Partner Visa Sponsor in the Defence Force

A partner visa sponsor Defence Force member sponsors a partner under the same rules as every other Australian sponsor. There is no special partner visa pathway for members of the Australian Defence Force, and service does not lower or raise any legal criterion. What service does change is the evidence. For a partner visa sponsor, Defence Force life brings postings, deployments, sea time, training courses and long periods away, and each of those can make a genuine relationship look thinner on paper than it really is.

This guide is written for the partner visa sponsor Defence Force member in the Army, Navy or Air Force, whether permanent or reserve, and for the partner who is applying. It explains what the law actually requires, why time apart for service is not the same as living separately and apart on a permanent basis, and how to document postings, deployments, Defence housing and communication so the Department of Home Affairs can see the relationship clearly. For the wider picture, read our complete guide to partner visas in Australia. For advice on your own situation, our partner visa lawyers can review the evidence before anything is lodged.

Is there a special partner visa rule for a partner visa sponsor Defence Force member?

No. There is no special partner visa rule, concession or exemption for a sponsor who serves in the Australian Defence Force. The criteria for the Subclass 820 visa, the Subclass 801 visa, the Subclass 309 visa and the Subclass 100 visa apply in the same way to a partner visa sponsor, Defence Force member or civilian.

That point matters because some couples assume service will be treated as a reason to relax the evidence. It will not. A case officer must still be satisfied that the applicant is the spouse or de facto partner of the sponsor, that the relationship is genuine and continuing, that the couple have a mutual commitment to a shared life to the exclusion of all others, and that they live together or do not live separately and apart on a permanent basis.

The good news is the reverse is also true. Service is not a negative factor. Nothing in the law treats the partner visa sponsor's Defence Force career as a reason for doubt. The Department's own policy recognises that physical separation for work does not necessarily mean a couple have separated. Defence service is simply a well documented form of work that takes people away from home, and the evidence it generates can be very persuasive when it is used properly.

Who can be a partner visa sponsor in the Defence Force?

A partner visa sponsor must be the applicant's spouse or de facto partner, aged 18 or over, and an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Those are the same requirements for a partner visa sponsor, Defence Force member or not. Our answer to who can sponsor a partner visa sets them out in plain terms.

Membership of the Defence Force does not satisfy any of these requirements by itself. The sponsor still proves their status with the usual documents, such as an Australian passport, a citizenship certificate or a full birth certificate. Our guide on how to prove a sponsor is an Australian citizen and the list of documents a sponsor needs to provide explain what is usually needed.

The sponsorship is part of the visa decision

For a partner visa, the sponsor lodges the online "Sponsorship for a Partner to Migrate to Australia" through ImmiAccount. The Department does not decide the sponsorship separately. Its policy states that approval of a partner sponsor is a component of the decision to grant or refuse the visa, and that where a sponsorship is not approved, the visa must be refused. At the time of decision, the sponsorship must be approved and still in force.

That has a practical consequence for the partner visa sponsor's Defence Force schedule. The sponsor must complete the sponsorship, provide police certificates and respond to any request directed at them. A sponsor who is deployed or at sea when the Department asks for something can delay the whole application. Our page on what happens if a partner's sponsorship is refused explains the consequences.

Sponsorship limitations still apply

The sponsorship limitations in regulation 1.20J of the Migration Regulations 1994 apply to every partner visa sponsor. Defence Force service does not change them. A person can generally have no more than two approved partner sponsorships, cannot sponsor again within five years of an earlier sponsored application, and cannot sponsor within five years of their own partner visa application if they were themselves sponsored as a partner. The limitations can be waived in compelling circumstances affecting the sponsor. Our partner visa sponsorship limitations page and the guide on when a sponsor cannot sponsor a partner visa explain the rules.

Why Defence Force service creates evidence problems for a partner visa

Defence Force service creates evidence problems because the ordinary signs of a shared life are interrupted by service. The four aspects of the relationship that the Department assesses are the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Each of them can look weaker when one partner is regularly away.

A couple may have months without a shared address because the member is on a course or at sea. Bills may stay in one name because the other partner manages the household alone. Photographs together may stop for the length of a deployment. Friends may see the partner at social events without the member. None of this means the relationship is not genuine. It means the evidence needs to explain the gap rather than leave the case officer to guess.

For a partner visa sponsor, Defence Force records solve much of this problem. Unlike many workers who live apart, a serving member can usually obtain official confirmation of when they were posted, deployed, at sea or on leave. That official record turns a gap in the evidence into an explained, temporary separation. The partner visa sponsor's Defence Force records do not prove the relationship on their own, but they explain why the usual evidence looks the way it does. Our guide to the four aspects of a genuine relationship explains how they fit together.

