Sponsoring a Partner From Cabo Verde

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 16, 2026
36 min read
Reading Time
36 min read
Table Of Contents

Key Takeaways

  • Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Cabo Verde through the offshore Subclass 309 and Subclass 100 pathway, the onshore Subclass 820 and Subclass 801 pathway, or the Subclass 300 prospective marriage visa.
  • Most Cabo Verdean civil registry documents are issued in Portuguese, so each one needs a complete English translation, uploaded together with a clear colour scan of the original document.
  • A marriage celebrated in Cabo Verde, Portugal or another third country can be recognised in Australia if it was valid where it took place and is not excluded by Australian law, but the civil registration record is the key document.
  • A partner who has lived in Portugal or another European country for 12 months or more in total in the last 10 years, counting from age 16, will usually need a police certificate from that country as well as from Cabo Verde.
  • The sponsor must be eligible in their own right, including the limits in Division 1.4B of the Migration Regulations 1994, and the relationship must be proved as genuine and continuing with real evidence.

Australians who want to sponsor partner from Cabo Verde can do so through an Australian partner visa, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from Cabo Verde successfully, the couple must also manage Portuguese-language civil registry documents, translations, police certificates from every relevant country and, often, a life together that has been lived partly in Europe.

This guide explains the sponsor partner from Cabo Verde process from the sponsor's side. It covers which visa fits, how the sponsor qualifies, how Cabo Verdean birth and marriage records should be prepared, what happens where the couple married in Portugal or another third country, and how police certificates work where the Cabo Verdean partner holds residence in Europe. For the full framework of every subclass, the firm's complete guide to partner visas in Australia is the starting point, and the firm's partner visa lawyers page explains how the firm runs these matters.

Can an Australian sponsor partner from Cabo Verde on a partner visa?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Cabo Verde for a partner visa, whether the couple is married, in a de facto relationship or engaged to marry.

Australian law does not have a special category for Cabo Verdean nationals. The same legal tests apply to every partner visa applicant. What changes in a sponsor partner from Cabo Verde matter is the evidence. Documents are usually in Portuguese, the couple may have married outside Cabo Verde, and the applicant may have lived for years in Portugal or elsewhere in Europe. Each of those facts creates a document and character step that must be handled before lodgement.

There are three visa pathways:

The partner visa two-stage process means the temporary visa is usually granted first and the permanent visa is assessed later. The firm's explainer on which partner visa pathway fits compares the options in more detail.

Who is eligible to sponsor partner from Cabo Verde?

A person can sponsor partner from Cabo Verde only if they are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, are at least 18, and are not stopped by the sponsorship limits in Division 1.4B of the Migration Regulations 1994.

Sponsor status is tested when the visa application is made. A sponsor whose own permanent visa is still pending cannot yet sponsor. The firm's guide on partner visa sponsor eligibility explains each status in detail, and the shorter answer on who can sponsor a partner visa is a useful checklist.

The main sponsor limits are:

  • Previous sponsorships. Under regulation 1.20J, a person can generally have no more than two partner sponsorships approved in their lifetime, and cannot have a new sponsorship approved within five years of an earlier one. A sponsor who was themselves sponsored as a partner also faces a five-year limit. The limits can be waived in compelling circumstances. The firm's page on partner visa sponsorship limitations sets out how these are argued.
  • Child-related offences. Regulation 1.20KB can prevent approval where the sponsor has a registrable offence involving a child.
  • Relevant offences. Regulation 1.20KC deals with violence, harassment, breaches of protection orders and similar offences. Where the sponsor has a significant criminal record under regulation 1.20KD for such an offence, the Department must refuse the sponsorship unless approval is reasonable.
  • Consent to disclose. The sponsor must consent to the Department disclosing relevant offence convictions to the applicant.
  • Police checks. The Department can ask the sponsor for police certificates. The firm's article on the partner visa sponsor police check explains when this happens.

Before any sponsor partner from Cabo Verde application is prepared, these limits should be checked. A short partner visa sponsor risk assessment avoids building a full evidence file for a sponsorship that cannot be approved.

Sponsors who are dual citizens or have Cabo Verdean heritage

Some sponsors have family links to Cabo Verde or hold Cabo Verdean or Portuguese citizenship as well as Australian citizenship. Dual citizenship does not prevent a person from sponsoring. The firm's article on the partner visa sponsor who is a dual citizen explains the points to check, including proof of Australian citizenship. Sponsors who acquired citizenship by descent should also read the article on the citizen by descent partner visa sponsor.

