Partner Visa Sponsor Eligibility: Who Can Sponsor

Partner visa sponsor eligibility decides whether a partner visa can succeed before a single photograph or bank statement is assessed. If the Australian partner cannot lawfully be a sponsor, the visa cannot be granted, however genuine the relationship is. This guide explains partner visa sponsor eligibility in plain terms: who can sponsor, who cannot, and when the Department of Home Affairs tests it.

The short version is simple. The sponsor must hold one of three statuses, must be at least 18, and must be the applicant's own partner. The detail is where couples go wrong. A person on a bridging visa while their permanent visa is processed is not yet a permanent resident. A New Zealand citizen living lawfully in Australia is not automatically an eligible New Zealand citizen. A parent cannot sponsor an adult child's spouse. Each of these mistakes leads to a refusal that could have been avoided.

This article is the gateway check. It does not cover how to prepare the sponsorship form or what a sponsor does during processing. For the whole partner visa process, start with our complete guide to partner visas in Australia, and for help with your own matter see the firm's partner visa lawyers page.

What is partner visa sponsor eligibility?

Partner visa sponsor eligibility is the legal test that decides who may sponsor a spouse, de facto partner or fiancé for an Australian partner visa: the sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, must be at least 18, and must be the applicant's own spouse, de facto partner or intended spouse.

The rule comes from the visa criteria themselves. For the onshore Subclass 820 visa, paragraphs 820.211(2)(c), 820.211(5)(f) and 820.211(6)(c) of Schedule 2 to the Migration Regulations 1994 set out who must sponsor. For the offshore Subclass 309 visa, clause 309.213 does the same. For the Subclass 300 Prospective Marriage visa, subclauses 300.213(1) and (2) apply.

In each case the structure is the same. If the applicant's spouse or de facto partner has turned 18, the sponsor is that spouse or de facto partner. That person must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. If the spouse or de facto partner has not turned 18, the sponsor is a parent or guardian of that partner who has turned 18 and holds one of the same three statuses.

So partner visa sponsor eligibility has three parts:

• Status. Citizen, permanent resident or eligible New Zealand citizen. Nothing else qualifies.
• Age. The sponsor must have turned 18. Where the partner is younger, a parent or guardian steps in.
• Relationship. The sponsor must be the applicant's own spouse, de facto partner or, for a prospective marriage application, the person the applicant intends to marry.

Partner visa sponsor eligibility is a separate question from whether the sponsorship will be approved. A person can satisfy partner visa sponsor eligibility and still have the sponsorship refused, for example because of the limits on past sponsorships. Those approval checks are explained in our article on partner visa sponsorship limitations. Our short answer on who can sponsor a partner visa summarises the same position, and the wider partner visa eligibility guide covers the applicant's side of the test.

The three statuses that satisfy partner visa sponsor eligibility

Only three statuses satisfy partner visa sponsor eligibility: Australian citizen, Australian permanent resident (as defined in regulation 1.03), and eligible New Zealand citizen (also defined in regulation 1.03). A person who holds none of these cannot sponsor, whatever visa they hold and however long they have lived in Australia.

Australian citizens

An Australian citizen meets the status part of partner visa sponsor eligibility, whether citizenship came by birth, by grant or by descent. The partner visa criteria do not require a citizen sponsor to be living in Australia. A citizen who lives overseas can sponsor, although where the couple lives affects the evidence of the relationship and the plan to live in Australia.

The sponsor will need evidence of citizenship, usually an Australian passport, a citizenship certificate or, for some people born in Australia, a birth certificate with supporting documents. Our answer on how a sponsor proves Australian citizenship explains the usual documents. A citizen is not exempt from the other sponsorship checks. A citizen who was once sponsored as a partner, for example, can still be caught by the five-year rule described later.

Australian permanent residents

An Australian permanent resident meets the status part of partner visa sponsor eligibility if they fall within the definition in regulation 1.03 of the Migration Regulations. That definition describes a non-citizen usually resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by law. In practical terms, this is a person who holds a permanent visa.

