Sponsoring a Partner From Peru

You can sponsor partner from Peru for an Australian partner visa if you are an eligible Australian sponsor and your relationship with your Peruvian partner is genuine and continuing. To sponsor partner from Peru, most couples choose between three pathways: the offshore Subclass 309, the Subclass 300 Prospective Marriage visa, or, if the partner is already in Australia, the onshore Subclass 820.

This guide is written for the Australian sponsor whose partner is Peruvian. Many of these couples met while the Australian partner was travelling or working in South America, while the Peruvian partner was in Australia on a Work and Holiday visa, or online. Often the couple have spent much of the relationship on different continents. That shapes almost every decision in a sponsor partner from Peru application: which visa, whether to marry first, how to prove a relationship conducted across distance, and which Peruvian documents are needed.

The firm's partner visa lawyers act for sponsors and their Peruvian partners across all three pathways. The offshore page on Subclass 309 partner visas and the page on the Subclass 300 Prospective Marriage visa explain the two pathways most Peruvian couples use.

Can I sponsor partner from Peru?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Peru if the couple are married, in a de facto relationship, or engaged and intending to marry, and the relationship is genuine and continuing.

Peru has no special rules in the partner visa criteria. The Migration Act 1958 and the Migration Regulations 1994 apply in the same way to every nationality. What differs is the factual picture: the distance between the countries, Peruvian civil records held by RENIEC or by municipalities, the Peruvian criminal record certificate, and the visa the Peruvian partner can use to visit Australia. A sponsor partner from Peru application must deal with each of those points.

The sponsor is a party to the application, not a bystander. The sponsor lodges the sponsorship, gives an undertaking, and can be asked for police checks. The guide on what the Australian partner must do as a partner visa sponsor and the answer on whether a lawyer can help an Australian citizen sponsor their partner explain the sponsor's role.

Which pathway fits when you sponsor partner from Peru?

The pathway depends on where the Peruvian partner is and on the couple's relationship status. A married or de facto couple with the partner outside Australia usually applies for a Subclass 309. An engaged couple who want to marry in Australia can apply for a Subclass 300. A partner already in Australia on a suitable visa can apply for a Subclass 820.

Each pathway has its own logic for a sponsor partner from Peru case:

• Subclass 309 then Subclass 100. The partner applies from outside Australia and must be outside Australia when the Subclass 309 is granted. The permanent Subclass 100 is assessed about two years after lodgement. The guide on the offshore partner visa explains the process, and the answer on the difference between the Subclass 309 and Subclass 100 explains the two stages.
• Subclass 300. The engaged partner applies from outside Australia, travels to Australia, marries within the visa period, and then applies for a Subclass 820. The answer on Prospective Marriage visa requirements explains the criteria.
• Subclass 820 then Subclass 801. The partner applies in Australia and must be in Australia when the Subclass 820 is granted. The page on Subclass 820 partner visas explains the onshore pathway.

The answer on which partner visa you should apply for and the guide on which partner visa pathway fits help compare the options. For most couples who sponsor partner from Peru, the real decision is between marrying first and applying for a Subclass 309, or applying for a Subclass 300 and marrying in Australia.

Should we marry in Peru first or apply for a Prospective Marriage visa?

It depends on where the couple want to marry, how soon they want to be together in Australia, and whether they can meet the Peruvian civil marriage requirements. Marrying in Peru leads to a Subclass 309. Marrying in Australia leads through a Subclass 300 and then a Subclass 820.

Marrying first has clear advantages. The couple apply as spouses, so the 12-month de facto requirement does not apply. The marriage record is strong evidence of commitment, although it does not prove on its own that the relationship is genuine. The permanent stage follows the Subclass 309 without a further onshore application.

The Subclass 300 suits a couple who want the wedding in Australia, for example because the sponsor's family is here. It requires the couple to have met in person, to genuinely intend to marry, and to marry within the visa period. After the wedding, the partner applies for a Subclass 820. The answers on the fiancé visa compared with the partner visa and on the cost of the fiancé visa route compared with marrying first explain the trade-offs. The answer on what happens if you do not marry within nine months on a Subclass 300 explains the main risk of that pathway.