Which visa fits when you sponsor partner from Cabo Verde: Subclass 309, Subclass 820 or Subclass 300?

For most couples, the Subclass 309 is the practical choice when they sponsor partner from Cabo Verde, because the applicant usually lives in Cabo Verde, Portugal or another country outside Australia when the application is ready.

The choice depends on where the applicant is, what visa they hold and the stage of the relationship.

The offshore Subclass 309 route

The applicant must be outside Australia when the Subclass 309 application is made, and generally must be outside Australia when it is granted. The applicant does not have to apply from Cabo Verde. A Cabo Verdean partner who lives lawfully in Portugal, France, the Netherlands or any other country can lodge from there. The firm's guide to partner visa offshore lodgement explains the online lodgement steps, and the firm's broader guide to the offshore partner visa explains the full offshore pathway.

The onshore Subclass 820 route

An onshore application is possible only where the applicant is already in Australia on a visa that allows it. Cabo Verdean passport holders cannot generally obtain an eVisitor or Electronic Travel Authority, so a visit to Australia would normally be on a Visitor visa (Subclass 600). Some Visitor visas carry condition 8503 No Further Stay, which blocks an onshore partner visa application unless the condition is waived. Couples who plan to visit before lodging should read the firm's articles on applying for a partner visa while on a tourist visa and the onshore versus offshore partner visa choice.

Where the applicant is in Australia without a substantive visa, the Schedule 3 criteria apply to an onshore application and need careful assessment.

The Subclass 300 prospective marriage route

The Subclass 300 suits a couple who are engaged, have met in person as adults, and intend to marry in Australia. The applicant must marry the sponsor within the visa period and then apply for the onshore partner visa. The firm's answer on prospective marriage visa requirements summarises the criteria.

Sponsor partner from Cabo Verde: Portuguese-language civil registry documents

Cabo Verdean civil registry documents are generally issued in Portuguese, so every birth, marriage, divorce and name record used in a sponsor partner from Cabo Verde application needs a full English translation.

The Department relies on civil documents to establish identity, relationship status and family composition. In a sponsor partner from Cabo Verde file, the core documents usually include:

  • the applicant's passport bio-data page;
  • the applicant's birth certificate from the Cabo Verdean civil registry;
  • the marriage certificate, where the couple is married;
  • divorce or death records for any earlier marriage of either partner;
  • national identity documents, where held; and
  • any residence documents from Portugal or another country, which show where the applicant has lived.

The firm's partner visa document checklist and the shorter answer on partner visa documents list what is needed for every application. The sponsor's own documents are covered in the article on partner visa sponsor documents.

Full certificates, not summaries

Where a registry can issue either a short extract or a full certificate, the full version is usually more useful. It shows parents' names, registration details and any annotations, such as a later marriage or divorce noted on a birth record. A translation must cover the whole document, including stamps, annotations and registry references. Summaries are not enough.

Names that appear differently across documents

Portuguese-language naming often uses more than one family name, and documents issued at different times can show a longer or shorter form of the same name. A passport may also show a name differently from a birth record. These differences are common and usually explainable, but in a sponsor partner from Cabo Verde application they must be explained. The firm's answer on different names and dates on documents explains how to deal with them, and the answer on name change after marriage covers married names.

A sponsor partner from Cabo Verde file should list every name the applicant has used, in Form 80 and in the application, and the evidence should show how each name links to the same person. Inconsistent answers can raise integrity questions under PIC 4020, even where the cause is innocent.

What does the Department check first in a sponsor partner from Cabo Verde file?

The Department checks three things first in a sponsor partner from Cabo Verde file: whether the application is valid, whether the sponsor can be approved, and whether the applicant's identity is established by consistent documents.

Validity is a threshold issue. An application lodged in the wrong place, for example a Subclass 309 lodged while the applicant is in Australia, or an onshore application blocked by condition 8503, cannot be fixed later. The firm's article on an invalid partner visa application explains how these problems arise. Sponsorship is the second issue. The sponsorship is assessed alongside the visa and must be approved before the visa can be granted, as the article on partner visa sponsorship approval explains.

Identity is the third issue, and it is where a sponsor partner from Cabo Verde application most often needs extra care. The officer compares the passport, the Cabo Verdean birth record, any Portuguese or other European residence documents, and Form 80. Every difference in spelling, order of names or dates should already be explained in the application. The answer on a partner visa where the applicant has used a different identity explains the consequences of identity concerns that are not resolved.

