Partner Visa Sponsor: What the Australian Partner Must Do

A partner visa sponsor is the Australian partner who sponsors the applicant, and the role is far larger than signing one form. A partner visa sponsor lodges the sponsorship, gives the Department evidence about the relationship and about themselves, answers questions during processing, keeps their information accurate, and signs an undertaking to support the applicant. If you are about to become a partner visa sponsor, this guide explains what you will actually have to do, in order, from the decision to apply to the grant of the permanent visa.

The guide is written for the Australian partner. It covers the onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 Prospective Marriage visa. For the wider picture of every partner pathway, read our complete guide to partner visas in Australia.

What is a partner visa sponsor and what do they do?

A partner visa sponsor is the spouse, de facto partner or (for the Subclass 300) fiancé or fiancée of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and who formally sponsors the applicant through an approved sponsorship. Where the Australian partner is under 18, the sponsor is instead a parent or guardian of that partner who is at least 18 and holds one of those statuses (paragraph 820.211(2)(c); clause 309.213).

In practical terms, the partner visa sponsor has six jobs:

• Confirm that they can sponsor, and that no sponsorship limitation stands in the way.
• Lodge the sponsorship, linked to the applicant's visa application.
• Contribute to the relationship evidence, including the couple's relationship statement.
• Provide personal documents, declarations and, where children are included, police checks.
• Respond to the Department during processing and keep information current.
• Honour the sponsorship undertaking and stay involved until the permanent visa is decided.

The partner visa sponsor is not the visa applicant. The applicant applies for the visa and must meet the visa criteria. The sponsor applies to have the sponsorship approved, and the sponsorship is itself a criterion for grant. The two applications are separate, but they stand or fall together. A refused sponsorship means a refused visa.

Many online explanations treat sponsorship as a formality completed at the start. That is wrong. The sponsorship must be approved and remain in force at the time the visa is decided (820.221(4); 309.222(1); 300.222(1)). That means the partner visa sponsor carries a continuing role until the end. Our page for partner visa lawyers explains how My Migration Lawyers supports both partners across that whole period.

Before lodgement: what a partner visa sponsor must check and decide

Before anything is lodged, a partner visa sponsor must confirm that they are eligible to sponsor, that no sponsorship limitation applies, and that the couple has chosen the right subclass and timing. Mistakes at this stage are the most expensive, because the visa application charge is paid at lodgement.

Eligibility, in brief

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. A temporary visa holder cannot sponsor, as our answer on whether a temporary visa holder can sponsor a partner explains. For the full gateway test, see the firm's answer on who can sponsor a partner visa and our guide to partner visa eligibility. This guide does not repeat that test. It assumes you can sponsor and explains what you must then do.

Sponsorship history and limitations

A partner visa sponsor must disclose every earlier partner or fiancé sponsorship and any partner visa they were granted themselves. Regulation 1.20J limits a person to two approved partner sponsorships, with five years between them, and stops a person who was sponsored as a partner from sponsoring until five years after their own application, unless compelling circumstances affecting the sponsor justify a waiver. The rules are explained in detail in our article on partner visa sponsorship limitations and on the firm's sponsorship limitations service page. If you have sponsored before, read our answer on sponsoring again after a previous sponsorship before you lodge anything.

Criminal history and children

A partner visa sponsor with any conviction or pending charge should take advice before lodgement. Most convictions do not prevent sponsorship. But some offences can, particularly where a child under 18 is included in the application (regulations 1.20KB and 1.20KC). Our answer on a sponsor with a criminal record explains when this matters.

Choosing the subclass and the timing

The sponsor's circumstances shape the choice of visa. Where the applicant is in Australia, the couple usually considers the Subclass 820 and Subclass 801. Where the applicant is overseas, the Subclass 309 and Subclass 100 apply. Couples who are engaged but not yet married may use the Subclass 300. Our comparison of onshore and offshore partner visas sets out the differences. A partner visa sponsor who lives overseas can still sponsor, as our answer on an Australian living overseas sponsoring a partner explains, but the evidence of the couple's plan to live in Australia then needs care.