A sponsor partner from Peru strategy should settle this question before booking a wedding venue or a flight. The wrong order can add cost, time and an extra application.

What does an Australian sponsor need to marry in Peru?

An Australian who marries in Peru must meet the Peruvian civil marriage requirements, which are handled by the municipality where the marriage takes place, and should obtain a certified copy of the marriage record afterwards for the partner visa.

In Peru, civil marriages are celebrated before municipal authorities. The municipality sets out the documents it requires from a foreign party, which commonly include identity documents and evidence of the foreigner's civil status. Australians who need to prove they are free to marry abroad usually obtain a document from Australian Government consular services for that purpose. The couple should confirm the current list with the municipality well in advance, because missing documents delay the ceremony.

After the wedding, the marriage is recorded. A valid civil marriage in Peru is generally recognised in Australia if it was valid where it took place and would be recognised under Australian law. The guide on overseas marriages recognised in Australia and the answer on whether an overseas marriage is recognised for a partner visa explain the rules.

A religious ceremony on its own may not create a valid marriage. The answer on religious and cultural marriages explains how the Department approaches ceremonies that were not civilly registered. When couples sponsor partner from Peru after a church wedding, the civil record is the document that matters.

Can a long-distance couple sponsor partner from Peru as de facto partners?

Yes, but it is often difficult. De facto partners generally must have been in a de facto relationship for at least 12 months immediately before the application, and they must live together or not live separately on a permanent basis.

A couple who met while travelling and then spent months apart may not have 12 months of de facto relationship. Time spent apart does not automatically break a de facto relationship, but the couple must show that they were committed to a shared life and that the separation was temporary. The answers on time apart and the 12-month de facto requirement and on when the 12-month de facto period starts explain the test. The guide on the long-distance partner visa relationship explains how distance is assessed.

Registration of the relationship under an Australian State or Territory law is an exception to the 12-month requirement. Some registers allow registration while one partner is overseas, subject to their own rules. The answer on registering a relationship while the partner is overseas explains this. A sponsor partner from Peru couple without 12 months together should compare registration, marriage and the Subclass 300 before lodging.

Sponsor eligibility rules when you sponsor partner from Peru

To sponsor partner from Peru, the sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over, and must not be barred by the sponsorship limitations in regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD.

The sponsor rules in practice for a sponsor partner from Peru application:

• Previous partner sponsorships. Regulation 1.20J limits a sponsor to two partner sponsorships in a lifetime, and generally to one sponsorship every five years, including five years from the sponsor's own grant as a partner, unless there are compelling circumstances. The answer on a sponsor who has sponsored a partner before explains the options.
• Criminal history. For Subclass 300, 309 and 820 applications made from 18 November 2016, regulations 1.20KC and 1.20KD allow the Department to request sponsor police checks and require refusal of the sponsorship in some cases involving relevant offences and a significant criminal record. The guides on partner visa sponsor relevant offences and on a significant criminal record under regulation 1.20KD explain the tests.
• Children. Regulation 1.20KB applies where a child is included in the application and the sponsor has a conviction for a child-related offence.
• Contributory parent visa holders. Regulation 1.20KA can affect some sponsors who hold a contributory parent visa.

For a Subclass 300, the sponsor must also meet the sponsorship requirements for a Prospective Marriage visa. The answer on who can sponsor a Prospective Marriage visa explains this. The sponsorship is lodged on Form 40SP, explained in the guide on Form 40SP. The firm's page on partner visa sponsorship limitations explains how these issues are managed.

Sponsorship approval is decided at the time of decision. A sponsor partner from Peru application can therefore fail if the sponsor's position changes, or if the sponsor stops responding, after lodgement. The guide on partner visa sponsorship delays explains how sponsor issues can hold up the visa.

Which Peruvian civil documents are needed?

The main Peruvian civil documents are the partner's national identity document (DNI), passport, birth record (acta de nacimiento), and, if married, the marriage record (acta de matrimonio). Certified copies are issued by RENIEC or by the municipality that holds the record.

