Partner Visa Sponsor FAQs

These partner visa sponsor FAQs answer the questions Australian sponsors ask most often before and during a partner visa application. The partner visa sponsor FAQs below cover who can sponsor, what the sponsor promises, police checks, sponsorship limits, character rules, withdrawal, refusal and review, with each answer tied to the Migration Regulations 1994 and current Department policy.

The sponsor is the Australian citizen, Australian permanent resident or eligible New Zealand citizen whose relationship with the applicant is the basis of a Subclass 820, Subclass 309 or Subclass 300 visa. The sponsor lodges an online sponsorship, signs an undertaking and is assessed in their own right. That makes the sponsor's position very different from a referee or a witness.

This guide is a reference. The partner visa sponsor FAQs are grouped by stage, from eligibility through to review, and each answer is short at the top and then explains the detail. For a full overview of every subclass and stage, read the firm's complete guide to partner visas in Australia. For the sponsor's role in depth, the partner visa sponsor guide is the starting point. Couples who want advice on their own facts can speak with the firm's partner visa lawyers.

Partner visa sponsor FAQs: who can sponsor a partner visa?

A partner visa sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is the spouse, de facto partner or, for a Subclass 300 visa, the intended spouse of the applicant.

The sponsorship criteria sit in the visa provisions themselves. For the onshore visa, paragraph 820.211(2)(c) requires the applicant to be sponsored by the spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. For the offshore visa, subclause 309.213(1) is to the same effect. The Subclass 300 prospective marriage visa requires sponsorship by the intended spouse.

Among the partner visa sponsor FAQs, the most frequent misunderstanding is that any Australian resident can sponsor. That is not the law. A person who holds a temporary visa, including a skilled or student visa, cannot be the sponsor, even if they are living in Australia with the applicant. The firm's guides to sponsoring as an Australian citizen, sponsoring as a permanent resident and partner visa sponsor eligibility explain each category. The short answer on who can sponsor a partner visa is a quick reference.

Must the sponsor already hold that status when the application is made?

Yes. The relationship criterion is assessed at the time of application. Subclause 309.211(2) requires the applicant, at the time of application, to be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and the onshore criterion in subclause 820.211(2) is framed the same way. A sponsor whose permanent visa application is still being processed is not yet a permanent resident. The firm's guides to sponsors whose permanent residence is pending and sponsors on temporary visas explain the timing.

Partner visa sponsor FAQs: can a person under 18 be a sponsor?

No. If the Australian partner has not turned 18, the sponsor must be a parent or guardian of that partner who has turned 18 and is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

That rule appears in paragraph 820.211(2)(c) for the onshore visa and in subclause 309.213 for the offshore visa. It applies only in the rare case where the Australian partner is under 18 at the time of application. The relationship itself must still meet the definitions in the Migration Act. A de facto relationship requires both parties to be at least 18, and the Department's instructions on married relationships explain the separate rules for foreign marriages involving a person under 18.

Partner visa sponsor FAQs about age are often really questions about the applicant's age, or about a marriage that took place overseas when one party was young. The firm's guide to partner visa age requirements and the article on the partner visa sponsor's age explain those issues.

Partner visa sponsor FAQs: can a New Zealand citizen be a sponsor?

Only an eligible New Zealand citizen can sponsor a partner without first becoming an Australian citizen or permanent resident. An eligible New Zealand citizen is a New Zealand citizen who is a protected Special Category Visa holder within the meaning of the Social Security Act 1991.

In general terms, protected Special Category Visa holders are New Zealand citizens who were in Australia on 26 February 2001, who were in Australia for at least 12 months in the two years before that date, or who were assessed as protected before 26 February 2004. Most New Zealand citizens who arrived later are not eligible New Zealand citizens and cannot sponsor a partner until they become Australian citizens or permanent residents.

This is one of the partner visa sponsor FAQs where the answer often surprises people who have lived in Australia for many years. The firm's guides to New Zealand citizen partner visa sponsors and to when a New Zealand citizen is not an eligible sponsor explain the position, and the short answer on whether a New Zealand citizen can sponsor a partner gives the quick version.

Partner visa sponsor FAQs: does it matter whether we are married, de facto or engaged?

Yes. The type of relationship decides which visa the applicant can apply for and what the couple must prove, although the sponsor's eligibility rules are the same in each case.

A married couple must show a marriage that is valid for migration purposes and a genuine and continuing relationship under section 5F of the Migration Act. A de facto couple must meet section 5CB, which generally requires a relationship of at least 12 months before the application unless the relationship is registered or another recognised exception applies. An engaged couple who intend to marry in Australia can use the Subclass 300 prospective marriage visa, and the applicant must have met the sponsor in person since turning 18.

