by themselves. Get advice immediately, because the options narrow quickly.
Can we sponsor partner from Bolivia if we have been together less than 12 months?
Yes, if you are married, or if your de facto relationship is registered in an Australian State or Territory. Otherwise, a de facto couple must usually show 12 months of de facto relationship before the application. Where a student visa will expire before the 12 months are complete, registering the relationship or marrying can solve the timing problem, but registration takes time and should be started well before the visa expiry date.
What is condition 8503 and does it stop a partner visa?
Condition 8503 is a No Further Stay condition, usually imposed on visitor visas. If your Bolivian partner's visa carries it, the partner cannot make a valid partner visa application in Australia unless the condition is waived first. Some student visas carry conditions 8534 or 8535, which have the same effect. A waiver needs compelling and compassionate circumstances that developed after the visa was granted, were beyond the person's control and caused a major change.
What police certificates does my Bolivian partner need?
The Department of Home Affairs lists two Bolivian documents: the Certificado de Antecedentes issued by the FELCN, and the Registro Judicial de Antecedentes Penales certificate issued by REJAP. They are usually required if your partner lived in Bolivia for 12 months or more in the last 10 years after turning 16. If your partner has spent 12 months or more in Australia, an Australian Federal Police check is usually needed too.
How can my partner get Bolivian police certificates while living in Australia?
According to the Department of Home Affairs, a Bolivian citizen living outside Bolivia can obtain the certificates through the nearest Bolivian consulate. Alternatively, your partner can give a notarised power of attorney to a relative or friend in Bolivia, who can attend the FELCN and REJAP offices to request both certificates. Either route takes time, so start early. Each certificate must be translated into English and is generally valid for 12 months.
Do Spanish documents need a NAATI translation?
A translation made in Australia should be made by a NAATI accredited translator and show the practitioner number. A translation made outside Australia must identify the translator by name, address, phone number and qualifications. Upload the original Spanish document with the translation. Do not translate documents yourselves or use a machine translation as the English version. One translator for all documents helps keep names and surnames consistent.
We live in a share house. Can we still prove a de facto relationship?
Yes. Living in a share house does not prevent a de facto relationship, but you need to show that you live together as a couple rather than as housemates. Evidence of a shared room, joint responsibility for your share of rent and bills, mail to the same address, statements from flatmates and friends, and photographs together over time all help. The Department looks at the whole relationship, not only the lease.
Is a marriage in Bolivia recognised in Australia?
Generally yes. A marriage that was valid under Bolivian law when it took place is usually recognised in Australia, unless it would be void under Australian law, for example because one party was already married. The Bolivian marriage certificate must be translated into English. A valid marriage proves the relationship status, but the Department still assesses whether the relationship is genuine and continuing before granting the partner visa.
Should we marry in Australia before applying?
It depends on your circumstances. Marrying in Australia removes the 12-month de facto requirement, which can help when a visa is about to expire. However, the Notice of Intended Marriage must usually be given at least one month before the wedding, and the marriage must be genuine. Marriage does not replace relationship evidence. The Department will still assess the financial, household, social and commitment aspects of the relationship.
My partner's student visa was refused. Can I still sponsor partner from Bolivia?
Usually yes, but extra rules apply. A person whose visa was refused in Australia is generally subject to the section 48 bar, which limits onshore applications, but a partner visa can still be applied for with additional lodgement requirements. If the partner is on a bridging visa or unlawful, Schedule 3 may also apply. A pending Tribunal review of the student visa refusal needs to be managed alongside the partner visa.
Can my partner leave Australia and apply for a Subclass 309 instead?
Yes. Schedule 3 does not apply to an offshore Subclass 309 application, so leaving Australia and applying offshore can be an option where an onshore application is likely to fail. However, a person who leaves after being unlawful may face an exclusion period for some future visas, and the partner must usually be outside Australia when the Subclass 309 is granted. This decision should be made only after legal advice.
How much does it cost to sponsor partner from Bolivia?
The base application charge for the combined Subclass 820 and Subclass 801 application, and for the combined Subclass 309 and Subclass 100 application, is AUD 11,710 from 1 July 2026. Other costs usually include the Bolivian police certificates, the Australian Federal Police check, NAATI translations, the medical examination and any relationship registration fee. The full charge must be paid on lodgement, so have it ready before any visa expiry deadline.
Can my Bolivian partner work while the partner visa is processed?
Usually yes, once the bridging visa is in effect. While the student visa remains in effect, its conditions, including any work limits, continue to apply. When the student visa ends, the Bridging visa A granted with the partner visa application generally comes into effect, and Bridging visa A holders who have applied for a partner visa generally have work rights. Check the bridging visa grant notice and VEVO to confirm the conditions.
What happens if the Subclass 820 is refused?
A refused Subclass 820 can usually be reviewed by the Administrative Review Tribunal. The visa applicant must apply within 28 days after being notified of the decision, or 7 days if in immigration detention. The fee is AUD 3,727 from 1 July 2026, and half is refunded if the decision is set aside, varied or remitted. While a valid review is pending, the bridging visa usually continues, and new evidence can be provided.
When should we get advice to sponsor partner from Bolivia?
As early as possible, and certainly before your partner's current visa expires. The lodgement date decides whether Schedule 3 applies, and a no further stay condition can block an onshore application altogether. Early advice also leaves time to obtain the Bolivian police certificates, organise Spanish translations and decide whether to marry or register a de facto relationship. Once a visa has expired, the options become narrower and harder.
