Money and the undertaking

There is no minimum income test for a partner visa sponsor. The firm's answer on whether a sponsor needs a minimum income explains why, and our article on partner visa income requirements covers the financial evidence that does matter. The application charge can be paid by either partner, as our answer on who pays the partner visa fee confirms. What the partner visa sponsor must think about seriously is the undertaking, which is explained later in this guide.

How and when does a partner visa sponsor lodge the sponsorship?

A partner visa sponsor lodges the sponsorship online through their own ImmiAccount, using the "Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)" application, which is linked to the applicant's visa application. The form is commonly called Form 40SP. Our answer on Form 40SP for a partner visa explains its parts.

The usual order of lodgement

In most cases the applicant lodges the visa application first. The sponsor then lodges the sponsorship and links it to that application, so the Department can assess the two together. The sponsor answers questions about their identity, their status in Australia, their relationship history, any earlier sponsorships, and any convictions or charges. The sponsor then uploads their own documents. The firm's answer on the documents a partner visa sponsor provides lists them, and our partner visa document checklist shows how they fit with the applicant's documents. Our guide to partner visa ImmiAccount uploads explains how to attach them correctly.

Is the sponsorship a validity requirement?

For most applicants, no. A valid Subclass 820 or Subclass 309 application can be made without the sponsorship being lodged at the same moment. The Subclass 300 can also be validly made without it, although it cannot be granted without an approved sponsorship.

The important exception is an applicant subject to section 48 of the Migration Act, which applies to many people in Australia who have had a visa refused or cancelled since their last arrival. For a section 48 applicant, a completed sponsorship form signed by the sponsoring spouse or de facto partner is required for the combined Subclass 820 and Subclass 801 application to be valid (subparagraph 1124B(3)(e)(ii) of Schedule 1). If the partner visa sponsor has not completed the sponsorship by the time of lodgement, the application may be invalid. Our answer on section 48 and partner visas and our article on the section 48 bar for partner visas explain the bar.

Lodging soon, not eventually

Even where the sponsorship is not a validity requirement, a partner visa sponsor should lodge promptly. The Department cannot approve a sponsorship it has not received. In Manalo (Migration) [2024] AATA 1927, the headnote records that the sponsorship form and other requested material had not been provided to the Department. The Tribunal remitted the matter. A review is a slow and costly way to fix a form that could have been lodged at the start. Our article on partner visa application mistakes lists other avoidable errors at lodgement.

Consent to disclosure

The partner visa sponsor must consent to the Department disclosing to each applicant included in the sponsorship any conviction of the sponsor for a relevant offence (820.221(4)(b); 309.222(2)). Convictions that have been quashed or pardoned are disregarded. This consent is part of the sponsorship and cannot be withheld if the sponsorship is to be approved.

The partner visa sponsor's part in the relationship evidence

The partner visa sponsor shares responsibility for the relationship evidence, because the Department assesses the relationship as a whole and much of the proof comes from the Australian partner's own records and account. The applicant must show a genuine and continuing relationship, a mutual commitment to a shared life to the exclusion of all others, and (for de facto couples) that the couple lives together or does not live separately on a permanent basis. Our answers on a genuine and continuing relationship and on mutual commitment to the exclusion of all others explain these tests.

The one relationship statement

A partner visa application has one relationship statement. It is the couple's own account of how they met, how the relationship developed, how they live now and what they plan for the future. The partner visa sponsor contributes to it and must be able to stand behind every date and event in it.

A common error in online guidance is to describe "four statements", one for each aspect of the relationship. There are not four statements. The four aspects are matters the Department assesses, not documents the couple writes. Our guide to the partner visa relationship statement and the firm's answer on writing the relationship statement explain what a complete account covers. Where each partner has written their own account, our answer on separate relationship statements explains how to keep them consistent.

Joint documents across the four assessed aspects

The Department considers the circumstances of the relationship under four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment to each other (reg 1.15A(3) for spouses; reg 1.09A(3) for de facto partners). The partner visa sponsor usually holds much of this evidence. It includes leases or mortgage documents, joint bank statements, shared bills, insurance, travel records, and messages over time.

