Sponsoring a Partner From Brazil

To sponsor partner from Brazil, the Australian partner must be an eligible sponsor, the couple must be married or in a de facto relationship, and the relationship must be genuine and continuing. A sponsor partner from Brazil application is assessed under the same Australian law as every other partner visa, but the documents, the police certificate and the typical facts are Brazilian.

This guide is written for the Australian sponsor. It explains who can sponsor partner from Brazil, which visa the Brazilian partner should apply for, how a Brazilian marriage and a união estável are treated in Australia, which police certificates are needed, how to deal with Portuguese documents, how to prove the relationship, and what to do if the Department refuses the application. The firm's partner visa lawyers act for sponsors and applicants across Australia and overseas, and the complete guide to partner visas explains every subclass in the partner visa family.

Many couples who sponsor partner from Brazil met in Australia while the Brazilian partner was studying. Others met online, met while travelling, or met while the Australian partner was living or working in Brazil. Each of those starting points changes the strategy. The rest of this guide explains how.

Can you sponsor partner from Brazil to Australia?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Brazil for a partner visa, provided the sponsor meets the sponsorship criteria and the couple meet the relationship requirements.

Brazilian citizens are not treated differently from other nationalities in the partner visa criteria. There is no quota for Brazil and no separate stream. What differs is the evidence. To sponsor partner from Brazil successfully, the couple must produce Brazilian civil documents, a Brazilian police certificate, accurate translations from Portuguese and relationship evidence that makes sense of how the couple actually live.

The partner visa itself is applied for by the Brazilian partner. The Australian partner is the sponsor and lodges a separate sponsorship application. The firm's guide to the partner visa sponsor explains the sponsor's role, and the page on who can sponsor a partner visa answers the threshold question in short form.

A sponsor partner from Brazil case therefore always has two parts that are assessed together: the sponsor's eligibility and the applicant's visa criteria. If the sponsorship is not approved, the visa cannot be granted, however strong the relationship evidence is.

Who is eligible to sponsor partner from Brazil?

The sponsor must be at least 18, must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must not be prevented from sponsoring by the limitations in the Migration Regulations 1994.

The key limitations are these:

• Regulation 1.20J. A person generally cannot sponsor more than two partners in a lifetime, and cannot sponsor a new partner within five years of a previous partner sponsorship, or within five years of being granted a partner visa themselves, unless there are compelling circumstances.
• Regulation 1.20KA. A sponsor who was granted a contributory parent visa can face a limitation on sponsoring a partner.
• Regulation 1.20KB. Where a child is included in the application, additional rules about child-related offences apply.
• Regulations 1.20KC and 1.20KD. From 18 November 2016, sponsors of Subclass 300, 309 and 820 applicants can be asked for police checks, and a sponsorship can be refused if the sponsor has a significant criminal record for a relevant offence, subject to a discretion.

These rules are explained in detail on the firm's partner visa sponsorship limitations page and in the guide on partner visa sponsor eligibility. A sponsor who has sponsored a previous partner should read the answer on a sponsor who has sponsored before before anything is lodged.

Sponsors who are themselves former Brazilian citizens, or dual nationals, sometimes ask whether their own background matters. Citizenship of Brazil does not stop an Australian citizen from sponsoring. What matters is the Australian status. The guide for an Australian citizen partner visa sponsor, the guide for a permanent resident sponsor and the guide for a New Zealand citizen sponsor explain each category.

The sponsorship is made on Form 40SP, usually online with the visa application. The guide to the partner visa Form 40SP explains the form, and the answer on the documents a sponsor provides lists the sponsor's evidence. Sponsorship approval is decided at the time of decision, not at lodgement. That means a sponsor partner from Brazil case can be lost late in processing if the sponsor stops cooperating or does not answer a request.

Which visa applies when your Brazilian partner is already in Australia?

If the Brazilian partner is in Australia and holds a substantive visa without a no further stay condition, the usual pathway is the onshore Subclass 820 temporary visa, followed by the Subclass 801 permanent visa about two years after lodgement.

Many Brazilian partners are in Australia on a student visa. Others hold a visitor visa or a temporary work visa. An onshore application can usually be lodged while the current visa is still in effect. Once it is lodged, the applicant generally receives a bridging visa that keeps them lawful while the Subclass 820 partner visa is processed. The guides on the onshore partner visa and on moving from a student visa to a partner visa explain how this works.

