Sponsoring a Partner From Mexico

To sponsor partner from Mexico, the Australian partner must be an eligible sponsor and the couple must prove a genuine and continuing relationship. When you sponsor partner from Mexico, the Mexican partner applies for a partner visa and the Australian partner applies to be approved as the sponsor.

This guide is written for the Australian sponsor. It is organised around the question that decides most Mexican partner cases: where is the Mexican partner now, and what visa do they hold? From there, it explains sponsor eligibility, the acta de matrimonio, de facto relationships, Mexican federal and state police certificates, the sponsor's own Mexican police check, relationship evidence, visiting while a Subclass 309 waits, and review if the application is refused. The firm's partner visa lawyers act for sponsors and their Mexican partners at every stage.

Many couples who sponsor partner from Mexico met in Australia, while the Mexican partner was studying, visiting or working. Others met in Mexico while the Australian partner was travelling or working there, or met online and built the relationship across the Pacific. A sponsor partner from Mexico application is strongest when it tells that history clearly and backs it with evidence from both countries. The onshore page on Subclass 820 partner visas and the offshore page on Subclass 309 partner visas explain the two main pathways.

What does it take to sponsor partner from Mexico?

It takes three things: an eligible Australian sponsor, a genuine and continuing relationship that meets the spouse or de facto definition, and a valid visa application made in the right place at the right time.

The legal criteria are the same for every nationality. To sponsor partner from Mexico, the sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, aged 18 or over, and not barred by the sponsorship limitations. The Mexican partner must meet the relationship, health and character criteria, and the application must be valid when lodged.

What makes a sponsor partner from Mexico case different is the practical detail. Mexican civil documents are issued by each State Civil Registry rather than by one national office. Mexican criminal record certificates exist at federal and state level. Many Mexican partners are in Australia on temporary visas when the couple decide to apply, which brings condition 8503 and visa expiry into play. The guide to what the Australian partner must do as a partner visa sponsor explains the sponsor's role in general, and the guide on partner visa sponsor requirements sets out each requirement.

Is your Mexican partner in Australia or in Mexico?

This is the first question, because the answer decides the visa. If the Mexican partner is in Australia, the usual pathway is Subclass 820 then Subclass 801. If the partner is outside Australia, the usual pathway is Subclass 309 then Subclass 100.

An onshore Subclass 820 application must be made while the partner is in Australia, and the partner must be in Australia when it is granted. An offshore Subclass 309 application must be made while the partner is outside Australia, and the partner must be outside Australia when it is granted. Both pathways have two stages, and the permanent stage is assessed about two years after lodgement. The guide on the two-stage partner visa process explains this, and the comparison of onshore and offshore partner visas sets out the advantages of each.

For a couple who sponsor partner from Mexico while the partner is in Australia, the onshore pathway usually gives a bridging visa and allows the couple to stay together. The answers on help with a Subclass 820 and 801 partner visa and on help with an offshore Subclass 309 and 100 partner visa explain how each pathway is managed.

An engaged couple can also consider the Subclass 300 Prospective Marriage visa, which lets the Mexican partner travel to Australia to marry. That pathway is applied for from outside Australia.

Can I sponsor partner from Mexico if they are on a visitor visa?

Yes, often. A Mexican partner in Australia on a Visitor visa (Subclass 600) can usually lodge a Subclass 820 application, but only if the visitor visa does not carry condition 8503 (No Further Stay) and the application is lodged before the visa expires.

Mexican citizens usually travel to Australia on a Visitor visa (Subclass 600). The Department may impose condition 8503 on that visa. If it does, the partner cannot make a valid onshore partner visa application unless the condition is first waived, and waiver is only available in limited circumstances. The answer on condition 8503 and partner visas explains the condition, and the guide on a partner visa 8503 waiver explains the waiver process.

If no 8503 condition applies, a sponsor partner from Mexico application can be lodged onshore. But the Department may compare the application with what the partner said when applying for the visitor visa. A partner who declared a purpose of tourism, while already planning to apply for a partner visa, may face questions. The answer on whether to mention your partner on a visitor visa application explains why honesty in the visitor application matters. The guides on moving from a tourist visa to a partner visa and on a lawyer for a partner visa on a visitor visa explain the practical steps.

A partner who lodges a valid Subclass 820 application while on a visitor visa will usually receive a Bridging visa A. The bridging visa conditions can differ from the visitor visa conditions. The guide on partner visa bridging visa work rights explains what the partner can do while waiting.

