Sponsoring a Partner From Portugal

An Australian who wants to sponsor partner from Portugal has two main choices: lodge from outside Australia, or have the Portuguese partner come to Australia and lodge onshore. The decision to sponsor partner from Portugal through an onshore application is common because Portuguese passport holders can usually visit Australia on an eVisitor, but it carries risks that must be managed with care.

This guide is written for the Australian sponsor. It explains the sponsor rules, the eVisitor and onshore pathway, condition 8503, the Schedule 3 criteria, timing, and the position of partners who hold both Brazilian and Portuguese citizenship. The firm's partner visa lawyers advise sponsors in these matters.

Can you sponsor partner from Portugal to Australia?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor partner from Portugal. Portuguese applicants are assessed under the same legal tests as applicants from any other country. There is no special stream for European partners. A plan to sponsor partner from Portugal follows the same legal framework as any other partner visa.

The couple must be married, in a de facto relationship, or engaged and intending to marry. A de facto couple usually needs 12 months of a shared life before lodgement, unless the relationship is registered in an Australian state or territory or another exception applies. The guide to de facto partner visas in Australia and the answer on when the 12 month de facto period starts explain the rule.

The relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of all others. The guide to the genuine and continuing relationship requirement explains how the Department of Home Affairs assesses this. Any plan to sponsor partner from Portugal rests on that assessment, whichever visa is chosen.

Who can sponsor partner from Portugal?

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must be at least 18 years old. The guide to partner visa sponsor requirements sets out the full list, and the guide to the partner visa sponsor explains the sponsor's role. The sponsor's own eligibility is the first thing to confirm when couples sponsor partner from Portugal.

Sponsorship limitations

Regulation 1.20KB generally prevents a person from sponsoring more than two partners, or sponsoring within 5 years of a previous partner sponsorship or of their own grant as a sponsored partner, unless there are compelling circumstances. The firm's page on partner visa sponsorship limitations explains the rule.

Police checks and relevant offences

Regulation 1.20KC allows the Department to ask the sponsor for Australian and foreign police checks, and to refuse the sponsorship where the sponsor has a conviction for a relevant offence unless approval is reasonable, or where requested checks are not provided. The guide to sponsor criminal records explains how this works. A sponsor who has lived in Portugal for 12 months or more may be asked for a Portuguese check. That request is common where a sponsor partner from Portugal application follows years of the sponsor living in Lisbon or Porto.

Lodging the sponsorship

The applicant lodges first and the sponsor then lodges the sponsorship online using the Transaction Reference Number. The sponsor undertakes to provide accommodation and financial assistance for the applicant's first 2 years in Australia. The guide to sponsor documents lists what the sponsor provides. Where the applicant is subject to section 48, the sponsorship must be lodged together with the application, as the answer on section 48 and partner visas explains. A sponsor partner from Portugal application can fail on a sponsor issue even where the relationship is strong.

Should you lodge onshore or offshore to sponsor partner from Portugal?

Both options are available, and the right one depends on where the partner is, what visa the partner holds, and what the couple can manage during processing. The comparison of onshore and offshore partner visas explains the general differences.

Offshore: Subclass 309

The Subclass 309 visa is lodged while the partner is outside Australia, often from Portugal. The temporary Subclass 309 is decided first and the permanent Subclass 100 follows. The partner can usually apply to visit Australia while the application is processed, as the answer on visiting Australia while a Subclass 309 is processing explains. The grant location rules for the Subclass 309 changed in November 2023, so the couple should check the current position before planning travel around a decision. For couples who sponsor partner from Portugal while still living there, the offshore route avoids every visitor visa risk.

Onshore: Subclass 820

The Subclass 820 visa is lodged while the partner is in Australia. The temporary Subclass 820 is decided first and the permanent Subclass 801 follows. A valid onshore application made while the partner holds a substantive visa usually results in a Bridging visa A, which lets the partner stay in Australia while the application is processed. The answer on the Bridging visa A for partner visas and the guide to the Bridging visa A explain how it works. This is the main practical advantage when couples sponsor partner from Portugal onshore.

Engaged couples: Subclass 300

The Subclass 300 visa suits an engaged couple who intend to marry within the visa period. It is lodged while the partner is outside Australia. It may suit couples who sponsor partner from Portugal and want to marry in Australia.

For most couples who sponsor partner from Portugal, the practical question is whether the partner should come to Australia on an eVisitor and lodge onshore. The rest of this guide focuses on that question.

