Partner Visa Sponsor With an Expired Travel Facility

A partner visa sponsor expired travel facility question usually arrives at the worst possible time. The couple are ready to lodge, or the application is already with the Department, and the Australian partner checks their visa record and sees that the travel facility on their permanent visa ended months or years ago. This guide explains what a partner visa sponsor expired travel facility situation actually means in law, when it matters, and what the sponsor should fix before the partner visa is lodged.

The short answer is that the travel facility is about travel, not about status. A permanent resident who stays in Australia keeps their permanent visa after the travel facility expires. The problem arises when the sponsor is overseas, wants to travel, or has lived outside Australia long enough that their residence itself is in doubt. Each of those cases has a different fix, and the order in which the fix happens can decide whether the partner visa is valid, approvable or refused.

This article is written for the sponsor: the Australian permanent resident who is sponsoring a spouse, de facto partner or fiancé. It covers the difference between being inside and outside Australia, the Resident Return visa, the "usually resident" element of permanent resident status, how to prove status to the Department, travel during processing, the risk of a Resident Return visa refusal or a cancellation, and when citizenship is the better long-term answer. If you are not yet sure you can sponsor at all, start with our guide to who can sponsor a partner visa and our overview of partner visa eligibility. My Migration Lawyers acts as partner visa lawyers for sponsors and applicants across Australia and overseas.

What does a partner visa sponsor expired travel facility actually mean?

A partner visa sponsor expired travel facility means that the sponsor holds a permanent visa whose 5-year travel period has ended, so the sponsor can no longer use that visa to re-enter Australia as a permanent resident. The permanent visa itself does not expire. What expires is the permission to travel to and from Australia on it.

Every permanent visa, whether it was a skilled visa, a family visa, a partner visa or a humanitarian visa, carries a travel facility. For most permanent visas, the travel facility generally allows the holder to leave and return to Australia for 5 years from the date of grant. After those 5 years, the holder can still live in Australia indefinitely. They simply need a Resident Return visa, usually called an RRV, before they can come back to Australia as a permanent resident after travelling.

That distinction is the source of most confusion in a partner visa sponsor expired travel facility matter. Sponsors often say "my PR has expired". In almost every case, that is wrong. The permanent visa has not expired. The travel facility has. Those are two very different legal problems, and treating one as the other leads to wrong decisions about lodgement.

Why the travel facility matters to sponsorship

Every partner visa sponsor expired travel facility question starts with the sponsor rules. The partner visa rules require the sponsor to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Under clause 820.211(2), clause 309.211 and clause 309.213 of Schedule 2 to the Migration Regulations 1994, the applicant must be the spouse or de facto partner of such a person, and be sponsored by them. Those are time of application criteria. The sponsorship must then be approved and remain in force at the time of decision under clause 820.221(4) and clause 309.222(1).

The travel facility is not itself a sponsorship criterion. No partner visa clause asks whether the sponsor's travel facility is current. But the travel facility affects two things that are criteria. First, it affects whether a sponsor who is overseas can return to Australia to live with the applicant as a permanent resident. Second, it often signals a longer question about whether the sponsor is still usually resident in Australia. That is why a partner visa sponsor expired travel facility issue deserves attention even though the travel facility is not named in the partner visa clauses.

Our guide to partner visa requirements explains the full set of criteria. This article stays on the sponsor's travel facility and status.

Partner visa sponsor expired travel facility: inside Australia or outside Australia?

The single most important fact in any partner visa sponsor expired travel facility case is where the sponsor was when the travel facility expired, and where the sponsor is now. A sponsor who is in Australia is in a very different position from a sponsor who is overseas.

The sponsor is in Australia when the travel facility expires

A permanent resident who is in Australia when the travel facility expires generally remains an Australian permanent resident. Their permanent visa continues in effect. They can live, work and study in Australia without limit of time. For sponsorship purposes, they are generally able to sponsor a partner in the same way as any other permanent resident.

The rule for this sponsor is simple: do not leave Australia without first obtaining a Resident Return visa, unless you are prepared to be outside Australia while one is applied for and decided. Once a permanent resident with an expired travel facility leaves Australia, they cannot return as a permanent resident on their existing visa. They need an RRV first.