Can I sponsor partner from Mexico if they are on a student visa?

Yes. A Mexican partner on a student visa can usually lodge a Subclass 820 application in Australia, provided the visa is still in effect and does not carry a No Further Stay condition.

Many Mexican partners first came to Australia to study English or a vocational or university course. A couple who sponsor partner from Mexico in that situation should plan the lodgement date against the student visa expiry date and the end of the course. If the course ends early or the visa is cancelled, the time available to lodge can shrink quickly. The answer on a partner visa on a student visa explains the process, and the guide on lodging a partner visa before your visa expires explains why timing matters.

A de facto couple must usually show 12 months of de facto relationship immediately before lodgement, unless an exception applies. Students who began living together only a few months before the visa ends may not meet this. The answer on applying before 12 months of de facto relationship explains the options, including registration of the relationship in an Australian State or Territory that allows it.

When the visa is about to end, the firm's urgent partner visa lodgement service is designed for that situation. The answer on a visa that expires next week explains what can be done in a short time.

What if the Mexican partner's visa has already expired?

The partner can still apply for a Subclass 820 in many cases, but the Schedule 3 criteria will apply. Schedule 3 requires the application to be made within 28 days of the partner becoming unlawful, or compelling reasons to waive the criteria.

A sponsor partner from Mexico case where the partner is unlawful, or holds a bridging visa other than a Bridging visa A, B or C, needs careful preparation. The Department can waive the Schedule 3 criteria where there are compelling reasons, and the relationship with an Australian sponsor is relevant to that assessment. The firm's page on Schedule 3 waivers explains this work. The guides on partner visa Schedule 3 criteria and on Schedule 3 after a visa has expired explain the tests.

An unlawful non-citizen can be detained and removed. A couple in this position should not wait. Getting advice before the partner is located by the Department, and lodging a valid application with a strong Schedule 3 submission, is the safer course. The answer on Schedule 3 and partner visas gives a short summary.

Sponsor checks before you sponsor partner from Mexico

Before you sponsor partner from Mexico, check that you are eligible as a sponsor: your status, your previous sponsorships under regulation 1.20J, your criminal history under regulations 1.20KC and 1.20KD, and any child-related issues under regulation 1.20KB.

The key sponsor rules are:

• Who can sponsor. An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over. The guides on an Australian citizen as a partner visa sponsor and on a permanent resident as a partner visa sponsor explain the status evidence.
• Two sponsorships limit. Regulation 1.20J limits a sponsor to two partner sponsorships in a lifetime, and generally prevents sponsorship within five years of a previous partner sponsorship or of the sponsor's own grant as a partner, unless there are compelling circumstances. The answer on sponsoring more than one partner explains this.
• Sponsor character. Regulations 1.20KC and 1.20KD apply to Subclass 300, 309 and 820 applications made from 18 November 2016. The Department can request sponsor police checks and must refuse the sponsorship in some cases involving relevant offences and a significant criminal record. The guide on a partner visa sponsor with a criminal record explains the risk.
• Children. Regulation 1.20KB applies where a child is included in the application and the sponsor has a conviction for a child-related offence.

The sponsorship is lodged on Form 40SP and the sponsor gives an undertaking. A sponsor partner from Mexico application with a sponsor problem should be identified before lodgement, not after. The guides on Form 40SP and on the partner visa sponsor undertaking explain the forms. The firm's page on partner visa sponsorship limitations explains how sponsor problems are handled. Sponsorship approval is assessed at the time of decision, so the sponsor must stay eligible and responsive throughout.

Mexican marriage certificates: the acta de matrimonio

A Mexican marriage is proved by a certified copy of the acta de matrimonio issued by the Civil Registry of the Mexican State where the marriage was registered. A valid Mexican civil marriage is generally recognised in Australia.

In Mexico, civil registration is managed by each State. The acta de matrimonio is the official record of the civil marriage. A certified copy can usually be obtained from the relevant State Civil Registry and, in many cases, through official online services or Mexican consulates. Official Mexican consular information confirms that certified copies of acts registered in Mexico can be requested through the consular network.