Three onshore traps matter in a sponsor partner from Brazil case:

• Condition 8503. Some visitor visas carry condition 8503 (No Further Stay). A partner with that condition cannot usually lodge an onshore Subclass 820 application unless the condition is waived. The guide on condition 8503 and partner visas explains the waiver.
• Schedule 3. If the Brazilian partner's visa has already expired, or the partner holds a bridging visa other than a Bridging A, B or C visa, the application must also satisfy the Schedule 3 criteria. The guide on Schedule 3 criteria for partner visas explains the test, and the Schedule 3 waivers page explains how the firm prepares those cases.
• Expiry timing. Lodging the day after a student visa expires is a very different case from lodging the day before. The answer on a visa that expires next week and the firm's urgent partner visa lodgement service deal with tight deadlines.

The comparison of Subclass 820 and Subclass 801 explains how the two stages connect. The second stage is assessed about two years after the combined application was lodged, and the Department looks again at whether the relationship is continuing.

How do you sponsor partner from Brazil when your partner lives in Brazil?

When the Brazilian partner is outside Australia, the usual pathway is the offshore Subclass 309 temporary visa, followed by the Subclass 100 permanent visa. The application is lodged while the partner is outside Australia, and the partner must be outside Australia when the Subclass 309 is granted.

The Subclass 309 partner visa page explains the offshore visa, and the guide to the offshore partner visa explains timing and travel. A couple who are engaged but not yet married can consider the Subclass 300 Prospective Marriage visa, which allows the Brazilian partner to travel to Australia and marry the sponsor within the visa period.

Choosing between these is not only a question of where the partner is today. It depends on whether the partner wants to live in Australia during processing, whether the couple can meet the de facto requirements, and whether a wedding in Brazil or in Australia makes more sense. The guide on onshore versus offshore partner visas and the answer on whether to apply for Subclass 820 or Subclass 309 compare the options. The guide on which partner visa pathway applies sets out a decision process.

An Australian who lives in Brazil with the partner can still sponsor partner from Brazil. The sponsor must show an intention to live in Australia with the applicant. The guide on a partner visa sponsor living overseas and the answer on an Australian living overseas who sponsors a partner explain what evidence of that intention looks like.

Married in Brazil: will Australia recognise the marriage?

Yes, in most cases. A marriage that was valid where it took place and that meets the Australian requirements for recognition, including that both parties freely consented and neither was already married, is generally recognised for partner visa purposes.

In Brazil, a civil marriage is registered with the civil registry office (cartório de registro civil), and the couple receive a marriage certificate (certidão de casamento). That certificate is the core document for a married couple who want to sponsor partner from Brazil as spouses. A religious ceremony on its own is not the same as civil registration, so the couple should check that the marriage was actually registered.

Same-sex couples should know that since Resolution 175 of 2013 of Brazil's National Council of Justice (Conselho Nacional de Justiça), civil registry offices cannot refuse to celebrate a civil marriage between people of the same sex or to convert a same-sex stable union into a marriage. A same-sex marriage registered in Brazil is therefore treated in the same way as any other marriage for partner visa purposes. The firm's LGBTI partner visa page and the answer on same-sex marriage and the spouse visa explain the wider position.

Recognition of the marriage does not prove the relationship is genuine. The Department still assesses the four aspects of the relationship. The guides on whether an overseas marriage is recognised in Australia and on what happens when an overseas marriage is not recognised explain the limits. The answer on whether a marriage certificate is enough addresses the most common misunderstanding.

A partner who was previously married must also show that the earlier marriage ended. A Brazilian divorce is normally recorded on the marriage certificate by annotation (averbação). An updated certificate showing the divorce is usually the clearest evidence. The guide on a partner visa while still married to someone else explains what happens if a divorce is not final.

Is a Brazilian união estável enough to sponsor partner from Brazil as de facto partners?

No, not on its own. A Brazilian união estável (stable union) is useful evidence of commitment, but it is not a registered relationship under an Australian state or territory law, so it does not remove the requirement to prove a de facto relationship.

Brazilian law recognises the união estável, and many couples formalise it by a public deed at a notary office. Couples who want to sponsor partner from Brazil often assume the deed works like a marriage certificate for Australian purposes. It does not. For a de facto application, the couple must show they have a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately on a permanent basis.

