Sponsoring a Partner From Chile

To sponsor partner from Chile, the Australian partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, must be approved as a sponsor, and must show a genuine and continuing relationship with the Chilean partner. A sponsor partner from Chile application is made on the ordinary partner visa pathways. There is no special Chile stream, but there are Chile-specific documents, visa timing issues and evidence problems that decide whether the application succeeds.

This guide is written for the Australian sponsor. It explains who can sponsor partner from Chile, which visa fits the couple, how the Chilean police certificate and civil documents are obtained, how a Chilean marriage or Acuerdo de Unión Civil is treated in Australia, and what usually goes wrong. The firm's partner visa lawyers act for sponsors and applicants across Australia, and the complete guide to partner visas in Australia explains every pathway in detail.

The firm has also published a guide for the applicant's side, the Australian partner visa for Chilean citizens. This article is different. It looks at the process through the eyes of the Australian partner who will sign the sponsorship, carry the sponsor obligations and, in many cases, organise most of the paperwork.

Can an Australian sponsor partner from Chile on a partner visa?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Chile for an Australian partner visa if the couple are married or in a de facto relationship, or intend to marry, and the sponsor meets the sponsorship requirements in the Migration Regulations 1994.

The partner's Chilean nationality does not change the legal criteria for a sponsor partner from Chile case. The same criteria apply to every applicant. What changes is the evidence. A sponsor partner from Chile matter involves Spanish-language documents, Chilean civil registry records, a Chilean police certificate, and often a relationship that began while the Chilean partner was in Australia on a temporary visa. Each of those points needs to be handled correctly.

There are three main pathways:

• The onshore Subclass 820 partner visa, followed by the permanent Subclass 801, for a Chilean partner who is in Australia when the application is made.
• The offshore Subclass 309 partner visa, followed by the permanent Subclass 100, for a Chilean partner who is outside Australia when the application is made.
• The Subclass 300 Prospective Marriage visa, for a couple who are engaged and intend to marry in Australia.

The guide on which partner visa pathway fits compares them in more detail.

Who is eligible to sponsor partner from Chile?

The sponsor must be at least 18, must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must not be blocked by the sponsorship limitations in regulation 1.20J or the character provisions in regulations 1.20KC and 1.20KD.

The sponsor lodges a sponsorship, usually through Form 40SP or the online equivalent linked to the visa application. The firm's guide to Form 40SP explains the form, and the guide on partner visa sponsor eligibility sets out who can and cannot sponsor.

The sponsorship limits in regulation 1.20J

A person can sponsor no more than two partners in a lifetime. A person also cannot sponsor a new partner within five years of a previous partner sponsorship, or within five years of their own grant of a partner visa as the sponsored partner, unless there are compelling circumstances. These limits matter more often than couples expect in a sponsor partner from Chile matter. An Australian who was once sponsored by a former partner, and is now ready to sponsor partner from Chile, must check the dates before lodging. The commercial page on partner visa sponsorship limitations and the answer on whether a person sponsored on a partner visa can sponsor a new partner explain the rules.

Children and other limits

Regulation 1.20KA deals with a sponsor who is subject to a contributory parent limitation. Regulation 1.20KB applies where a child is included in the application and the sponsor has been charged with or convicted of a child-related offence. Most Australian sponsors are not affected by either rule, but both should be checked before lodgement. Where the Chilean partner has children who will migrate, the guide on adding children to a partner visa explains the extra requirements, including consent from the other parent.

The sponsor's status

An Australian citizen proves citizenship with a passport or citizenship certificate. A permanent resident must hold a permanent visa at the time of decision. A New Zealand citizen must be an eligible New Zealand citizen. The guides on an Australian citizen partner visa sponsor, a permanent resident sponsor and an eligible New Zealand citizen sponsor explain the proof required. A sponsor who holds only a temporary visa cannot sponsor partner from Chile. The guide on a sponsor on a temporary visa explains why.

How do couples usually meet before they sponsor partner from Chile?

Couples meet in many ways, but a large share of sponsor partner from Chile matters begin in Australia, while the Chilean partner is here on a Work and Holiday visa, a student visa or a visitor visa. Others begin while the Australian partner is travelling, working or living in Chile, and some begin online.