The distinction between a civil marriage and a religious ceremony matters in a sponsor partner from Mexico case. A couple who had only a church ceremony, without a civil marriage registered with the State Civil Registry, may not have a marriage that is legally valid. If so, the couple may need to apply as de facto partners. The answers on religious or cultural marriages and partner visas and on what makes a marriage valid for a spouse visa explain the test. The guide on an overseas marriage that is not recognised explains what happens when recognition fails.

An Australian who marries in Mexico should allow time for the Mexican civil requirements, which differ between States. Couples who sponsor partner from Mexico sometimes find it easier to marry in Australia. The answer on how to get married in Australia explains the Notice of Intended Marriage and the one-month notice period.

A marriage certificate proves the marriage, not the relationship. The guide on overseas marriages recognised in Australia explains recognition, and the answer on whether a marriage certificate is enough explains why relationship evidence is still required.

Can a couple in unión libre sponsor partner from Mexico as de facto partners?

Yes. A couple living together in a committed relationship without marrying can apply as de facto partners, whatever the relationship is called in Mexico. The Australian test is the definition in the Migration Act 1958, not the Mexican label.

Many Mexican couples live together in unión libre before or instead of marrying. Some Mexican States give legal effect to concubinato. For Australian purposes, the question is whether the couple have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately on a permanent basis. The answer on the legal definition of a de facto relationship and the answer on de facto visa requirements explain the test.

A Mexican document recognising a concubinato can help as evidence in a sponsor partner from Mexico case. It does not replace the Australian requirements, including the 12-month de facto requirement where it applies. The guide on de facto partner visas in Australia explains the pathway.

Couples who live with family in Mexico, rather than in a separate home, can still meet the de facto definition. The answer on living with family and partner visas explains how the household is assessed when parents or relatives share the home.

Same-sex couples can sponsor partner from Mexico as spouses or de facto partners. The firm's page on LGBTI partner visas explains how these matters are handled, and the answer on a same-sex partner visa lawyer explains the assessment.

Which Mexican police certificate does the partner need?

The partner needs a police certificate from Mexico if they lived there for 12 months or more in the last 10 years since turning 16. Mexico issues a federal criminal record certificate and separate state certificates, and the Department's country page should be checked to confirm which certificate it currently requires.

Official Mexican Government information describes the Constancia de Antecedentes Penales Federal, issued under the authority of the Federal Government's prevention and social readaptation body, and available online and, when the service operates, through Mexican consulates. Separate state criminal record certificates are issued by authorities in each Mexican State, such as the State prosecutor's office. Official consular information confirms that state certificates are issued only in Mexico, so a partner living in Australia may need a representative in Mexico to complete the process.

For a sponsor partner from Mexico application, the practical plan is:

• Identify each Mexican State where the partner lived.
• Confirm against the Department's character requirements which certificate is required.
• Apply early enough to receive it before lodgement or soon after, but not so early that it expires before the decision.
• Have the certificate translated into English.

The guide on partner visa overseas police certificates explains the general rules, and the answer on police checks for a partner visa gives a short summary. A Mexican partner who has spent 12 months or more in Australia also needs an Australian National Police Check, explained in the guide on the partner visa AFP police check.

Delays in Mexican certificates are a common reason a sponsor partner from Mexico application stalls. If a certificate cannot be obtained despite genuine efforts, the answer on what to do if you cannot get a police certificate explains the options. Any convictions should be disclosed honestly. The guide on partner visa overseas convictions explains how they are assessed.

What if the sponsor lived in Mexico?

If the Australian sponsor lived in Mexico for 12 months or more, in total, in the relevant period since turning 16, the Department can ask the sponsor for a Mexican police check under regulation 1.20KC as well as an Australian National Police Check.

This is a real risk for a sponsor partner from Mexico case where the Australian partner lived in Mexico. Some Mexican certificate services are described in official consular information as available to Mexican nationals, which means a foreign sponsor may need a different process or a state certificate. The request is made to the sponsor, not the applicant. Department policy treats 28 days as a reasonable time to provide the checks or evidence that they have been requested.

A sponsor who cannot obtain a Mexican certificate should not stay silent, because silence is what puts a sponsor partner from Mexico application at risk. Department policy allows a sponsor to ask for a foreign police check to be waived by giving a standard Commonwealth statutory declaration, which explains the efforts made and states any convictions. The guides on partner visa sponsor police check requirements and on what happens when the sponsor police check is not provided explain the process.

How should Mexican documents be translated?

Every Mexican document in Spanish, or in an Indigenous language, must be provided with an English translation. Translations made in Australia should be done by a translator accredited by NAATI.