The 12-month rule matters here, and it is where many people who sponsor partner from Brazil as de facto partners come unstuck. A de facto relationship must generally have existed for at least 12 months before the application is lodged, unless an exception applies. One exception is where the relationship has been registered under a prescribed Australian state or territory law. A Brazilian união estável deed is not that kind of registration. The guides on the 12-month de facto rule for Subclass 820 and on when the 12-month period starts explain the rule. The answer on an overseas registered relationship deals directly with foreign registrations.

A couple who are in Australia may be able to register their relationship under the law of the state or territory where they live. The answer on registering a de facto relationship for a partner visa explains the process, and the answer on registering a relationship while the partner is overseas covers couples who are apart.

The união estável deed still has value in a sponsor partner from Brazil application. It can show when the couple publicly declared the relationship, which is evidence of the nature of their commitment. It should be included and translated, but it should be supported by the ordinary de facto evidence: a shared address, joint finances, shared responsibilities and social recognition. The guide on the de facto partner visa explains the full test.

What police certificate does a Brazilian partner need?

The Brazilian partner normally needs the Certidão de Antecedentes Criminais issued by Brazil's Federal Police (Polícia Federal), together with police certificates from every other country where the partner lived for 12 months or more in the last 10 years since turning 16.

The Federal Police states that its certificate shows whether there are criminal records in its systems, that it is issued free of charge online, and that it is valid for 90 days. Because the certificate is issued online, it can usually be obtained quickly, which is an advantage when you sponsor partner from Brazil compared with countries where the certificate takes months. The short validity period matters. A certificate obtained too early may be out of date by the time the Department asks for it.

The Department's character requirements for each country are published on its website, and they should be checked at the time of lodgement because the instructions can change. That includes checking whether the Department asks for any additional certificate for Brazil. A partner who has lived in Australia for 12 months or more since turning 16 also needs an Australian Federal Police check. The guides on partner visa overseas police certificates and on the partner visa AFP police check explain both.

A partner with a criminal record in Brazil or elsewhere should get advice before the sponsor partner from Brazil application is lodged. The applicant must meet the character requirements in section 501 of the Migration Act 1958 and the public interest criteria. The guides on partner visa character requirements and on overseas convictions and partner visas explain the risks. If a certificate genuinely cannot be obtained, the answer on being unable to get a police certificate explains the options.

Does the Australian sponsor need a Brazilian police check?

Yes, if the sponsor lived in Brazil for 12 months or more. Under regulation 1.20KC, the Department can ask the sponsor for an Australian National Police Check and for a police check from each country where the sponsor lived for 12 months or more, in total, in the relevant period since turning 16.

This is a point that many people who sponsor partner from Brazil overlook. An Australian who met the partner while living in Brazil for work, study or volunteering may have reached 12 months there without thinking about it. The 12 months is cumulative, so several shorter stays can add up. If the Department asks, the sponsor must provide the Brazilian certificate or evidence that it has been requested. A sponsor who intends to sponsor partner from Brazil after a long stay there should obtain the certificate early rather than wait for a request.

Department policy treats 28 days as a reasonable time to respond to a sponsor police check request. The request goes to the sponsor, not to the applicant, so a sponsor who does not read their email can cause a refusal without the applicant knowing. The guides on the partner visa sponsor police check, on what happens when a sponsor police check is not provided and on relevant offences for sponsors explain the rules. The policy on female sponsors and police checks is also relevant.

A sponsor who has a criminal record anywhere should read the answer on a sponsor with a criminal record before the sponsorship is lodged. Many convictions are not relevant offences, but the assessment should be done in advance, not after a request arrives.

How should Portuguese documents be translated?

Every document that is not in English must be provided with an accurate English translation. In a sponsor partner from Brazil application, that usually means the birth certificate (certidão de nascimento), the marriage certificate, any divorce annotation, the união estável deed, identity documents and the police certificate.

For anyone who wants to sponsor partner from Brazil, the Department's general rule is the same as for every other country: documents in a language other than English must be accompanied by English translations. In Australia, translations are usually prepared by a translator accredited by the National Accreditation Authority for Translators and Interpreters. Outside Australia, the translation should show the translator's details and a statement about accuracy. The guide on partner visa evidence translation explains what is expected.

Couples who want to sponsor partner from Brazil should not translate everything. Translating hundreds of WhatsApp messages is rarely useful. A selection of messages, with translated extracts that show the progress of the relationship, is usually far more persuasive. The answer on translating messages for a partner visa and the answer on translating a marriage certificate explain the practical approach.