Does time apart for postings and deployments mean living separately and apart?

No. Time apart because of a posting, deployment, sea time or training course does not mean a couple are living separately and apart on a permanent basis. Section 5F of the Migration Act 1958, for spouses, and section 5CB, for de facto partners, require a couple to live together or not live separately and apart on a permanent basis. The key word is permanent.

The Department's policy on married relationships says that physical separation for work or other reasons does not necessarily mean the parties have legally separated. Where a couple claim a separation is temporary, the decision maker considers the reasons for the separation and whether they are consistent with a mutual commitment to each other. For a de facto couple, the Department's policy also notes that the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 prevents a refusal solely because the couple were not living together at the time of application or at the time of decision.

For a partner visa sponsor, Defence Force service gives a clear and lawful reason for time apart. The task is to prove three things: that the separation was caused by service, that the couple stayed committed and in contact during it, and that they intend to live together when service allows. Our guides to partner visa temporary separation and living apart for work cover the general principles, and our answer on what counts as living together explains the test.

Deployments

A deployment is usually a defined period away from Australia or away from home, with a start and end date. For the partner visa sponsor's Defence Force deployment, the strongest evidence is confirmation of the dates, evidence of contact during the deployment, and evidence that the couple resumed their shared life on return.

Sea time

Where the partner visa sponsor's Defence Force role is in the Navy, long periods at sea with limited communication are normal. A gap in messages during sea time is not suspicious if the relationship statement explains it and confirmation of the sailing periods is available. Communication before departure and after return then carries extra weight.

Training courses and temporary duty

Courses and temporary duty can take a member interstate for weeks or months. These are short, temporary separations. Evidence that the partner visited, that the couple kept their home and finances together, and that the member returned home on leave answers any concern. Confirmation of course dates from the partner visa sponsor's Defence Force records shows exactly when the member was away.

Postings where the partner does not relocate

Sometimes the partner does not move with the member on a new posting, for example because of work, study or family. This is the situation most likely to draw questions, and it is where the partner visa sponsor's Defence Force posting history needs the most careful explanation. The couple should explain why they decided to live in different places for that period, how they maintain the relationship, and when they plan to live together again.

Reserve members

Reserve members are assessed in exactly the same way. Where the partner visa sponsor's Defence Force service is in the reserves, the member may combine civilian work with periods of training or full-time service. Those periods of service are temporary separations too, and the same kinds of confirmation help. A reserve member's civilian employment records and the couple's shared household usually carry most of the evidence, with service records explaining any time away.

Our guide on repeated separations and the answer on whether time apart breaks the 12-month de facto requirement deal with related questions.

Partner visa sponsor Defence Force evidence of service-related separation

The most useful partner visa sponsor Defence Force evidence is official confirmation of where the member was, and when, during each period the couple were apart. A case officer who can see that a gap in the shared address or in photographs lines up exactly with a posting or deployment has no reason to doubt it.

Documents a serving member may be able to obtain include:

• posting orders or other confirmation of each posting, showing the location and start date;
• a letter or record confirming the dates of a deployment or period at sea;
• confirmation of attendance at training courses or temporary duty away from home;
• leave records showing periods the member spent at home with their partner;
• records of travel arranged for the member, such as travel to and from a posting; and
• confirmation of the member's current posting and expected period at that location.

The member should obtain these documents through the usual Defence administrative channels and check what may be released. Some service information is sensitive. The Department does not need operational detail. A record that confirms dates and the general fact of service away from home is normally enough. The relationship statement can then refer to each document by date.

Every date must match the rest of the application. Our guide to building a partner visa relationship timeline explains how to set out each period in order, and the guide to partner visa travel evidence shows how to prove visits during long separations.

Defence housing, allowances and the household

Defence housing and allowance records can be strong evidence of the nature of the household. Where the couple live together in Defence-provided housing, or the member receives rent assistance or another allowance for a household that includes the partner, the official records show the couple living together at a particular address.

The partner visa sponsor's Defence Force records may also show whether Defence has recognised the partner as part of the member's household for its own purposes. Where Defence has done so, that record can support the claim that the relationship is genuine and continuing. The exact names of these records, and how they are obtained, depend on Defence's own policies, so the member should ask through their administrative chain what can be provided.