The documents in a sponsor partner from Mexico application that usually need translation include the acta de matrimonio, the acta de nacimiento, any concubinato document, the police certificate, and key messages or letters in Spanish. The guide on partner visa evidence translation explains the rules, and the answer on translating messages for a partner visa explains how to deal with long chat histories.

Names are a frequent source of requests in a sponsor partner from Mexico case. Mexican names usually include two surnames, and the CURP (the Mexican personal identity code) appears on many documents. The passport name should be used consistently, and any other names listed in the application. The answer on different names and dates across documents explains how to deal with variations.

What evidence works when you sponsor partner from Mexico?

Evidence works when it covers the four aspects in regulation 1.15A, the financial aspects, the nature of the household, the social aspects and the nature of the commitment, and shows the relationship as it really developed in Mexico and Australia.

The guide on the genuine and continuing relationship explains the test. In a sponsor partner from Mexico case, useful evidence often includes:

• Financial. Joint accounts, shared rent, money sent between Mexico and Australia, and shared travel bookings. The answer on money transfers as relationship evidence and the guide on the financial aspects of a partner visa explain what helps.
• Household. A shared lease in Australia, a shared home in Mexico, or a home shared with family, with evidence of how household tasks are divided. The guide on the nature of the household explains this aspect.
• Social. Evidence that both families know about and accept the relationship, invitations to family events, joint travel, and Form 888 statements from people who know the couple. The answer on whether families know about the relationship and the guide on the social aspects explain this.
• Commitment. The length of the relationship, future plans, knowledge of each other's lives, and contact during any periods apart. The guide on the nature of commitment explains this aspect.

There is one relationship statement for the couple, in their own words and checked by them for accuracy. Friends and family in Australia give Form 888 statements, and statements can also be given by people in Mexico. The guides on writing a relationship statement and on Form 888 witness statements explain both.

Differences in background, language or religion are not a weakness if they are explained. The guide on partner visa cultural differences explains how to address them in a sponsor partner from Mexico application. Photos and messages help, but they should be selected and organised. The guides on partner visa photo evidence and on chat evidence explain how much to include.

Couples who met online should explain how the relationship moved from online contact to meeting in person and living together. The guide on a partner visa where the couple met online explains what the Department looks for.

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

Yes, a Mexican partner can apply for a Visitor visa (Subclass 600) while a Subclass 309 is processed, but the visitor visa is assessed on its own criteria and the partner must be outside Australia when the Subclass 309 is granted.

A visitor visa for the partner of an Australian can be refused if the Department is not satisfied that the partner genuinely intends to visit temporarily. A couple who sponsor partner from Mexico through the offshore pathway should prepare the visitor application carefully and honestly, with evidence of the pending Subclass 309, ties to Mexico and a planned return date. The answer on a spouse visitor visa to Australia and the guide on visitor visas during partner visa processing explain the approach.

If a visitor visa is refused, the partner visa is not refused as a result. The guide on a partner visa after a visitor visa refusal explains the position. The answer on visiting Australia while a Subclass 309 is processed explains what happens if the decision is ready while the partner is in Australia.

How should you respond to a section 56 or section 57 letter in a sponsor partner from Mexico case?

Respond fully, on time and with evidence. A section 56 request asks for more information. A section 57 letter puts adverse information to the applicant before a decision. Both are opportunities to fix problems before refusal.

In a sponsor partner from Mexico case, these letters often concern an incomplete police certificate, a missing or unclear acta de matrimonio, inconsistencies between the visitor visa application and the partner visa application, or gaps in relationship evidence. The answers on a section 56 request for a partner visa and on how to respond to a section 57 letter explain the process. The guide on the partner visa section 57 natural justice letter explains what the letter means.

The Department may also interview the couple. The guide on partner visa interview questions and the guide on the partner visa sponsor interview explain how to prepare.

Can a refused sponsor partner from Mexico application be reviewed?

Yes. A refusal of a Subclass 820 or Subclass 309 can usually be reviewed by the Administrative Review Tribunal, but the review application must be made within 28 days after the decision is notified.

For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant applies in their own name. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727. The Tribunal considers the matter afresh and can consider new evidence. The answer on the review deadline for a partner visa refusal and the guide on the partner visa ART review process explain the process.