What if the Portuguese partner is already in Australia on another visa?

A Portuguese partner who is already in Australia on a substantive visa, such as a student visa or a temporary work visa, can usually lodge a Subclass 820 without relying on a visitor visa at all. This is often the most straightforward way to sponsor partner from Portugal, because the Schedule 3 criteria do not apply when the applicant holds a substantive visa at the time of application.

Students and temporary workers

The partner's current visa may carry its own conditions, and some visas carry condition 8503 as well. Those conditions should be checked before lodgement. The guide to a partner visa on a student visa and the answer on moving from a student visa to a partner visa explain the issues. A partner on an employer sponsored visa should read the guide to a partner visa while holding a Subclass 482.

Couples who met in Australia

Many sponsors meet their Portuguese partner while the partner is studying or working in Australia. Those couples often have strong household and social evidence in Australia, such as a shared lease, joint bills and friends in common. The sponsor partner from Portugal application should still explain how the relationship began and how it developed, and should show that the couple's commitment does not depend on the partner's current visa.

Lodging before the current visa ends

The same timing rule applies to every onshore applicant. The application should be lodged while the current substantive visa is still in effect. If the partner's visa is about to expire, the couple should act quickly, because a gap between visas brings in the Schedule 3 criteria. In a sponsor partner from Portugal case, a missed expiry date can turn a simple application into a difficult one.

Can a Portuguese partner apply for a partner visa while on an eVisitor?

Yes, in many cases, but only if the visa does not carry condition 8503 (No Further Stay) or the Department waives it, and only if the application is lodged at the right time. The eVisitor (Subclass 651) is for eligible European passport holders, and Portugal is one of the eVisitor countries listed in the Department's visitor visa program reporting. It allows a person to visit Australia as often as they wish within a 12-month period for tourism or business visitor purposes.

The purpose of the visit must be genuine

A visitor visa is for a genuine visit. A Portuguese partner who applies for an eVisitor must answer the application questions honestly, including questions about the purpose of travel and about family or relationships in Australia. The answer on whether to mention a partner on a visitor visa application explains why honesty matters. A couple who later plan to sponsor partner from Portugal onshore should never rely on an answer that was not true when it was given.

Lodging onshore after arrival

If the eVisitor does not carry condition 8503, the partner can usually lodge a Subclass 820 in Australia while the eVisitor is in effect. The guide to applying for a partner visa on a tourist visa and the guide to moving from a tourist visa to a partner visa explain the process. The answer on a partner visa on a tourist visa gives a short summary. Each of these steps should be planned before the partner travels.

The onshore route is attractive because the couple can live together in Australia during processing. It also concentrates the risk in a short window. A sponsor partner from Portugal application lodged onshore must be fully prepared before the visitor visa runs out.

What does condition 8503 mean for a Portuguese partner?

Condition 8503 means the holder cannot be granted a further substantive visa, other than a protection visa, while in Australia, unless the condition is waived. If the partner's visitor visa carries condition 8503, a Subclass 820 application cannot validly be made until a waiver is granted.

Checking the visa grant

The partner should read the visa grant notice and check the visa in VEVO before travelling. Some visitor visas are granted with condition 8503 and some are not. The couple should not assume. In a sponsor partner from Portugal case, the grant notice is the first document to check. The answer on condition 8503 and partner visas and the guide to the No Further Stay condition explain the condition.

Waivers

A waiver of condition 8503 is available only in limited circumstances, generally where there has been a compelling and compassionate change in circumstances since the visa was granted, over which the person had no control. A relationship that already existed when the visa was granted is often not enough on its own. The guide to 8503 waivers for partner visas, the guide to Subclass 820 and condition 8503 and the answer on a condition 8503 lawyer explain the test.

A sponsor partner from Portugal plan that depends on an onshore application should confirm the visa conditions before the partner boards the plane. That one step avoids many problems.

What happens if the visitor visa expires before the partner visa is lodged?

If the partner's visitor visa expires before a valid Subclass 820 application is made, the partner becomes unlawful and the Schedule 3 criteria apply to the application. The Schedule 3 criteria (3001, 3003 and 3004) are additional requirements for applicants who do not hold a substantive visa when they apply. They can be waived only where there are compelling reasons.