For a couple lodging a Subclass 820 in Australia, a partner visa sponsor expired travel facility issue therefore often has no effect on lodgement at all, provided the sponsor stays in Australia and the sponsor is usually resident here. Our guide to the Subclass 820 visa explains the onshore pathway, and our FAQ on whether the applicant must be in Australia when the Subclass 820 is granted covers the applicant's side.

The sponsor is outside Australia when the travel facility expires

A permanent resident who is outside Australia when the travel facility expires, or who leaves after it expires, needs a Resident Return visa (Subclass 155 or Subclass 157) before returning to Australia as a permanent resident. That is the Department of Home Affairs position. Without an RRV, the sponsor cannot come back as a permanent resident on their existing permanent visa.

This is the partner visa sponsor expired travel facility scenario that causes real problems. The sponsor is often overseas with the partner. The couple want to apply for a Subclass 309 so the partner can migrate. But the sponsor cannot currently return to Australia as a permanent resident, and may also have been away long enough that the Department questions whether they are still usually resident in Australia.

The sponsor travels after the travel facility expires

A sponsor who is in Australia today, with an expired travel facility, and who plans to travel to visit the partner, is in a third position. If they leave without an RRV, they move from the safe "inside Australia" position into the difficult "outside Australia" position. The partner visa sponsor expired travel facility issue is then created by the trip itself. This is the most avoidable version of the problem, and the section below on travel during processing explains how to sequence it.

Is a sponsor with an expired travel facility still a permanent resident?

Yes, in most cases, but only if the sponsor is still usually resident in Australia. The permanent visa does not cease when the travel facility expires. However, the definition of "Australian permanent resident" in regulation 1.03 of the Migration Regulations is not simply "a person who holds a permanent visa".

Regulation 1.03 defines an Australian permanent resident as a non-citizen usually resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by law. Two elements matter in a partner visa sponsor expired travel facility case:

• Usually resident in Australia. The sponsor must be usually resident here. That turns on physical residence and the intention to make Australia home. A temporary absence does not necessarily break it.
• Presence not limited as to time. The sponsor's right to remain in Australia must not be time-limited. A permanent visa meets this element.

An Australian citizen has no "usually resident" requirement for sponsorship. This is one of the main practical differences between a citizen sponsor and a permanent resident sponsor, and it is why a partner visa sponsor expired travel facility problem is mostly a permanent resident problem.

What "usually resident" looks like in practice

Usually resident is a question of fact. Decision makers generally look at where the sponsor actually lives, how long they have been away, why they left, whether they kept a home, work, bank accounts and family ties in Australia, and whether they intend to return to live here. A sponsor who went overseas for a few months to care for a parent, kept their Australian lease and job, and always planned to come back is in a very different position from a sponsor who moved overseas years ago, sold their Australian home and works abroad.

A partner visa sponsor expired travel facility situation is often a sign of a long absence. The travel facility generally lasts 5 years. A sponsor whose facility expired while they were overseas may have been living outside Australia for much of that time. That history is exactly what a decision maker examines when deciding whether the sponsor is usually resident. Our article on whether an Australian living overseas can sponsor a partner visa covers the overseas sponsor question more broadly, and our guide on a partner visa during an extended overseas absence explains how long absences are assessed.

Common errors about status and the travel facility

Several beliefs lead sponsors to the wrong decision. Each one is wrong as a general statement:

• "My PR expired after 5 years." No. The travel facility generally expires after 5 years. The permanent visa does not.
• "I need to renew my PR before I can sponsor." No, not if you are in Australia and usually resident here. There is no renewal of permanent residence. An RRV is a travel document in visa form, not a renewal of status.
• "If I have a permanent visa, I am a permanent resident wherever I live." Not necessarily. The regulation 1.03 definition requires the sponsor to be usually resident in Australia.
• "An RRV fixes everything." No. An RRV allows return as a permanent resident. It does not automatically answer whether the sponsor is usually resident in Australia at the time the partner visa application is made.

Our overview of who can sponsor a partner visa sets out the three categories of eligible sponsor, and our FAQ on whether a temporary visa holder can sponsor a partner visa explains why temporary residents cannot.