An onshore applicant should also understand what happens to the bridging visa after refusal. The guide on bridging visas after a partner visa refusal explains this. The firm's partner visa refusals page explains how the firm approaches review work.

What mistakes cause problems when you sponsor partner from Mexico?

The mistakes that most often cause problems are lodging onshore when condition 8503 applies, letting a visitor or student visa expire before lodgement, relying on a church ceremony that was never civilly registered, and providing the wrong Mexican police certificate.

Other mistakes seen in sponsor partner from Mexico matters include:

• An inconsistent visitor visa history. Telling the Department in a visitor visa application that there was no partner in Australia, and then lodging a partner visa that describes a long relationship. The guide on partner visa false information refusals explains why inconsistencies are dangerous, and the guide on PIC 4020 explains the integrity criterion.
• Lodging a de facto application too early. Applying before 12 months of de facto relationship without an exception. The guide on the 12-month de facto rule for Subclass 820 explains the rule.
• Untranslated or partial documents. Uploading an acta de matrimonio or certificate in Spanish without an English translation.
• A sponsor who ignores requests. Not answering a sponsor police check request within a reasonable time.
• Weak social evidence. Providing statements only from friends in Australia and none from people in Mexico who know the couple.

The guide on common partner visa application mistakes explains each risk. A partner visa application review before lodgement can find these problems while they can still be fixed.

What happens after the visa is granted?

After the temporary visa is granted, the sponsor's undertaking continues, the couple keep building evidence for the permanent stage, and a Subclass 309 holder must make the first entry to Australia by the date stated in the grant.

When couples sponsor partner from Mexico, the grant of the Subclass 820 or Subclass 309 is not the end of the process. The permanent Subclass 801 or Subclass 100 is assessed about two years after lodgement, and the relationship must still be genuine and continuing. The guide on partner visa second stage documents explains what to prepare.

The sponsor's undertaking includes providing adequate accommodation and financial assistance to the visa holder for the first two years in Australia. The guide on partner visa sponsor obligations after grant explains this. A Subclass 309 holder must also note the first entry date. The guide on the partner visa first entry deadline explains why it matters, and the guide on arriving in Australia on a partner visa explains the first weeks after arrival.

Changes of address, employment or relationship circumstances should be reported. The guide on partner visa change of circumstances explains how. A sponsor partner from Mexico case can be undone at the second stage if the couple stop keeping evidence, so the habits built before lodgement should continue.

How much does it cost to sponsor partner from Mexico?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710. The sponsor does not pay a separate fee for the sponsorship.

The charge covers both stages. The couple will also pay for Mexican certificates, translations, health examinations and any travel. The answer on partner visa cost explains what is included. The Department does not publish a fixed processing time that a sponsor partner from Mexico couple can rely on, and the answer on what happens after lodging a partner visa explains the stages that follow lodgement.

How My Migration Lawyers helps you sponsor partner from Mexico

My Migration Lawyers acts for Australian sponsors and their Mexican partners in onshore and offshore partner visa matters. The firm deals with complex cases, acts in many partner visa matters of this type, and is capable of handling a sponsor partner from Mexico application where the partner's visa position, documents or history make the case difficult.

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

• Reading the Mexican partner's current visa grant notice for condition 8503 and the expiry date, and deciding whether to lodge onshore, lodge urgently, or lodge offshore.
• Preparing a Schedule 3 submission where the partner's visa has expired.
• Assessing the sponsor's eligibility under regulations 1.20J, 1.20KB, 1.20KC and 1.20KD.
• Planning the Mexican police certificates for the partner, by State and at federal level as required, and the sponsor's own Mexican police check where the sponsor lived in Mexico.
• Checking that the acta de matrimonio shows a valid civil marriage, or preparing the case as a de facto relationship where it does not.
• Organising relationship evidence across the four aspects and reviewing the couple's relationship statement, which remains their own account, checked and corrected by them.
• Responding to section 56 requests and section 57 letters, and preparing the couple for interview.
• Acting in Administrative Review Tribunal review if a sponsor partner from Mexico application is refused.

Consultations are by video, so the firm can speak with a sponsor in Australia and a partner in Mexico together. The firm has partner visa lawyers in Adelaide, Canberra, the Gold Coast and Parramatta, as well as nationally. Partner visa matters are supervised by Weiwei Zhang, Principal Lawyer. The partner visa questions page answers common questions, and the contact page explains how to reach the firm.

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