Two words in that definition matter: "usually resident". Department guidance treats the place a person is usually resident as the place they physically live (where they ordinarily eat, sleep and have a home) together with their intention to make that place home. A temporary absence from Australia does not necessarily stop a person being usually resident. A permanent resident who has lived overseas for many years, however, may need to show that Australia is still home.

A permanent visa's travel facility generally lasts five years from grant. For partner visa sponsor eligibility, a permanent resident overseas whose travel facility has ended may need a Resident Return visa before returning. Our guide to temporary and permanent partner visas explains how permanent status works for partner visa holders themselves.

Eligible New Zealand citizens

An eligible New Zealand citizen meets partner visa sponsor eligibility, but most New Zealand citizens in Australia are not eligible New Zealand citizens. Under regulation 1.03, an eligible New Zealand citizen is a New Zealand citizen who is a "protected SCV holder" within the meaning of section 7 of the Social Security Act 1991. Broadly, that status depends on the person's residence in Australia on or around 26 February 2001.

Holding a Special Category visa (Subclass 444) today is not the partner visa sponsor eligibility test. Eligible New Zealand citizen status is fixed by reference to that 2001 point in time. It is not a visa and it is not recorded as a status on Department systems. Some people prove it through movement records, and others need a Certificate of Australian Residence from Services Australia.

This article only flags the issue. Our answers on whether a New Zealand citizen can sponsor a partner visa and on getting legal help when a New Zealand citizen sponsors a partner explain the test in more detail. Where the New Zealand citizen is not eligible, the partner may look at the Subclass 461 New Zealand Citizen Family Relationship visa instead.

The age rule in partner visa sponsor eligibility

The age rule in partner visa sponsor eligibility is that the sponsor must have turned 18; where the applicant's Australian spouse or de facto partner is under 18, that partner cannot sponsor and a parent or guardian of the partner, who is at least 18 and is a citizen, permanent resident or eligible New Zealand citizen, must sponsor instead.

This rule is written into paragraphs 820.211(2)(c), 820.211(5)(f) and 820.211(6)(c) and clause 309.213. It exists because the law does not want a person under 18 taking on the legal obligations of a sponsor. The parent or guardian takes those obligations on, including the undertaking to support the applicant.

In practice, parent or guardian sponsorship is rare. The relationship itself usually blocks the visa first. A spouse visa requires a marriage that is valid under Australian law, and the Department treats a marriage where either party is under 18 (Australian marriageable age) as an under-age marriage needing particular scrutiny. A de facto relationship cannot found a visa if either person was under 18 when the application was made. Department policy on regulation 2.03A(2) states that both the applicant and the partner must have been at least 18 at that time, and turning 18 before the decision does not fix the problem.

Our answer on partner visas where the applicant or partner is under 18 and the guide to partner visa age requirements explain these rules from the couple's side. There is no maximum age. A sponsor in their seventies or eighties meets partner visa sponsor eligibility in the same way as a sponsor in their twenties. A large age gap is an evidence question, not an eligibility question, as our article on the partner visa age gap explains.

The sponsor must be the applicant's own partner

Partner visa sponsor eligibility requires the sponsor to be the person in the relationship with the applicant: the applicant's spouse, the applicant's de facto partner or, for a prospective marriage application, the person the applicant intends to marry. Nobody else can sponsor, apart from the parent or guardian of an Australian partner who is under 18.

This catches more families than it should. A parent cannot sponsor their adult son's wife. A brother cannot sponsor his sister's husband. An employer, friend or community leader cannot sponsor anyone's partner. Each of these people may give a Form 888 statement supporting the relationship, but none of them can be the sponsor.

