Partner Visa Sponsor Consultation: What to Bring

A partner visa sponsor consultation is a meeting between the Australian sponsor and a lawyer to assess whether the sponsor can sponsor a partner, which visa pathway fits, and what risks need to be dealt with before an application is lodged. What the sponsor brings to a partner visa sponsor consultation decides how much of that assessment can be completed in one meeting.

Most of the questions that change the advice are about the sponsor, not the applicant. Has the sponsor sponsored a partner before? Was the sponsor themselves sponsored as a partner? Does the sponsor have any criminal history? Is the sponsor an Australian citizen, a permanent resident or an eligible New Zealand citizen? Those facts determine whether the sponsorship can be approved at all. This guide sets out what to bring to a partner visa sponsor consultation, why each item matters, what the lawyer assesses, what the sponsor does not need to bring, and questions worth asking.

For the overall visa framework, the complete guide to partner visas in Australia explains each subclass and stage. The firm's partner visa lawyers page explains the work it does for sponsors, and the guide on what to expect at a partner visa lawyer consultation explains the meeting from the applicant's side.

Partner visa sponsor consultation: what should the sponsor bring?

The sponsor should bring proof of their Australian status, details of their own relationship and sponsorship history, any criminal history, the partner's passport and visa details, a short relationship timeline, details of any children, and every letter received from the Department.

In checklist form, the items most useful at a partner visa sponsor consultation are:

• Proof of status. An Australian passport, citizenship certificate, Australian birth certificate, or for a permanent resident, the visa details. An eligible New Zealand citizen should bring their New Zealand passport.
• Previous sponsorships. The name of any partner the sponsor sponsored before, the approximate date that visa application was made, and whether a visa was granted.
• The sponsor's own partner visa, if any. If the sponsor came to Australia as a sponsored partner, the approximate date of that application.
• Previous marriages. Marriage certificates and divorce orders for any previous marriage of either partner, or a death certificate if a previous spouse died.
• Criminal history. Any court outcome sheets, sentencing documents or police certificates the sponsor already holds, and a note of any charges currently before a court.
• The partner's details. A copy of the partner's passport biographical page and, if the partner is in Australia, the current visa grant letter if it is readily available.
• A relationship timeline. Key dates: when the couple met, when the relationship began, when they moved in together, any engagement or marriage, and any periods apart.
• Children. Birth certificates for any children of either partner, and any parenting orders.
• Department letters. Any request, natural justice letter, refusal, invalidity notice or other letter from the Department or the Administrative Review Tribunal.

None of this needs to be perfect. Copies or photographs are enough for a first meeting. The aim of a partner visa sponsor consultation is to identify the issues, not to lodge the application. The firm's guides to partner visa sponsor documents and the short answer on what documents a sponsor needs to provide explain the documents needed later for lodgement.

Why does proof of the sponsor's status matter?

Proof of status matters because only an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor a partner, and the type of status can affect timing, eligibility and the evidence the Department will ask for.

The Department's sponsorship form asks the sponsor to provide one form of identification with certified documentary evidence: an Australian or New Zealand passport number, an Australian citizenship certificate number, an Australian birth certificate number, or, for a permanent resident, a visa evidence number. The form also asks for the date the sponsor arrived in Australia, the date of permanent residence if different, the date the sponsor became a citizen if applicable, any other citizenships held, and any other names the sponsor has used.

At a partner visa sponsor consultation, the lawyer uses that information to answer questions such as:

• whether a permanent resident sponsor holds a visa that allows sponsorship, and whether there is any risk to that visa;
• whether an eligible New Zealand citizen meets the definition;
• whether a dual citizen should provide a second nationality's records;
• whether a sponsor living overseas needs to explain how they will meet the sponsorship obligations; and
• whether the sponsor's own status was recently obtained, which can raise questions about earlier sponsorship or relationship history.

The sponsorship form states that where the sponsor's residential address is not in Australia, the sponsor should attach a statement on how they will meet their sponsorship obligations. Sponsors living abroad should mention that when requesting a partner visa sponsor consultation.