How Schedule 3 affects the couple

An application that must satisfy Schedule 3 is harder, slower and riskier than one lodged while the visitor visa is in effect. The firm's page on Schedule 3 waivers, the guide to Schedule 3 criteria for partner visas and the guide to Schedule 3 when the visa has expired explain what must be shown. The guide to compelling reasons explains the waiver test. A sponsor partner from Portugal application that depends on a Schedule 3 waiver needs detailed evidence of the compelling reasons.

Lodging before expiry

The safest course is to lodge before the visitor visa expires. The guide to lodging a partner visa before the current visa expires and the answer for couples whose visa expires next week explain the steps. The Urgent Partner Visa Lodgement page is for couples facing an immediate deadline.

Letting the eVisitor run out is the most avoidable risk when couples sponsor partner from Portugal onshore. The deadline should be in both partners' calendars from the day of arrival.

Can the couple marry in Australia while the partner is on an eVisitor?

Yes. A visitor can lawfully marry in Australia, and the couple can then apply for a Subclass 820 as married partners if the visa conditions allow an onshore application. Marrying in Australia does not remove condition 8503 if it applies, and it does not extend the visitor visa.

The notice period

Under Australian law, a Notice of Intended Marriage must generally be lodged with the celebrant at least one month before the wedding. A partner on a short visitor stay must therefore plan the wedding date carefully. Many couples who sponsor partner from Portugal onshore find that the notice period, not the wedding, sets the timetable. The answer on the notice of intended marriage and the guide on how to get married in Australia explain the process.

Married or de facto

A married couple does not need to show 12 months of living together, although the Department still assesses whether the relationship is genuine and continuing. The answer for couples who married in Australia on a visitor visa and the answer for a spouse who arrived on a tourist visa and has just married explain what follows. A wedding is strong evidence of commitment, but a sponsor partner from Portugal application still needs evidence of the shared life before and after it.

How should you time an onshore application to sponsor partner from Portugal?

The application should be ready before the partner arrives, and lodged well before the visitor visa ends. A practical sequence for a sponsor partner from Portugal onshore application looks like this:

• Before travel. Confirm the eVisitor conditions, especially whether condition 8503 applies. Gather the relationship evidence, identity documents and Portuguese records.
• On arrival. Note the date the visitor visa will cease and the date each stay must end. These dates control every later step to sponsor partner from Portugal onshore.
• Prepare the application. Finalise relationship statements, Form 888 statements and translations. Check the sponsor's eligibility.
• Lodge the Subclass 820. Lodge online while the eVisitor is in effect. This is the critical step in an onshore sponsor partner from Portugal application. Then lodge the sponsorship using the Transaction Reference Number.
• Bridging visa. Check that a Bridging visa A has been granted and read its conditions.
• Travel. If the partner needs to leave Australia during processing, apply for a Bridging visa B before leaving.

Travel after lodging

A Bridging visa A does not allow re-entry to Australia. A partner who leaves without a Bridging visa B may not be able to return on the bridging visa. The answer on leaving Australia without a Bridging visa B and the guide to the partner visa Bridging visa B explain the risk.

Being in Australia at grant

The Subclass 820 location rules at the time of grant changed in November 2023. The answer on whether the applicant must be in Australia when the Subclass 820 is granted explains the current approach, and the couple should check it before planning long trips.

Good timing is the difference between a straightforward sponsor partner from Portugal application and one that needs a waiver.

Why do earlier visitor visa answers matter?

They matter because the Department compares what the partner said in earlier applications with what the partner says in the partner visa application. If a previous visitor visa application gave false or misleading information, for example about marital status or the purpose of the visit, the Department may consider PIC 4020. The guide to PIC 4020 for partner visas and the guide to false information refusals explain the consequences. This is a real risk where couples sponsor partner from Portugal after several earlier visits.

Common inconsistencies

Common problems include a partner who said they were single on a visitor visa application while already in a relationship, or who described the visit as tourism only while already planning to marry. Whether an answer was false depends on the exact question and the facts at the time. Before any sponsor partner from Portugal application is lodged, the earlier answers should be reviewed. The guide to incorrect answers in a partner visa explains how to deal with them.

Disclosing previous refusals

Any previous visa refusal, in Australia or another country, must be disclosed where the form asks. The answer on whether to disclose a visa refusal explains why. A sponsor partner from Portugal application built on honest and consistent history is far safer than one that relies on the Department not noticing.

Which passport should a Brazilian and Portuguese dual national use?