Defence housing evidence works alongside ordinary household evidence, not instead of it. Tenancy documents in both names, mail addressed to both partners at the same address, a description of how household tasks are shared when the member is home, and how the partner runs the household while the member is away all help. Our guides to household evidence and the nature of the household explain what case officers look for.

When the partner runs the household alone

During a deployment, the partner often runs the home alone. That is evidence of commitment, not separation. The statement should describe it: paying bills from a joint account, managing repairs, caring for children or pets, and keeping the member informed. Evidence that the member contributes money to the household while away shows the financial side. A short description of how the couple manage the partner visa sponsor's Defence Force absences, written by the partner who stays at home, can be one of the most convincing parts of the application.

Financial aspects for a partner visa sponsor in the Defence Force

For a partner visa sponsor, Defence Force pay and allowances make the financial aspects relatively easy to prove, because the income is regular and well documented. What the Department wants to see is pooling of resources and shared responsibility, not simply that the sponsor earns a salary.

Useful financial evidence includes a joint bank account that both partners use, regular transfers from the member to the partner or the household, shared liabilities such as a car loan or mortgage, and nominations that show long-term planning. Many serving members make nominations and arrangements that provide for a partner if something happens to them. Where the member has nominated the partner, for example in a will, a superannuation nomination or an insurance policy, that is persuasive evidence of commitment. Pay records connected to the partner visa sponsor's Defence Force employment show regular income, and bank statements then show where that income goes. Transfers into a joint account, or payments for the shared home, link the salary to the shared life.

Our guides to the financial aspects of a partner visa, joint bank account evidence and separate finances explain the options.

Communication evidence during deployments and sea time

Communication evidence is often the most important proof of a continuing relationship while a partner visa sponsor Defence Force member is deployed or at sea. It shows the couple stayed connected even when they could not be together.

The evidence should be selected, not dumped. A sample of messages, calls and video calls across each separation period, with dates visible, is more useful than thousands of screenshots. Where communication was restricted, for example at sea or during an operational period, the statement should say so and explain how the couple kept in touch when they could, such as through letters, scheduled calls or messages on return to port. Our guides to partner visa chat evidence and social media evidence explain how to present it.

The partner visa sponsor's Defence Force security obligations also matter here. Messages can contain information about locations or activities that should not be shared. Before uploading communication evidence, the member should check that nothing in it is sensitive and redact what needs to be redacted. The Department needs to see the relationship, not the operation. For a partner visa sponsor, Defence Force rules on what can be shared always come first.

Form 888 statements from Defence colleagues and others

Form 888 statements are written statements from people who know the couple and support the application. The current Form 888 states that it must be completed by a person who knows the visa applicant and their partner and the history of their relationship, and who is at least 18 years of age. The person must provide documentary evidence of their name and age and, where applicable, of their Australian citizenship or permanent residence.

For a partner visa sponsor, Defence Force colleagues can be good witnesses if they genuinely know the couple. A colleague who has attended unit functions, family days or social events with both partners, or who has seen the partner at farewells and homecomings, can describe what they saw. Other members' partners, who often support each other during deployments, can also be valuable witnesses. A colleague who has since moved on a new posting can still complete a statement, because what matters is what they saw while they knew the couple. Statements should not rely only on the partner visa sponsor's Defence Force network. Friends and family outside Defence remain important, because they show the relationship is recognised in the wider community.

Each statement should describe specific occasions in the writer's own words. Identical wording across statements weakens them. Our guides on who can sign a Form 888, Form 888 witness statements and how to complete Form 888 explain the details, and our answer on whether overseas friends can write statements covers witnesses outside Australia.

The relationship statement for a Defence Force couple

The relationship statement is where the partner visa sponsor's Defence Force service is explained in the couple's own words. It is the single document that connects the service records, the gaps and the evidence of commitment into one account. Our guide to the partner visa relationship statement explains its structure.

For a Defence Force couple, the statement should cover:

• how and when the couple met, and how the relationship developed around the member's service;
• each posting, deployment, period at sea or long course, with dates, and what the couple did to stay connected;
• how decisions about postings were made together, including any decision for the partner not to relocate;
• how the household and finances work when the member is home and when the member is away;
• how family, friends and the Defence community know the couple as a couple; and
• the couple's plans for living together, including expected future postings and plans after service.

The statement must be accurate. It must not overstate the time spent together or understate the time apart. A case officer who later finds a deployment the statement did not mention will doubt everything else in it.

Interviews and home visits when the sponsor is away

The Department may invite the couple to an interview or, in some cases, visit the home. If the partner visa sponsor's Defence Force service means the member is deployed or at sea when an interview is proposed, the couple should tell the Department promptly, explain the reason with a supporting record, and ask for another time or for the sponsor to be interviewed by telephone or video if that is possible.

