Partner Visa Sponsor Documents

The partner visa sponsor documents are the papers the Australian partner provides to prove their identity, their status as a citizen, permanent resident or eligible New Zealand citizen, their character and their side of the relationship. Getting the partner visa sponsor documents right matters because the visa cannot be granted unless the sponsorship is approved.

Most guides list a few documents and stop. This guide sets out the sponsor's complete document set, organised by the purpose each document serves, and explains what the Department of Home Affairs does with it. It covers identity, status, police certificates, consent to disclosure of convictions, previous marriages and sponsorships, the four aspects of the relationship, the relationship statement, translations, uploads, consistency and the second stage. For a short answer, see our Partner Visa Questions page on what documents a partner visa sponsor needs. For the wider process, read our complete guide to partner visas in Australia. For advice on your own documents, our partner visa lawyers can review the full set before anything is lodged.

What are the partner visa sponsor documents?

The partner visa sponsor documents are the evidence that the person sponsoring the applicant is eligible to sponsor, is of acceptable character and is in a genuine and continuing relationship with the applicant. They sit alongside the applicant's own documents, but they answer different legal questions.

A sponsor for a partner visa must be the applicant's spouse or de facto partner, must be 18 or over, and must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Our page on who can sponsor a partner visa explains those requirements. The partner visa sponsor documents are how the sponsor proves them.

It helps to think of the partner visa sponsor documents in seven groups:

• Identity. Passport, birth certificate and evidence of any change of name.
• Status. Proof that the sponsor is a citizen, permanent resident or eligible New Zealand citizen.
• Character. Police certificates and consent to the disclosure of convictions for relevant offences.
• Relationship history. Previous marriages, divorces, de facto relationships and earlier partner sponsorships.
• Relationship evidence. The sponsor's side of the financial aspects, the nature of the household, the social aspects and the nature of the commitment.
• The relationship statement. The sponsor's part of the couple's account of the relationship.
• Second stage documents. Updated evidence when the permanent visa is assessed.

Each group is explained below. The partner visa document checklist covers the applicant's side, and our partner visa checklist shows how the two sides fit together.

Why partner visa sponsor documents decide the outcome

Partner visa sponsor documents decide the outcome because the approval of the sponsorship is part of the visa decision itself. The Department's policy states that, for partner visas, the approval of a sponsor is a component of the decision under section 65 of the Migration Act 1958 to grant or refuse the visa. No separate decision is sent to the sponsor. Where a sponsorship is not approved, the visa must be refused.

The sponsorship must also be approved and still in force at the time of decision. That requirement appears in the criteria for the Subclass 820 visa, the Subclass 309 visa and the Subclass 300 visa. In practical terms, a perfect application from the applicant can still fail if the partner visa sponsor documents are incomplete, inconsistent or missing.

This is why the sponsor should treat their documents as seriously as the applicant treats theirs. The sponsor is not a bystander. The sponsor is a party whose eligibility, character and relationship are all assessed.

How the sponsor lodges the sponsorship

For a partner visa, the sponsor lodges an online sponsorship application in ImmiAccount. The Department's own form instructions say that a person sponsoring a partner should use ImmiAccount to lodge an online "Sponsorship for a partner to migrate to Australia" application. Form 40SP is the paper version of that sponsorship form. Our pages on Form 40SP for a partner visa and Form 47SP for a partner visa explain how the sponsor's form and the applicant's form relate.

The sponsor's partner visa sponsor documents are uploaded to the sponsorship application in ImmiAccount, not posted. If you have not yet set up an account, our guide on how to create an ImmiAccount and our page on using ImmiAccount for a partner visa explain the steps. The partner visa online application guide covers how the applicant's application is lodged.

Identity documents in the partner visa sponsor documents

The identity part of the partner visa sponsor documents proves that the sponsor is the person named in the sponsorship. The Department matches the sponsor's identity against its own records, against the applicant's application and against any earlier visa or citizenship records.

Passport

The sponsor's current passport is the main identity document. Provide a clear colour scan of the biodata page. If the sponsor holds more than one passport, for example as a dual citizen, provide each current passport. If the sponsor has replaced a passport during processing, the Department should be told. Our guide on a change of passport during a partner visa explains how.