Children included in the application

Where the Cabo Verdean partner has children who will migrate, each child needs birth records, translations and, if the other parent remains overseas, evidence of consent or custody. The firm's article on adding children to a partner visa and the article on a partner visa without the other parent's consent explain the evidence needed. A child who turns 16 during processing may also need police certificates.

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

How should Portuguese documents be translated for a sponsor partner from Cabo Verde application?

Every document that is not in English must be uploaded with a complete English translation, and the translation must identify the translator. In a sponsor partner from Cabo Verde application, that usually means translating birth, marriage and divorce records, police certificates and any Portuguese-language letters relied on as evidence.

The practical rules the firm applies are:

  • Translations made in Australia should be by a translator certified by NAATI, with the practitioner number shown on the translation.
  • Translations made outside Australia do not need NAATI certification, but should show the translator's full name, contact details and qualifications in the language.
  • The original must be uploaded too. A clear colour scan of the original document should sit with the translation, so the officer can see what was translated.
  • No self-translation. The applicant, the sponsor and their relatives should not translate documents for the application, and machine translation should not be relied on.
  • Form 888 statements must be in English. Where a Cabo Verdean friend or relative gives a statement, the statement itself must be completed in English.

The firm's guide to partner visa evidence translation covers each of these points. The answer on translating a marriage certificate for a marriage visa deals with the marriage record, and the answer on translating messages for a partner visa covers Portuguese or Cabo Verdean Creole chat messages.

Chat messages and letters in Portuguese or Creole

Many couples communicate in a mix of English, Portuguese and Cabo Verdean Creole. The Department does not expect every message to be translated. A selection of representative messages, translated in full, is usually more effective than hundreds of untranslated screenshots. The firm's article on partner visa chat evidence explains how to choose and present them.

Is a marriage in Cabo Verde recognised in Australia?

Yes, generally. A marriage celebrated in Cabo Verde is recognised in Australia if it was valid under Cabo Verdean law where it took place and is not excluded by Part VA of the Marriage Act 1961, for example because one party was already married or did not truly consent.

For a sponsor partner from Cabo Verde application based on marriage, the Department needs evidence that a legal marriage exists. The civil registry marriage certificate is the primary record. Where the couple had a religious ceremony, it is important to confirm that the marriage was also registered with the civil registry, and to obtain the civil registry record rather than relying only on a church certificate. The firm's article on whether an overseas marriage is recognised in Australia explains the test, and the answer on a religious or cultural marriage and the partner visa covers ceremonies that may not have been registered.

A valid marriage is not the end of the inquiry

A marriage certificate proves that the parties are married. It does not prove that the relationship is genuine and continuing. The answer on whether a marriage certificate is enough for a spouse visa explains why the Department still assesses the four aspects of the relationship. Couples who married soon after meeting should also read the answer on marrying soon after meeting.

Previous marriages and divorces

Where either partner was married before, the divorce must be final before the new marriage. A sponsor partner from Cabo Verde application should include the final divorce record, translated in full. The firm's article on a partner visa while still married explains what happens where a divorce has not been finalised, and the article on a partner visa after divorce covers the evidence needed.

What if you sponsor partner from Cabo Verde after marrying in Portugal or another third country?

A marriage celebrated in Portugal or any other third country is assessed the same way: it must have been valid under the law of the country where it took place, and it must not be excluded by Australian law.

Many Cabo Verdean nationals live in Portugal and other European countries, so it is common for a couple who sponsor partner from Cabo Verde to have married in Lisbon, Paris, Rotterdam or another European city. In that case, the primary document is the marriage certificate issued by the civil registry of the country where the marriage took place. A Portuguese marriage certificate will be in Portuguese and needs a full translation. A marriage registered in France or the Netherlands will need translation from French or Dutch.

Some couples also register the foreign marriage in the Cabo Verdean civil registry. That can help make the applicant's Cabo Verdean records consistent, but it does not replace the certificate from the country where the marriage took place.

The firm's answer on overseas marriage recognition for a partner visa is a short summary, and the article on a partner visa where the overseas marriage is not recognised explains the options when the marriage cannot be relied on. Where the couple has not married, or the marriage cannot be proved, a de facto application may still be possible. The firm's guide to the de facto partner visa in Australia explains the 12-month requirement and its exceptions.

What police certificates does a partner from Cabo Verde need?