The relationship must also be the right kind. A spouse is a person in a married relationship under section 5F of the Migration Act 1958, and the marriage must be valid under Australian law. A de facto partner is defined in section 5CB and regulation 1.09A. Regulation 2.03A adds a minimum age for de facto relationships and, for partner visas, a 12-month relationship period unless the relationship is registered or another exception applies. Our guides to spouse and de facto visas, the de facto 12-month rule, and whether a valid marriage is needed for a spouse visa explain those requirements.

Each partner visa application has one sponsor, and that sponsor is the applicant's partner. Our answer on whether a sponsor can sponsor more than one partner covers sponsors whose history involves more than one relationship. Where the applicant's relationship ends and a new one begins during processing, the position is complex. Our answer on changing the sponsor on a partner visa explains the narrow situations where a different sponsor may be possible.

Partner visa sponsor eligibility by subclass: 820, 309 and 300

Partner visa sponsor eligibility uses the same three statuses for every partner visa, but each subclass frames the sponsor rule slightly differently. The table below sets out the core rule for each visa.

VisaWho the applicant must beWho must sponsorSubclass 820 and Subclass 801 (onshore)Spouse or de facto partner of a citizen, permanent resident or eligible New Zealand citizenThat partner if 18 or over; otherwise a parent or guardian of the partnerSubclass 309 and Subclass 100 (offshore)Spouse or de facto partner, or intended spouse, of a citizen, permanent resident or eligible New Zealand citizenThat partner or intended spouse if 18 or over; otherwise a parent or guardianSubclass 300 (prospective marriage)Intends to marry a citizen, permanent resident or eligible New Zealand citizenThe prospective spouse, who must be at least 18

Subclass 820 and Subclass 801

For the onshore Subclass 820 visa, the applicant must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (subclause 820.211(2)). The sponsor rule in paragraph 820.211(2)(c) then applies. The Subclass 820 and the permanent Subclass 801 are applied for together, and the same sponsor carries through both stages. The sponsor is counted once, not twice, for the purposes of the sponsorship limits.

There is one special rule. A person who entered Australia on a Subclass 300 visa and married their sponsor applies for the Subclass 820 under subclause 820.211(6). Department policy notes that subclause 820.211(2) also allows a Subclass 300 holder to be sponsored by a different spouse or de facto partner who meets partner visa sponsor eligibility. Our guides to the onshore partner visa and the two-stage partner visa process explain how the stages fit together.

Subclass 309 and Subclass 100

For the offshore Subclass 309 visa, the applicant may be the spouse or de facto partner of an eligible sponsor (subclause 309.211(2)) or may intend to marry one (subclause 309.211(3)). In the second case, the marriage must have taken place before the Subclass 309 is granted (clause 309.224). Clause 309.213 sets the sponsor rule: the spouse, de facto partner or intended spouse sponsors if they have turned 18, and otherwise a parent or guardian does.

Partner visa sponsor eligibility for a Subclass 309 is the same whether the sponsor lives in Australia or overseas. Our guides to the offshore partner visa and to onshore versus offshore partner visas explain which pathway suits which couple.

Subclass 300 Prospective Marriage visa

The Subclass 300 Prospective Marriage visa has the strictest partner visa sponsor eligibility rules. The applicant must be at least 18 at the time of application (clause 300.212A). The prospective spouse must be the sponsor and must be at least 18 at the time of application (subclauses 300.213(1) and (2)). There is no parent or guardian sponsorship for a Subclass 300.

The couple must also have met in person since each of them turned 18 (subclause 300.214(1)) and must be known to each other personally (subclause 300.214(2)). The Full Federal Court in Yucesan [2008] FCAFC 110 confirmed that "met" means met in person. A relationship conducted only online does not qualify. Our answers on who can sponsor a prospective marriage visa, on the requirement to have met in person and on prospective marriage visa requirements explain these rules in more detail. Couples who are engaged but unsure which visa to use should read our answer on partner visa options for engaged couples.

Who is not eligible to sponsor a partner visa?

A person is not eligible to sponsor a partner visa if they are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen, if they are under 18, or if they are not the applicant's own partner. Some people who hold the right status are also blocked from having a sponsorship approved. The groups below fail partner visa sponsor eligibility most often.