Our articles on the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment explain each aspect. Our overview of the four aspects of a partner visa relationship shows how they work together, and our guide to partner visa relationship evidence explains how much is enough.

Where the partner visa sponsor lives apart from the applicant for work, family or visa reasons, the sponsor's records of visits, money transfers and daily contact become central. In To (Migration) [2023] AATA 4331, the headnote refers to money transfers and the sponsor's multiple visits to Vietnam. In HOANG (Migration) [2020] AATA 2156, it refers to the sponsor's extensive visits to the applicant. Both matters were remitted. Our article on living apart for work covers how to present periods apart.

Form 888 witnesses

The partner visa sponsor usually arranges most of the supporting witnesses. Supporting statements are made on Form 888 by Australian citizens or permanent residents who know the couple. They are Form 888 statements, not the couple's own statement. Our guide to Form 888 witness statements explains the form, and our answers on who can sign Form 888 and what a Form 888 should say help the sponsor choose and brief witnesses properly. Witnesses must write in their own words about what they have observed. A partner visa sponsor should never draft a witness's statement for them.

Identity, status and previous relationships

The partner visa sponsor must prove their identity and their status: an Australian passport or citizenship certificate, evidence of permanent residence, or evidence of eligible New Zealand citizen status. Our answer on how to prove a sponsor is an Australian citizen explains the usual documents. The sponsor must also provide evidence that any earlier marriage has ended, and details of any earlier sponsorship. Our article on previous relationships and partner visas explains why this history matters.

Police checks and declarations when children are included

Where an applicant under 18 is included in a Subclass 300, Subclass 309 or Subclass 820 application, the partner visa sponsor must generally provide police checks so the Department can assess the protection-of-children rules in regulation 1.20KB. The sponsor provides a "Complete Disclosure" Australian National Police Check if they have spent 12 months or more in Australia since turning 16. The sponsor also provides a police certificate from each other country where they spent 12 months or more in total in the last 10 years since turning 16. A "Standard Disclosure" certificate is not acceptable.

The sponsorship form also asks the partner visa sponsor to declare convictions and pending charges relating to persons under 18. Those declarations must be complete and accurate. A sponsorship may be refused if a requested police check is not provided within a reasonable time (reg 1.20KB(12)). Department policy gives at least 28 calendar days to respond after a letter warning that refusal is being considered.

Our articles on the AFP police check for partner visas and on overseas police certificates explain how to obtain them, and the firm's answer on the police check for a partner visa summarises the requirement. Where children are included, the sponsor may also need to help with custody evidence. Our guides on adding children to a partner visa and on child custody and consent explain those steps.

Two Tribunal headnotes show the role these documents play. In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, the headnote refers to insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check. In Kim (Migration) [2020] AATA 2827, it records that a National Police Clearance from the AFP and a records check from the Korean National Police Agency were provided. Both matters were remitted. The lesson for a partner visa sponsor is simple. Provide the police checks and declarations completely, and early.

If you have a charge that has not led to a conviction, read our answer on disclosing charges without a conviction. A partner visa sponsor should never leave a charge undisclosed on the basis that it seems minor.

Interviews, home visits and requests during processing

During processing, a partner visa sponsor may be asked for further documents, asked to attend an interview, or contacted by the Department about the relationship, and the sponsor should respond fully and within the time given. The Department can assess the sponsorship and the visa together, so a gap on the sponsor's side delays both.

Requests under section 56 and section 57

Under section 56 of the Migration Act, the Department may invite further information. Under section 57, it must generally give particulars of adverse information that would be a reason, or part of a reason, for refusal, and invite comment. These letters usually go to the applicant or the representative, but they often concern the sponsor's documents, the sponsor's account or the sponsor's history. Our articles on the partner visa section 56 request and on section 57 adverse information explain how to respond. The firm's answers on a section 56 request for a partner visa and on the section 57 natural justice letter cover the deadlines. Where the Department asks for more relationship evidence, see our answer on what to do when Home Affairs asks for more relationship evidence.