The applicant generally needs a police certificate from every country where they have lived for a total of 12 months or more in the last 10 years, counting only time after turning 16. For a sponsor partner from Cabo Verde application, that usually means a Cabo Verdean certificate and, for many applicants, a certificate from Portugal or another European country.

The test is based on where the applicant lived, not on citizenship. The 12 months is cumulative, so several shorter stays can add up. The firm's guide to partner visa overseas police certificates explains the rule in full, and the answer on the police check for a partner visa is a short summary.

The Cabo Verdean criminal record certificate

A Cabo Verdean criminal record certificate is issued by the Cabo Verdean authorities. The Department publishes country guidance on how each certificate is obtained, and that guidance should be checked before the applicant applies. An applicant who lives outside Cabo Verde may need to apply through a Cabo Verdean embassy or consulate, which can take time. The certificate will be in Portuguese and needs a full English translation.

Portugal and other European countries

An applicant who has lived in Portugal for 12 months or more will usually need the Portuguese criminal record certificate, known as the certificado do registo criminal. The Australian Embassy in Lisbon, which is also accredited to Cabo Verde, explains that the certificate is issued by the Portuguese Directorate-General for the Administration of Justice, that residents in Portugal apply in person, and that people overseas apply through a Portuguese diplomatic mission. The Embassy itself cannot obtain police records. Applicants who have lived in other European countries need that country's certificate too.

Timing and validity

Police certificates are generally treated as valid for 12 months. A certificate obtained too early may expire before the decision. The answer on police certificate and health check validity and the article on expired police checks explain how to plan the timing. If a certificate cannot be obtained at all, the firm's answer on what to do if you cannot get a police certificate sets out the steps.

The sponsor's police checks

The Department can ask the sponsor for police certificates too. Under regulation 1.20KC, the sponsor can be asked for an Australian Federal Police check and for certificates from countries where the sponsor has lived for 12 months or more. A sponsor who lived in Cabo Verde or Portugal with the applicant may need those certificates. The firm's article on the partner visa AFP police check explains the Australian check.

Couples who live together in Europe: which evidence works?

Couples who have lived together in Portugal or elsewhere in Europe often have strong evidence of a shared household, and that evidence should be presented in an organised way for a sponsor partner from Cabo Verde application.

A shared life in Europe can produce leases in both names, utility bills, joint bank accounts, shared residence registrations, tax records and correspondence sent to both partners at the same address. These documents go directly to the financial and household aspects of the relationship. The firm's guides to partner visa household evidence and partner visa financial evidence explain how to use them.

Where the couple lived together for 12 months or more before the application, they may meet the de facto requirement even if they are not married. The answer on living together overseas for 12 months explains how overseas cohabitation counts. Where the couple registered their relationship in a European country, the answer on an overseas registered relationship and the partner visa explains whether that registration helps.

Most documents from a European household will be in Portuguese, French, Dutch or another language. They need translation in the same way as civil documents. Not every utility bill needs translation, but the documents relied on to prove the household should be translated in full.

Sponsor partner from Cabo Verde when the partner holds residence in Europe

Where the Cabo Verdean partner holds residence in Portugal or another European country, the sponsor partner from Cabo Verde application should treat that residence as part of the evidence, not as a side issue.

Residence in Europe affects the application in four practical ways:

  • Where to lodge. A Subclass 309 can be lodged online while the applicant is in the European country of residence. The applicant should be able to stay there lawfully while the application is processed and attend any biometrics or health appointments nearby.
  • Police certificates. Time spent in Europe counts towards the 12-month test, so a certificate from each European country of residence may be needed in addition to the Cabo Verdean certificate.
  • Residence history. Residence cards, registrations and leases help prove where the applicant lived and when. They should match the addresses given in Form 80 and in the visa application.
  • Relationship evidence. If the sponsor also lived in Europe, the European household is often the strongest evidence of the relationship.

A sponsor partner from Cabo Verde file should give a clear residence timeline for both partners. Gaps or overlaps in addresses are a common reason for requests for further information. The firm's article on the partner visa evidence timeline explains how to present the history, and the guide to section 56 requests for more information explains what happens when the Department asks for more. Where the applicant has spent long periods away from the sponsor because of work or residence obligations in Europe, the article on partner visa living apart for work explains how to present that separation.

A partner who later travels to Australia during processing should plan that travel carefully. The answer on visiting Australia while a Subclass 309 is processing explains the risks, including the rule that the applicant generally must be outside Australia when the Subclass 309 is granted. The firm's answer on whether the applicant must be outside Australia when the Subclass 309 is granted gives more detail. Couples who sponsor partner from Cabo Verde from a European base should keep these timing rules in mind before booking any visit.