Temporary visa holders

A temporary visa holder cannot sponsor a partner visa. This includes student visa holders, temporary skilled visa holders such as Subclass 482 holders, graduate visa holders, working holiday makers and visitors. The visa they hold, however long it lasts, does not give them partner visa sponsor eligibility.

A temporary visa holder may be able to include a partner in their own visa as a secondary applicant, or add a partner later where the visa allows it. Our answer on whether a temporary visa holder can sponsor a partner explains those options. Where the temporary visa holder is the one who needs the visa, and their partner is an Australian citizen or permanent resident, the roles are reversed: the Australian partner sponsors. See our guides to a partner visa on a student visa, a partner visa for Subclass 482 holders, a partner visa on a graduate visa and a partner visa on a working holiday visa.

People whose permanent residence is still pending

A person who has applied for permanent residence but has not yet been granted it is not a permanent resident and does not meet partner visa sponsor eligibility. The status is acquired on the grant of the permanent visa, not on lodgement and not on a favourable indication from the Department.

This is one of the most common partner visa sponsor eligibility errors. A couple sees that a skilled or employer-sponsored permanent visa is "nearly through" and lodges a partner visa naming the pending applicant as sponsor. If the sponsor's permanent visa had not been granted when the partner visa application was made, the sponsor did not hold the required status at that time. In many cases the better course is to include the partner in the pending permanent visa application, if the rules of that visa allow it, or to wait for the grant.

Bridging visa holders

A bridging visa is a temporary visa. A person on a bridging visa, whether they are waiting on a permanent visa, a partner visa of their own or a protection visa, does not meet partner visa sponsor eligibility. Our guide to bridging visas in Australia explains what these visas do and do not allow.

New Zealand citizens who are not eligible New Zealand citizens

A New Zealand citizen who holds a Special Category visa but is not an eligible New Zealand citizen under regulation 1.03 cannot sponsor a partner visa. This affects many New Zealand citizens who arrived in Australia after 26 February 2001.

From 1 July 2023, Special Category visa holders became able to be treated as permanent residents for Australian citizenship purposes. A New Zealand citizen who is not an eligible New Zealand citizen may therefore be able to become an Australian citizen, if they meet the citizenship requirements, and then sponsor as a citizen. Our guide to the partner visa citizenship pathway and our answer on citizenship after a partner visa explain citizenship timing in the partner visa context.

Applicants whose partner held a Subclass 204 Woman at Risk visa

A Subclass 204 Woman at Risk preclusion can block a partner visa even where the sponsor meets the status rules. Under clause 309.212, subclause 820.211(2B) and clause 300.212, the visa cannot be granted where the sponsor was granted a Subclass 204 visa within five years before the partner visa application and the applicant was a former or undeclared partner of that sponsor. The rule protects the integrity of the Woman at Risk program. It is narrow, but where it applies it is decisive.

People blocked by past sponsorships

Some people hold the right status but cannot yet sponsor because of regulation 1.20J. In outline, a person can have at most two approved partner sponsorships in a lifetime, cannot have a new sponsorship approved within five years of the first visa application they sponsored, and cannot sponsor within five years of their own partner visa application if they were themselves sponsored as a partner. Regulation 1.20J(2) allows the limits to be waived for compelling circumstances affecting the sponsor. Holders of certain Contributory Parent visas face a separate five-year limit under regulation 1.20KA.

These are approval rules rather than partner visa sponsor eligibility rules, and they are explained fully in our article on partner visa sponsorship limitations and on the firm's sponsorship limitations service page. Our answers on whether a person sponsored as a partner can sponsor a new partner and on legal help for a sponsor who has sponsored before deal with the most common situations. Character rules for sponsors, including rules about offences involving children, are covered in our answer on sponsors with a criminal record.

When is partner visa sponsor eligibility tested?

