Sponsoring a Partner From Colombia

To sponsor partner from Colombia, the Australian partner must be an eligible sponsor, the couple must be in a genuine and continuing relationship, and the Colombian partner must apply for the right partner visa from the right place. Anyone planning to sponsor partner from Colombia should start with two questions: where is the Colombian partner right now, and are the couple married or in a de facto relationship?

Those two answers decide almost everything else. They decide whether the Subclass 820 partner visa lodged in Australia or the Subclass 309 partner visa lodged outside Australia is the right pathway. They decide which Colombian documents are needed. They also decide what can go wrong. This guide is written for the Australian sponsor. It explains the sponsor partner from Colombia process step by step, including Colombian civil documents, the Colombian police certificate, the sponsor's own police checks, visitor visas while waiting, and the refusal risks that are specific to couples where one partner is Colombian. The firm's partner visa lawyers act for Australian sponsors and their Colombian partners in this type of matter.

A common pattern in a sponsor partner from Colombia matter is a couple who met in Australia while the Colombian partner was studying or working here. Another common pattern is an Australian who met their partner while travelling or living in Colombia. A third is an Australian sponsor of Colombian heritage whose partner lives in Colombia. Each pattern raises different issues, and this guide deals with each of them. For a broader overview from the applicant's side, see the firm's guide to the Australian partner visa for Colombian citizens.

Can I sponsor partner from Colombia for an Australian partner visa?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Colombia for a partner visa, provided the sponsor meets the sponsorship requirements and the couple are married or in a de facto relationship.

There is no special rule for Colombian citizens. The same partner visa criteria apply to every nationality. What differs is the evidence. A sponsor partner from Colombia application relies on Colombian documents, Spanish-language evidence and, often, a relationship that began while one partner was on a temporary visa. The firm's guide on who can be a partner visa sponsor sets out the general eligibility rules, and the answer on who can sponsor a partner visa gives a short summary.

The sponsor must also pass the sponsorship limitations in the Migration Regulations 1994. These are the rules most likely to stop an Australian who wants to sponsor partner from Colombia:

• Two sponsorships in a lifetime. Regulation 1.20J limits a person to no more than two partner sponsorships in a lifetime, unless compelling circumstances exist.
• The five-year rule. A sponsor cannot sponsor again within five years of a previous partner sponsorship, or within five years of their own grant of a partner visa, unless compelling circumstances exist.
• Children in the application. Regulation 1.20KB applies where a child is included, and child-related offences become relevant.
• Sponsor police checks. Regulations 1.20KC and 1.20KD deal with the sponsor's criminal history, including relevant offences and a significant criminal record.

The firm's page on partner visa sponsorship limitations explains each rule. A sponsor who was granted their own permanent residence through a partner visa less than five years ago should read the guide on the five-year sponsorship rule before doing anything else, because this is a common trap for sponsors of Colombian heritage who themselves migrated as a partner.

The sponsorship is lodged on Form 40SP or through ImmiAccount, depending on the pathway. Sponsorship approval is decided at the time the visa decision is made, not at lodgement. The guide to Form 40SP for partner visas explains the form, and the guide on partner visa sponsorship approval explains when and how approval happens.

Is your Colombian partner in Australia or in Colombia?

The location of the Colombian partner on the day of lodgement decides the pathway. If the partner is in Australia and can make a valid onshore application, the Subclass 820 and Subclass 801 pathway applies. If the partner is outside Australia, the Subclass 309 and Subclass 100 pathway applies.

The two pathways are not interchangeable. A Subclass 820 applicant must be in Australia when the application is lodged. A Subclass 309 applicant must be outside Australia when the application is lodged and, as a general rule, outside Australia when the visa is granted. The comparison of onshore and offshore partner visas explains the difference in detail, and the answer on Subclass 820 versus Subclass 309 gives a short summary.

For couples who intend to marry but are not yet married, the Subclass 300 Prospective Marriage visa is a third option. It is lodged outside Australia. The Colombian partner travels to Australia, the couple marry within the visa period, and the partner then applies onshore for the Subclass 820. The guide comparing the fiancé visa and the partner visa explains when this route makes sense.