The My Migration Lawyers Difference

hand-coins

Affordable Fees

Competitive professional fees make experienced legal representation more accessible.
scale

Complex Matter Capability

Experienced representation when complications arise.
calendar-clock

Instalment Payment Options

Pay professional fees in manageable instalments throughout your matter.
shield-check

Two-Day Cooling-off Period

You receive a two-business-day cooling-off period after signing the costs agreement.

Can a sponsor living overseas still sponsor partner from Cabo Verde?

Yes, in many cases. An Australian citizen can sponsor partner from Cabo Verde while living overseas, because citizen sponsors do not have to live in Australia. A permanent resident sponsor living overseas must still be usually resident in Australia, which needs careful checking.

Many sponsors in this situation have been living in Portugal or Cabo Verde with their partner and plan to return to Australia together. The firm's article on the partner visa sponsor living overseas explains the rules, and the article on the partner visa sponsor returning to Australia covers sponsors who are moving back. The answer on an Australian living overseas sponsoring a partner is a short version.

A permanent resident sponsor should also check whether their travel facility is still current. A sponsor whose travel facility has expired may need a Resident Return visa to come back as a permanent resident. The firm's article on the partner visa sponsor with an expired travel facility explains the issue.

Showing the plan to live in Australia

The couple should explain, in their own words, when and how they intend to settle in Australia. A sponsor partner from Cabo Verde file is stronger when it shows concrete steps, such as a job search in Australia, arrangements for housing, or plans to move belongings. The article on partner visa future plans explains how to present them.

How do you prove the relationship when you sponsor partner from Cabo Verde?

The Department assesses four aspects of the relationship: financial aspects, the nature of the household, social aspects, and the nature of the commitment. A sponsor partner from Cabo Verde application should address each one with evidence and statements, not only with a marriage certificate.

The firm's guide to the partner visa four pillars explains the framework, and the guide on how to prove a relationship is genuine gives practical detail.

Long-distance periods

Many couples who sponsor partner from Cabo Verde spend long periods apart, because one partner works in Australia while the other lives in Cabo Verde or Europe. Separation is not fatal. The Department looks at how the relationship continues during separation, including contact, visits, financial support and shared plans. The firm's article on the partner visa long-distance relationship explains what evidence helps, and the article on partner visa travel evidence covers visits.

Relationship statements

Each partner should give a detailed statement of the relationship history, in their own words. The statements must be consistent with each other and with the documents. The firm's guide to the partner visa relationship statement explains what to include. Friends and family in Cabo Verde, Portugal and Australia can give Form 888 statements, and the answer on statements from overseas friends explains whether overseas witnesses can be used.

Organising the file

A partner visa file with Portuguese, Creole, French and English material must be easy to follow. The firm's guide to partner visa evidence organisation explains how to index documents and name uploads, and the guide on how much evidence is enough helps avoid both gaps and overload.

What does it cost to sponsor partner from Cabo Verde, and when should you lodge?

The Department's visa application charge for the combined Subclass 309 and Subclass 100 application is AUD 11,710, applying from 1 July 2026, and the same amount applies to the combined Subclass 820 and Subclass 801 application.

For a sponsor partner from Cabo Verde application, other costs depend on the case, such as translations, police certificates, health examinations and travel. The firm's article on partner visa cost explains the cost components. The Department does not guarantee any decision time, and the firm does not quote processing times. The more important timing issue in a sponsor partner from Cabo Verde matter is the order of steps: Portuguese civil records, translations and police certificates should be sequenced so that nothing expires before the decision.

The Department may also ask the applicant for biometrics and health examinations after lodgement. The answer on biometrics for a partner visa and the article on partner visa health requirements explain those steps.

Step by step: how to sponsor partner from Cabo Verde

The process to sponsor partner from Cabo Verde follows a clear order, and most delays come from doing the steps out of sequence.