Birth certificate

A full birth certificate shows the sponsor's full name at birth, date and place of birth, and parents' names. It is particularly useful where the sponsor's name has changed or where the sponsor was born overseas. If a birth certificate genuinely cannot be obtained, the reason should be explained rather than ignored. Our page on what to do when you cannot get a birth or marriage certificate sets out the alternatives.

Evidence of a change of name

Any difference between the name on the sponsor's passport, birth certificate, citizenship certificate, police certificates and relationship documents must be explained with evidence. The usual documents are a marriage certificate, a change of name certificate issued by a registry of births, deaths and marriages, or a deed poll. Our page on a name change after marriage for a partner visa and our page on different names or dates in partner visa documents deal with the common problems.

Unexplained name differences are one of the most avoidable weaknesses in partner visa sponsor documents. A police certificate issued in a maiden name, a bank statement in a married name and a passport in a third spelling can all be correct, but only if the documents linking them are provided.

Proof of the sponsor's status

The status part of the partner visa sponsor documents proves that the sponsor is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. An Australian citizen usually provides an Australian passport, an Australian birth certificate showing birth in Australia where that confers citizenship, or a citizenship certificate. A permanent resident's status is shown by their permanent visa, which the Department can confirm from its own records. A New Zealand citizen provides a New Zealand passport and evidence relevant to eligible New Zealand citizen status.

This guide keeps status short because each category has its own traps. Our Partner Visa Questions pages explain how to prove the sponsor is an Australian citizen, when a New Zealand citizen can sponsor a partner visa, whether an Australian living overseas can sponsor a partner, and why a temporary visa holder cannot sponsor a partner.

A sponsor does not need to search for old visa grant letters to prove a permanent visa. Those are documents people rarely keep. A lawyer can confirm the sponsor's current visa through the Department's online records using the passport details.

Police certificates in the partner visa sponsor documents

Police certificates are the character part of the partner visa sponsor documents. The Department's partner visa guidance asks sponsors to provide police certificates when they submit the sponsorship, or as soon as possible afterwards. They are used to assess whether the sponsor has been convicted of a relevant offence and has a significant criminal record, which can prevent the sponsorship being approved under regulation 1.20KC of the Migration Regulations 1994.

The Australian National Police Check

Regulation 1.20KC(5) allows the Department to ask a sponsor for a police check for a specified Australian jurisdiction. The Department's policy is that the sponsor provides an Australian Federal Police National Police Check obtained for the purpose of "Immigration/Citizenship". The policy is that a sponsor who has spent any time in Australia since turning 16 should be asked for one, however short that time was. Our guide to the AFP police check for a partner visa explains how to apply for the correct certificate.

Overseas police certificates

The Department may also ask the sponsor for a police certificate from each foreign country in which the sponsor has lived for 12 months or more in total since the later of two dates: 10 years before the date of the request, or the date the sponsor turned 16. The 12 months is cumulative. Several shorter periods in the same country that add up to 12 months or more count. Our guide to partner visa overseas police certificates explains how to obtain them, and our page on the police check for a partner visa answers the common questions.

An overseas police certificate that is not in English must be accompanied by an accurate English translation. The certificate should be in the sponsor's current name, or in a name that the sponsor's other partner visa sponsor documents link to the current name.

When an overseas police certificate cannot be obtained

Some countries do not issue police certificates to people who no longer live there, or have no working process. The Department's policy allows for this. The sponsor should keep records of every attempt, including applications, receipts and replies, and explain in writing why the certificate cannot be obtained. Our page on what to do if you cannot get a police certificate explains the process.

How long police certificates remain useful

The Department's policy is that a sponsor's police checks must be valid at the time of decision, and it may ask for new checks during processing. Partner visas can take a long time to decide. A certificate obtained at lodgement may need to be replaced. Our guides on expired police checks for a partner visa and on police certificate and health check validity explain when to obtain new ones.

Consent to disclose convictions for relevant offences

Consent to disclose convictions is a required part of the partner visa sponsor documents, because the visa criteria require the sponsor to consent to the Department disclosing any conviction for a relevant offence to the applicant. The consent is given in the sponsorship form. A relevant offence includes offences involving violence against a person, harassment, stalking or intimidation, breach of an apprehended violence order or similar order, firearms or other dangerous weapons, people smuggling, and human trafficking, slavery or forced marriage.