The table below summarises the choice for an Australian who wants to sponsor partner from Colombia.

Where the Colombian partner isUsual pathwayKey issue for the sponsorIn Australia on a student visaSubclass 820, then Subclass 801Lodge before the student visa ends; check visa conditionsIn Australia on a visitor visaSubclass 820, then Subclass 801Condition 8503 may block an onshore applicationIn Colombia, married or de factoSubclass 309, then Subclass 100Relationship evidence across distance; visiting while waitingIn Colombia, engagedSubclass 300, then Subclass 820Must have met in person; marriage within the visa period

Both stages of each pathway are part of a single application. The permanent stage is usually assessed about two years after the first application is lodged. The firm's explanation of the two-stage partner visa process covers this.

Sponsor partner from Colombia while your partner studies in Australia

Many couples who sponsor partner from Colombia met in Australia while the Colombian partner held a student visa. In that situation the onshore Subclass 820 is usually available, but timing is critical: the application should be lodged while the student visa is still in effect.

If the Subclass 820 application is lodged while the student visa is valid, the partner will usually receive a Bridging visa A. That bridging visa generally comes into effect when the student visa ends and allows the partner to remain lawfully in Australia while the partner visa is processed. The guide on lodging a partner visa while on a student visa explains the process, and the firm's answer on a lawyer for a partner visa on a student visa explains when advice is useful.

Three timing problems come up repeatedly in a sponsor partner from Colombia matter involving a student:

• The student visa is about to end. A couple who leave lodgement until the last week risk a rushed, incomplete application. The firm offers an urgent partner visa lodgement service for this situation, and the answer on a visa that expires next week explains what can still be done.
• The student visa has already ended. If the Colombian partner is no longer the holder of a substantive visa, the Schedule 3 criteria apply. These can usually only be met where there are compelling reasons. The guide to partner visa Schedule 3 criteria and the guide on Schedule 3 for former student visa holders explain the test.
• A student visa refusal or cancellation. If the partner's student visa was refused or cancelled, section 48 may limit which visas can be applied for onshore. The guide on a partner visa after a student visa refusal explains the position.

Some couples ask whether lodging an onshore partner visa affects the Colombian partner's studies. The partner should continue to comply with the conditions of the student visa while it remains in effect. Work and study rights on the bridging visa depend on the visa that was held when the partner visa was lodged. The guides on partner visa study rights and on partner visa bridging visa work rights explain the detail.

Married or de facto when you sponsor partner from Colombia?

A Colombian partner can apply as a spouse or as a de facto partner. A de facto relationship generally needs to have existed for at least 12 months immediately before the application, unless the relationship has been registered in an Australian state or territory or compelling and compassionate circumstances apply.

Couples who met in Australia while the Colombian partner was studying often have not been together for 12 months when the student visa is due to end. Registering the relationship under state or territory law can remove the 12-month requirement. The firm's guide to the Subclass 820 12-month de facto requirement and the answer on registering a de facto relationship for a partner visa explain how this works. State processes differ, and registration takes time. The answer on how long relationship registration takes in NSW is a useful example.

Colombian law also recognises a de facto union, known as a unión marital de hecho. A Colombian declaration of that kind is evidence of the relationship, but it is not the same as an Australian state relationship registration. Whether a foreign registered relationship can be relied on is a legal question that should be checked against the facts. The answer on an overseas registered relationship explains the general position.

What Colombian documents does a sponsor partner from Colombia application need?

A sponsor partner from Colombia application usually needs the Colombian partner's passport, the cédula de ciudadanía, the Colombian birth registration, any Colombian marriage or divorce records, and a Colombian criminal record certificate, each with an accurate English translation where it is not in English.

For a sponsor partner from Colombia file, the civil registry is the starting point. Colombia records births, marriages and deaths in the civil registry. A birth is recorded in a registro civil de nacimiento, and a marriage is recorded in a registro civil de matrimonio. Copies of these records are what the Department usually expects to see as identity and relationship documents. Where a previous marriage has ended, the civil registry entry for the earlier marriage may carry an annotation recording the divorce. The sponsor should check that the documents provided show the current status of every previous relationship. The firm's guide on a partner visa while still married explains why an unresolved earlier marriage matters, and the guide on partner visa previous relationships covers the disclosure that is required.