Partner visa sponsor eligibility is tested at two points: the sponsor must hold the required status when the visa application is made, and the sponsorship must be approved by the Department and remain in force when the visa is decided (subclause 820.221(4), subclause 309.222(1) and subclause 300.222(1)).

At the time of application

The criteria in subclause 820.211(2) and clause 309.213 are time of application criteria. The applicant must be the partner of a citizen, permanent resident or eligible New Zealand citizen when the application is lodged, and the sponsor rule applies at that moment. A sponsor who becomes a permanent resident a month after lodgement does not repair an application that was lodged too early.

Under subclause 820.221(1), the applicant must generally continue to meet the subclause 820.211(2) requirements at the time of decision. If the sponsor's status is lost during processing, for example through the cancellation of the sponsor's permanent visa, partner visa sponsor eligibility can fail at the decision stage too.

At the time of decision

The sponsorship must be approved and in force at the time of decision. This is where the regulation 1.20J limits are applied, because the five-year period runs to the date the sponsorship is decided, not the date it was lodged. The sponsor must also have consented to the Department disclosing any conviction for a relevant offence to the applicant (paragraph 820.221(4)(b) and subclause 309.222(2)).

Lodging the sponsorship

The sponsorship form, titled "Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)" and commonly called Form 40SP, is not a Schedule 1 validity requirement for a Subclass 820 or Subclass 309 application. A valid application can be made without it. There is an exception. An applicant in Australia who is subject to section 48 of the Migration Act needs a completed sponsorship form signed by the sponsoring partner for a valid application. The section 48 bar and an invalid partner visa application are explained in our separate guides.

A Subclass 300 application can be made without the sponsorship, but it cannot be granted without the approved sponsorship. In every case, a sponsorship that is never lodged or never approved means the visa is refused. Our article on how to apply for a partner visa explains the order of lodgement, and our answer on the documents a sponsor provides lists what the sponsor is usually asked for.

Partner visa sponsor eligibility in unusual situations

Partner visa sponsor eligibility in unusual situations still turns on the same three questions: what status the sponsor holds, how old the sponsor is, and whether the sponsor is the applicant's own partner. The situations below cause the most uncertainty.

Former refugee and humanitarian visa holders

A former refugee who holds a permanent humanitarian visa, or who has become an Australian citizen, meets partner visa sponsor eligibility in the same way as any other permanent resident or citizen. A person who holds only a temporary protection visa is not a permanent resident and cannot sponsor while on that visa.

The harder issue is timing of the relationship. Where the sponsor holds or held a permanent humanitarian visa and the relationship existed before that visa was granted, Department policy for the permanent stage (for example subclause 100.221(6)) looks at whether the Department was told about the relationship before the humanitarian visa was granted. A relationship that was never declared can be a serious problem. Our answer on whether a former refugee can sponsor a partner visa and our guide on undeclared relationships in partner visas explain this risk. A person whose own protection application is still pending cannot sponsor, as our answer on partner visas while a protection visa is pending explains.

Dual citizens

A dual citizen who holds Australian citizenship meets partner visa sponsor eligibility as an Australian citizen. Their other nationality does not reduce their Australian status or their partner visa sponsor eligibility. The sponsor simply provides evidence of Australian citizenship, such as a current Australian passport or citizenship certificate. Where the sponsor has used different names or dates of birth on different passports, those differences should be explained with documents, because inconsistent identity details create avoidable doubt.

Citizens by descent

A person who is an Australian citizen by descent is an Australian citizen for partner visa sponsor eligibility, with the same status as any other citizen. Citizenship by descent is acquired by application under section 16 of the Australian Citizenship Act 2007 and is evidenced by a citizenship certificate. The issue for these sponsors is rarely status. It is usually evidence: showing the relationship and a genuine plan to live in Australia when the sponsor may never have lived here.

