Sponsoring a Partner From Spain

If you want to sponsor partner from Spain, you must be an eligible Australian sponsor and you must prove that your relationship with your Spanish partner is genuine and continuing. To sponsor partner from Spain, the Australian partner lodges a sponsorship and the Spanish partner applies for a partner visa, either in Australia or from outside Australia.

This guide is written for the Australian sponsor. It explains who can sponsor, which visa fits a Spanish partner, which Spanish documents are needed, how Spanish marriages and pareja de hecho registrations are treated, which police certificates the Department can ask for, and what to do if the application is refused. The commercial page on Subclass 820 partner visas explains the onshore pathway, and the page on Subclass 309 partner visas explains the offshore pathway.

Couples who sponsor partner from Spain usually fall into one of three groups. Some met in Australia while the Spanish partner was on a Work and Holiday visa or a student visa. Some met in Spain while the Australian partner was living, studying or working there. Others met while both were travelling, or online, and have lived in two countries for much of the relationship. Each group has a different set of risks. A sponsor partner from Spain application works best when the strategy is built around the couple's real history rather than a generic checklist. The firm's partner visa lawyers advise on all three situations.

Can an Australian sponsor partner from Spain?

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

Spain is not treated differently from any other country in the partner visa criteria. There is no special quota, no Spanish-specific visa and no rule that a Spanish citizen must apply from Spain. The same Migration Act 1958 and Migration Regulations 1994 apply. What changes is the evidence. Spanish civil documents, Spanish police certificates, Spanish relationship registrations and the visa the Spanish partner holds today all shape the sponsor partner from Spain process.

The sponsor's role is not a formality. The sponsor must be approved as a sponsor, must give a sponsorship undertaking, and can be asked for their own police checks. The guide to what the Australian partner must do as a partner visa sponsor explains the sponsor's responsibilities, and the answer on who can sponsor a partner visa gives a short summary.

Who is eligible to sponsor partner from Spain?

To sponsor partner from Spain, the sponsor must be at least 18, must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must not be barred by the sponsorship limitations in the Migration Regulations 1994.

The main rules for a sponsor are:

• Status. The sponsor must hold the right status at the time of application. A sponsor on a temporary visa cannot sponsor. The guide on partner visa sponsor eligibility explains each category, and the article on an eligible New Zealand citizen as a partner visa sponsor covers New Zealand sponsors.
• Previous sponsorships. Regulation 1.20J limits a sponsor to two partner sponsorships in a lifetime. A sponsor also cannot sponsor within five years of a previous partner sponsorship, or within five years of their own grant as a partner, unless there are compelling circumstances.
• Character of the sponsor. Regulations 1.20KC and 1.20KD, which apply to Subclass 300, 309 and 820 applications made from 18 November 2016, 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.
• 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 limitation. Regulation 1.20KA can affect a sponsor who was granted a contributory parent visa in some circumstances.

The sponsorship is made on Form 40SP. The guide to Form 40SP explains the form, and the guide on when a sponsor cannot sponsor a partner visa explains each limitation in detail. The firm's page on partner visa sponsorship limitations explains how these issues are handled in practice.

A sponsor who holds both Australian and Spanish citizenship can still sponsor. Dual citizenship does not reduce the sponsor's Australian status. The guide on a partner visa sponsor who is a dual citizen explains the documents a dual citizen should provide.

Sponsorship approval is decided at the time of decision, not only at lodgement. That means the sponsor must remain eligible and responsive until the visa is decided. The guide on when partner visa sponsorship approval is decided explains why.

Which visa applies when you sponsor partner from Spain?

The visa depends on where the Spanish partner is when the application is lodged and on the couple's relationship status. If the 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 engaged couple can use the Subclass 300 Prospective Marriage visa.

• Partner in Australia on a substantive visa without a No Further Stay condition. Subclass 820 then Subclass 801. The partner must be in Australia when the Subclass 820 is lodged and granted.
• Partner in Spain or another country. Subclass 309 then Subclass 100. The partner must be outside Australia when the Subclass 309 is lodged and granted.
• Engaged couple, partner outside Australia. Subclass 300. The couple must marry within the visa period, and the partner then applies for a Subclass 820.

Both the onshore and offshore pathways are assessed in two stages. The temporary visa is decided first, and the permanent stage is assessed about two years after lodgement. The guide to the two-stage partner visa process explains this. The comparison of onshore and offshore partner visas and the answer on the difference between the Subclass 820 and Subclass 309 explain the choice.