The core documents in a typical sponsor partner from Colombia file are:

• Identity. The Colombian passport, the cédula de ciudadanía, and the birth registration.
• Relationship status. The Colombian marriage registration if the couple married in Colombia, or the Australian marriage certificate if they married here.
• Previous relationships. Divorce records or annotations for any earlier marriage, and death certificates where a former spouse has died.
• Children. Birth registrations for any children included in the application, and custody documents where the other parent is not migrating. The guide on partner visa child custody and consent explains the consent rules.
• Character. The Colombian criminal record certificate and police certificates from other countries of residence.
• Sponsor documents. The sponsor's proof of Australian citizenship, permanent residence or eligible New Zealand citizenship. The guide on partner visa sponsor documents lists what the sponsor provides.

Names deserve close attention in every sponsor partner from Colombia file. Colombian naming conventions usually include two surnames, and the order or spelling of names can differ between a passport, a cédula, a birth registration and Australian records. Small differences are common and usually explainable, but they should be identified and explained at lodgement rather than left for the case officer to discover. The answer on different names and dates on documents explains how to deal with this.

Translations and apostilles

Every document that is not in English must be provided with an accurate English translation. For documents translated in Australia, the safest course is a translation by a translator certified by the National Accreditation Authority for Translators and Interpreters (NAATI).

Colombian documents are issued in Spanish. An application to sponsor partner from Colombia can therefore involve a large number of translations: civil registry documents, the criminal record certificate, Form 888 statements from Colombian family members, and key chat messages. The firm's guide to partner visa evidence translation explains the standard, and the answer on translating a marriage certificate for a marriage visa deals with the most common document.

Colombia issues apostilles for public documents through the Ministry of Foreign Affairs (Cancillería), and the Cancillería offers an online apostille process. The Department does not generally require apostilles for partner visa documents, but an apostille can help where a document's authenticity may be questioned. The answer on certified copies for a partner visa explains the Department's general approach to copies.

How does the Colombian partner get a police certificate?

The Colombian partner usually provides a Colombian criminal record certificate, the certificado de antecedentes judiciales, which is generated from the records of the Policía Nacional de Colombia. A partner who lived in any other country for 12 months or more in the last 10 years since turning 16 also needs a police certificate from that country.

The Department's character requirements apply to every partner visa applicant aged 16 or over, so they apply in every sponsor partner from Colombia application. Police certificates are required for each country where the applicant has lived for 12 months or more in total in the last 10 years since turning 16. For a Colombian partner who studied in Australia, this usually means an Australian National Police Check as well as the Colombian certificate. For a partner who also lived in Spain, the United States or elsewhere for 12 months or more, a certificate from each of those countries is also needed. The guide on partner visa overseas police certificates explains the general rule, and the guide on the partner visa AFP police check covers the Australian check.

Colombian nationals outside Colombia can also ask a Colombian consulate for a consular statement of judicial records, known as a constancia de antecedentes judiciales. The Cancillería states that this statement is accepted only where foreign authorities do not require an apostille or legalisation, and that a separate online process exists for the certificate with an apostille. Which form of Colombian certificate the Department will accept in a particular case should be checked before the document is obtained. Where the partner cannot obtain a certificate, the answer on what to do if you cannot get a police certificate explains the options.

Police certificates have a limited life for Department purposes, and timing them is a practical skill in the sponsor partner from Colombia process. A certificate obtained too early can expire before a decision is made, and the Department may ask for a new one. The guide on partner visa expired police checks and the answer on how long police certificates and health checks remain valid explain the timing. The wider partner visa character requirements apply in the same way to a Colombian partner as to any other applicant.

Does the Australian sponsor need a Colombian police check?

Yes, if the Department asks for one. Under regulation 1.20KC the Department can ask the sponsor for an Australian National Police Check and a police check from each country where the sponsor lived for 12 months or more, in total, in the relevant period since turning 16. An Australian who lived in Colombia for that long can be asked for a Colombian check.