Interviews

The Department may interview the partner visa sponsor, the applicant, or both, sometimes separately and sometimes by telephone. The questions usually cover how the couple met, daily life, finances, families and future plans. Answers must be truthful and consistent with the relationship statement and the forms. Our guides to partner visa interview questions and to the partner visa telephone interview explain what to expect, and our answer on the spouse visa interview covers married couples. Differences between the partners' answers are a common source of concern, as our article on partner visa interview inconsistencies explains.

Home visits

The Department may also visit the home. A partner visa sponsor who shares the home should expect to be part of that visit. Our article on the partner visa home visit and our answer on a Department home visit explain what happens.

Adding evidence while waiting

A partner visa sponsor does not stop contributing once the application is lodged. The couple can add evidence as the relationship continues, which is useful because processing can take a long time. Our guide to partner visa evidence after lodgement explains how. Partner visa applications have high processing priority under Ministerial Direction 102, which our article on partner visa priority processing discusses, but priority does not remove the need for current evidence.

Keeping the Department informed: changes a partner visa sponsor must report

A partner visa sponsor must make sure the Department always has accurate information about the sponsor and the relationship, because the sponsorship must remain in force at the time of decision and section 104 of the Migration Act requires changes in circumstances to be notified. Section 104 places the formal duty on the applicant. In practice, many reportable changes are changes in the sponsor's life.

Changes that commonly need to be reported include:

• a new residential address or contact details for either partner;
• a new passport for the sponsor or the applicant;
• the birth of a child, or a change in the children included;
• a new criminal charge or conviction for the sponsor;
• a change in the sponsor's own status or residence;
• a separation, even a temporary one, or the end of the relationship.

Changes are usually notified on Form 1022, or Form 1023 where an earlier answer was incorrect. Our guides on Form 1022 for a partner visa, the partner visa change of circumstances and the partner visa change of address explain the process. The firm's answer on moving house during a partner visa gives a short practical summary.

Where an earlier answer was wrong, correct it honestly rather than leave it. Inconsistent information is one of the most common reasons the Department doubts a relationship, as our article on conflicting statements in a partner visa explains. A partner visa sponsor who keeps the record accurate protects the application and avoids questions under public interest criterion 4020.

The sponsorship undertaking: what a partner visa sponsor promises

A partner visa sponsor signs an undertaking to support the applicant, which in substance means ensuring adequate accommodation and providing financial assistance as required to meet the applicant's reasonable living needs for up to two years from arrival in Australia, or from visa grant if the applicant applied in Australia. The undertaking is a genuine promise to the Commonwealth, not a formality.

The undertaking is not an income test. A partner visa sponsor who is a student, retired, self-employed or receiving income support may still sponsor. The firm's answer on a sponsor on Centrelink and our article on partner visas and Centrelink explain the consistency issue that does matter: what the couple tells Centrelink about the relationship must match what it tells the Department.

The Department's family sponsorship guidance also asks sponsors to think carefully about the longer term cost of supporting a migrating partner before signing. A partner visa sponsor should read the undertaking wording in the form itself before signing it. The obligations continue after grant, even though the Department rarely needs to enforce them in a relationship that is going well.

There is one point on which much online content is confused. An Assurance of Support is a separate scheme used for some other family visas. It is not ordinarily part of a partner visa. A partner visa sponsor should not be told to arrange one.

The partner visa sponsor's role at the second stage (Subclass 801 or Subclass 100)

At the second stage, the partner visa sponsor does not lodge a new sponsorship, but must provide updated evidence and remain in the relationship, because the permanent visa is decided on whether the relationship is still genuine and continuing at that time. Partner visas are two-stage visas. The Subclass 820 leads to the Subclass 801, and the Subclass 309 leads to the Subclass 100. Our guide to the partner visa two-stage process and our comparison of the Subclass 820 and Subclass 801 explain the structure.