Sponsors living overseas

An Australian citizen living overseas can sponsor a partner visa, because the criteria do not require a citizen sponsor to live in Australia. A permanent resident living overseas is in a different position. The "usually resident" element of the regulation 1.03 definition, and the travel facility on the permanent visa, both need checking before lodgement. Our answers on Australians living overseas who want to sponsor a partner and on a sponsor who is overseas while a Subclass 820 is processed explain the practical issues. Couples in this position often lodge a Subclass 309, and our guide on long-distance partner visa relationships explains the evidence that matters.

Sponsors whose own visa is cancelled

A sponsor whose permanent visa is cancelled stops being a permanent resident and loses partner visa sponsor eligibility unless the cancellation is overturned. The partner visa application then depends on the outcome of the sponsor's own cancellation matter. Our visa cancellation page explains how cancellation decisions can be reviewed, and our guide on partner visa character requirements explains character issues on the applicant's side.

What Tribunal decisions show about partner visa sponsor eligibility

Published Tribunal decisions show that partner visa sponsor eligibility problems are often fixed or overtaken on review, because the Administrative Review Tribunal (ART) decides the matter on the facts as they stand at the time of its own decision. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The decisions below were remitted (sent back to the Department) and are described only by their published headnotes.

• Vispo (Migration) [2023] AATA 694 (Subclass 820): the sponsor's permanent visa was cancelled, and the cancellation was set aside by a differently constituted Tribunal. The sponsor's own status was the issue, and it was restored through a separate review.
• Lei (Migration) [2024] AATA 1166 (Subclass 820): the sponsor's Resident Return visa was cancelled after a criminal conviction, and the cancellation was set aside on review. The headnote also records findings on the genuine and continuing relationship.
• Rogers (Migration) [2020] AATA 4743 (Subclass 309): five years had not lapsed since the earlier visa application, but five years elapsed during the review process. This shows why the time of decision matters for the past-sponsorship limits.
• Promthong (Migration) [2024] AATA 2472 (Subclass 820): a prior sponsorship had been approved within five years of the primary decision.
• Madrigal Urrea (Migration) [2019] AATA 6385 (Subclass 820): the headnote refers to a de facto relationship, the 12-month rule, a relationship certificate and the age requirement.

None of these decisions are My Migration Lawyers matters, and each turned on its own facts. They illustrate one practical point. Where a sponsor's status or a sponsorship limit is in doubt, the timing of decisions and the right review steps can matter as much as the facts. A partner visa refused on sponsor grounds has a strict review deadline: an application for review must generally be made within 28 days after the day the applicant is notified (7 days in immigration detention), and that time limit cannot be extended. Our guides to the ART review process for partner visas, the partner visa appeal deadline and what to do when a partner sponsorship is refused explain the next steps, and our answer on challenging a refusal based on sponsorship limitations covers that specific ground.

A partner visa sponsor eligibility self-check

A partner visa sponsor eligibility self-check asks five questions, and every answer must be "yes" before a partner visa is lodged. Work through them with documents in front of you, not from memory.

• Is the sponsor an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen today? Check the passport, citizenship certificate or permanent visa grant notice. A pending application does not count.
• If the sponsor is a permanent resident, is Australia still their usual home, and is their travel facility current? A long absence from Australia needs checking.
• If the sponsor is a New Zealand citizen, can eligible New Zealand citizen status be proved from movement records or a Certificate of Australian Residence? Holding a Subclass 444 alone is not enough.
• Has the sponsor turned 18? If not, a parent or guardian who meets the status rules must sponsor, and the relationship itself must still meet the age rules.
• Is the sponsor the applicant's own spouse, de facto partner or intended spouse? For a Subclass 300, have both partners met in person since each turned 18?

Then ask two approval questions, which are not part of partner visa sponsor eligibility but often decide the outcome:

• Has the sponsor sponsored a partner before, or been sponsored as a partner, in a way that engages regulation 1.20J?
• Does the sponsor hold, or did they recently hold, a Contributory Parent visa or a Subclass 204 Woman at Risk visa, or have any criminal history that the sponsorship form asks about?