The partner visa sponsor's Defence Force commitments are a legitimate reason to ask for an interview to be rearranged. Ignoring an invitation, or leaving the applicant to attend alone without explanation, can create a poor impression. An interview tests whether both partners know each other's lives. For a Defence couple, the case officer may ask about postings, rank, unit, deployment dates and how the couple communicate. Each partner should know the main dates. Our guides to partner visa interview questions, the telephone interview, interview inconsistencies and the home visit explain what to expect, and the firm can prepare you for a partner visa interview.

Subclass 820 or Subclass 309 for a partner visa sponsor Defence Force member

The choice between the onshore Subclass 820 and the offshore Subclass 309 depends on where the applicant is, not on where the partner visa sponsor Defence Force member is posted. A Subclass 820 application must be made while the applicant is in Australia, and the applicant must be in Australia when the visa is granted. A Subclass 309 application must be made while the applicant is outside Australia, and the applicant generally must be outside Australia when that visa is granted.

The sponsor's location is not part of that test, and the partner visa sponsor's Defence Force posting does not decide which visa applies. A sponsor can be posted interstate, deployed overseas or at sea while the application is processed. What matters is that the relationship continues and that the couple do not live separately and apart on a permanent basis. Our guide comparing onshore and offshore partner visas, the answer on the difference between the 820 and 309 partner visas, and our guides to the onshore partner visa and offshore partner visa explain the pathways.

An onshore applicant must also be able to make a valid application from their current visa. Conditions such as no further stay, or the lack of a substantive visa, can engage the Schedule 3 criteria. Our Schedule 3 waiver page explains when those criteria can be waived.

When the sponsor is posted or deployed overseas

A sponsor who is serving overseas can still sponsor. Our answers on whether an Australian living overseas can sponsor a partner and whether a sponsor can live overseas while a Subclass 820 is processed explain the general position. The partner visa sponsor's Defence Force posting orders for an overseas posting show both the location and the expected period, which is useful evidence that the absence is temporary. For a partner visa sponsor, Defence Force service overseas is an especially clear example of a temporary absence, because the member's return depends on the posting and is documented.

Where the applicant lives with the member at an overseas posting, the couple may choose an offshore Subclass 309 application from that country, provided the applicant is outside Australia when applying. The evidence then shows the couple living together overseas. Our guide on offshore partner visa lodgement explains the practical steps, and the answer on whether living together overseas counts towards the 12 months explains the de facto position.

Timing lodgement around postings and deployments

For a partner visa sponsor, Defence Force timing can decide how smoothly an application runs. The best time to lodge is when both partners are available to complete their parts, sign documents and respond to early requests. Where the partner visa sponsor's Defence Force schedule includes a known deployment, the application is usually best prepared around it rather than rushed before it.

Practical points include:

• complete the sponsorship and the sponsor's police certificates before a known deployment or long period at sea;
• ask the Department for police certificates early, because they take time and have a limited period of validity;
• arrange Form 888 statements while witnesses who know the couple are nearby, before a posting moves the couple away from them;
• keep a dated record of every posting, deployment and course from the start of the relationship; and
• appoint a representative, so that someone can deal with the Department while the member is unreachable.

A sponsor's police certificate is part of the sponsorship assessment, and the sponsor must consent to disclosure of any convictions for relevant offences. Our guides to the AFP police check, overseas police certificates and the answer on whether a police check is needed explain the requirements. Our guide to partner visa processing times explains why the timeline is hard to predict.

Moving house during processing

Each new posting in the partner visa sponsor's Defence Force career may mean a new address. The Department must be told about changes in circumstances during processing. Our guides on updating a change of address and Form 1022 for partner visas explain how. Fresh evidence of the shared household at the new posting should also be uploaded, as our guide to evidence after lodgement explains.

Travel while the application is pending

An onshore applicant who wants to visit the member during a posting overseas must think about their bridging visa first. Our guides to Bridging Visa B and partner visa overseas travel, and the answer on travelling overseas during processing, explain the risks.

The second stage after further postings

The permanent Subclass 801 or Subclass 100 visa is generally assessed about two years after the combined application was lodged, and the Department considers whether the relationship is continuing. For a partner visa sponsor, Defence Force service often means more postings and deployments in that period, so the evidence must cover the whole time, not only the first stage.