If the sponsor expressly declines consent, the relevant criterion for the Subclass 820, Subclass 309 or Subclass 300 visa cannot be met. If the sponsor leaves the question unanswered, the Department's policy is to send the sponsor a request for consent. If the sponsor does not respond in time, the criterion may be found not to be met. A sponsor should never leave this part blank.

A conviction does not automatically end a sponsorship. Where a sponsor has a relevant offence and a significant criminal record, the sponsorship may still be approved if the Department considers it reasonable, having regard to matters such as the time since the sentence was completed, the best interests of children and the length of the relationship. Our pages on a sponsor with a criminal record and on the partner visa character requirements explain the assessment. A sponsor in this position should seek advice before lodging, through our page on finding a lawyer for a sponsor with a criminal record.

Relationship history in the partner visa sponsor documents

The relationship history part of the partner visa sponsor documents shows that the sponsor is free to be in the current relationship and is not prevented from sponsoring by an earlier sponsorship. The sponsorship form asks about previous marriages, previous relationships and previous sponsorships. Every answer must be complete and accurate.

Previous marriages and divorces

If the sponsor has been married before, provide the earlier marriage certificate and the divorce order or other document that ended the marriage, such as a death certificate of a former spouse. If the couple are married, the Department must be satisfied that the current marriage is valid, and a marriage is not valid if either party was still married to someone else. Our guides on a partner visa after divorce, on the partner visa marriage certificate and on whether an overseas marriage is recognised in Australia explain the issues.

A divorce granted in one country is not always recognised in another. Where the sponsor divorced in Australia and later married in a different country, or the reverse, the documents should show how each step was registered. Our guide to a partner visa where the overseas marriage is not recognised and our page on whether an overseas marriage is recognised for a partner visa deal with these situations.

Previous de facto relationships

A previous de facto relationship does not usually produce a certificate, but it must still be disclosed. The sponsor should give accurate start and end dates and, where useful, documents that show the relationship ended, such as a lease in one name only or separate addresses. An undisclosed relationship that later appears in the Department's records, in an earlier visa application or in social media is far more damaging than one that was disclosed at the start. Our guide to partner visa previous relationship history explains what to disclose and how.

Previous partner sponsorships

Regulation 1.20J of the Migration Regulations 1994 limits how often a person can sponsor a partner. In general, a sponsor cannot have more than two approved partner or fiancé sponsorships, and cannot sponsor again until five years after the earlier sponsored visa application. A sponsor who was themselves sponsored as a partner generally cannot sponsor until five years after their own visa application. The limits can be waived where there are compelling circumstances affecting the sponsor.

The partner visa sponsor documents must therefore disclose every earlier partner or fiancé sponsorship, even one that was withdrawn or refused. Our sponsorship limitations page and our article on when a sponsor cannot sponsor a partner visa explain the rules. Our pages on whether a sponsor who was sponsored before can sponsor, and whether a person can sponsor more than one partner, answer the common questions.

The sponsor does not need to produce old visa grant notices or copies of an earlier partner application to prove dates. A lawyer can obtain the sponsor's visa history from Department records. What the sponsor must do is answer the questions honestly and give the dates as accurately as they can.

The sponsor's side of the relationship evidence

The sponsor's side of the relationship evidence is the part of the partner visa sponsor documents that shows the relationship from the Australian partner's position. The Department assesses four aspects of the relationship together: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Most of the evidence for each aspect involves both partners, and many key documents are held by the sponsor.

Our guide to the four aspects of a partner visa relationship explains how they are assessed together. The sections below focus only on what the sponsor typically provides.

Financial aspects

For the financial aspects, the partner visa sponsor documents often include joint bank account statements, evidence of money the sponsor sends to the applicant, the sponsor's share of a lease or mortgage, and any legal arrangements that name the applicant, such as a will, a superannuation beneficiary nomination or an insurance policy. Our guides on partner visa financial evidence and joint bank account evidence, and our page on financial evidence for a partner visa, explain what carries weight.