The firm's guides to proof of the sponsor's citizenship or residence, sponsors who are Australian citizens, sponsors who are permanent residents, sponsors who are eligible New Zealand citizens, dual citizen sponsors and sponsors living overseas cover each situation. The short answers on who can sponsor a partner visa and how to prove a sponsor is an Australian citizen give the short version, and the guide to partner visa sponsor eligibility explains the rules in full.

Why does the sponsor's sponsorship and relationship history matter?

The sponsor's history matters because regulation 1.20J limits how many partners a person can sponsor and how soon, and a previous sponsorship that is not disclosed or not understood is one of the most common reasons a sponsorship cannot be approved.

In summary, regulation 1.20J provides that a person may enter into at most two approved partner or prospective spouse sponsorships. Even within that limit, a person who has sponsored a partner cannot have another partner sponsorship approved until at least five years after the first visa application was made. A person who was themselves sponsored as a partner cannot sponsor a partner until at least five years after their own visa application was made. The Department may approve a sponsorship that does not meet these requirements if there are compelling circumstances affecting the sponsor.

Department policy explains several details that make the history important to get right at a partner visa sponsor consultation:

• Only sponsorships that led to a visa grant count. A sponsorship connected to a refused application does not count, while one where the visa was granted counts even if the person never travelled to Australia.
• A two-stage partner visa counts once. The temporary and permanent stages of one application are one sponsorship.
• The five years runs to the decision date. The period is measured from the earlier visa application to the date the current sponsorship is approved or refused, not to the date of lodgement.
• Compelling circumstances are assessed broadly. Policy gives examples such as a dependent child of the sponsor and applicant, the death of the previous partner, a previous spouse abandoning the sponsor with dependent children, or a longstanding new relationship.

Published Tribunal decisions recorded in the firm's database of partner visa remittals show how this history is examined:

• In 1726920 (Migration) [2020] AATA 1519, a Subclass 820 matter, the issues recorded were the sponsorship limitation, a sponsor of two previous successful partner applications, compelling circumstances affecting the sponsor and separation from two previous wives. The Tribunal remitted the matter.
• In Dhindsa (Migration) [2019] AATA 5650, a Subclass 309 matter, the issues recorded were approval of sponsorship, that five years had not elapsed since the review applicant had been sponsored, and that the review applicant's previous application was withdrawn. The Tribunal remitted the matter.
• In Yanti (Migration) [2019] AATA 2460, a Subclass 820 matter, the issues recorded were sponsorship approval limitations, compelling circumstances, a previous partner deceased and a longstanding relationship. The Tribunal remitted the matter.

Each case turns on its own facts. These decisions show that dates, outcomes and the reasons a previous relationship ended can all matter. A sponsor who brings approximate dates and outcomes to the partner visa sponsor consultation allows the lawyer to work out whether the limitation applies and, if it does, whether a compelling circumstances case can be made. The firm's partner visa sponsorship limitations page, the guide on when a sponsor cannot sponsor a partner visa and the short answers on sponsoring more than one partner and sponsoring a partner after being sponsored explain the limitation.

Previous marriages and relationships

Previous marriages matter for a different reason. A person cannot validly marry while a previous marriage subsists, and a de facto relationship generally requires that neither partner is in another relationship of that kind. The Department's applicant form lists certified copies of marriage certificates, divorce orders or death certificates for previous relationships among the documents to provide. The guides on how previous relationships affect a partner visa, partner visas after divorce and which marriage certificates are accepted explain what is checked.

What criminal history should the sponsor bring to the consultation?

The sponsor should bring any court outcome sheets, sentencing documents and police certificates already held, and should tell the lawyer about any conviction or pending charge anywhere in the world, because the sponsorship can be refused for certain convictions under regulation 1.20KC.

Regulation 1.20KC applies to partner and prospective marriage visa applications made on or after 18 November 2016. It lists relevant offences, including offences involving violence against a person, harassment, molestation, intimidation or stalking, the breach of an apprehended violence order or similar order, firearms or other dangerous weapons, people smuggling, and human trafficking, slavery or slavery-like practices, together with attempts and aiding or abetting those offences. Where the sponsor has been convicted of a relevant offence and has a significant criminal record for it, the sponsorship must not be approved unless the Department considers it reasonable to approve it. Under regulation 1.20KD, a significant criminal record includes a sentence of imprisonment of 12 months or more, or two or more terms that together total 12 months or more.

