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

Which partner visa suits a couple with a Colombian partner?

The partner visa that suits a couple with a Colombian partner depends on where the partner is at lodgement and whether the couple is married, in a de facto relationship or engaged. A partner in Colombia usually applies for the Subclass 309/100, a partner in Australia on a suitable visa may apply for the Subclass 820/801, and an engaged couple may consider the Subclass 300. Our article on which partner visa pathway applies compares the options.

Does a Colombian de facto union count for an Australian partner visa?

A Colombian de facto union (unión marital de hecho) does not by itself make the couple de facto partners under Australian law, but a formal declaration of the union is useful evidence that the relationship exists and when it began. The Department still applies the Australian test, including the 12-month requirement unless an exception applies. Our article on the de facto partner visa and the 12-month rule explains that test in detail.

What if the Colombian partner is in Australia on a student or visitor visa?

A Colombian partner in Australia on a student or visitor visa may be able to apply for the Subclass 820 onshore, but only if the visa does not carry condition 8503 No Further Stay or the condition has been waived. A partner whose visa has expired faces Schedule 3, which requires compelling reasons. Our page on the Subclass 820 visa explains the onshore rules, and our article on the 8503 waiver explains when a waiver may be possible.

What documents from Colombia should be prepared early?

The documents from Colombia that should be prepared early are the civil registry records of birth and marriage, any declaration of a de facto union, records ending an earlier marriage, and police certificates from Colombia and any other country where the applicant has lived for the period the Department specifies. Documents in Spanish need English translations that show the translator's details. Our article on partner visa evidence translation explains what the Department accepts.

How should a couple show a relationship that crossed two continents?

A couple should show a relationship that crossed two continents by setting out a clear timeline of when they met, when they lived together, when they were apart and why, and how they stayed in contact. Flights, accommodation, shared expenses and messages support that timeline. Where the couple lived together in Colombia, a lease, utility accounts or letters addressed to both partners at the same address are particularly useful, because they show a shared household rather than a series of visits. Our article on the partner visa evidence timeline shows how to organise the history so the Department can follow it.

How does My Migration Lawyers help couples with a partner from Colombia?

My Migration Lawyers helps couples with a partner from Colombia by checking the partner's current visa and conditions before advising on any pathway, because the wrong choice can block an onshore application. The firm prepares the sponsorship and the application, manages Spanish translations and builds evidence that matches the couple's actual timeline in Colombia and Australia. Couples can speak with our partner visa lawyers by video, wherever each partner is living.