How the couple met matters because it shapes the evidence and the pathway for the sponsor partner from Chile application. Three patterns are common.

Met in Australia on a working holiday

Chile has a Work and Holiday arrangement with Australia, and young Chileans can come to Australia on the Work and Holiday (Subclass 462) visa. A couple who meet during that stay often move in together quickly, share housing with other travellers, and work in seasonal or regional jobs. The relationship can be completely genuine, but the documents are thin. There may be no lease in both names, no joint bank account and no shared bills. The section on evidence below explains how to deal with this. The guide on a partner visa from a working holiday visa covers the visa side.

Met in Australia while the partner studied

A Chilean partner on a student visa has a clearer paper trail, but the couple must be careful about visa conditions and the timing of the application against the student visa expiry. The guide on applying for a partner visa on a student visa explains the issues.

Met in Chile or online

An Australian who meets a partner while travelling or working in Chile, or through an online platform, usually faces a long-distance period. That relationship is assessed in the same way, but the evidence focuses on communication, visits and future plans. The guides on a partner visa for a long-distance relationship and on couples who met online explain the approach.

Should the Chilean partner apply onshore or offshore?

The answer depends on where the Chilean partner is at the time of application and which visa they hold. A partner in Australia on a visa without condition 8503 can usually apply for the Subclass 820. A partner outside Australia must apply for the Subclass 309 or Subclass 300.

The location rule is strict, and it is the first thing to check before the sponsor partner from Chile application is prepared. An onshore Subclass 820 application must be made while the applicant is in Australia. An offshore Subclass 309 application must be made while the applicant is outside Australia. An application lodged from the wrong place can be invalid. The answers on an offshore application lodged in Australia and on an onshore application lodged from overseas explain the risk.

Situation of the Chilean partnerUsual pathwayKey issue for the sponsorIn Australia on a Work and Holiday or student visaSubclass 820 then Subclass 801Lodge before the current visa expiresIn Australia on a visitor visaSubclass 820 if no condition 8503Check the grant notice for condition 8503In Chile, de facto or marriedSubclass 309 then Subclass 100Visits and evidence across distanceIn Chile, engaged to marry in AustraliaSubclass 300Marry within the visa period

The firm's guide on onshore and offshore partner visas compares the two in more depth, and the two-stage partner visa process explains how the temporary and permanent stages fit together.

Can a Chilean partner on a Work and Holiday visa apply onshore?

Yes, in most cases. A Work and Holiday (Subclass 462) visa does not usually carry condition 8503, so a Chilean partner holding one can generally apply for a Subclass 820 visa in Australia, provided the application is made before the visa expires and the couple meet the relationship requirements at that time.

The timing problem is real. Many couples decide to sponsor partner from Chile in the last weeks of the working holiday. If the couple are not married, they usually need to show a de facto relationship of at least 12 months at the time of application, unless an exception applies. A couple who met eight months before the visa ends may not meet that requirement. The answer on whether living together overseas counts towards the 12 months and the guide on the Subclass 820 de facto 12-month rule explain how time is counted.

If the Chilean partner's visa is about to expire, the couple need advice quickly. The options may include lodging before expiry on the strength of the existing relationship, registering the relationship in an Australian State or Territory, a further temporary visa, or departure and an offshore Subclass 309 application. Each option has different consequences. The firm's urgent partner visa lodgement service exists for this situation, and the guide on lodging a partner visa before the current visa expires explains the deadline.

A Chilean partner who lodges after the current visa has ended faces Schedule 3 criteria. These apply to applicants who are unlawful or who hold a bridging visa other than a Bridging A, B or C visa. Schedule 3 can usually only be waived for compelling reasons. The guide on Schedule 3 criteria for partner visas and the Schedule 3 waiver page explain the test.

Can a de facto couple sponsor partner from Chile without marrying?

Yes. A de facto couple can sponsor partner from Chile for a Subclass 820 or Subclass 309 visa. They must show a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that they live together or do not live apart on a permanent basis.