The Resident Return visa: Subclass 155 and Subclass 157

A Resident Return visa is a permanent visa that gives a current or former Australian permanent resident a new travel facility, so they can return to Australia as a permanent resident. It is the standard fix for a partner visa sponsor expired travel facility problem where the sponsor is overseas or plans to travel.

There are two RRV subclasses:

• Subclass 155. The main Resident Return visa. It is generally granted with a travel facility whose length depends on the applicant's time in Australia and ties to Australia.
• Subclass 157. A Resident Return visa generally granted with a shorter travel facility, for applicants who do not meet the residence requirement for a longer Subclass 155 but have reasons for their absence.

The eligibility criteria for an RRV turn on time spent in Australia as a permanent resident or citizen and, where that time is not met, on substantial ties to Australia that benefit Australia, and on the reasons for any long absence. The precise thresholds are set by the regulations and Home Affairs policy and should be checked on the facts before any application. My Migration Lawyers does not state RRV eligibility numbers in general guidance, because a partner visa sponsor expired travel facility case often sits close to the line and the exact period matters.

Character and the RRV

An RRV is a visa like any other, and the sponsor must meet the character requirements. In a partner visa sponsor expired travel facility case, character is often the hidden issue. A sponsor with a criminal conviction, in Australia or overseas, should take advice before applying, because an RRV refusal on character grounds can leave a permanent resident who is overseas unable to return as a permanent resident. Our guides to partner visa character requirements and section 501 character concerns explain the character test. The sponsor's own record also matters under the sponsorship rules, which our FAQ on whether a partner visa can be granted if the sponsor has a criminal record explains.

Where the RRV is applied for

A Subclass 155 can generally be applied for from inside or outside Australia. A sponsor who is in Australia with an expired travel facility and who plans to travel can apply before leaving, so that the new travel facility is in place before the trip. A sponsor already overseas applies from outside Australia, and must wait for the decision before returning as a permanent resident. That waiting period is where many partner visa sponsor expired travel facility cases go wrong, because the couple lodge the partner visa in the meantime.

Partner visa sponsor expired travel facility: fix it before lodging a Subclass 309 or Subclass 820

The safest rule in any partner visa sponsor expired travel facility matter is to resolve the sponsor's status before the partner visa is lodged, not after. Sponsor status is a time of application criterion. A partner visa that is lodged while the sponsor's status is in doubt carries that doubt for its whole life.

The partner visa application charge is AUD 11,710 for most applicants (Home Affairs, checked October 2026; charges usually change each 1 July). It is not refunded if the application is refused or withdrawn. A couple who lodge while the sponsor is stuck overseas without an RRV, or while the sponsor's residence is questionable, put that charge at risk. Our guides to partner visa costs and who pays the partner visa fee explain the charges.

Before a Subclass 309 application

A Subclass 309 is lodged by an applicant outside Australia. The sponsor is often overseas too, living with the applicant. That is exactly the setting in which a partner visa sponsor expired travel facility problem is most serious.

Before lodging a Subclass 309, a permanent resident sponsor who is overseas with an expired travel facility should generally:

• Confirm the travel facility date. Check the visa grant notice and the sponsor's visa record to confirm when the travel facility actually expired.
• Assess usual residence honestly. List the time spent in and out of Australia, what the sponsor kept in Australia and why they left. If the sponsor has in reality moved overseas, the partner visa may not be the right first step.
• Apply for and obtain the RRV. Where the sponsor is eligible, the RRV is usually obtained before the Subclass 309 is lodged, so the sponsor can show that they can return to Australia as a permanent resident.
• Plan the return to Australia. Evidence that the sponsor has returned, or will return, to live in Australia supports both usual residence and the couple's intention to live together in Australia.
• Then lodge the Subclass 309. Only once the sponsor's position is settled.

Our guides to the Subclass 309 partner visa, offshore partner visas and mistakes that delay an offshore lodgement explain the offshore process. Our FAQ on whether the applicant must be outside Australia when the Subclass 309 is granted covers the grant rule.