If any answer is "no" or "not sure", get advice before lodging. Our answers on partner visa requirements and de facto visa requirements, and the full partner visa requirements guide, set out the applicant's criteria. The partner visa checklist lists the documents most couples gather. Our answer on whether a sponsor needs a minimum income confirms that there is no income test, although the sponsor does give an undertaking to support the applicant.

Common partner visa sponsor eligibility mistakes

The most common partner visa sponsor eligibility mistake is naming a sponsor who does not yet hold the required status, usually because a permanent visa is still pending or a New Zealand citizen assumes they are eligible. Many published guides say only that the sponsor must be "a citizen, permanent resident or eligible New Zealand citizen" and stop there. That is correct but incomplete, and the gaps cause refusals.

The mistakes we see most often are:

• Treating a pending permanent visa as permanent residence. The status exists only after grant. The application is tested at lodgement.
• Treating every New Zealand citizen as eligible. Eligible New Zealand citizen status is defined by reference to 26 February 2001, not current residence or a current Subclass 444.
• Treating a temporary visa holder as a sponsor. A student, skilled, graduate or bridging visa holder cannot sponsor, even with long residence.
• Asking a parent to sponsor an adult child's partner. The parent or guardian rule applies only where the Australian partner is under 18.
• Assuming status alone is enough. A citizen can be blocked by regulation 1.20J, especially a citizen who was once sponsored as a partner.
• Ignoring the Subclass 300 meeting rule. The couple must have met in person since each turned 18.
• Forgetting the permanent resident overseas. Usual residence and the travel facility need checking.
• Lodging first and checking later. An application lodged with an ineligible sponsor is usually refused and can create further problems, including the section 48 bar for applicants in Australia.

Our articles on common partner visa application mistakes, the main reasons partner visas are refused, why partner visas get refused and Subclass 820 refusals explain how these errors play out. If a refusal has already happened, our guide to partner visa refusal appeal options and the firm's partner visa refusals service explain the review path.

How My Migration Lawyers helps with partner visa sponsor eligibility

My Migration Lawyers checks partner visa sponsor eligibility from documents before anything is lodged, and acts for couples whose sponsor status is uncertain or complex. The firm deals with complex cases, acts in many partner visa matters where the sponsor's status, age or past sponsorship history is the deciding issue, and is capable of handling them from the first check through to review.

On a partner visa sponsor eligibility matter, the work is concrete:

• Status confirmed from records. We review the sponsor's passport, citizenship certificate or permanent visa grant, and their immigration history. For a New Zealand citizen we check the movement records and any Certificate of Australian Residence against the regulation 1.03 definition.
• Timing mapped. Where status is pending, we identify the earliest date the sponsor can lawfully be named. We also identify what the couple can do lawfully in the meantime.
• Relationship and age rules checked. We confirm the relationship is a spouse, de facto or prospective marriage relationship of the kind the law recognises, and that the age rules are met.
• Approval risks identified early. We test regulation 1.20J, regulation 1.20KA, the Subclass 204 preclusion and the sponsor's declarations, so a waiver submission can be made before the decision rather than after it.
• The sponsor's evidence presented properly. We present the sponsor's own documents and account in the form the law requires, consistent with the applicant's application.

The firm is led by Weiwei Zhang, Principal Lawyer. You can learn about My Migration Lawyers, about the firm's partner visa lawyer work, and about complex partner visa applications. Our guide on when you need an immigration lawyer for a partner visa explains where advice adds most, and our factual comparison of migration agents and immigration lawyers for a partner visa explains how the two professions are regulated. The article on a partner visa lawyer consultation explains what happens in a first meeting.

My Migration Lawyers acts for couples across Australia and overseas by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000.

Every partner visa sponsor eligibility question depends on the sponsor's own records, and no lawyer can promise an outcome. What My Migration Lawyers can do is tell you clearly whether the sponsor can sponsor now, what stands in the way if not, and which visa fits the couple's position today.

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