For an engaged couple, the page on the Subclass 300 Prospective Marriage visa explains the fiancé pathway. A couple who plan to marry in Spain before the Spanish partner travels can also marry first and then lodge a Subclass 309. A sponsor partner from Spain strategy should compare the two options before any wedding date is fixed.

Can I sponsor partner from Spain while they are on a Work and Holiday visa?

Yes. A Spanish partner who holds a Work and Holiday visa (Subclass 462) and is in Australia can usually lodge a Subclass 820 application in Australia, provided the visa does not carry a No Further Stay condition and the other criteria are met.

Spain is one of the countries with a Work and Holiday arrangement with Australia. Many couples who sponsor partner from Spain met during that year. The Work and Holiday visa is a substantive visa. Lodging a valid Subclass 820 application while it is in effect usually results in the grant of a Bridging visa A, which generally comes into effect when the Work and Holiday visa ends. The guide on a partner visa on a working holiday visa explains the transition, and the guide to the partner visa bridging visa explains bridging visa rights.

The main risk is the de facto relationship requirement. A couple who are not married must generally show that they have been in a de facto relationship for at least 12 months immediately before the application, unless an exception applies. Many Work and Holiday relationships are shorter than that when the visa is about to expire. The guide on the 12-month de facto rule for Subclass 820 explains the requirement and its exceptions. A sponsor partner from Spain application lodged before the relationship meets this requirement can be refused.

Time also matters. If the Work and Holiday visa expires before a valid application is lodged, the Spanish partner becomes unlawful, and the Schedule 3 criteria then apply. The page on urgent partner visa lodgement explains how the firm handles applications when a visa is about to expire.

What if the Spanish partner is in Australia on an eVisitor or student visa?

A Spanish partner on an eVisitor (Subclass 651) or a student visa can usually lodge onshore if the visa does not carry condition 8503 and the partner is lawfully in Australia. The visa grant notice must be checked first.

Spanish citizens are generally eligible for the eVisitor (Subclass 651) because Spain is a member of the European Union. An eVisitor may or may not carry condition 8503 (No Further Stay). If condition 8503 applies, the partner cannot make a valid Subclass 820 application in Australia unless the condition is waived. The answer on condition 8503 and partner visas and the guide on the partner visa No Further Stay condition explain the rules.

Lodging onshore after arriving as a visitor is lawful where no bar applies, but the Department may look at what the partner said when applying for the visitor visa. The guide on applying for a partner visa while on a tourist visa explains this risk. A Spanish student who wants to sponsor partner from Spain pathways onshore should read the answer on moving from a student visa to a partner visa.

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

Yes, a Spanish partner can apply for a visitor visa or eVisitor while a Subclass 309 is being processed, but the partner must be outside Australia when the Subclass 309 is granted.

Couples who sponsor partner from Spain often want to spend time together in Australia while the offshore application waits. That is generally possible. The visitor visa is assessed on its own criteria, and the partner must intend to visit, not to stay. The answer on visiting Australia while a Subclass 309 is processed and the guide on visitor visas during partner visa processing explain the practical steps.

The partner should plan to leave before the decision is likely to be made. If the Department is ready to grant the Subclass 309 while the partner is in Australia, the grant cannot be made until the partner leaves. That can delay the outcome.

Spanish marriage certificates in a sponsor partner from Spain application

A marriage registered in the Spanish Civil Registry (Registro Civil) is generally recognised in Australia if it was valid where it took place and would be recognised under Australian law. The applicant provides a Spanish marriage certificate, with an English translation.

The Spanish Ministry of Justice issues marriage certificates (certificado de matrimonio) from the Civil Registry, including a literal certificate (certificación literal) that reproduces the full registry entry. A literal certificate is often more useful than a short extract because it shows the full details of the registration. Where a Spanish citizen married outside Spain, the marriage may need to be registered in the Spanish Civil Registry through the Spanish consular network before a Spanish certificate is available.

In a sponsor partner from Spain case, the marriage certificate proves that the couple are married. It does not prove that the relationship is genuine. The Department still assesses the four aspects of the relationship. The answer on whether a marriage certificate is enough for a spouse visa explains why. The guide on overseas marriages recognised in Australia and the guide on the partner visa marriage certificate explain the recognition rules.

Some couples who sponsor partner from Spain marry in Australia instead. A marriage in Australia requires a Notice of Intended Marriage lodged at least one month before the ceremony. The answer on the Notice of Intended Marriage explains the timing.