This is one of the most overlooked parts of a sponsor partner from Colombia matter, because the sponsor usually assumes that only the Colombian partner's history is checked. Many Australian sponsors met their Colombian partner while living in Colombia for work, study, volunteering or travel. If those periods add up to 12 months or more within the relevant period, the sponsor can be asked for a Colombian check. The 12 months is cumulative, so several shorter stays can add up.

The request under regulation 1.20KC is made to the sponsor, not to the visa applicant. A sponsor who wants to sponsor partner from Colombia should therefore watch their own email closely. It can arrive many months after lodgement. Department policy treats 28 days as a reasonable time for the sponsor to provide the checks or, at a minimum, evidence that they have been requested. If the sponsor does nothing, the Department can refuse to approve the sponsorship, and the visa must then be refused. The firm's guide on what happens when a sponsor police check is not provided explains that risk in detail, and the guide on the partner visa sponsor police check explains the request itself.

A foreign national who lived in Colombia applies for Colombian records through Colombian processes, and those processes may require identity documents that the sponsor no longer holds, such as the identity card Colombia issues to foreign residents (the cédula de extranjería). The sponsor should confirm the current process with Colombian authorities before the request arrives. Where a foreign police check genuinely cannot be obtained, Department policy allows a waiver supported by the sponsor's statutory declaration describing the efforts made. That is the one place where a statutory declaration, rather than a Form 888, is used.

Department policy also says delegates are not required to request police checks from female sponsors where there are no character concerns. This is policy, not law. The guide on the female sponsor police check policy explains it. A sponsor with any criminal history in Australia or in Colombia should read the guides on partner visa sponsor relevant offences and on a sponsor with a significant criminal record before the sponsorship is lodged.

Is a marriage in Colombia recognised in Australia?

Yes, generally. A marriage validly celebrated in Colombia is usually recognised in Australia if it was valid under Colombian law and would not be void under Australian law, for example because one party was already married or under the minimum age.

Couples who sponsor partner from Colombia after marrying in Colombia should provide the Colombian marriage registration, with an English translation. A religious ceremony alone may not be enough if the marriage was not also registered as Colombian law requires. A marriage that has been celebrated but not registered can cause delay. The guides on overseas marriages recognised in Australia and on an overseas marriage that is not recognised explain the tests. The answer on an unregistered marriage for a marriage visa deals with the registration problem directly.

A marriage certificate alone does not prove a genuine relationship, even in a sponsor partner from Colombia case where the wedding was large and well documented. The Department assesses the relationship as a whole. The answer on whether a marriage certificate is enough for a spouse visa explains why, and the guide on the partner visa marriage certificate covers what the certificate does and does not prove.

Couples who prefer to marry in Australia before they sponsor partner from Colombia can do so if the Colombian partner is lawfully here. A Notice of Intended Marriage must be given at least one month before the wedding. The answers on the Notice of Intended Marriage and on how to get married in Australia explain the process.

Can I sponsor partner from Colombia if their children are included?

Yes. Dependent children of the Colombian partner can usually be included in the partner visa application, but a child under 18 who is included brings extra requirements for both the sponsor and the non-migrating parent.

Where a child is included, regulation 1.20KB becomes relevant to the sponsorship. The sponsor's history of child-related offences is examined, and the Department can ask the sponsor for police checks for that purpose. A sponsor partner from Colombia application that includes a child should be prepared with that assessment in mind. The guides on adding children to a partner visa and on partner visa stepchildren explain the general rules.

If the child's other parent remains in Colombia and is not migrating, the consent of that parent, or a court order dealing with custody, is usually needed. Colombian custody arrangements are documented under Colombian law, and documents of that kind must be translated. The answers on a child's other parent consenting to migration and on what happens if the other parent refuses consent explain the options. A sponsor who wants to sponsor partner from Colombia together with the partner's children should allow extra time for these documents, because they often take longer to obtain than the couple's own documents.

What relationship evidence works for Colombian and Australian couples?

The Department assesses the relationship against the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A sponsor partner from Colombia application needs evidence in all four, adapted to the couple's real circumstances.