Peru's national registry, RENIEC, issues certified copies of birth, marriage and death records. Official Peruvian Government information indicates that RENIEC can issue certified copies online where the record was registered through a municipality connected to its system. Records held only by other municipalities must be obtained from that municipality. A sponsor partner from Peru application should therefore confirm, early, where the marriage record is held.

Other documents that a sponsor partner from Peru application may need include:

• Divorce records. If either partner was previously married, evidence that the earlier marriage ended. The guide on a partner visa while still married explains the issues.
• Change of name records. Where a name has changed.
• Children's documents. Birth records and consent documents if a child is included. The guide on adding children to a partner visa and the answer on when the other parent does not consent explain the requirements.

The guide to the partner visa document checklist lists the standard documents. The answer on what to do if you cannot get a birth or marriage certificate explains what to provide when a civil record is unavailable.

Which Peruvian police certificate does the partner need?

The partner needs a Peruvian criminal record certificate if they lived in Peru for 12 months or more in the last 10 years since turning 16. In Peru, the criminal record certificate (Certificado de Antecedentes Penales) is issued by the judiciary, the Poder Judicial, through its national register of convictions.

Peru also has a separate police record certificate issued by the National Police. The Department's character requirements for Peru should be checked to confirm which certificate, or whether both, are currently required. A sponsor partner from Peru application should not assume that one certificate is enough without checking. The guide on partner visa overseas police certificates explains how certificates from different countries are handled.

If the partner has lived in another country for 12 months or more in the relevant period, such as Chile, Argentina, Spain or the United States, a certificate from that country may also be needed. If the partner has spent 12 months or more in Australia, an Australian National Police Check is also needed, explained in the guide on the partner visa AFP police check.

Timing matters when you sponsor partner from Peru. The answer on police certificate and health check validity explains why certificates obtained too early may expire before the decision. The guide on partner visa expired police checks explains what happens when they do.

Does the sponsor need a Peruvian police check?

The sponsor may be asked for one. If the Australian sponsor lived in Peru for 12 months or more, in total, in the relevant period since turning 16, the Department can request a Peruvian police check under regulation 1.20KC, in addition to an Australian National Police Check.

Sponsors who taught English, volunteered or worked in Peru for a year or more often forget this. The request is made to the sponsor, not to the applicant. Department policy treats 28 days as a reasonable time to provide the checks, or evidence that they have been requested. Policy also allows delegates to be flexible with extensions where the sponsor shows the checks have been requested.

A sponsor who lived in Peru should plan how to obtain the certificate from Australia before the request arrives. If a certificate cannot be obtained despite genuine efforts, Department policy allows the sponsor to seek a waiver by giving a standard Commonwealth statutory declaration that explains the efforts made and states any convictions. The guides on partner visa sponsor police check requirements and on a sponsor police check that is not provided explain both points. A sponsor partner from Peru case can fail on this point even where neither partner has any criminal history.

How should Peruvian documents be translated?

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

In a sponsor partner from Peru application, the documents that usually need translation are the acta de matrimonio, the acta de nacimiento, the DNI, the criminal record certificate, any divorce record, and key messages between the couple written in Spanish. The guide on partner visa evidence translation explains the requirements, and the answer on translating a marriage certificate explains what a translation should include.

Peruvian names usually include two surnames. The name in the passport should be used throughout, with other names listed in the application. The answer on different names and dates in documents explains how to deal with variations.

Can a same-sex couple sponsor partner from Peru?

Yes. A same-sex couple can sponsor partner from Peru. A couple who married in a country that allows same-sex marriage can apply as spouses, and Australia recognises a valid overseas same-sex marriage. Otherwise, the couple can apply as de facto partners.

Same-sex couples who cannot marry in Peru often rely on the de facto pathway, on registration of their relationship in an Australian State or Territory, or on the Subclass 300 if they intend to marry in Australia. The criteria are the same as for any other couple. The firm's page on LGBTI partner visas explains the approach, and the answer on a private same-sex relationship and partner visas explains how a relationship that is not public in every setting can still be evidenced.

How do you prove a relationship across distance when you sponsor partner from Peru?