Before a Subclass 820 application

A Subclass 820 is lodged by an applicant in Australia. Where the sponsor is also in Australia and usually resident here, a partner visa sponsor expired travel facility issue generally does not stop lodgement. The sponsor remains a permanent resident. The key risks are different:

• Travel during processing. If the sponsor plans to travel overseas while the Subclass 820 is being processed, the RRV should be obtained before the trip.
• A sponsor who has only just returned. If the sponsor recently came back to Australia on an RRV after a long absence, the evidence of re-established residence should be ready before lodgement.
• A sponsor who is overseas. If the applicant is in Australia but the sponsor is overseas with an expired travel facility, the couple should resolve the sponsor's RRV and residence before lodging. Our FAQ on whether the sponsor can live overseas while the Subclass 820 is processed explains the wider issues.

Our comparison of onshore and offshore partner visas and our FAQ on the difference between the Subclass 820 and Subclass 309 help couples choose the right pathway once the sponsor's status is clear.

Before a Subclass 300 application

The same logic applies to a prospective marriage visa. A Subclass 300 is sponsored by the Australian fiancé, who must be a citizen, permanent resident or eligible New Zealand citizen. A partner visa sponsor expired travel facility issue for a fiancé sponsor living overseas should be resolved before lodging. Our guide to the Subclass 300 prospective marriage visa and our FAQ on who can sponsor a prospective marriage visa explain the fiancé pathway.

The sponsorship form and the order of steps

The sponsorship form, Form 40SP, is not a Schedule 1 validity requirement for a Subclass 820 or Subclass 309, so the applicant can lodge first and the sponsor completes the sponsorship online through ImmiAccount afterwards. The exception is an applicant subject to section 48, who needs the sponsorship form and supporting declarations at lodgement under item 1124B(3)(e). Our FAQ on Form 40SP for a partner visa explains the form.

The fact that the sponsor completes the form later does not mean the sponsor's status can be fixed later. Sponsor status is still assessed at the time the visa application is made. A partner visa sponsor expired travel facility problem that exists on the day of lodgement is not cured simply because the sponsor completes the sponsorship form after obtaining an RRV. That is a point many couples misunderstand.

How does a sponsor prove permanent resident status to the Department?

A permanent resident sponsor proves status with their permanent visa evidence and, where residence is in issue, with evidence that they are usually resident in Australia. The Department will also check its own records, including the sponsor's visa history and travel movements.

For a partner visa sponsor expired travel facility case, the status evidence usually includes:

• The visa grant notice for the sponsor's permanent visa, and for any RRV granted since.
• The sponsor's passport biodata page, so the Department can match the sponsor to the visa record.
• The sponsor's current visa entitlement record, which shows the visa held and whether a travel facility is current.

Where usual residence may be questioned, the sponsor should also be ready to show their life in Australia: a lease or property ownership, employment or business records, tax records, bank accounts in regular use, enrolment of children in school, and evidence of family and community ties. Our FAQ on what documents the sponsor needs to provide lists the standard sponsor documents, and our partner visa document checklist covers the full application.

Consistency between the sponsor's history and the application

The Department sees the sponsor's movement records. If the forms say the couple have lived together in Australia for two years, but the sponsor's movements show the sponsor was overseas for most of that period, the inconsistency will be noticed. In a partner visa sponsor expired travel facility case, the sponsor's travel history is usually central, so every address, date and absence in the forms must match the record.

False or misleading information can lead to refusal of the applicant's visa under public interest criterion 4020, with later consequences. Our guides to public interest criterion 4020 and partner visa travel evidence explain why accuracy matters. The firm's article on common partner visa application mistakes lists the errors that most often cause problems.

Relationship evidence when the sponsor has been overseas

A sponsor who has been overseas, or who is waiting for an RRV, may have lived apart from the partner for periods, or lived with the partner outside Australia. Neither is fatal in a partner visa sponsor expired travel facility case. Living together overseas can count, and periods apart can be explained. But the household and commitment evidence must be prepared with that history in mind. Our guides to partner visa household evidence, partner visas without living together and living apart for work explain how these situations are assessed.