  • Check the sponsor. Confirm the sponsor's citizenship or permanent residence, and check the Division 1.4B limits, earlier sponsorships and any criminal history.
  • Choose the subclass. Decide between the Subclass 309, the Subclass 820 and the Subclass 300, based on where the applicant is and what visa they hold.
  • Collect civil records. Obtain full Cabo Verdean birth, marriage and divorce records, and the civil registry marriage certificate from Portugal or another country if the marriage took place there.
  • Arrange translations. Have every document that is not in English translated in full, with the original scanned alongside it.
  • Plan police certificates. List every country where the applicant has lived for 12 months or more since turning 16, and work out when to apply for each certificate.
  • Build the relationship evidence. Collect evidence of finances, the household, social recognition and commitment, together with both partners' statements and Form 888 statements.
  • Lodge the sponsorship and the visa application. The sponsor lodges the sponsorship online through ImmiAccount, and the applicant lodges the visa application and pays the visa application charge.
  • Respond to requests. Answer any request for further information on time, and attend biometrics and health appointments when asked.

The firm's guide on how to apply for a partner visa explains each step for every subclass, and the article on partner visa sponsorship lodgement explains the sponsor's part. A sponsor partner from Cabo Verde application that follows this order is easier to assess, because the officer can see that each requirement has been addressed.

What happens after the Subclass 309 is granted?

After the Subclass 309 is granted, the applicant must make their first entry to Australia by the date shown in the grant, and the permanent Subclass 100 is assessed later.

The temporary visa allows the applicant to live, work and study in Australia while the permanent stage is pending. The answer on the difference between the Subclass 309 and Subclass 100 explains the two stages, and the article on the partner visa first entry deadline explains why that date matters. At the permanent stage, the couple provides updated relationship evidence and, where needed, new police certificates. The firm's article on partner visa second stage documents lists what is usually requested. The sponsor's role continues too, as the article on the partner visa sponsor at the second stage explains. Couples who sponsor partner from Cabo Verde should keep collecting evidence of their life together in Australia from the day the applicant arrives, because the permanent stage looks at the relationship as it continues.

Why are partner visas refused, and what happens at review?

Partner visas are most often refused because the Department is not satisfied that the relationship is genuine and continuing, because a sponsorship limit applies, or because of document or character problems. The Department's refusal can usually be reviewed by the Administrative Review Tribunal.

The firm's article on why partner visas get refused sets out the common grounds. For a sponsor partner from Cabo Verde application, the most avoidable problems are untranslated or partial documents, unexplained name differences, a missing European police certificate, and thin evidence of the relationship during long separations.

Review deadlines and fees

An 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 309 refusal, the visa applicant lodges the review application in their own name under regulation 4.02(5)(raa) of the Migration Regulations 1994. For a Subclass 300 refusal, the Australian sponsor applies. The Tribunal fee for review of a partner visa refusal is AUD 3,727, applying from 1 July 2026, and half is refunded if the Tribunal sets aside, varies or remits the decision. The firm's answer on who applies for review of an offshore refusal and the article on the partner visa appeal deadline explain the process. The firm's partner visa refusals page explains how the firm acts on review.

Tribunal decisions that show how these issues are decided

Published Tribunal decisions show the kinds of issues that come up. Each case turns on its own facts, and none is a prediction for another matter.

  • In Osman Kerim (Migration) [2025] ARTA 1644, a Subclass 309 matter, the recorded issues were the sponsorship limitation, compelling reasons, two divorces, and two wives having departed Australia. The matter was remitted, which means it was sent back to the Department for reconsideration.
  • In Stuart (Migration) [2024] AATA 3694, a Subclass 309 matter, the recorded issue was that the applicant and sponsor pooled financial resources and shared day to day household expenses. The matter was remitted to the Department.
  • In Radings (Migration) [2024] AATA 2840, a Subclass 300 matter, the recorded issues were that the parties had married since the primary decision, that the marriage was valid, and that the application was taken to be an application for a permanent Partner visa. The matter was remitted to the Department.

These decisions illustrate that sponsorship limits can sometimes be addressed through compelling reasons, that shared finances and household expenses carry weight, and that events after the primary decision, such as a marriage, can matter at review. The firm's guide to partner visa compelling reasons and the article on how to appeal a partner visa refusal explain these points further.

Common mistakes when people sponsor partner from Cabo Verde

The most common mistakes are document problems that could have been fixed before lodgement. In a sponsor partner from Cabo Verde matter, the following issues appear repeatedly:

  • Uploading Portuguese documents without translation, or with translations that leave out stamps and annotations.
  • Relying on a church certificate where the civil registry record is needed.
  • Missing a Portuguese or other European police certificate for an applicant who lived there for 12 months or more.
  • Inconsistent names and dates across the passport, birth record, Form 80 and relationship statements.
  • Assuming a visit on a Visitor visa will allow an onshore application, without checking condition 8503.
  • Overlooking the sponsor's own limits, such as an earlier sponsorship within five years.
  • Presenting the relationship only through the marriage certificate, without evidence of the four aspects.