A sponsor of a two-stage partner visa is counted once, not twice, for regulation 1.20J. The original sponsorship carries through. Department guidance confirms that a sponsor may withdraw sponsorship at any time before the permanent partner visa is decided, which shows that the sponsorship remains live for the entire process.

At the second stage, the partner visa sponsor typically helps provide:

• updated joint financial and household documents for the period since lodgement;
• an updated account of the relationship;
• fresh Form 888 statements;
• police certificates, if the Department asks for them.

Our guide to partner visa second stage documents and the firm's answer on Subclass 801 second stage documents list what is usually needed. Our answer on when to apply for the 801 clarifies that no second application is lodged. For couples who need help at that point, the firm's article on a partner visa second stage lawyer explains how it assists. After the permanent visa, many applicants look towards citizenship, which our article on the partner visa citizenship pathway discusses.

What happens if the partner visa sponsor withdraws, the relationship ends or the sponsor dies?

If the partner visa sponsor withdraws or the relationship ends before the visa is decided, the application is not automatically finished, but it will usually be refused unless an exception applies, such as family violence by the sponsor, the sponsor's death, or a child of the relationship for whom custody, access or maintenance arrangements are in place. The Department must still make a decision.

Withdrawal by the sponsor

A partner visa sponsor can withdraw the sponsorship by writing to the Department before the visa is decided. The applicant's agreement is not needed. The Department treats withdrawal as evidence that the relationship is not continuing, and will generally invite the applicant to comment before deciding. The firm's answer on whether a sponsor can withdraw sponsorship explains the process. If the couple reconcile, the sponsor can confirm support again with evidence that the relationship has resumed. Our answer on a sponsor who withdraws and then reconciles covers that situation.

The relationship ends

Where the relationship ends, the Department must be told. Our answer on notifying Home Affairs that a relationship has ended explains how. Clause 820.221(3) allows the visa to continue in limited cases, including where there is a child of the relationship and the applicant has custody or access rights, or the sponsor has maintenance obligations for the child under a court order or a formal agreement. Our articles on partner visa relationship breakdown and on Subclass 820 relationship breakdown explain the options. In Phan (Migration) [2020] AATA 513, the headnote records that the relationship had ceased, the sponsorship was withdrawn, and there was a child of the relationship. The matter was remitted.

Family violence by the sponsor

Where the relationship ends because of family violence by the sponsor, the special provisions in Division 1.5 of the Migration Regulations may allow the applicant to continue (820.221(3)). A partner visa sponsor cannot use withdrawal to end the applicant's chances where family violence has occurred. In Haikin (Migration) [2019] AATA 3241, the headnote refers to a withdrawn sponsorship and a family violence victim, and the matter was remitted. The firm's family violence partner visa page, our guide on partner visa family violence, our article on family violence evidence and our answer on help with an abusive sponsor explain the provisions.

The sponsor dies

Where the partner visa sponsor dies, clause 820.221(2) allows the applicant to continue in certain circumstances, including where the relationship would have continued and the applicant has close ties to Australia. In Mulungu (Migration) [2020] AATA 1815, the headnote records that the sponsor had passed away and the applicant was the sole beneficiary of the sponsor's will. In Phung (Migration) [2023] AATA 3642, it refers to a genuine relationship before the sponsor's death. Both matters were remitted. Our article on a partner visa after the partner's death and the firm's answer on what happens if the partner visa sponsor dies explain the requirements.

A new partner

A sponsor cannot simply be swapped. A new relationship generally needs a new application and a new sponsorship assessment. The firm's answer on changing the sponsor on a partner visa explains why.

Who applies for review if the partner visa is refused?

Who applies for review depends on the visa: for a refused Subclass 820, the applicant applies and must be in Australia when applying, while for a refused Subclass 309 or Subclass 300, the partner visa sponsor applies (s 338(5) for the Subclass 309). The application must be made to the Administrative Review Tribunal within 28 days after the day the applicant is notified of the decision, and the time limit cannot be extended.