The firm's guide to the partner visa four pillars explains each aspect. The practical points that come up most often in a sponsor partner from Colombia matter are these:

• Financial aspects. Couples who met while the Colombian partner was a student often have modest joint finances at first. Shared rent, shared bills and money transfers can all be relevant. The answer on money transfers as relationship evidence explains how transfers are treated, and the guide on partner visa financial evidence covers the wider category.
• Nature of the household. Couples who lived with housemates, or with the Colombian partner's family in Colombia, should explain the arrangement honestly. The guide on partner visa informal living arrangements and the answer on living with family deal with this.
• Social aspects. Evidence that friends and family in both countries know about the relationship matters. Form 888 statements from Colombian family members are useful, but they must be translated. The guide on Form 888 for partner visas and the answer on Form 888 statements from overseas friends explain who can give one.
• Nature of commitment. Time apart, visits, plans to live together and the couple's knowledge of each other's lives all matter. The guide on partner visa commitment evidence explains this aspect.

Language is a practical issue in almost every sponsor partner from Colombia matter. Many couples communicate partly in Spanish. Chat messages in Spanish can be strong evidence, but a case officer cannot weigh evidence they cannot read. A selection of messages, translated accurately and presented in date order, is usually more useful than thousands of untranslated screenshots. The answer on translating messages for a partner visa explains how to do this, and the guide on partner visa chat evidence explains what case officers look for. Where the partners have different first languages, the answer on couples who speak different languages explains how to present it.

There is one relationship statement for a sponsor partner from Colombia application, prepared from the couple's own account. It should explain how and where the couple met, how the relationship developed, any periods apart, and the couple's plans. The guide on the partner visa relationship statement explains how it is structured. The statement must be true and in the couple's own words.

Can a Colombian partner visit Australia while a Subclass 309 is processed?

Yes, it is possible. A Colombian partner with a pending Subclass 309 application can apply for a visitor visa to come to Australia, but the visitor visa is a separate application, it is assessed on its own criteria, and it is not guaranteed.

Colombian citizens generally need to apply for a Visitor visa (Subclass 600) to visit Australia, so a visit is never automatic during the sponsor partner from Colombia process. A visitor visa applicant must show a genuine intention to stay temporarily. A pending partner visa does not prevent a visitor visa grant, but the case officer will consider it. The firm's guide on a visitor visa during partner visa processing explains the issues, and the answer on visiting Australia while a Subclass 309 is processing explains the practical rules.

A Subclass 309 applicant who is in Australia when the visa is ready to be granted will usually need to leave Australia for the grant. The answer on being outside Australia when the Subclass 309 is granted explains this. Couples should also be cautious about trying to switch pathways. The answer on changing from a Subclass 309 to a Subclass 820 explains why that is rarely straightforward.

A visitor visa that carries condition 8503 (No Further Stay) can prevent the Colombian partner from lodging an onshore partner visa while in Australia. A sponsor partner from Colombia plan that relies on a visit turning into an onshore application should be checked before travel. The guides on the partner visa No Further Stay condition and on a partner visa while on a tourist visa explain the risk. A visitor visa refusal also has to be disclosed in later applications. The guide on a partner visa after a visitor visa refusal explains the effect.

What does it cost to sponsor partner from Colombia?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710. This charge covers both stages of the partner visa. Other costs, such as police certificates, translations and health examinations, depend on the case.

The application charge is paid when the sponsor partner from Colombia application is lodged. A sponsor who wants to sponsor partner from Colombia should budget for the charge, the cost of Colombian documents and translations, and the health examinations the Department requests. The firm's guide on partner visa cost explains the cost structure, and the answer on who pays the partner visa fee explains that the payer does not affect the application.

What refusal risks apply when you sponsor partner from Colombia?

The main refusal risks are an invalid onshore application, weak or inconsistent relationship evidence, incomplete disclosure of the Colombian partner's visa history, unmet character requirements, and a sponsorship that cannot be approved.