Avoiding these errors is the simplest way to sponsor partner from Cabo Verde without delay. The firm's article on partner visa application mistakes covers these errors in more detail, and the answer on correcting a mistake in a partner visa application explains how to fix one after lodgement.

How My Migration Lawyers helps sponsors with a partner from Cabo Verde

My Migration Lawyers deals with complex partner visa cases and acts in many matters for Australian sponsors whose partners come from overseas, including partners from Portuguese-speaking countries and couples who have built their life together in Europe. The firm is well placed to manage a sponsor partner from Cabo Verde application from the first assessment through to the permanent visa.

On a sponsor partner from Cabo Verde matter, the firm:

  • checks the sponsor's eligibility under Division 1.4B before any evidence is prepared, including earlier sponsorships, relevant offences and police checks;
  • advises whether the Subclass 309, Subclass 820 or Subclass 300 is the right pathway, including where the applicant lives in Portugal or another European country;
  • reviews each Cabo Verdean, Portuguese and other European civil document, identifies name and date differences, and explains them in the application;
  • confirms that the marriage, whether celebrated in Cabo Verde, Portugal or elsewhere, is supported by the correct civil registry record;
  • plans translations so that every document relied on is translated in full;
  • identifies every police certificate required for the applicant and the sponsor, and times them so they remain current;
  • prepares the application around the couple's own account and evidence, which the couple reviews and corrects before lodgement; and
  • responds to section 56 requests and section 57 letters, and acts at the Administrative Review Tribunal if the visa is refused.

The firm's Principal Lawyer, Weiwei Zhang, oversees the firm's partner visa practice. The firm acts for clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Sponsors who want to know more about the firm can read about My Migration Lawyers, or the answer on getting help with an offshore Subclass 309 and Subclass 100 partner visa. The full set of short answers is in the firm's partner visa FAQ centre.

Anyone planning to sponsor partner from Cabo Verde should have the documents, translations and police certificates checked before lodgement. Book a consultation with My Migration Lawyers, or call 1300 040 300.

Frequently Asked Questions

Can I sponsor my partner from Cabo Verde to come to Australia?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Cabo Verde for a partner visa if they are at least 18 and are not blocked by the sponsorship limits in Division 1.4B of the Migration Regulations 1994. The couple must be married, in a de facto relationship, or engaged to marry. The relationship must be genuine and continuing, and the Department will assess it using evidence of finances, the household, social recognition and commitment.

Which visa is best for a partner from Cabo Verde?

For most couples, the offshore Subclass 309 is the practical choice, because the applicant is usually outside Australia when the application is ready. It leads to the permanent Subclass 100. An onshore Subclass 820 is possible only if the applicant is in Australia on a visa that allows it, and a Visitor visa with condition 8503 can block that. The Subclass 300 suits couples who intend to marry in Australia after the applicant arrives.

Do Cabo Verdean birth and marriage certificates need to be translated?

Yes. Cabo Verdean civil registry documents are generally in Portuguese, and every document that is not in English must be uploaded with a complete English translation. Translations made in Australia should be by a NAATI-certified translator. Translations made overseas should show the translator's name, contact details and qualifications. A clear colour scan of the original should be uploaded with the translation, and the translation should cover stamps, annotations and registry references, not just the main text.

Is a marriage in Cabo Verde legally recognised in Australia?

Generally yes. A marriage celebrated in Cabo Verde is recognised in Australia if it was valid under Cabo Verdean law and is not excluded by Part VA of the Marriage Act 1961, for example because one party was already married or did not consent. The civil registry marriage certificate is the key document. If the couple had a religious ceremony, they should confirm it was also registered with the civil registry and obtain that civil record.

We married in Portugal. Can I still sponsor partner from Cabo Verde as a spouse?

Yes. A marriage celebrated in Portugal is assessed in the same way as any other overseas marriage. It must have been valid under Portuguese law and not excluded by Australian law. The primary document is the Portuguese civil registry marriage certificate, translated in full into English. Registering the marriage in the Cabo Verdean civil registry can help keep the applicant's records consistent, but it does not replace the certificate from Portugal.

My partner lives in Portugal. Does she need a Portuguese police certificate?