There is no minimum income for a partner sponsor in the way there is for some other visas. Our page on whether there is a sponsor minimum income for a partner visa explains the position. The financial evidence is about how money works inside the relationship, not about the sponsor's wealth.

Nature of the household

For the nature of the household, the sponsor typically provides the lease or mortgage documents, utility accounts, and correspondence showing both partners at the same address. Where the couple live apart, the sponsor's documents should show why and for how long. Our guides on partner visa household evidence and on a lease in both names explain the options, and our page on household evidence for a partner visa answers the short questions.

Social aspects

For the social aspects, the sponsor's documents often include invitations addressed to both partners, evidence of joint travel booked by the sponsor, photographs with the sponsor's family and friends, and evidence that the sponsor has introduced the applicant to their community. Form 888 statements are usually given by the sponsor's Australian friends and relatives. Our guides on partner visa social evidence, Form 888 for a partner visa, Form 888 witness statements and who can sign a Form 888 explain the requirements. Our page on social evidence for a partner visa gives short answers.

Nature of the commitment

For the nature of the commitment, the sponsor's documents often show the history of the relationship, time spent together, the sponsor's visits to the applicant, communication over time and plans for the future. Travel records for a sponsor who has visited an applicant overseas are particularly important for a Subclass 309 application. Our guides on partner visa commitment evidence and partner visa future plans, and our page on commitment evidence for a partner visa, explain what to include.

The sponsor's part of the relationship statement

The sponsor's part of the relationship statement is the sponsor's own account of the relationship, and it is one of the most important partner visa sponsor documents. There is one relationship statement for the couple. It covers the four aspects of the relationship, but the four aspects are not separate statements. The sponsor and the applicant each contribute their own account within it, in their own words.

The sponsor's account should cover how the couple met, how the relationship developed, when they decided to commit to each other, how they manage money and the household, how their families and friends know them as a couple, and what they plan for the future. It should also deal openly with anything unusual, such as an earlier sponsorship, a recent divorce or long periods apart. Our guide to the partner visa relationship statement explains the structure, and our page on whether partners need separate relationship statements explains how the two accounts fit together.

Every date in the sponsor's account must match the dates in the applicant's account, the sponsorship form, the visa application and the other partner visa sponsor documents. A good practice is to build a single timeline first and write both accounts from it. Our guide to building a partner visa evidence timeline explains how.

The sponsorship undertaking and the sponsor's declarations

The sponsorship undertaking and declarations are the part of the partner visa sponsor documents in which the sponsor formally accepts their obligations and confirms that the information given is true. The sponsor signs them in the sponsorship form. The undertaking generally includes assisting the applicant with accommodation and financial support for an initial period after arrival or grant. The declarations confirm that the sponsor understands that false or misleading information can lead to refusal of the application or cancellation of a visa.

The declarations are not a formality. A sponsor who signs them without reading the answers in the sponsorship form takes responsibility for any error. Our article on partner visa false information refusals explains what happens when an answer is wrong.

Partner visa sponsor documents the sponsor does not need to find

The partner visa sponsor documents should be complete, but they should not include documents the sponsor does not realistically hold. A sponsor is not expected to produce old visa grant letters, copies of applications lodged years ago or earlier passports that have been surrendered. The Department already holds records of the sponsor's visas, travel and earlier sponsorships, and a lawyer can obtain the relevant history from those records.

What the sponsor must do is give accurate answers and provide documents they can readily obtain, such as a current passport, a birth certificate, a marriage or divorce certificate, police certificates and their side of the relationship evidence. Where a document genuinely cannot be obtained, the sponsor should say so and explain why. Our guide on missing partner visa documents explains how gaps are handled, and our page on whether missing evidence makes an application invalid answers a common fear.

Translations, scans and uploads of partner visa sponsor documents

Partner visa sponsor documents that are not in English must be accompanied by an accurate English translation, and every document should be uploaded as a clear, complete colour scan in ImmiAccount. The translation should be uploaded together with a scan of the original document, not instead of it.

The Department's guidance for documents translated in Australia is that the translation should be done by a translator accredited by the National Accreditation Authority for Translators and Interpreters. Our guides on partner visa evidence translation and on how to translate a marriage certificate explain what a translation should contain.