The risks that come up most often in a sponsor partner from Colombia matter are:

• Invalid lodgement. Lodging onshore while condition 8503 applies, or after the student visa has ended without addressing Schedule 3. The guide on an invalid partner visa application explains the consequences.
• Inconsistent information. Different dates or accounts of the relationship in the student visa history, visitor visa applications and the partner visa. The guide on partner visa conflicting statements explains how case officers treat this.
• Undisclosed history. A previous visa refusal, a previous relationship or an earlier sponsorship that is not disclosed. The guide on partner visa PIC 4020 explains the integrity criterion.
• Sponsor problems. A sponsor caught by the five-year rule, or a sponsor who ignores a police check request.

Before a refusal, the Department usually issues a section 56 request for more information or a section 57 letter inviting comment on adverse information. The guides on responding to a section 56 request and on the partner visa section 57 natural justice letter explain how to respond. The answer on a notice of intention to refuse a partner visa explains what the letter means.

If the visa is refused, an application to the Administrative Review Tribunal must be made within 28 days after the decision is notified. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant applies in their own name. The Tribunal application fee for a partner visa review is AUD 3,727. The firm's partner visa refusals page explains review work, and the guides on the partner visa appeal deadline and on who can lodge a partner visa appeal explain the steps. The answer on who applies for review of an offshore refusal explains the Subclass 309 position.

A practical plan to sponsor partner from Colombia

The safest way to sponsor partner from Colombia is to deal with the sponsor, the pathway, the documents and the evidence in that order, before the application is lodged. A short plan prevents most of the problems described above.

• Check the sponsor. Confirm the sponsor's status, any previous partner sponsorship, the date of any partner visa grant to the sponsor, and every country where the sponsor has lived for 12 months or more.
• Fix the pathway. Confirm where the Colombian partner will be on the day of lodgement, the partner's current visa and its conditions, and whether the couple are married or de facto.
• Order Colombian documents early. Request civil registry copies and the criminal record certificate, and arrange translations, allowing time for apostilles where they are useful.
• Plan police certificate timing. Obtain certificates close enough to lodgement that they will not expire too soon, and prepare for a later request to the sponsor.
• Build the evidence across both countries. Gather financial, household, social and commitment evidence from Australia and Colombia, with translations of the key Spanish material.
• Review before lodging. A partner visa application review before lodgement can find inconsistencies early.

Every step in this sponsor partner from Colombia plan is about preventing a later request or refusal. A request from the Department is not a disaster, but a well-prepared file reduces the chance of one. The guide on common partner visa application mistakes lists the errors that cause the most trouble.

How My Migration Lawyers helps you sponsor partner from Colombia

My Migration Lawyers acts for Australian sponsors and their Colombian partners at every stage, from the first assessment of the sponsor to Tribunal review. The firm deals with complex partner visa cases, acts in many matters where Australians sponsor partner from Colombia, and is capable of handling the issues these matters raise.

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

• Assessing the sponsor first, including the five-year rule in regulation 1.20J and any period the sponsor spent living in Colombia that could lead to a Colombian police check request under regulation 1.20KC.
• Advising on the pathway, including whether a Colombian partner on a student or visitor visa can lodge a valid Subclass 820 application, and whether condition 8503 or Schedule 3 is an issue.
• Reviewing the Colombian civil registry documents, the cédula, the criminal record certificate and the translations, and identifying name or date differences before lodgement.
• Organising relationship evidence across two countries and two languages, including translated messages and Form 888 statements from family in Colombia.
• Preparing the application and reviewing the couple's relationship statement, which remains their own account, read and corrected by them.
• Responding to section 56 requests and section 57 letters, including sponsor police check requests.
• Preparing and presenting an Administrative Review Tribunal review if a refusal is made.

The firm works with clients across Australia and overseas, and consultations are by video. The answer on whether a lawyer can help bring a spouse from Colombia explains how the firm assists Colombian couples. Sydney clients can read about the firm's Sydney partner visa lawyers, and clients in Victoria can see the Melbourne partner visa lawyers page. Complex sponsorship and refusal matters are supervised by Weiwei Zhang, Principal Lawyer. The firm's partner visa FAQ centre answers many common questions.

If you want to sponsor partner from Colombia and need advice on the right pathway, the documents or a request from the Department, Book a Consultation with My Migration Lawyers, or call 1300 040 300.