Brazilian names cause their own problems in a sponsor partner from Brazil case. Many Brazilians carry several family names, and names can change on marriage. If the passport, the birth certificate and the marriage certificate show the name differently, the application should explain why. The answers on different names and dates across documents and on a name change after marriage deal with this. Where a civil document cannot be obtained at all, the answer on being unable to get a birth or marriage certificate applies.

What relationship evidence works in a sponsor partner from Brazil application?

The Department assesses the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Strong evidence in a sponsor partner from Brazil case reflects how the couple actually live, not a generic checklist.

The facts behind many Brazilian applications create predictable evidence issues for couples who sponsor partner from Brazil:

• Shared housing. A partner on a student visa often lives in a share house. If the couple share a room, the lease, bills, mail and a statement from the housemates can show a shared household. The guide on informal living arrangements explains how this is presented.
• Limited income. Student visa work limits can mean the Brazilian partner earns less. Unequal finances are normal. What matters is how money is shared. The guide on partner visa financial evidence explains the options, including where there is no joint account.
• Transfers to and from Brazil. Money sent to family in Brazil, or money sent by the sponsor to the partner while apart, can be evidence of financial interdependence when it is explained. The answer on money transfers as relationship evidence explains how to use it.
• Family overseas. Family members in Brazil can give Form 888 statements. The answer on statements from overseas friends explains who can sign and how, and the guide on Form 888 for partner visas explains what a useful statement says.
• Time apart. Visits to Brazil and periods apart for study or family reasons should be explained with travel records. The guide on long-distance relationships covers this.

Couples who sponsor partner from Brazil also prepare one relationship statement. It is the couple's own account of how they met, how the relationship developed and how they live now. It must be accurate and consistent with the documents. The guide on the partner visa relationship statement explains its structure, and the guide on relationship evidence explains how the four aspects fit together. The guide on partner visa cultural differences explains how to present family and cultural practices accurately.

How much does it cost to sponsor partner from Brazil?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710. That charge covers both stages of the combined application, and it is paid when the application is lodged.

When you sponsor partner from Brazil, there are other costs that depend on the facts, such as health examinations, police certificates, translations and travel. The Department publishes its charges, and they can change, so the charge should be checked again on the day of lodgement. The guides on partner visa costs and on partner visa fee increases explain how the charge is calculated, and the answer on who pays the partner visa fee explains that either partner can pay it.

If the application is refused and reviewed, the Administrative Review Tribunal fee for a partner visa review is AUD 3,727 at the time of writing. The guide on partner visa ART fees explains when that fee applies.

What are the sponsor's obligations after lodgement?

The sponsor undertakes to support the Brazilian partner, must keep the Department informed, and must respond to requests addressed to the sponsor. The sponsorship generally continues through the permanent stage.

The obligations are practical and continue for the life of the sponsor partner from Brazil application. A sponsor who wants to sponsor partner from Brazil should expect to:

• keep the contact details in the sponsorship application up to date;
• respond to any police check request or other request addressed to the sponsor;
• tell the Department about changes in circumstances, including a separation;
• provide updated documents and a statement at the second stage.

The guides on partner visa sponsor obligations, on the sponsor undertaking and on the sponsor at the second stage explain each obligation. The guide on a partner visa change of circumstances explains how changes are reported.

If the relationship ends during processing, the Brazilian partner may still have options, for example under the family violence provisions or where there is a child of the relationship. The family violence partner visa lawyers page and the guide on partner visa relationship breakdown explain the position. Anyone in immediate danger should call 000.

Can the Brazilian partner visit Australia while the visa is processed?

Usually yes, if the partner holds a valid visitor visa. A Brazilian partner who has lodged an offshore Subclass 309 application can apply for a visitor visa to visit the sponsor, but the partner must be outside Australia when the Subclass 309 is granted.

The Department decides each visitor visa on its merits. A pending sponsor partner from Brazil application does not mean a visitor visa will be refused, but the applicant must still show a genuine intention to visit temporarily. The answers on visiting Australia while a Subclass 309 is processed and on a spouse visitor visa explain the approach, and the guide on a visitor visa during partner visa processing covers the practical risks.

A Brazilian partner who arrives on a visitor visa and then wants to lodge onshore must check the visa conditions first. The guide on moving from a tourist visa to a partner visa explains when that is possible and when condition 8503 prevents it. The answer on a lawyer for a partner visa on a visitor visa explains why advice before travel matters.