That framework makes the court paperwork more important than the police certificate alone. At a partner visa sponsor consultation, the documents that help most are:

• the court outcome or certificate of conviction, showing whether a conviction was recorded and the penalty;
• any sentencing remarks, which show the circumstances and the court's view of the offence;
• any suspended sentence, parole or community order details, because a suspended sentence of imprisonment still counts towards the threshold;
• any police certificates already obtained, Australian or overseas; and
• details of any charge currently before a court, including the next court date.

The sponsor should also consent, when the time comes, to the Department disclosing relevant convictions to the applicant. Declining that consent means the relevant Schedule 2 criterion cannot be met. The lawyer will discuss that consent at the partner visa sponsor consultation, including whether the applicant already knows about the history.

A sponsor who has never been to court can say so. There is no need to obtain a police certificate before the consultation. The Department's policy for sponsors who are asked for police checks refers to an Australian Federal Police National Police Check showing "Complete Disclosure", and to overseas police certificates for countries where the sponsor has spent 12 months or more in total within the relevant period. The lawyer will advise which certificates are needed and when.

The firm's guides to partner visa sponsors with a criminal record, the relevant offences under regulation 1.20KC, the significant criminal record threshold under regulation 1.20KD and a conviction with no jail time explain the rules. The guides to sponsor police check requirements, the AFP police check and overseas police certificates explain the certificates, and the short answer on getting a lawyer when the sponsor has a criminal record explains how these matters are approached.

What relationship evidence should the sponsor bring?

The sponsor should bring a short timeline of the relationship and a small sample of key evidence, not the full evidence file, because the purpose of a partner visa sponsor consultation is to identify strengths and gaps across the four aspects of the relationship.

The Department assesses a partner relationship by looking at the financial aspects, the nature of the household, the social aspects and the nature of the commitment. For a partner visa sponsor consultation, a sponsor does not need to bring years of bank statements or every photograph. A short sample is more useful:

• Timeline. One page with the date the couple met, the date the relationship began, the date they started living together, any engagement or marriage, and any periods spent apart, with the reasons.
• Financial. One or two examples of shared finances, such as a joint account, shared bills or regular transfers.
• Household. A lease, mortgage or utility bill showing the shared address, if the couple live together.
• Social. A handful of examples showing the relationship is known to family and friends, such as invitations, travel together or messages from family.
• Commitment. Anything showing long-term plans, such as a wedding booking, a joint purchase or a will.

Where the couple have lived apart for long periods, the reasons matter more than the volume of evidence. The lawyer will want to know why, for how long, and how the relationship was maintained. The firm's guides to the four pillars of partner visa evidence, the partner visa relationship timeline, financial evidence, household evidence, social evidence and commitment evidence explain each aspect. The short answer on whether a lawyer can review relationship evidence before lodgement explains the next step after the consultation.

What should the sponsor bring if the couple are not married?

If the couple are in a de facto relationship, the sponsor should bring evidence of when the relationship began and when the couple started living together, and any relationship registration certificate. If the couple plan to marry, the sponsor should bring whatever evidence exists of the intention to marry and any wedding arrangements.

De facto couples

For a de facto partner visa, regulation 2.03A generally requires that the de facto relationship existed for at least 12 months immediately before the application was made. Department policy explains that the 12-month requirement does not apply where the relationship is registered under a law of an Australian State or Territory, where the applicant establishes compelling and compassionate circumstances, or in some humanitarian visa cases. Policy describes compelling and compassionate circumstances as a high threshold, gives examples such as a dependent child of the relationship or de facto relationships being illegal where the couple live, and states that a pregnancy at the time of application is not, by itself, considered to meet it. Policy also states that the 12 months must be immediately before the application, even if the couple were together at an earlier time and then separated.