In most de facto cases, the couple must also have been in the de facto relationship for at least 12 months immediately before the application. That requirement does not apply if the relationship is registered under a prescribed law of an Australian State or Territory, or if there are compelling and compassionate circumstances. The guide on the de facto partner visa in Australia explains the definition.

Registering the relationship in Australia is a practical step for many sponsor partner from Chile couples who met in Australia. Each State and Territory has its own registration scheme and its own residence and waiting rules. The answer on registering a relationship when one partner lives overseas explains the limits. Registration removes the 12-month requirement for the sponsor partner from Chile application. It does not remove the need to prove the relationship is genuine.

Is a Chilean marriage or Acuerdo de Unión Civil recognised in Australia?

A marriage validly celebrated in Chile is generally recognised in Australia as a marriage, provided it would also be recognised as valid under Australian law. A Chilean Acuerdo de Unión Civil is not a marriage, and it is not a relationship registered under an Australian State or Territory law.

A Chilean civil marriage

A civil marriage in Chile is registered with the Servicio de Registro Civil e Identificación. The couple should obtain a marriage certificate from the Registro Civil and provide it with an English translation. The guides on whether an overseas marriage is recognised in Australia and on which partner visa marriage certificates are accepted explain the tests.

A marriage certificate on its own does not prove a genuine relationship, and it does not complete the sponsor partner from Chile file. 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.

Same-sex marriage

Chile's Ley N.º 21.400 gave same-sex couples access to civil marriage, and allows same-sex marriages celebrated abroad to be registered as marriages. Australia also recognises same-sex marriage. A same-sex couple can therefore sponsor partner from Chile as a married couple if they married validly. The firm's LGBTI partner visa page and the answer on same-sex marriage for a spouse visa explain the position.

The Acuerdo de Unión Civil

A Chilean civil union is a formal legal status in Chile. It is useful evidence of commitment. But for Australian partner visa purposes it is not a marriage, and it is not a registration under a prescribed Australian State or Territory law. A couple who hold an Acuerdo de Unión Civil will usually apply as de facto partners and must satisfy the de facto definition on the evidence, including the 12-month requirement unless an exception applies. The answer on whether an overseas registered relationship counts for a partner visa explains this.

What Chilean documents does a sponsor partner from Chile application need?

A sponsor partner from Chile application usually needs the Chilean partner's passport, birth certificate, any marriage or civil union certificate, any divorce documents, the Chilean police certificate, and English translations of every Spanish-language document.

The Servicio de Registro Civil e Identificación is the Chilean civil registry. It holds birth, marriage and civil union records. Common documents include:

• Passport. The Chilean partner's current passport, with all bio data pages.
• Birth certificate. A Chilean birth certificate from the Registro Civil, with an English translation.
• Marriage or civil union certificate. Where the couple married or entered an Acuerdo de Unión Civil, the certificate from the Registro Civil, with an English translation.
• Divorce or annulment. Where the Chilean partner was previously married, proof that the earlier marriage has ended. A person who is still legally married to someone else can still be in a de facto relationship, but cannot validly marry again. The guide on a partner visa while still married explains this.
• Identity documents. A Chilean Cédula de Identidad can support identity, particularly where names appear in different forms.
• Police certificates. Explained in the next section.

Spanish naming conventions often cause small problems. Chileans commonly use two surnames, and documents may show one, both, or a different order. The application should explain any variation, and the forms should list every name the partner has used. The guide on a partner visa document checklist gives a full list, and the answer on what to do if a birth or marriage certificate cannot be obtained explains the alternatives.

English translations

Every document in Spanish must be given with an accurate English translation. The guide on partner visa evidence translation explains what the Department expects, and the answer on translating a marriage certificate covers civil documents. A poor translation of a civil document can create an inconsistency in names or dates that leads to further requests.

How does a Chilean partner get the Certificado de Antecedentes?

The Chilean police certificate is the Certificado de Antecedentes, issued by the Servicio de Registro Civil e Identificación. A Chilean partner living outside Chile can apply through the Chilean consulate that covers their place of residence, and the consulate legalises the certificate.