You prove it with evidence across the four aspects in regulation 1.15A, the financial aspects, the nature of the household, the social aspects and the nature of the commitment, with particular weight on visits, communication and future plans where the couple have lived apart.

The guide to the four pillars of a partner visa explains the framework. In a sponsor partner from Peru case, the evidence often looks like this:

• Visits and travel. Passport stamps, flight bookings, accommodation and itineraries showing time spent together in Peru, Australia or elsewhere. The guide on partner visa travel evidence and the answer on evidence of travelling together explain what helps.
• Communication. Regular messages and call records across the time difference. The answer on messages, emails and call records explains how to present them without overwhelming the case officer.
• Financial support. Money sent between Australia and Peru, shared costs of visits and the wedding, and plans for shared finances. The answer on money transfers as relationship evidence explains the weight of transfers.
• Household. Periods of living together in Peru or Australia, even if short, and the plan for the shared home in Australia. The guide on a partner visa without living together explains how couples who have not lived together are assessed for marriage-based applications.
• Social. Introductions to each other's families, attendance at family events, and Form 888 statements from people who know the couple. The guide on partner visa social evidence explains this aspect.
• Commitment. Engagement, wedding plans, future plans in Australia and knowledge of each other's lives. The guide on partner visa future plans explains how plans are evidenced.

There is one relationship statement for the couple, in their own words and checked by them for accuracy. It should explain how the couple met, how the relationship developed across distance, and why they were apart. The guide on the partner visa relationship timeline explains how to organise the history, and the answer on explaining gaps in relationship evidence explains how to deal with quiet periods.

Supporting statements from people in Australia are given on Form 888. Statements from friends and family in Peru can also be provided. The answers on how many Form 888 statements are needed and on statements from overseas friends explain the practical approach.

Can a Peruvian partner visit Australia while the application is processed?

Yes. A Peruvian partner can apply for a Visitor visa (Subclass 600) while a Subclass 309 or Subclass 300 application is processed. The visitor visa is assessed separately, and the partner must be outside Australia when the Subclass 309 or Subclass 300 is granted.

Couples who sponsor partner from Peru often want to spend time together in Australia during processing. The visitor visa application should disclose the pending partner visa honestly and show that the visit is temporary, with evidence of the partner's circumstances in Peru and a planned return. The answers on visiting Australia while a Subclass 309 is processed and on visiting Australia while a Subclass 300 is processed explain the rules.

A visitor visa may carry condition 8503 (No Further Stay). That condition prevents most onshore applications while the partner is in Australia, unless it is waived. The answer on condition 8503 and partner visas explains the condition. If a visitor visa is refused, the guide on a partner visa after a visitor visa refusal explains what it means for the partner visa.

What if the Peruvian partner is already in Australia?

If the Peruvian partner is already in Australia on a substantive visa without a No Further Stay condition, the couple can usually lodge a Subclass 820 application onshore, before the current visa expires.

Peru is one of the countries with a Work and Holiday arrangement with Australia, and some Peruvian partners meet their Australian partner while on a Work and Holiday visa (Subclass 462). Others are in Australia on student visas. In those situations, a sponsor partner from Peru application can often be lodged onshore, which usually brings a Bridging visa A that keeps the partner lawful while the application is processed. The guide on a partner visa on a working holiday visa and the guide on the onshore partner visa explain the pathway.

If the current visa is about to expire, the firm's urgent partner visa lodgement service is designed for that situation. If the visa has already expired, the Schedule 3 criteria apply, and the firm's page on Schedule 3 waivers explains how those cases are handled.

What happens after the Subclass 309 is granted?

After grant, the Peruvian partner must make the first entry to Australia by the date stated in the grant notice, the sponsor's undertaking continues, and the couple continue to gather evidence for the permanent Subclass 100 stage.

The first entry date is easy to miss in a sponsor partner from Peru case when the partner needs to finish work or study in Peru. The guide on the partner visa first entry deadline explains the rule, and the answer on being outside Australia when the Subclass 309 is granted explains the timing. The guide on arriving in Australia on a partner visa explains the first steps after arrival.