That makes the start date of the relationship one of the most important facts at a partner visa sponsor consultation. A sponsor should bring a relationship registration certificate if there is one, and should be ready to explain when the couple began living together and whether there were any breaks. The guides to de facto partner visas in Australia and the Subclass 820 de facto 12-month requirement, and the short answer on whether a de facto visa can be refused for not meeting the 12-month rule, explain the rule.

Couples planning to marry

For a prospective marriage visa, the couple must be known to each other personally and must genuinely intend to marry within the visa period. Department policy expects a signed and dated letter from the authorised celebrant who will conduct the ceremony, giving the date or date range and the venue and, in most cases, confirming that a Notice of Intended Marriage has been lodged. Policy notes that the Subclass 300 visa is granted for a period of between 9 and 15 months and that the planned marriage must fall within it, and that a Notice of Intended Marriage is valid for a maximum of 18 months, so wedding arrangements are sometimes not yet made when the application is lodged.

A sponsor considering this pathway should bring any evidence of meetings in person, the engagement and any wedding plans to the partner visa sponsor consultation. The short answers on who can sponsor a prospective marriage visa, the requirement to have met in person and setting a wedding date for a fiancé visa explain the requirements.

What information about the partner's visa history is needed?

The lawyer needs the partner's passport details, current visa if the partner is in Australia, and the partner's own account of any previous refusals, cancellations or overstays, because the partner's history can decide whether an onshore application is possible.

For a partner in Australia, the type of visa held and its conditions are critical. A partner who holds a visitor visa with a "no further stay" condition, a partner whose visa has expired, or a partner who has had a visa refused or cancelled in Australia may face restrictions on applying onshore. The Schedule 3 criteria may also apply where the partner is not holding a substantive visa at the time of application. These are matters the lawyer will check carefully at a partner visa sponsor consultation, because getting them wrong can make an application invalid or lead to refusal.

The sponsor does not need to collect the partner's immigration records. A copy of the passport biographical page allows the lawyer to check the partner's current visa status and conditions. The partner's own recollection of previous applications, refusals or periods without a visa is usually enough at the first meeting. The short answers on what Schedule 3 means for a partner visa and on condition 8503 and a partner visa explain two of the most common issues, and the guide to a sponsor with their own visa history problems covers the sponsor's side.

Which Department letters should be mentioned first?

Any letter with a deadline should be mentioned when the partner visa sponsor consultation is requested, because response periods and review deadlines keep running regardless of when the meeting takes place.

The letters that carry the most urgency are:

• A section 56 request for more information, which sets a period for the response.
• A section 57 natural justice letter inviting comment on adverse information before a decision.
• A refusal decision. For a partner visa refusal, an application for review at the Administrative Review Tribunal must be made within 28 days after notification, or 7 days if the applicant is in immigration detention, and the time cannot be extended. The migration review application fee is AUD 3,727 for fees paid on or after 1 July 2026, payable within the same period, with a 50% reduction available for financial hardship.
• An invalidity notice, which may mean the application never existed in law and the partner's visa position needs to be checked immediately.
• A request to the sponsor for police checks or consent to disclose convictions.

The firm's short answers on what a section 56 request is, what a section 57 natural justice letter is and what documents to take to a lawyer about a refusal or invalid application explain each. Where lodgement or review is urgent, the firm's pages on urgent partner visa lodgement and urgent ART refusal applications explain how urgent matters are handled.

What about children and other family members?

The sponsor should bring birth certificates for any children of either partner and any parenting orders or custody arrangements, because children affect who can be included in the application and what consents are needed.

A child of the applicant can often be included in the partner visa application. Where a child under 18 is included and the other parent is not migrating, the consent of the other parent, or a court order, is usually required. The Department's applicant form refers to certified documents verifying custody and access arrangements for children under 18 unless the child is the child of both the applicant and the sponsor. Where children are included, the sponsor may be asked for an Australian Federal Police check and overseas police certificates.

Children who are not migrating still need to be declared, so they should be mentioned at the partner visa sponsor consultation too. The firm's guides to partner visa child custody and consent, Form 1229 for child consent and non-migrating children explain the requirements.

What does the lawyer assess in a partner visa sponsor consultation?