Partner visa sponsor expired travel facility and travel during processing

A sponsor with an expired travel facility can travel during processing, but should obtain an RRV before leaving Australia. That is the single most important travel rule in a partner visa sponsor expired travel facility case. Leaving first and applying later moves the sponsor from a secure position into an uncertain one.

Visiting the partner while a Subclass 309 is processed

Many sponsors want to visit the applicant overseas while a Subclass 309 is being processed, and this is where a partner visa sponsor expired travel facility problem is most often created by accident. That is normal, and visits strengthen the relationship evidence. For a sponsor with an expired travel facility, each visit is also a status risk:

• Before the trip. Obtain the RRV first, so the sponsor can return as a permanent resident.
• During the trip. Keep the trip consistent with usual residence in Australia. A short visit while keeping a home and work in Australia is very different from a move overseas.
• After the trip. Keep records of the trip, because they help both the relationship evidence and the residence evidence.

Our guides to partner visa overseas travel and travelling while the partner visa is being processed explain the general rules. Our FAQ on whether the applicant can visit Australia while the Subclass 309 is processed covers the applicant's travel.

Travelling during a Subclass 820 application

For an onshore couple, the applicant usually holds a bridging visa and has their own travel rules. The sponsor's rules are separate. A sponsor whose travel facility has expired must not leave Australia for a holiday, a family visit or work without first obtaining an RRV, even if the applicant has a Bridging B visa and can travel. Our FAQ on whether partners can travel overseas separately during processing covers trips by one partner, and our guide to the Bridging B visa during a partner visa explains the applicant's travel.

Emergencies

Emergencies are where a partner visa sponsor expired travel facility problem is most often created. A parent falls ill overseas and the sponsor flies out the same day, without an RRV. The sponsor then has to apply for an RRV from overseas, wait for the decision, and explain the absence. Where there is time, even a few days, take advice and lodge the RRV application before leaving. Where there is no time, keep evidence of the emergency, because the reasons for an absence are relevant both to the RRV and to usual residence. The firm's urgent visa lodgement service deals with time-critical matters.

Telling the Department about changes

The applicant has a duty to tell the Department of changes in circumstances while the application is undecided under section 104, using Form 1022. A change in the sponsor's address or country of residence can be a relevant change, and in a partner visa sponsor expired travel facility case it often is. Our guides to Form 1022 for a partner visa and partner visa change of circumstances explain when to notify.

What happens if the sponsor's RRV is refused or the sponsor's visa is cancelled?

If the sponsor's Resident Return visa is refused, or the sponsor's permanent visa or RRV is cancelled, the sponsor may lose the status on which the sponsorship depends, and the partner visa can then be refused because the sponsorship is no longer approved and in force. This is the most serious version of a partner visa sponsor expired travel facility problem.

RRV refusal for a sponsor who is overseas

A sponsor overseas whose RRV is refused cannot return to Australia as a permanent resident on their existing permanent visa. Whether they are still an Australian permanent resident within regulation 1.03 for sponsorship purposes then depends heavily on the facts, and in particular on whether they are still usually resident in Australia. In practice, a couple facing an RRV refusal should not lodge a partner visa until the RRV position has been reviewed and resolved. Review rights for an RRV refusal depend on the subclass, the ground and where the person is, so the decision notice must be read carefully and quickly.

Cancellation of the sponsor's visa

A sponsor's permanent visa, including an RRV, can be cancelled, most often on character grounds under section 501 after a criminal conviction. If the sponsor's visa is cancelled, the sponsor is no longer a permanent resident unless the cancellation is revoked or set aside. A partner visa that depends on that sponsor is then at serious risk. The firm's visa cancellation lawyers act in cancellation matters, and our FAQ on whether a permanent partner visa can be cancelled explains the cancellation framework. Our guide to partner visa cancellation review covers review options and deadlines.

Sponsorship refusal and the sponsor's own record

Separately from status, the sponsorship can be refused under regulations 1.20KB and 1.20KC if the sponsor has been convicted of a relevant offence or has a significant criminal record, unless it is reasonable to approve it. A sponsor whose RRV application has raised character questions should expect the same questions at the sponsorship stage of the partner visa sponsor expired travel facility matter. Our FAQs on what happens if the partner's sponsorship is refused and how a lawyer helps with a partner visa sponsorship refusal explain that process.