A dual national should use one passport consistently for the visa application and for travel, and must declare both citizenships wherever the forms ask. Many Brazilians hold Portuguese citizenship as well, often through a parent or grandparent. A Portuguese passport allows the partner to apply for an eVisitor, because the eVisitor is for eligible European passport holders. A Brazilian passport is not an eVisitor passport.

Consistency across every form

A visa is linked to the passport used to apply for it. If the partner applied for the eVisitor with a Portuguese passport, the partner should travel on that passport and should give consistent details in the Subclass 820 application. Every citizenship held must be declared. PIC 4021 requires a valid passport, and an inconsistent identity record can raise PIC 4020 concerns. The guide to a change of passport during a partner visa and the answer on different names and dates on documents explain how to keep the record consistent. In every sponsor partner from Portugal case involving dual nationality, the declared citizenships must match across all applications.

Names across two countries

Brazilian and Portuguese documents may record names differently, including the order of surnames or the use of a married name. Each variation should be explained. The firm's guide to partner visas for Brazilian citizens covers Brazilian documents in more detail.

A dual national sponsor partner from Portugal application should be prepared as one identity with two citizenships, not as two separate people.

What documents and police certificates are needed from Portugal?

The applicant needs identity documents, civil status documents and police certificates, with English translations of anything in Portuguese. The guide to the partner visa document checklist gives a full list.

Portuguese police certificate

The Portuguese criminal record certificate, the certificado de registo criminal, can be requested online through the Ministry of Justice's criminal record platform, using a Cartão de Cidadão with PIN or the Chave Móvel Digital. The Department generally asks for a police certificate from every country where the applicant has lived for 12 months or more in the last 10 years since turning 16. The guide to overseas police certificates explains the Department's practice. A sponsor partner from Portugal application should include the Portuguese certificate as soon as the Department requests it.

Brazilian and other certificates

A dual national who has lived in Brazil for 12 months or more in that period will usually need a Brazilian certificate as well. The same applies to any other country, including other European countries where the partner has worked. If the partner has spent 12 months or more in Australia in the last 10 years, an Australian Federal Police check is needed, as the guide to the partner visa AFP police check explains.

Civil documents and translations

Birth and marriage certificates, and any divorce documents, should be provided with English translations. The guide to partner visa evidence translation explains the requirements. A Portuguese marriage is generally recognised in Australia if it was valid where it took place, subject to the exceptions in the Marriage Act 1961, as the guide to overseas marriages recognised in Australia explains.

Collecting these documents before travel is the single best preparation for a sponsor partner from Portugal onshore application.

What relationship evidence works for couples who met in Portugal?

The evidence must cover the financial aspects, the household, the social aspects and the commitment of the relationship. The guide to partner visa relationship evidence explains each one.

Couples who met while the sponsor was working or travelling in Portugal, or while the Portuguese partner was in Australia, often have a mix of evidence from both countries: shared leases or addresses in Lisbon or Porto, travel together in Europe, family events in Portugal and time together in Australia. A Portuguese lease, utility bills and bank records showing a shared address are useful household evidence and must be translated. The guide to household evidence and the guide to social evidence explain the options. Form 888 statements from Australian citizens or permanent residents who know the couple are needed, as the guide to Form 888 for partner visas explains.

A couple who has lived together in Portugal for 12 months or more may meet the de facto requirement through that period. A couple who has not should consider registering the relationship or applying as married partners. A sponsor partner from Portugal application should show how the relationship continued when the couple moved to Australia.

Health examinations, biometrics and work rights during processing

The applicant must meet the health requirement and usually attends a medical examination with a panel physician approved by the Department, including a chest x-ray for most adults. The guide to the partner visa medical examination explains the process. The Department may also ask for biometrics, and the request letter states where and when they must be given, as the guide to partner visa biometrics explains. An onshore applicant can usually attend both in Australia.

Once a Subclass 820 is lodged and a Bridging visa A is granted, the partner's work and study rights depend on the conditions of the bridging visa. The guide to bridging visa work rights and the answer on working on a Subclass 820 explain the position. A sponsor partner from Portugal application lodged onshore lets the couple live and, in most cases, work in Australia while the Department decides the case, which is often the main reason couples choose this route.

What have Tribunal decisions said about visitor visa histories and Schedule 3?

Tribunal decisions show that refusals connected with earlier visitor visas and Schedule 3 timing can sometimes be reconsidered on review. None of the decisions in the firm's database concerns a Portuguese applicant, so they are relevant only for the issues they raise.