Usually yes. The applicant generally needs a police certificate from every country where they have lived for a total of 12 months or more in the last 10 years, counting from age 16. A Cabo Verdean partner who has lived in Portugal for that long will usually need the Portuguese certificado do registo criminal as well as a Cabo Verdean certificate. The test depends on where the person lived, not on citizenship.

How does my partner get a police certificate from Cabo Verde?

A Cabo Verdean criminal record certificate is issued by the Cabo Verdean authorities. The Department of Home Affairs publishes country guidance on how each country's certificate is obtained, and it should be checked before applying. An applicant living outside Cabo Verde may need to apply through a Cabo Verdean embassy or consulate, which can take time. The certificate will be in Portuguese and needs a full English translation before it is uploaded.

Can my partner apply for the Subclass 309 from Portugal instead of Cabo Verde?

Yes. The Subclass 309 applicant must be outside Australia when the application is made, and generally when it is granted, but does not have to apply from Cabo Verde. A Cabo Verdean partner who lives in Portugal or another country can lodge the application online from there. The Department may ask for biometrics and health examinations after lodgement, so the applicant should be able to attend those appointments in the country where they live.

Can my partner visit Australia on an eVisitor before we apply?

No. Cabo Verdean passport holders cannot generally obtain an eVisitor or Electronic Travel Authority, so a visit would normally require a Visitor visa (Subclass 600). Some Visitor visas carry condition 8503 No Further Stay, which prevents most onshore visa applications, including a Subclass 820, unless the condition is waived. A couple who plans a visit before lodging should check the conditions on the Visitor visa before relying on an onshore application.

Her names are written differently on her passport and birth certificate. Is that a problem?

It does not have to be a problem, but it must be explained. Portuguese-language naming often uses more than one family name, and documents issued at different times may show a longer or shorter version. The application should list every name the applicant has used, in Form 80 and the visa application, and the evidence should link each version to the same person. Unexplained differences can raise identity or integrity questions.

Can I sponsor partner from Cabo Verde if we are not married?

Yes. A couple can apply as de facto partners. The de facto relationship generally must have existed for at least 12 months before the application, unless an exception applies, such as registration of the relationship in an Australian State or Territory. Time living together in Cabo Verde, Portugal or elsewhere counts. The couple still needs evidence of a shared life, such as joint finances, a shared household and social recognition of the relationship.

I am an Australian citizen living in Portugal. Can I still be the sponsor?

Yes. An Australian citizen can sponsor partner from Cabo Verde while living overseas, because citizen sponsors do not need to live in Australia. The couple should show a credible plan to settle in Australia. A permanent resident sponsor living overseas is in a different position, because they must still be usually resident in Australia, and their travel facility on the permanent visa may also have expired.

Will the Department ask me, as the sponsor, for police certificates?

It can. Under regulation 1.20KC, the Department can ask the sponsor for an Australian Federal Police check and for police certificates from countries where the sponsor has lived for 12 months or more. A sponsor who has lived in Cabo Verde or Portugal for that long may need certificates from those countries. The sponsor must also consent to the Department disclosing any conviction for a relevant offence to the applicant.

How much is the visa application charge to sponsor partner from Cabo Verde?

The Department's visa application charge for the combined Subclass 309 and Subclass 100 application is AUD 11,710, applying from 1 July 2026. The same amount applies to the combined Subclass 820 and Subclass 801 application. Other costs, such as translations, police certificates, health examinations and travel, depend on the couple's circumstances. The charge is paid when the application is lodged and should be checked on the Department's website before lodgement.

What happens if the partner visa for my Cabo Verdean partner is refused?

The refusal can usually be reviewed by the Administrative Review Tribunal. For a Subclass 309 refusal, the visa applicant applies for review in their own name, and for a Subclass 300 refusal the Australian sponsor applies, within 28 days after the applicant is notified of the decision. The Tribunal fee is AUD 3,727, applying from 1 July 2026, and half is refunded if the Tribunal sets aside, varies or remits the decision. New evidence can usually be given to the Tribunal.

Do we need a lawyer to sponsor partner from Cabo Verde?

No law requires a lawyer, but a sponsor partner from Cabo Verde application involves several areas where errors are common: Portuguese civil records, full translations, marriages celebrated in third countries, police certificates from Cabo Verde and Europe, and the sponsor's own eligibility limits. A lawyer can check each of these before lodgement, explain inconsistencies in the documents, and respond if the Department raises concerns. Many couples choose advice before lodging rather than after a refusal.

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

Categories
partner-visas