What happens if the sponsor partner from Brazil application is refused?

A refused application can usually be reviewed by the Administrative Review Tribunal. The review application must be made within 28 days after the decision is notified. That deadline is strict.

Before any refusal of a sponsor partner from Brazil application, the Department may send a section 56 request for more information or a section 57 letter inviting comment on adverse information. Both should be answered carefully and on time. The guides on the section 56 request and on the section 57 natural justice letter explain what each letter means and how a response is prepared.

For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant also applies for review in their own name, under section 338(9) of the Migration Act 1958 with regulations 4.02(4)(saa) and 4.02(5)(raa), which were inserted in 2023. The guides on who can lodge a partner visa appeal, on the partner visa appeal deadline and on the partner visa ART review process explain the steps. The firm's partner visa refusals page explains how review work is handled.

On review, the Tribunal looks at the case afresh and can consider new evidence. That makes the review stage an opportunity to fix gaps in the original sponsor partner from Brazil application, such as missing translations or a weak explanation of living arrangements. The guide on partner visa ART evidence explains how evidence is presented, and the guide on why partner visas get refused explains the common grounds.

What mistakes do people make when they sponsor partner from Brazil?

The most common mistakes are lodging onshore without checking the partner's visa conditions, relying on a união estável deed as if it were an Australian registration, and allowing police certificates to expire before they are needed.

Other mistakes seen in sponsor partner from Brazil matters include:

• An unregistered marriage. Treating a religious ceremony as a civil marriage without checking the cartório registration.
• A missing divorce record. Not providing the annotated marriage certificate that shows an earlier marriage ended.
• Untranslated documents. Uploading Portuguese documents without English translations.
• The sponsor's own history. Forgetting that the sponsor lived in Brazil for more than 12 months and may need a Brazilian check.
• A student visa lapse. Waiting until the partner's student visa has expired and then facing Schedule 3.
• Inconsistent statements. Giving dates that do not match the documents or the travel records.

The guide on partner visa application mistakes explains these in more detail, and a partner visa application review before lodgement can identify them early. The partner visa document checklist is a useful starting point for gathering documents.

How My Migration Lawyers helps you sponsor partner from Brazil

My Migration Lawyers acts for Australian sponsors and their Brazilian partners in onshore and offshore partner visa matters, including cases that start from a student visa, cases that rely on a Brazilian marriage or união estável, and cases that have already been refused. The firm deals with complex partner visa cases, acts in many matters of this type and is capable of handling a sponsor partner from Brazil application from the first assessment to Tribunal review.

The firm's work on a sponsor partner from Brazil matter typically includes the following steps, each tailored to the Brazilian documents and to where the couple live:

• Assessing the sponsor's eligibility under regulations 1.20J, 1.20KA and 1.20KC, including whether the sponsor's own time in Brazil triggers a Brazilian police check.
• Advising whether the Brazilian partner should apply onshore for Subclass 820 or offshore for Subclass 309, or for a Subclass 300, and checking visa conditions such as 8503 and the Schedule 3 position.
• Reviewing the certidão de casamento, any divorce annotation and any união estável deed, and advising how each is treated in Australia.
• Planning the timing of the Federal Police certificate so that it is current when it is needed, and coordinating Portuguese translations.
• Organising the relationship evidence across the four aspects, including shared housing, transfers to Brazil and Form 888 statements from family in Brazil.
• Reviewing the couple's relationship statement, which remains their own account, reviewed and corrected by them.
• Preparing responses to section 56 requests and section 57 letters, and preparing Administrative Review Tribunal reviews.

Consultations are by video, so a sponsor partner from Brazil matter can be handled entirely online. Sponsors anywhere in Australia, and couples who are still in Brazil, can speak with the firm without travelling. The firm's matters are supervised by Weiwei Zhang, Principal Lawyer. The answer on whether a lawyer can help bring a spouse from Brazil, the guide on the Australian partner visa for Brazilian citizens and the answer on whether there is a partner visa lawyer for complex cases explain more about the firm's approach. Sponsors in particular cities can also read the pages for partner visa lawyers in Sydney, Melbourne, Brisbane and Perth.

If you want to sponsor partner from Brazil, or the Department has sent a request or a refusal, Book a Consultation with My Migration Lawyers, or call 1300 040 300.