The applicant must provide police certificates for each country where they have lived for 12 months or more in the last 10 years since turning 16. A Chilean partner who has lived in Chile for that period will need the Chilean certificate. A Chilean partner who has also spent 12 months or more in Australia will need an Australian Federal Police check, and any other country of residence must be covered too. The guide on partner visa overseas police certificates explains the rule, and the guide on the partner visa AFP police check explains the Australian check.

Official Chilean consular guidance says the consular process requires a valid Cédula de Identidad, and that a third party can apply only with a special notarial power of attorney. The same guidance notes that the certificate has a limited validity in some countries. For an Australian partner visa, the practical point is timing. The certificate should be obtained close to lodgement or close to a Department request, so that it does not expire before the decision. The guide on partner visa expired police checks and the answer on how long police certificates are valid explain when to update.

A Chilean partner whose Cédula has expired, or who is far from a consulate, may struggle to obtain the certificate quickly. If a certificate genuinely cannot be obtained, the Department should be told what has been done. The answer on what to do if a police certificate cannot be obtained explains the approach.

Does the Australian sponsor need a Chilean police check?

Only if the sponsor has lived in Chile for 12 months or more, in total, in the relevant period. The Department can ask the sponsor for an Australian police check and a police check from each country where the sponsor has lived for 12 months or more since turning 16.

This is a real issue for some sponsors who decide to sponsor partner from Chile after living there. An Australian who lived and worked in Santiago for two years, and met the partner there, may be asked for a Chilean police check under regulation 1.20KC(5). The 12 months is cumulative, so several shorter stays can add up. The guide on the partner visa sponsor police check explains which checks the sponsor provides.

A foreign sponsor who is not a Chilean national may find that the consular process described above, which is aimed at Chilean nationals, does not fit their situation. The sponsor should start early and keep evidence of every step. Department policy treats 28 days as a reasonable time to respond to a sponsor police check request, or at least to show the check has been requested. A sponsor who ignores the request risks refusal of the sponsorship, and with it the visa. The guide on a partner visa sponsor police check not provided explains what happens then.

What relationship evidence works when the couple met on a working holiday?

The relationship is assessed on the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. Couples who met on a working holiday can satisfy each aspect, but they usually need to build the evidence deliberately.

In a sponsor partner from Chile case, working holiday relationships often involve shared houses, short-term rentals, farm accommodation and frequent moves. Those arrangements are not fatal. The evidence must show that the couple lived together as a couple, not as housemates. The guides on the four aspects of a partner visa relationship and on informal living arrangements explain the approach.

Financial aspects

Joint accounts are helpful but not required. Transfers between the partners, shared payment of rent, travel bookings paid by one for both, and a shared plan for money all count. The guide on a partner visa without a joint bank account explains alternatives.

Nature of the household

Where the couple shared accommodation without a lease in both names, evidence can include messages with the landlord or host, letters addressed to both at the same place, photos of the shared room, and a statement from a housemate on Form 888. The guide on a partner visa without a joint lease covers this.

Social aspects

Photos together at events, travel across Australia, introductions to each other's family by video call, and visits by family from Chile can all show the relationship is known socially. Supporting statements from Australian and Chilean friends and family use Form 888. Statements from people in Chile are allowed. The answer on whether overseas friends can write statements and the guide to Form 888 for partner visas explain how.

Nature of the commitment

Future plans, travel to Chile together to meet family, joint decisions about where to live, and the length of the relationship all count. There is one relationship statement, and it is the couple's own account. The guide on the partner visa relationship statement explains how it is prepared.

Do Spanish messages and social media posts need translating?

Yes. Any message, post or document in Spanish that the couple rely on should be given with an English translation, or at least a translated selection that the Department can read.

Many couples who sponsor partner from Chile communicate in a mixture of English and Spanish. Messages between them are often good evidence of the relationship, especially during periods apart. The couple should choose representative samples across the whole relationship rather than uploading thousands of screenshots. The answer on whether messages in another language must be translated and the guide on partner visa chat evidence explain the approach.

What visa should a Chilean partner hold while the application is processed?