For online applications, the Department generally asks for colour scans of original documents rather than certified copies. Its policy on sponsors' police checks states expressly that there is no requirement for an original or certified copy, although a case officer may ask for one if there is a concern about authenticity. Our page on certified copies for a partner visa explains the position.

Uploads should be labelled so a case officer can find each item quickly. A file named "Sponsor passport" or "Sponsor AFP check" is better than a file named with a scanner number. Our guides on partner visa ImmiAccount uploads and partner visa evidence organisation, and our page on how to upload documents for a partner visa, explain the practical steps.

Why partner visa sponsor documents must match the applicant's application

Partner visa sponsor documents must match the applicant's application because the Department reads both sides together, and any conflict between them is treated as a credibility issue. The same dates, names, addresses and relationship history should appear in the sponsorship form, the applicant's form, the relationship statement, Form 888 statements and every supporting document.

The most common conflicts are different dates for when the couple met, started living together or married, different addresses for the same period, a previous relationship disclosed by one partner but not the other, and names spelled differently across documents. Our guides on partner visa conflicting statements and partner visa interview inconsistencies explain how conflicts are read.

The fix is simple but disciplined. Build one timeline. Check every date against passports, certificates and leases. Then check the sponsorship form and the applicant's form against the timeline before either is lodged.

What weakens a sponsorship

A sponsorship is weakened by partner visa sponsor documents that are missing, inconsistent or incomplete, or that leave out facts the Department will find elsewhere. The common weaknesses are listed below.

• Missing police certificates. Regulation 1.20KC(6) allows the Department not to approve the sponsorship where the sponsor does not provide requested police checks within a reasonable time.
• No consent to disclosure. A sponsor who declines, or ignores a request for, consent to disclose convictions for relevant offences prevents the criterion being met.
• Inconsistent dates. Different dates for marriage, cohabitation or first meeting across the forms and documents raise doubt about the whole relationship.
• Undisclosed previous relationships. An earlier marriage, de facto relationship or partner sponsorship that is not disclosed can lead to concerns about false or misleading information.
• Wrong or unexplained names. Names that differ across documents without evidence linking them create identity doubt.
• A sponsorship form that was never lodged. Where the applicant lodges but the sponsor never completes the sponsorship, the application cannot succeed.

Our articles on partner visa refusal reasons, why partner visas get refused and a partner visa refused for insufficient evidence explain how these weaknesses lead to refusals. Our article on partner visa false documents explains the separate and serious risk of a document that is not genuine.

What Tribunal decisions show about partner visa sponsor documents

Published Tribunal decisions show that problems with partner visa sponsor documents have led to refusals, and that those refusals have been remitted on review where the missing or conflicting material was dealt with. The decisions below were remitted, which means the Tribunal sent the matter back to the Department for reconsideration. A remittal is not a visa grant, and each decision turned on its own facts and evidence.

• Sathandla Halli Vijayakumar (Migration) [2022] AATA 91. A Subclass 820 matter concerning a genuine and continuing relationship, insufficient information concerning the sponsor, a sponsorship declaration and a National Police Check.
• Manalo (Migration) [2024] AATA 1927. A Subclass 820 matter in which the sponsorship form and other requested material had not been provided to the Department, with COVID restrictions and access issues, prehearing, oral and witness evidence and departmental policy considered.
• Yasa (Migration) [2021] AATA 4402. A Subclass 309 matter concerning evidence of sponsorship and a genuine and continuing relationship.
• Kandel (Migration) [2024] AATA 160. A Subclass 309 matter concerning a genuine and continuing spousal relationship, the sponsor's visits to Nepal, an Australian divorce that was not recognised in Nepal, and different registered marriage dates.

These decisions illustrate a practical point. Each problem was one that complete and consistent partner visa sponsor documents are designed to prevent. It is far better to deal with these issues before lodgement than at review.

Partner visa sponsor documents at the second stage

At the second stage, the partner visa sponsor documents are mainly updated relationship evidence, because the Department assesses whether the relationship is continuing before it grants the permanent Subclass 801 or Subclass 100 visa. The sponsor usually contributes updated financial, household and social evidence, and an updated account of the relationship. The Department may also ask the sponsor for new police checks, particularly where it has reason to believe something has changed.