In a partner visa sponsor consultation, the lawyer assesses whether the sponsor can sponsor, whether the relationship meets the legal test, which visa subclass fits, what risks exist on either side, and what evidence and timing the application will need.

In practical terms, the assessment usually covers:

• Sponsor eligibility. Whether the sponsor is an Australian citizen, a permanent resident or an eligible New Zealand citizen, and whether there is any issue with that status.
• Sponsorship limitations. Whether regulation 1.20J applies because of a previous sponsorship, or because the sponsor was sponsored, and whether compelling circumstances can be shown.
• Sponsor character. Whether the sponsor has a conviction for a relevant offence under regulation 1.20KC and a significant criminal record under regulation 1.20KD.
• The relationship. Whether the couple are married or in a de facto relationship, whether the de facto relationship meets the 12-month requirement or an exception applies, and how strong the evidence is across the four aspects.
• The pathway. Whether the Subclass 820 partner visa onshore, the Subclass 309 partner visa offshore, or the Subclass 300 prospective marriage visa fits the couple's circumstances.
• The applicant's risks. Visa conditions, Schedule 3, previous refusals, health and character.
• Timing and cost. When the application can be lodged, and the government charges. The partner visa application charge for the combined Subclass 820 and 801, or Subclass 309 and 100, application is AUD 11,710 for most applicants at the time of writing, as shown by the Department of Home Affairs in October 2026.

At the end of a partner visa sponsor consultation, the sponsor should leave with a clear view of whether the sponsorship is likely to be approvable, which subclass to use, and what has to happen before lodgement. The firm's guides to partner visa requirements, the partner visa sponsor risk assessment before lodgement and partner visa government fees and other expenses explain these points in more detail.

What questions should a sponsor ask at the consultation?

A sponsor should ask whether they can sponsor, which subclass fits, what the main risks are, what the sponsor personally must provide and sign, and what happens next, so that the partner visa sponsor consultation ends with a clear plan.

Questions that help sponsors most include:

• Can I sponsor my partner, and does my previous sponsorship or relationship history affect that?
• Does anything in my criminal history engage regulation 1.20KC, and will the Department disclose it to my partner?
• Should we apply onshore or offshore, and is there any risk to my partner's current visa?
• What do I sign as sponsor, and what obligations does the sponsorship undertaking create?
• Which police certificates will I need, and when should I apply for them?
• What are the weakest parts of our relationship evidence, and how can we address them?
• Will you act for both of us, and how will information each of us gives you be handled?
• What happens if the Department sends a request or a natural justice letter?
• What are the government charges, and when are they paid?

The firm's guide to questions to ask a partner visa lawyer and the short answer on questions to ask before hiring a partner visa lawyer add more. The guides to what the sponsor signs in the undertaking and partner visa sponsor obligations after grant explain the sponsor's commitments.

What gaps does a partner visa sponsor consultation often uncover?

A partner visa sponsor consultation often uncovers small gaps in the sponsor's own history that would otherwise surface later as a Department request, such as other names, other citizenships, time lived overseas or an earlier sponsorship the sponsor did not think counted.

The sponsorship form asks questions that sponsors rarely think about until they sit down to complete it. Raising them at the consultation avoids delay later. The gaps most commonly identified are:

• Other names. The form asks whether the sponsor has been known by any other names, including a name at birth or a previous married name. Police certificates and identity documents must match.
• Other citizenships. The form asks about any nationality or citizenship other than Australian citizenship, including how and when it was acquired.
• Time lived overseas. A sponsor who has lived in another country for 12 months or more in total may need a police certificate from that country if police checks are requested.
• An earlier fiancé sponsorship. Department policy states that a prospective marriage sponsorship counts towards the limit where the visa was granted and the applicant travelled to Australia, even if the marriage never took place.
• A visa granted but not used. A sponsorship counts where a visa was granted even if the sponsored person never travelled to Australia.
• A recent change in the sponsor's own status. A sponsor who recently became a permanent resident or a citizen, or whose own permanent visa is under review, needs advice about timing.

Each of these can be handled when it is known. The guides to sponsors who recently became permanent residents, sponsors who recently became citizens and sponsors whose permanent residence is under cancellation explain the timing issues.