A religious ceremony in Spain that was never registered with the Civil Registry can create a problem. The question is whether a valid marriage exists under the law of the place it occurred. The answer on unregistered marriages and marriage visas explains how this is approached. If the marriage is in doubt, the couple can often rely on a de facto relationship instead.

Is a Spanish pareja de hecho registration enough to sponsor partner from Spain?

No. A Spanish pareja de hecho registration is helpful evidence of commitment, but it is not a registration under an Australian State or Territory law. It does not by itself remove the requirement for 12 months of de facto relationship before the application.

Many Spanish couples register as a pareja de hecho in a regional or municipal register in Spain. It is a strong piece of evidence that the couple publicly committed to each other. But the exception to the 12-month de facto requirement in the Migration Regulations 1994 applies to relationships registered under a law of an Australian State or Territory. A foreign registration is treated as evidence, not as that exception. The answer on overseas registered relationships and partner visas explains the position.

A couple who sponsor partner from Spain and have not yet lived together for 12 months can sometimes register their relationship in an Australian State or Territory that allows it. The answer on registering a relationship while the partner is overseas and the answer on registering a de facto relationship for a partner visa explain the options. The guide on de facto partner visas in Australia explains the de facto pathway generally.

The 12 months need not have been spent in Australia. A couple who lived together in Madrid, Barcelona or Valencia for a year can rely on that period. The answer on living together overseas for 12 months explains the evidence. A municipal residence registration (padrón) showing both partners at the same address can help prove that period.

Can a same-sex couple sponsor partner from Spain?

Yes. Same-sex couples can sponsor partner from Spain on the same terms as other couples. Spain has allowed same-sex marriage since 2005, and Australia recognises a valid overseas same-sex marriage.

A same-sex couple married in Spain can rely on the Spanish marriage certificate as evidence of the marriage. A couple who are not married can apply as de facto partners. The criteria, the evidence and the assessment are the same. The firm's page on LGBTI partner visas explains how these matters are handled, and the answer on same-sex marriage and spouse visas explains recognition.

Which Spanish police certificate does the applicant need?

The applicant needs a Spanish criminal record certificate, the Certificado de Antecedentes Penales, issued by the Spanish Ministry of Justice, if they lived in Spain for 12 months or more in total in the last 10 years since turning 16.

The Department's character requirements ask for police certificates from each country where the applicant has lived for 12 months or more in the last 10 years since age 16. For most Spanish partners that includes Spain. The Spanish Ministry of Justice accepts applications online, by post, and through Spanish consulates abroad. Official Spanish consular information confirms that foreigners who lived in Spain may also apply. The guide on partner visa overseas police certificates explains how certificates are handled across countries.

A Spanish partner who has been in Australia for 12 months or more also needs an Australian National Police Check. The guide on the partner visa AFP police check explains the application. If the partner has also lived in a third country, such as the United Kingdom, a certificate from that country may be needed too.

Police certificates have a limited validity period for visa purposes. A certificate obtained too early may expire before the decision. The answer on police certificate and health check validity explains the timing. If a Spanish certificate cannot be obtained, the answer on what to do if you cannot get a police certificate explains the options.

Does the sponsor need a Spanish police check?

Yes, if asked. If the Australian sponsor lived in Spain for 12 months or more, in total, in the relevant period since turning 16, the Department can ask the sponsor for a Spanish police certificate as well as an Australian National Police Check.

This is the point many couples who sponsor partner from Spain miss. The sponsor is often an Australian who lived in Spain for work, study or a long holiday, which is how the couple met. Regulation 1.20KC allows the Department to ask the sponsor for a police check from each country where the sponsor lived for 12 months or more. The request is sent 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.

Because foreigners who lived in Spain can apply for the Spanish certificate, an Australian sponsor can usually obtain it from Australia online or through the Spanish consular network. A sponsor who cannot obtain it should keep evidence of every attempt. The guide on partner visa sponsor police check requirements explains the sponsor's obligations, and the guide on what happens when a partner visa sponsor police check is not provided explains the refusal risk.

A sponsor partner from Spain application should identify these checks before lodgement. Gathering the sponsor's Spanish certificate early avoids a later request that can arrive when the sponsor is busy, travelling or no longer reading the email address used in the sponsorship.

How should Spanish documents be translated?