Our guides on partner visa second stage documents and the partner visa two stage process, and our page on Subclass 801 second stage documents, explain what is usually provided. Our guide comparing Subclass 820 and Subclass 801 explains how the two stages connect.

Between the stages, the sponsor should keep collecting evidence and tell the Department about relevant changes. Our guides on partner visa evidence after lodgement and Form 1022 for a partner visa, and our page on how to upload new evidence after lodging, explain how. If the relationship ends, a sponsor may withdraw the sponsorship before the permanent visa is decided. Our page on how a sponsor can withdraw sponsorship explains the consequences, and our family violence page explains the protections available to an applicant in that situation.

Requests for more information about the sponsor

If the partner visa sponsor documents are incomplete, the Department may ask for more information. A request for the sponsor's police checks must be made to the sponsor, not to the applicant. Other requests may go to the applicant under section 56 of the Migration Act. Either way, the response period is short and should be diarised immediately.

Our guide to responding to a section 56 request and our page on the section 56 documents requested explain how to respond. If the Department has adverse information, it may send a natural justice letter under section 57, as our guide on section 57 adverse information explains. Our page on a refusal after a missed request for information explains what can be done if a deadline has passed.

Refusal and review where the sponsorship failed

If a partner visa is refused because the sponsorship was not approved, the refusal can usually be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after notification of the decision, or 7 working days for a person in immigration detention, and that time limit cannot be extended. The Tribunal decides the matter afresh and can consider new partner visa sponsor documents that were not before the Department.

For an offshore refusal, the person who applies for review needs care. Our page on who applies for review of an offshore refusal explains the position, and our page on the review deadline for a partner visa refusal explains how the time limit runs. Our partner visa refusals page, our visa refusals page, our guide to partner visa refused appeal options and our guide to what to expect at the ART explain the review process. Our pages on a partner sponsorship refused and on how to challenge a refusal based on sponsorship limitations deal with sponsorship refusals specifically. If the Tribunal affirms a refusal and its decision contains a legal error, judicial review may be available.

How My Migration Lawyers helps with partner visa sponsor documents

My Migration Lawyers prepares and reviews partner visa sponsor documents as part of every partner visa it handles, and it deals regularly with sponsors whose position is not simple. The firm acts in many matters of this exact type, including sponsors with earlier marriages or sponsorships, sponsors with overseas police certificate problems, sponsors with criminal history, sponsors whose names differ across documents, and sponsors whose divorce or marriage was registered in more than one country. It is capable of handling these matters from first assessment through to grant, and at review if the sponsorship has already failed.

The work on partner visa sponsor documents usually includes:

• Checking eligibility first. Confirming that the sponsor's status, age and sponsorship history allow the sponsorship, including any limitation under regulation 1.20J and whether a waiver is needed.
• Obtaining the visa history. Confirming the sponsor's visa and sponsorship history from Department records, so the sponsor is not asked for documents they do not keep.
• Building the timeline. Preparing one timeline of the relationship, marriages, divorces and addresses, and checking every date against the documents.
• Character documents. Identifying which police certificates the sponsor needs, from which countries, in which name, and dealing with countries that will not issue them.
• Relationship evidence. Selecting the sponsor's side of the evidence for the financial aspects, the nature of the household, the social aspects and the nature of the commitment, and organising it with an index.
• The relationship statement. Taking instructions from the sponsor and preparing the sponsor's part of the relationship statement from the sponsor's own account, which the sponsor reviews and corrects before lodgement.
• Consistency review. Checking the sponsorship form against the applicant's application and every supporting document before either is lodged.
• Responding and review. Responding to requests for information about the sponsor, and applying to the Administrative Review Tribunal within time if the visa is refused.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our Partner Visa Questions for short answers, and read our Subclass 820 visa guide and our guide to partner visa relationship evidence. If you have already lodged and are unsure about the sponsor's documents, a partner visa second opinion can identify gaps before the Department does. For an Australian citizen sponsor, our page on finding a lawyer for an Australian citizen sponsoring a partner explains how the firm can help. We act for couples across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane and Perth.

Partner visa sponsor documents are best checked before the Department reads them. Book a consultation with My Migration Lawyers online, or call 1300 040 300.