Can a Lawyer Help Bring My Spouse From Brazil to Australia?

Should a couple with a Brazilian partner apply as married or de facto?

A couple with a Brazilian partner should apply on the basis that matches their legal position at the time of lodgement, which is either a recognised marriage or a de facto relationship. A Brazilian civil marriage is generally recognised in Australia if it was valid in Brazil. A stable union (união estável) is not a marriage for Australian purposes, but it can be strong evidence of a de facto relationship. Our article on the de facto partner visa and the 12-month rule explains when the 12-month requirement applies and when an exception may be available.

Can a Brazilian partner apply from inside Australia?

A Brazilian partner who is already in Australia on a substantive visa may be able to apply for the Subclass 820 partner visa onshore, provided the visa does not carry condition 8503 No Further Stay or a waiver has been granted. Partners on a student or working holiday visa should check their conditions before planning. Our page on the Subclass 820 visa explains the onshore pathway, and our article on onshore partner visas compares it with applying from Brazil.

Are same-sex couples with a Brazilian partner treated differently?

Same-sex couples with a Brazilian partner are assessed under the same partner visa criteria as any other couple. Same-sex marriages performed in Brazil are generally recognised in Australia, and couples who are not married can apply as de facto partners. The evidence needed is the same, although couples sometimes have fewer joint documents where family members were not told of the relationship. Our page on the LGBTI partner visa explains how these cases are prepared.

What Brazilian documents does the Department usually need?

The Brazilian documents the Department usually needs are the passport, a birth certificate, the marriage certificate or evidence of a stable union where relevant, and police certificates from Brazil and any other country where the applicant has lived for the period the Department specifies. Documents in Portuguese must be translated into English, and the translator's details must appear on the translation. Our article on partner visa evidence translation sets out the translation rules.

What evidence helps a relationship that started while travelling?

Evidence that helps a relationship that started while travelling shows how the couple moved from a holiday or study connection to a committed shared life. Useful evidence includes a joint lease, shared bills, travel taken together, messages over time and statements from friends in both countries on Form 888. Couples whose relationship has periods apart can read our article on the partner visa long-distance relationship.

How does My Migration Lawyers support couples with a partner from Brazil?

My Migration Lawyers supports couples with a partner from Brazil by first deciding the right pathway, onshore or offshore, married or de facto, before the government charge is paid. The firm checks the Brazilian partner's visa history and current conditions, organises translations of the Portuguese records and builds the relationship evidence around the couple's real history, including time spent in both countries. The Brazilian partner and the Australian sponsor can join one video consultation with our partner visa lawyers, whichever country each is in.