• Salise (Migration) [2024] AATA 1932, 14 June 2024, Subclass 820. The reported issues were the circumstances of meeting and the progress of the relationship, previous visits on tourist visas, and that the couple was validly married. The decision under review was remitted to the Department for reconsideration.
• Thota (Migration) [2020] AATA 4222, 13 August 2020, Subclass 820. The reported issues were Schedule 3, an application lodged outside the relevant timeframe, and compelling reasons for a waiver. The decision under review was remitted.
• TRUONG (Migration) [2024] AATA 680, 26 February 2024, Subclass 820. The reported issues were false or misleading information, a previous visitor visa application and marital status. The decision under review was remitted.

These issues sit at the centre of an onshore sponsor partner from Portugal application. A remittal means reconsideration by the Department, not a grant, and each decision turns on its own facts. They show that a refused sponsor partner from Portugal application is not always final.

How long does it take, what does it cost and what if it is refused?

As at October 2026, the Department's published processing times for 50% and 90% of applications are 22 and 30 months for the Subclass 820 and 21 and 32 months for the Subclass 309. The guide to Subclass 820 processing times and the guide to partner visa processing times explain what affects them. The visa application charge is from AUD 11,710 as at October 2026, as explained in the guide to the partner visa cost.

If a Subclass 820 or Subclass 309 is refused, the visa applicant can usually apply to the Administrative Review Tribunal. The review application must be made within 28 days after notification, or 7 days if the person is in immigration detention, and that period cannot be extended. The firm's partner visa refusals page and the guide to an onshore partner visa refusal explain the options, and the guide to a bridging visa after a partner visa refusal explains the partner's status during review. A sponsor partner from Portugal refusal must be acted on quickly because the review period is short.

Common mistakes when you sponsor partner from Portugal

The most common mistakes are about timing and visa conditions, not the relationship itself:

• Not checking for condition 8503. The partner arrives on a visitor visa with condition 8503 and the couple only discovers it when trying to lodge.
• Letting the visitor visa expire. The application is lodged after the eVisitor has ceased, so the Schedule 3 criteria apply.
• Inconsistent visitor visa answers. Earlier applications described the partner as single, or the visit as tourism only, when that was not accurate.
• Two passports, two stories. A dual national uses the Portuguese passport for one application and the Brazilian passport for another, without declaring both citizenships.
• Leaving Australia on a Bridging visa A. The partner travels without a Bridging visa B and cannot return on the bridging visa.
• Untranslated Portuguese evidence. Leases, bank records and certificates are uploaded in Portuguese only.

The guides to partner visa application mistakes and to a partner visa application review explain how to avoid these problems. Each of them can be avoided when couples sponsor partner from Portugal with a plan made before travel. The partner visa questions hub answers many related questions.

How My Migration Lawyers helps you sponsor partner from Portugal

My Migration Lawyers acts for Australian sponsors and their Portuguese partners in partner visa matters, including onshore applications made after arrival on an eVisitor, applications affected by condition 8503 or Schedule 3, partners with Brazilian and Portuguese citizenship, and offshore Subclass 309 applications lodged from Portugal. The firm deals with complex partner visa cases, acts in many partner and sponsor matters of this type, and is capable of handling a sponsor partner from Portugal application at every stage, including Tribunal review.

For a sponsor partner from Portugal matter, the firm's work typically includes:

• Advising, before the partner travels, whether an onshore Subclass 820 or an offshore Subclass 309 is the better choice.
• Checking the visitor visa conditions and advising on condition 8503 and any waiver request.
• Planning the lodgement date so that the application is made while the eVisitor is in effect, and advising on Schedule 3 where it is not.
• Reviewing earlier visitor visa applications for inconsistencies and advising on how to address them.
• Advising dual nationals on passport use, declarations of citizenship and police certificates from Portugal, Brazil and elsewhere.
• Preparing the relationship statements from the couple's own accounts, and the Form 888 statements, in the form the law requires.
• Advising on Bridging visa A conditions and Bridging visa B applications for travel.

The firm's partner visa lawyers work with sponsors across Australia and with partners in Portugal by video. The answer on what an onshore partner visa lawyer does and the guide to complex partner visa lawyer work explain the firm's approach. Matters are supervised by Weiwei Zhang, Principal Lawyer.

If you plan to sponsor partner from Portugal, or your partner is already in Australia and the visitor visa deadline is approaching, Book a Consultation with My Migration Lawyers, or call 1300 040 300.