Other sponsorship limits still apply

Fixing the travel facility does not remove the other sponsorship limits. A partner visa sponsor expired travel facility case is still subject to every other sponsor rule. Under regulation 1.20J, a sponsor can generally have no more than two approved partner sponsorships in a lifetime, and must generally wait 5 years between sponsorships, and a sponsor who was themselves sponsored as a partner must generally wait 5 years from their own application. Compelling circumstances can justify approval. The firm's sponsorship limitation lawyers and our guide to when a sponsor cannot sponsor a partner visa explain these rules. Our FAQ on whether a person who was sponsored on a partner visa can sponsor a new partner covers the most common limitation.

What Tribunal decisions show about sponsor status problems

Published Tribunal decisions show that a partner visa can survive a sponsor status problem where the sponsor's visa is restored on review or where the sponsor's residence is properly established. The decisions below are drawn from reported remittals in partner visa matters. In each case, the Tribunal set aside the refusal and the matter was remitted to the Department. They are described only by what the published headnote records, and no outcome in one case predicts the outcome in another.

• Lei (Migration) [2024] AATA 1166. A Subclass 820 matter in which the sponsor's resident return visa had been cancelled after a criminal conviction and the cancellation was set aside on review. The headnote also records the genuine and continuing relationship, one child and a second pregnancy.
• Vispo (Migration) [2023] AATA 694. A Subclass 820 matter in which the sponsor's permanent visa was cancelled and the Tribunal, differently constituted, set aside the cancellation of the sponsor's visa.
• Faba-an (Migration) [2020] AATA 4250. A Subclass 820 matter involving the spouse of an Australian permanent resident who intended to live permanently in Australia, in which the sponsor's visa had been cancelled but was restored.
• SHAHIN (Migration) [2021] AATA 2611. A Subclass 820 matter in which the headnote records the sponsor's residence status, together with the genuine spousal relationship, the financial aspects and the nature of the household.

Three lessons follow for a partner visa sponsor expired travel facility case. First, the sponsor's own visa matters as much as the applicant's. When the sponsor's RRV or permanent visa was cancelled, the partner visa depended on the sponsor's visa being restored. Second, the sponsor's visa matter and the partner visa matter may run in parallel, before different decision makers, and both must be managed together. Third, sponsor residence status is a live issue that decision makers examine, as the headnote in SHAHIN records. These decisions are illustrations, not predictions, and every case depends on its own facts.

Review of a partner visa refusal

If a partner visa is refused because the sponsor did not meet the sponsor criteria, including after a partner visa sponsor expired travel facility problem, the refusal can usually be reviewed by the Administrative Review Tribunal. The application and fee must be lodged within 28 days after notification, or 7 days in immigration detention, under section 347(3), and that time limit cannot be extended. The ART fee is AUD 3,727 from 1 July 2026, with a 50% reduction available for financial hardship and a 50% refund if the decision is set aside or remitted. For a Subclass 820 the applicant applies for review, and for a Subclass 300 the sponsor applies. Our guides to partner visa appeal deadlines and partner visa ART fees explain the process, and the firm's partner visa refusal lawyers and visa refusal lawyers act in these reviews.

When is citizenship the better long-term fix?

Australian citizenship is the permanent fix for a partner visa sponsor expired travel facility problem, because a citizen has no travel facility and no "usually resident" requirement for sponsorship. But citizenship is a separate application with its own residence rules, and it is rarely the fastest fix for a sponsor who wants to lodge a partner visa now.

Citizenship by conferral generally requires 4 years of lawful residence in Australia immediately before applying, including 12 months as a permanent resident, with limits on absences. A sponsor who has spent long periods overseas, which is common in a partner visa sponsor expired travel facility case, may not meet the residence requirement for some time. A person becomes an Australian citizen by conferral on making the pledge at the ceremony, not when the application is approved.