Every document in Spanish, Catalan, Basque, Galician or another 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 Spain application that usually need translation include the marriage certificate, the Certificado de Antecedentes Penales, a pareja de hecho certificate, the padrón certificate, a Spanish birth certificate for any child, and important Spanish-language messages or letters. The guide on partner visa evidence translation explains the requirements. The answer on translating a marriage certificate for a marriage visa and the answer on translating messages for a partner visa explain what to translate and what to summarise.

Spanish naming conventions also matter. Spanish citizens usually carry two surnames. Documents sometimes show one surname, sometimes both, and sometimes a hyphen. The answer on different names and dates across documents explains how to deal with inconsistencies before the Department raises them.

How do you prove the relationship when you sponsor partner from Spain?

You prove the relationship by 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. A sponsor partner from Spain application should show each aspect in both countries where the couple have lived.

The guide to the four pillars of a partner visa explains the framework. In a Spanish case, the evidence usually looks like this:

• Financial. Joint accounts in Spain or Australia, shared rent, transfers between Spanish and Australian accounts, and shared travel costs. The guide on partner visa financial evidence explains what carries weight.
• Household. A shared lease in Spain or Australia, the padrón certificate, household bills, and evidence of shared domestic responsibilities. The guide on partner visa household evidence explains this aspect.
• Social. Evidence that the couple are known as a couple to family and friends in both countries, joint travel, invitations, and Form 888 statements. The guide on partner visa social evidence explains what helps.
• Commitment. The length of the relationship, plans to live in Australia, knowledge of each other's circumstances, the pareja de hecho registration if there is one, and contact while apart. The guide on partner visa commitment evidence explains this aspect.

There is one relationship statement for the couple. It is the couple's own account, written in their own words and checked by them for accuracy. The guide on the partner visa relationship statement explains what it should cover.

Supporting statements from friends and family in Australia are made on Form 888. Statements from Spanish family members can also be given, and the answer on statements from overseas friends explains how they are used. The guide on Form 888 for a partner visa explains who can sign and what to include.

Language can be a quiet strength in a sponsor partner from Spain case. A sponsor who has learned Spanish, or a couple who communicate in two languages, can explain this in the relationship statement. The answer on couples who speak different languages explains how the Department looks at communication.

What if the Australian sponsor lives in Spain?

An Australian sponsor who lives in Spain can still sponsor partner from Spain, usually through the offshore Subclass 309 pathway, but the couple must intend to live together in Australia and the sponsor must show that intention.

A sponsor who has lived in Spain for years may have no Australian address, no Australian job and no Australian lease. That is common and is not a bar. But the Department will look for evidence that the couple genuinely plan to live in Australia, such as job applications, a plan for accommodation, the sponsor's return arrangements and family support in Australia. The guide on a partner visa sponsor living overseas and the guide on a sponsor returning to live in Australia explain this. The answer on whether an Australian living overseas can sponsor a partner gives a short summary.

A sponsor who has lived in Spain for 12 months or more should also expect the Spanish police check request explained above. A sponsor partner from Spain application lodged from Spain should include the sponsor's Spanish certificate where it is likely to be requested.

When the Subclass 309 is granted, the visa will carry a first entry date. The guide on the partner visa first entry deadline explains this date and why it matters.

What are the steps to sponsor partner from Spain?

The steps to sponsor partner from Spain are: confirm the sponsor's eligibility, choose the onshore or offshore pathway, gather Spanish and Australian documents, prepare relationship evidence, lodge the visa application and sponsorship, and respond to every Department request on time.

In practice, a sponsor partner from Spain matter usually follows this order:

• Check the sponsor. Confirm the sponsor's status, any previous partner sponsorships, any criminal history and every country the sponsor has lived in for 12 months or more.
• Check the Spanish partner's visa. If the partner is in Australia, read the grant notice for condition 8503 and the expiry date. If the visa expires soon, plan the lodgement date first.
• Choose the relationship basis. Decide whether the couple will apply as spouses or as de facto partners, and whether the 12-month de facto requirement is met or an Australian registration is needed.
• Order the Spanish documents. Request the literal marriage certificate, the Certificado de Antecedentes Penales for the applicant and, where relevant, the sponsor, the pareja de hecho certificate and the padrón certificate.
• Arrange translations. Have every Spanish-language document translated into English.
• Build the evidence. Organise evidence across the four aspects and draft the couple's relationship statement and Form 888 statements.
• Lodge. The visa application is lodged in ImmiAccount and the sponsor completes the sponsorship. The guide on how to apply for a partner visa explains the online process.
• Health and biometrics. Complete health examinations and any biometrics request when asked.
• Respond to requests. Answer section 56 requests and any sponsor police check request within the time allowed.
• Prepare for the second stage. Keep collecting evidence for the permanent stage, which is assessed about two years after lodgement. The guide on partner visa second stage documents explains what is needed.