An onshore Subclass 820 applicant who holds a substantive visa when applying usually receives a bridging visa that keeps them lawful while the application is processed. An offshore Subclass 309 applicant usually waits outside Australia, but may apply for a visitor visa to visit.

Onshore: the bridging visa

A valid Subclass 820 application made while the applicant holds a substantive visa usually results in a Bridging A visa. It comes into effect when the current visa ends. The guide on the partner visa bridging visa explains how it works, and the guide on travel while the partner visa is processed explains when a Bridging B visa is needed to travel.

Offshore: visiting Australia on a visitor visa

Chilean passport holders are not eligible for the Electronic Travel Authority or the eVisitor, so a Chilean partner who wants to visit Australia while a Subclass 309 application is processed usually needs a Visitor visa (Subclass 600). A visitor visa can be refused if the Department is not satisfied the person intends a genuine visit. A pending partner visa application is relevant to that assessment, and the application should be candid about it. The guide on visiting Australia during partner visa processing and the answer on whether to mention a partner on a visitor visa application explain the risks.

Condition 8503 on a visitor visa

A visitor visa can be granted with condition 8503 (No Further Stay). If it is, the Chilean partner generally cannot apply for a Subclass 820 visa in Australia while holding that visa unless the condition is waived. Couples who plan to switch to the onshore pathway during a visit must check the grant notice first. The guide on condition 8503 for partner visas and the answer on a partner visa with condition 8503 explain the options.

What does it cost to sponsor partner from Chile?

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 partner visa. Other costs, such as Chilean documents, translations, police certificates and health examinations, vary from case to case.

The visa application charge for a sponsor partner from Chile application is paid when the application is lodged. It is usually paid by the couple jointly, and it does not matter which partner pays. The answer on who pays the partner visa fee explains this, and the guide on partner visa cost explains the wider budget.

There is no minimum income requirement for the sponsor of a partner visa. The answer on whether a sponsor needs a minimum income explains the position.

Why are sponsor partner from Chile applications refused?

Most sponsor partner from Chile refusals come from four sources: the relationship evidence does not satisfy the Department, the application was lodged on the wrong pathway or at the wrong time, a sponsor or applicant requirement was not met, or a request from the Department was not answered properly.

The common problems in a sponsor partner from Chile matter include:

• Too little evidence of living together. Working holiday couples often rely on one or two photos and a statement. That is rarely enough. The guide on a partner visa refused for insufficient evidence explains the pattern.
• A short relationship. A de facto relationship of less than 12 months at lodgement, without registration or compelling circumstances, can fail the de facto criteria. The guide on a partner visa for a short relationship explains the issues.
• Lodgement after the visa expired. Schedule 3 then applies, and a waiver is needed.
• Inconsistent dates or names. Spanish surnames, translated dates and different addresses create inconsistencies. The guide on conflicting partner visa statements explains how to avoid them.
• A missed request. The Department may send a section 56 request or a section 57 letter, and the sponsor may receive a separate request for police checks. The guides on responding to a section 56 request and on the section 57 natural justice letter explain the process.

The guide on why partner visas get refused sets out the wider pattern, and the guide on partner visa application mistakes lists the errors that can be prevented.

What happens if a sponsor partner from Chile application is refused?

A partner visa refusal can usually be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the decision is notified. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727.

For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant can apply for review in their own name. This follows the 2023 amendments that inserted regulations 4.02(4)(saa) and 4.02(5)(raa), read with section 338(9) of the Migration Act 1958. The answer on who must apply for review of an offshore refusal explains this.

In a sponsor partner from Chile review, the Tribunal reconsiders the case on the evidence before it at the time of its own decision. New evidence can be provided. The guides on the partner visa appeal deadline, on the ART review process and on partner visa ART evidence explain the steps. The firm's partner visa refusals page explains its review work, and the urgent ART visa refusal application page exists for refusals with a deadline close at hand.

An onshore applicant on a bridging visa should act quickly, because the bridging visa generally ends after the review period if no review application is made. The guide on a bridging visa after a partner visa refusal explains the timing.

What are the sponsor's obligations after grant?