What does the sponsor not need to bring?

The sponsor does not need to bring original documents, a full evidence file, completed forms, or old immigration paperwork that the couple no longer have, because the lawyer can work from copies and can obtain much of the visa history directly.

A partner visa sponsor consultation is not the lodgement. Sponsors sometimes delay requesting a consultation while they search for documents that are not needed at that stage. The following can usually wait, or are not needed from the couple at all:

• Original certificates. Clear copies or photographs are enough for the first meeting.
• The full evidence file. A timeline and a small sample are more useful than hundreds of pages.
• Completed Department forms. The lawyer will prepare or guide the sponsorship and application forms after the consultation.
• Old immigration paperwork. Earlier visa grant notices, old application forms, previous passports or Tribunal papers that the couple do not keep are not needed for the consultation. The lawyer can check the partner's current visa status from the passport details and can obtain further records through official channels where needed.
• Police certificates. These are obtained once the lawyer has confirmed which ones are required and when.

What the sponsor should not leave out is information. A previous sponsorship, a conviction or a pending charge that is not mentioned cannot be assessed. The lawyer can only advise on what it knows.

Should the partner attend the partner visa sponsor consultation?

Usually, yes, but it is not essential, and either partner can ask to speak to the lawyer privately about any matter they are not comfortable raising in front of the other.

Having both partners present lets the lawyer hear each partner's account of the relationship and confirm details about the applicant's visa history directly. Where the partner is overseas, the partner can usually join from where they are. Where the partner's English is limited, an interpreter can help the partner understand the advice in their own language.

A partner visa sponsor consultation also raises the question of who the lawyer will act for. The sponsor and the applicant are separate clients with separate legal roles. One lawyer can often act for both under a joint retainer where each partner gives informed consent, but some matters, such as an undisclosed conviction or a previous sponsorship the other partner does not know about, need to be discussed privately first. The firm's guide to partner visa lawyers online and working by video explains how couples in different places attend together.

How is a partner visa sponsor consultation requested?

A partner visa sponsor consultation with My Migration Lawyers is requested through the firm's consultation request form, and it is held by video.

The request form asks for basic details about the sponsor, the partner and the situation. A sponsor can make the meeting more productive by:

• saying in the request whether there is a Department letter with a deadline;
• noting whether the sponsor has sponsored before, was sponsored, or has any criminal history;
• scanning or photographing the documents listed above so they can be shared; and
• confirming whether the partner will attend and from which country.

The firm's short answer on how to book a consultation with My Migration Lawyers and the guide to booking an immigration lawyer consultation explain the process. Sponsors with an existing refusal can read the short answer on what information is needed to assess review prospects, and those who have already lodged can read about reviewing a partner visa application before lodgement or the firm's partner visa refusals page.

How My Migration Lawyers helps at a partner visa sponsor consultation

My Migration Lawyers deals with complex partner visa cases, acts in many matters for Australian sponsors, and is capable of assessing a sponsor's eligibility, history and risks at a partner visa sponsor consultation and then carrying the matter through to lodgement and review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

At and after a partner visa sponsor consultation, the firm:

• confirms whether the sponsor is eligible and whether regulation 1.20J, 1.20KC or 1.20KD affects the sponsorship;
• identifies the right subclass and whether an onshore application is possible for the partner;
• checks the partner's current visa status and conditions using the passport details;
• identifies which police certificates the sponsor needs and when to obtain them;
• reviews the relationship timeline and sample evidence to identify gaps before lodgement;
• explains the sponsorship undertaking and the sponsor's obligations;
• presents each partner's own account and evidence in the form the law requires, with each partner reviewing and correcting their own statement, and Form 888 statements obtained from witnesses; and
• acts on any Department request, natural justice letter or review at the Administrative Review Tribunal.

The firm acts for sponsors across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Sponsors with a difficult history can read the short answer on whether there is a partner visa lawyer who handles complex cases.

A partner visa sponsor consultation is most useful before anything is lodged. Book a consultation with My Migration Lawyers, or call 1300 040 300.