This is a duty many sponsors do not know they have. For an offshore refusal, the applicant cannot lodge the review. The partner visa sponsor must act, and quickly. The firm's answer on who applies for review of an offshore refusal and our article on the partner visa appeal deadline explain the timing. Where the sponsorship itself was refused, our answer on a refused partner sponsorship sets out the options. The firm's partner visa refusals page and our guide to the partner visa ART review process explain what follows.

Common mistakes a partner visa sponsor makes

The most common mistakes a partner visa sponsor makes are lodging the sponsorship late or not at all, giving incomplete declarations, leaving the relationship evidence to the applicant, and failing to report changes. Each one can delay or defeat an application that would otherwise succeed.

• Treating sponsorship as a one-off form. The sponsorship must be in force when the visa is decided. The partner visa sponsor stays involved to the end.
• Not disclosing an earlier sponsorship. The Department checks sponsorship history. Non-disclosure creates a credibility problem on top of any limitation issue.
• Leaving out a charge or conviction. Declarations must be complete. Our article on undisclosed convictions explains the risk.
• Supplying a Standard Disclosure police check. Where children are included, only a Complete Disclosure check is acceptable.
• Describing "four statements". There is one relationship statement. The four aspects are assessed, not written as separate statements.
• Drafting witnesses' Form 888 statements for them. Witnesses must give their own account.
• Giving answers at interview that do not match the forms. Prepare by reading the relationship statement and the application again.
• Failing to update the Department. A move, a new passport or a separation must be reported.
• Not knowing who must lodge a review. For an offshore refusal, the partner visa sponsor must apply to the Tribunal within 28 days.

Our article on partner visa refusal reasons shows how many refusals trace back to these avoidable problems. For more questions about partner visas, browse the firm's partner visa questions hub.

How My Migration Lawyers helps a partner visa sponsor

My Migration Lawyers advises and acts for Australian partners at every stage of the sponsorship, from the first check of sponsorship history to the grant of the permanent visa. The firm deals with complex partner visa matters, acts in many matters where the partner visa sponsor's history, status or circumstances need careful handling, and is capable of managing sponsorship issues that other couples find daunting, such as an earlier sponsorship, a criminal record, children in the application or a relationship under strain.

For a partner visa sponsor, the work usually includes:

• Checking before lodgement. The firm reviews the sponsor's status, sponsorship history and any charges or convictions, and identifies any limitation or waiver issue before the application charge is paid.
• Preparing the sponsorship. The firm prepares the Sponsorship for a Partner to Migrate to Australia with the sponsor, links it to the applicant's application, and checks that every answer is consistent with the applicant's forms.
• Presenting the relationship evidence. The firm reviews the couple's relationship statement and documents across the four assessed aspects, identifies gaps and inconsistencies, and presents the couple's own account and evidence in the form the law requires. It never writes a different story for the couple.
• Managing Form 888 witnesses and police checks. The firm explains to witnesses what their Form 888 statements must cover in their own words, and confirms that the correct police checks are obtained where children are included.
• Handling the Department. The firm manages section 56 and section 57 correspondence, prepares both partners for interviews, and lodges change of circumstances notifications.
• Seeing it through. The firm prepares the second stage evidence for the Subclass 801 or Subclass 100 and advises immediately if the relationship changes, including where family violence or the death of the sponsor is involved.

The firm is led by Weiwei Zhang, Principal Lawyer. You can learn about My Migration Lawyers, about the firm's approach to complex partner visa applications, and about when an immigration lawyer helps with a partner visa. Our article on the work of a partner visa lawyer explains what professional help involves at each stage.

My Migration Lawyers acts for partner visa sponsors across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra and the Gold Coast. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. You can also contact My Migration Lawyers in writing.

Every partner visa sponsor's situation is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure the sponsorship is lodged correctly and on time, that the sponsor's evidence and declarations are complete and consistent, and that both partners understand each step until the permanent visa is decided.

Book a consultation with My Migration Lawyers to have your role as a partner visa sponsor checked before you lodge. You can also call us on 1300 040 300.