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. The permanent stage is assessed about two years after lodgement, and the guide on partner visa second stage documents explains what to prepare.

What mistakes delay a sponsor partner from Peru application?

The mistakes that most often delay a sponsor partner from Peru application are lodging as de facto partners without 12 months of de facto relationship, obtaining the wrong Peruvian certificate, assuming the marriage record is held by RENIEC when it is held by a municipality, and letting the sponsor's own police check request go unanswered.

Other problems seen when couples sponsor partner from Peru include:

• A visit that becomes an onshore application. Planning to lodge onshore while the partner holds a visitor visa with condition 8503.
• Thin evidence of the time apart. Explaining months of separation in one line, rather than showing contact, visits and plans during that period.
• Untranslated records. Uploading Peruvian records in Spanish without English translations.
• Inconsistent dates. Giving different dates for when the couple met, became a couple or began living together in different forms and statements. The answer on differences between relationship statements explains why consistency matters.
• A Subclass 300 without a wedding plan. Applying for a Prospective Marriage visa without a realistic plan to marry within the visa period.

The guide on common partner visa application mistakes explains each risk in more detail. A partner visa application review before lodgement is the simplest way to find these issues while a sponsor partner from Peru application can still be corrected.

How much does it cost to sponsor partner from Peru?

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 of the partner visa. Couples who sponsor partner from Peru should also budget for Peruvian civil records, police certificates, translations, health examinations, a wedding if they marry first, and travel for visits. The guide on partner visa cost explains what the charge covers, and the answer on who pays the partner visa fee explains that either partner may pay. The Department does not publish a fixed processing time that a sponsor partner from Peru couple can rely on. The answer on how long a partner can stay overseas while the application is pending explains how waiting periods affect planning.

What if a sponsor partner from Peru application is refused?

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

For a Subclass 309 refusal, the visa applicant applies for review in their own name, even though they are outside Australia. For a Subclass 820 refusal, the visa applicant applies. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727. The answer on who applies for review of an offshore refusal and the guide on the partner visa appeal deadline explain the process. The guide on how to appeal a partner visa refusal explains the steps.

In long-distance cases, refusals often turn on whether the relationship is genuine and continuing, or whether the de facto requirement was met. The guide on a partner visa refused because the relationship was not accepted as genuine explains how those refusals are approached on review. The firm's partner visa refusals page explains the firm's review work.

How My Migration Lawyers helps you sponsor partner from Peru

My Migration Lawyers acts for Australian sponsors and their Peruvian partners in offshore, prospective marriage and onshore 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 Peru application where distance, documents or the relationship history make the case harder to present.

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

• Advising whether to marry in Peru and apply for a Subclass 309, apply for a Subclass 300 and marry in Australia, or lodge a Subclass 820 if the partner is already in Australia.
• Assessing the sponsor's eligibility, including previous sponsorships and any criminal history under regulations 1.20J, 1.20KC and 1.20KD.
• Identifying the Peruvian documents needed, including the acta de matrimonio from RENIEC or the municipality, the acta de nacimiento and the criminal record certificate, and the sponsor's own Peruvian police check where the sponsor lived in Peru.
• Organising long-distance relationship evidence across the four aspects and reviewing the couple's relationship statement, which remains their own account, checked and corrected by them.
• Preparing and lodging the sponsorship and the visa application, and managing visitor visa applications during processing.
• Responding to section 56 requests and section 57 letters, including sponsor police check requests.
• Acting in Administrative Review Tribunal review if a sponsor partner from Peru application is refused.

Consultations are by video, so the firm can advise a sponsor in Australia and a partner in Peru together, across the time difference. The firm has partner visa lawyers in Sydney, Melbourne, Hobart and Perth. Partner visa matters are supervised by Weiwei Zhang, Principal Lawyer. The guide to working with an offshore partner visa lawyer explains how representation works across countries, and the partner visa questions page answers common questions. The contact page explains how to reach the firm.

If you want to sponsor partner from Peru and need a clear plan for the right visa, the documents and the evidence, Book a Consultation with My Migration Lawyers, or call 1300 040 300.