For an eligible sponsor in Australia, applying for citizenship can be sensible planning, because it removes future travel and residence questions for good. For a sponsor overseas, the RRV usually has to come first. The two applications should be kept consistent, because the Department will compare the sponsor's residence and travel history across both. Our guides to the partner visa citizenship pathway and when a partner can apply for citizenship after a partner visa explain the timing on the applicant's side, which the couple will face later.

A practical sequence for a partner visa sponsor expired travel facility case

The order of steps is what decides most partner visa sponsor expired travel facility cases. A general sequence, which must be adapted to the facts, is:

• Find the dates. Confirm the date of grant of the sponsor's permanent visa, the travel facility expiry date and any RRV history.
• Map the sponsor's movements. List every departure and return. Where the sponsor is unsure, obtain the movement records rather than guessing.
• Decide where the sponsor is usually resident. Be honest. If the sponsor has in fact moved overseas, the strategy is different.
• Fix the travel facility if needed. Apply for the RRV before travelling, or from overseas before the partner visa is lodged.
• Re-establish residence if needed. Where the sponsor has been away, the return to Australia and the evidence of settling back should usually come before lodgement.
• Check the other sponsor criteria. Sponsorship limitations, character and the sponsor undertaking to provide adequate accommodation and financial assistance to meet the applicant's reasonable living needs for the first 2 years.
• Choose the subclass. Subclass 820, Subclass 309 or Subclass 300, depending on where the applicant is and the couple's plans.
• Lodge, then manage travel. After lodgement, keep the sponsor's travel facility current before any trip and notify relevant changes.

Our guides to the two-stage partner visa process and the difference between Subclass 820 and Subclass 801 explain what happens after the first stage. There is no separate sponsorship approval for the Subclass 801 or Subclass 100. The sponsor counts once, but the relationship and living arrangements continue to be assessed at the permanent stage.

How My Migration Lawyers helps a partner visa sponsor with an expired travel facility

My Migration Lawyers helps a partner visa sponsor expired travel facility client by settling the sponsor's status first and then lodging the partner visa in the order the law requires. The firm deals with complex sponsor status matters, including sponsors who are overseas with an expired travel facility, sponsors who need a Resident Return visa before lodgement, sponsors whose usual residence may be questioned, and sponsors whose own visa has been refused or cancelled. The firm acts in many sponsor matters of this exact type and is capable of handling them.

Our work on a partner visa sponsor expired travel facility matter usually follows these steps:

• Status check. We review the sponsor's visa grant notice, any RRV grants, the travel facility expiry date and the sponsor's current visa record, and we confirm whether the sponsor is in Australia or overseas.
• Movement and residence review. We map the sponsor's travel history and review the evidence of their life in Australia, so the usual residence question is answered before the Department asks it.
• RRV advice. Where the sponsor needs a Resident Return visa, we advise on eligibility, the subclass, the evidence and the timing, and on any character issue that may affect it.
• Lodgement sequence. We advise whether the partner visa should be lodged now, after the RRV, or after the sponsor has returned to Australia, and which subclass fits.
• Sponsor and relationship documents. We review the sponsor's documents, the forms and the couple's own relationship statements for consistency with the sponsor's movements, and ask the couple to correct and confirm their own account where anything does not match.
• Travel planning during processing. We advise the sponsor before any trip overseas while the partner visa is pending.
• Department and Tribunal. We deal with the Department on requests about the sponsor's status. Where a sponsor's visa has been cancelled or refused, or a partner visa has been refused on sponsor grounds, we advise on review and act before the Tribunal.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, browse our partner visa questions and answers, read our guide on when you need an immigration lawyer for a partner visa, or see our complete guide to partner visas in Australia. If you have already lodged and are worried about the sponsor's status, our guide to a partner visa second opinion explains what a review of the file involves.

My Migration Lawyers acts for sponsors and applicants across Australia and overseas by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

Every partner visa sponsor expired travel facility case is different, and no lawyer can promise the outcome of an RRV application or a partner visa. What My Migration Lawyers can do is tell you honestly where the sponsor stands, what must be fixed first, and how to lodge in an order that protects the application and the charge already at stake.

Book a consultation with My Migration Lawyers to have the sponsor's status and travel facility checked before you lodge. You can also call us on 1300 040 300.