The partner visa sponsor's Defence Force records for the period after lodgement are as important as the records before it. The couple should keep a running file: new posting confirmations, deployment dates, leave records, Defence housing documents, joint finances, communication during separations, and new Form 888 statements. A shorter path to the permanent stage can apply where the couple were already in a long-term partner relationship when the application was made. Our guides to the two-stage partner visa process, Subclass 820 and Subclass 801, second stage documents and the answer on when to apply for the Subclass 801 explain the permanent stage.

Requests for information, refusals and review

If a case officer has concerns about time apart, they may ask for more information under section 56 of the Migration Act or put adverse information to the applicant under section 57. The response should deal directly with each period of separation, attach the partner visa sponsor's Defence Force records for that period, and explain how the couple stayed committed. Our guides to section 56 requests and section 57 adverse information explain the process.

If the visa is refused on the basis that the couple were living separately and apart, the partner visa sponsor's Defence Force records often become central evidence at review. The refusal can usually be reviewed by the Administrative Review Tribunal. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The application for review must be made within 28 days after notification of the decision, and that time limit cannot be extended. For an offshore refusal, the review application has traditionally been made by the sponsor, so a deployed sponsor must be able to act, or have a representative act, in time. Our pages on partner visa refusals, challenging a refusal based on living apart, the partner visa ART review process, the appeal deadline and who must apply for review of an offshore refusal explain the options.

What Tribunal decisions show about time apart

Published Tribunal decisions show that long periods apart do not prevent a relationship from being accepted where the evidence of commitment is persuasive. Each decision below was remitted, which means the Tribunal sent the matter back to the Department for reconsideration. A remittal is not a visa grant, and each turned on its own facts. They are cited because they deal with time apart, and none of them is authority for any particular outcome in a partner visa sponsor Defence Force matter.

• Singh (Migration) [2018] AATA 5925. A Subclass 309 matter concerning a genuine spousal relationship in which the sponsor financially supported the visa applicant, the couple had lived in separate countries for the past 10 years, and the relationship was widely recognised.
• HOANG (Migration) [2020] AATA 2156. A Subclass 309 de facto matter in which the financial, household and social aspects of the relationship and the nature of the commitment were considered, including the sponsor's extensive visits to the applicant.
• To (Migration) [2023] AATA 4331. A Subclass 309 matter concerning a genuine and continuing relationship and a valid marriage, with money transfers and the sponsor's multiple visits to Vietnam.
• Raymont (Migration) [2020] AATA 5584. A Subclass 309 matter concerning a genuine and continuing relationship, the parties' visits to each other's countries, the applicant's inaccurate knowledge of the sponsor, and the couple's methods of communication.

For a partner visa sponsor, Defence Force separations are usually shorter and better documented than those in these decisions. The lesson is the same. Show the reason for the time apart, the contact during it and the shared life around it.

How My Migration Lawyers helps a partner visa sponsor Defence Force member

My Migration Lawyers acts for couples where the sponsor serves in the Defence Force and the evidence has to explain postings, deployments, sea time and long courses. The firm deals with complex partner visa cases and acts in many matters where couples have spent long periods apart for work, and it is capable of handling a partner visa sponsor Defence Force matter from first assessment to grant, and at review if a refusal has already been made.

The work in these matters usually includes:

• Mapping the service history. Building a dated timeline of every posting, deployment, period at sea, course and period of leave, and matching it against the relationship history.
• Identifying the right service records. Advising the member which confirmations of postings, deployments, leave and housing are useful, and how to provide dates without sensitive detail.
• The couple's own account. Preparing the relationship statement from both partners' instructions. It remains their own account, which they review and correct before lodgement.
• Selecting the evidence. Choosing household, financial, communication and social evidence that shows the relationship continued during each separation.
• Form 888 statements. Advising which colleagues, friends and family can genuinely speak to the relationship.
• Timing and choice of visa. Advising on the Subclass 820 or Subclass 309 pathway and on lodging around known postings and deployments, so the sponsor's part is completed before they leave.
• Acting while the sponsor is away. Dealing with the Department as representative, including requests for information, interview arrangements and changes of address.
• Review. Applying to the ART within time if the visa is refused, and presenting the case at hearing.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and about working with a partner visa lawyer online, which suits couples who are posted away from a capital city. We act for Defence Force couples across Australia, including through our partner visa lawyers in Canberra, Sydney, Brisbane, Perth and Adelaide, and for couples in Townsville and Darwin. Our page on complex partner visa cases explains the wider work.

A partner visa sponsor Defence Force member does not need a special rule. The member needs evidence that explains service clearly. Book a consultation with My Migration Lawyers online, or call 1300 040 300.