The order matters. A couple who sponsor partner from Spain and order documents before checking the visa expiry date can miss the lodgement window. A couple who lodge before checking the sponsor's history can find the sponsorship blocked months later. The guide on the partner visa sponsor risk assessment before lodgement explains how sponsor risks are identified early, and the guide to partner visa sponsor documents lists what the sponsor provides.

After grant, the sponsor's undertaking continues. The sponsor agrees to provide 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 what this means in practice.

How much does it cost to sponsor partner from Spain?

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 sponsorship fee on top of this charge.

The application charge covers both stages of the partner visa. Other costs, such as police certificates, translations, medical examinations and travel, depend on the couple's circumstances. 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 it.

The Department does not publish a fixed processing time that a sponsor partner from Spain couple can rely on. The guide on partner visa processing times explains how processing works, without promising a timeframe.

What are the common mistakes when you sponsor partner from Spain?

The most common mistakes are lodging a de facto application before 12 months of de facto relationship, missing condition 8503 on a visitor visa, forgetting the sponsor's own Spanish police check, and relying on a pareja de hecho registration as if it were an Australian registration.

Other mistakes seen in sponsor partner from Spain matters include:

• Letting the Work and Holiday visa expire. Lodging after the visa ends brings in Schedule 3.
• Inconsistent surnames. Using one surname in some forms and two in others without explanation.
• Untranslated evidence. Uploading Spanish documents without English translations.
• An expired certificate. Obtaining the Certificado de Antecedentes Penales too early.
• Ignoring Department emails. A sponsor who does not respond to a request under regulation 1.20KC within a reasonable time can cause the sponsorship to be refused.
• A thin relationship statement. Describing the relationship in a few lines rather than giving a clear account of how it developed in Spain and Australia.

The guide on common partner visa application mistakes explains each risk in more detail. A pre-lodgement partner visa application review can identify these problems before they cause a refusal.

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

A refusal of a Subclass 820 or Subclass 309 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 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant also applies in their own name. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727. The guides on the partner visa appeal deadline, on who can lodge a partner visa appeal and on partner visa ART fees explain the process. The answer on who applies for review of an offshore refusal explains the Subclass 309 position.

Before a refusal, the Department will often ask for more information under section 56 or put adverse information to the applicant under section 57. Those letters are the best opportunity to fix a problem. The guides on responding to a section 56 request and on the section 57 natural justice letter explain how. The firm's partner visa refusals page explains the review work the firm does.

How My Migration Lawyers helps you sponsor partner from Spain

My Migration Lawyers acts for Australian sponsors and their Spanish partners in partner visa matters, from the first assessment to the permanent stage and, where needed, Administrative Review Tribunal review. The firm deals with complex cases, acts in many partner visa matters of this type, and is capable of handling a sponsor partner from Spain application where the facts are not straightforward.

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

• Assessing the sponsor's eligibility, including previous sponsorships under regulation 1.20J and any police check issues under regulation 1.20KC.
• Checking the Spanish partner's current visa, including a Work and Holiday visa, student visa or eVisitor, for condition 8503 and expiry dates, and advising whether to lodge onshore or offshore.
• Advising on the Spanish documents: the marriage certificate from the Civil Registry, the Certificado de Antecedentes Penales, the pareja de hecho certificate and the padrón certificate, and their English translations.
• Identifying the sponsor's own Spanish police check where the sponsor lived in Spain for 12 months or more.
• Organising relationship evidence from two countries 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.
• Responding to section 56 requests and section 57 letters.
• Acting in Administrative Review Tribunal review if a sponsor partner from Spain application is refused.

Consultations are by video, so the firm can advise a sponsor in Australia and a partner in Spain at the same time. The firm has partner visa lawyers in Sydney, Melbourne, Brisbane and Perth. Partner visa matters are supervised by Weiwei Zhang, Principal Lawyer. The firm's partner visa questions page answers many common questions, and the contact page explains how to reach the firm.

If you want to sponsor partner from Spain and want the application prepared correctly the first time, Book a Consultation with My Migration Lawyers, or call 1300 040 300.