The sponsor undertakes to provide financial assistance and accommodation to the Chilean partner, if needed, for the first two years after the partner arrives in Australia or, for an onshore applicant, after the temporary visa is granted.

The sponsor also remains part of the sponsor partner from Chile application until the permanent stage. The second stage is assessed about two years after the application was lodged. At that point the Department checks that the relationship is still genuine and continuing. The guides on the partner visa sponsor undertaking, on partner visa sponsor obligations and on the sponsor at the second stage explain each step. The guide on partner visa second stage documents lists what is usually provided then.

A sponsor partner from Chile checklist for the Australian partner

A sponsor who follows a clear sequence avoids most of the problems described above. The steps below reflect the order in which a sponsor partner from Chile matter is usually prepared.

• Confirm the sponsor's own eligibility. Check citizenship or permanent residence, past sponsorships under regulation 1.20J, and any criminal history that could engage regulation 1.20KC. The guide on a sponsor risk assessment before lodgement explains what to look for.
• Fix the pathway. Decide on the Subclass 820, Subclass 309 or Subclass 300 by reference to where the Chilean partner is and which visa they hold. In a sponsor partner from Chile case that starts on a working holiday, write down the visa expiry date first.
• Check the relationship dates. Work out whether the couple are married, registered, or de facto for 12 months or more at the intended lodgement date.
• Order the Chilean documents early. Birth, marriage or civil union records from the Registro Civil, and the Certificado de Antecedentes, take time to obtain, especially from outside Chile.
• Arrange translations. Every Spanish document relied on in the sponsor partner from Chile application needs an accurate English translation, with names spelt consistently.
• Gather the sponsor's documents. Proof of status, identity, and police checks where requested. The guide on partner visa sponsor documents lists them.
• Build the four aspects of evidence. Collect financial, household, social and commitment evidence across the whole relationship, not only recent months.
• Prepare the statements. The couple's own relationship statement and Form 888 statements from supporters.
• Appoint a representative for the sponsor too. If a lawyer acts, the sponsor should also sign Form 956 so that sponsor requests are not missed. The guide on Form 956 and Form 956A explains why.
• Watch the inbox after lodgement. A sponsor partner from Chile application can attract requests to the applicant and separate requests to the sponsor. Both must be answered on time.

A pre-lodgement partner visa application review can confirm that each of these steps has been completed before the charge is paid.

How My Migration Lawyers helps you sponsor partner from Chile

My Migration Lawyers acts for Australian sponsors and their Chilean partners at every stage, from the first assessment to Tribunal review. The firm deals with complex partner visa cases, acts in many matters of this type, and is capable of handling a sponsor partner from Chile matter where the timing is tight, the evidence is thin or the case has already gone wrong.

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

• Assessing whether the sponsor can sponsor at all, including the regulation 1.20J limits and the sponsor police checks under regulation 1.20KC, and whether the sponsor needs a Chilean check because of time lived in Chile.
• Choosing the right pathway against the Chilean partner's current visa, whether Work and Holiday, student or visitor, and the date it expires.
• Advising whether a Chilean marriage, a same-sex marriage or an Acuerdo de Unión Civil helps the case, and whether registration in an Australian State or Territory should come first.
• Identifying the Chilean civil documents and the Certificado de Antecedentes needed, and advising on English translations and inconsistent names.
• Organising relationship evidence for couples who met on a working holiday or lived across Australia and Chile, including Form 888 statements and the couple's own relationship statement, which the couple review and correct.
• Preparing and lodging the application, and responding to section 56 requests and section 57 letters.
• Applying for review in the Administrative Review Tribunal and presenting the case if a refusal is made.

The firm works with clients in every State and Territory by video, including through its Sydney partner visa lawyers, Melbourne partner visa lawyers, Brisbane partner visa lawyers and Perth partner visa lawyers. Sponsorship matters are supervised by Weiwei Zhang, Principal Lawyer. The firm's partner visa questions page answers many common questions, and the answer on whether a lawyer can help an Australian citizen sponsor a partner explains how representation works for the sponsor.

If you are ready to sponsor partner from Chile, or your partner's visa is about to expire, Book a Consultation with My Migration Lawyers, or call 1300 040 300.