Same-sex couples are treated in the same way. The Marriage Act 1961 has permitted marriage regardless of gender since 9 December 2017, and foreign same-sex marriages recognised where they were solemnised are recognised in Australia. Partner visa sponsor FAQs from same-sex couples are therefore mostly about evidence rather than eligibility. A marriage that cannot be recognised, for example because a previous marriage had not ended, is assessed as a de facto relationship instead.

The firm's guides to de facto partner visas, overseas marriages recognised in Australia and the firm's LGBTI partner visa page explain each relationship type, and the short answer on spouse versus de facto visas gives the comparison.

Partner visa sponsor FAQs: what does a sponsor agree to do?

A partner visa sponsor signs an undertaking that includes ensuring adequate accommodation for the applicant, providing financial assistance as required to meet the applicant's reasonable living needs for up to two years, and telling the Department in writing if the sponsor withdraws support before the application is finalised.

The two-year period runs from the applicant's arrival in Australia or, if the applicant applied in Australia, from the date of visa grant. The undertaking is a promise to support the applicant if the applicant cannot support themselves. It is not a bond and it does not require the sponsor to hand over money as a condition of the visa.

Partner visa sponsor FAQs about obligations also ask whether the sponsor must attend an interview. The sponsor should expect that the Department may ask to interview both partners, particularly where it has concerns about the relationship, and should make themselves available if asked. The firm's guides to partner visa sponsor obligations, the sponsor undertaking and the sponsor interview explain each obligation in more detail.

Partner visa sponsor FAQs: is there an income test for sponsors?

No fixed minimum income figure is prescribed for partner visa sponsors in the Subclass 820, Subclass 309 or Subclass 300 criteria. The sponsor's financial position is relevant mainly as evidence of the relationship and of the sponsor's ability to honour the undertaking.

Joint finances, shared expenses and support given to the applicant form part of the financial aspects of the relationship under regulation 1.15A or regulation 1.09A. A sponsor on a low income, a student, a retiree or a person receiving government payments is not excluded for that reason alone. What matters is whether the evidence, read as a whole, shows a genuine and continuing relationship.

The short answers on whether there is a minimum income for a partner visa sponsor and on sponsors receiving Centrelink payments, together with the guide to partner visa income requirements, deal with the most common versions of this question.

Partner visa sponsor FAQs: what documents does a sponsor provide?

A sponsor provides evidence of identity and of Australian citizenship, permanent residence or eligible New Zealand citizen status, together with evidence of the relationship and any police checks the Department requests.

In practice, the sponsor's documents usually include a passport or other identity document, a citizenship certificate or full Australian birth certificate, or evidence of the permanent visa held, evidence of any change of name, and documents about previous marriages, such as divorce orders. The sponsor also contributes to the joint relationship evidence: leases, bank statements, bills, photographs, travel records, messages and the sponsor's own statement about the relationship. Documents not in English need English translations.

Partner visa sponsor FAQs about documents often ask how much is enough. There is no fixed number. The evidence must cover the financial, household, social and commitment aspects of the relationship that the Department considers under regulation 1.15A or regulation 1.09A. The firm's guides to sponsor documents, proof of the sponsor's citizenship and the partner visa document checklist set out typical evidence, and the short answer on sponsor documents for a partner visa gives a quick list.

Partner visa sponsor FAQs on police checks: when does a sponsor need one?

A partner visa sponsor needs to provide police checks when the Department asks for them under regulation 1.20KC(5). The request can cover an Australian check and checks from other countries where the sponsor has lived.

Department policy treats 28 days from the request as a reasonable time to provide the checks or, at a minimum, evidence that they have been requested, and allows more time where a foreign check is genuinely delayed. If the sponsor provides nothing and does not engage, regulation 1.20KC(6) allows the Department to refuse to approve the sponsorship.

Under Department policy, a foreign police check may be requested for any country where the sponsor has lived for 12 months or more in total since the later of turning 16 or 10 years before the request. Policy for female sponsors differs in some respects, which is why many partner visa sponsor FAQs from women sponsors ask whether a check will be requested at all. The firm's guides to the partner visa sponsor police check, the police check policy for female sponsors and police checks at the second stage explain the detail. Where a certificate cannot be obtained, the short answer on what to do if a police certificate cannot be obtained is a useful guide.

Partner visa sponsor FAQs: how many times can a person sponsor a partner?

A person can generally have no more than two approved partner sponsorships in their lifetime, and must wait at least five years between them, under regulation 1.20J. The Department may approve a sponsorship outside those limits only if there are compelling circumstances affecting the sponsor.

Department policy explains several rules that often help sponsors:

• a previous sponsorship counts only if it resulted in the grant of a visa, so a sponsorship linked to a refused application does not count;
• the two stages of a partner visa, such as Subclass 820 and Subclass 801, count as one sponsorship;
• the five years is measured from the date the earlier visa application was made to the date the current sponsorship is decided; and
• the fact that the applicant was sponsored by someone else in the past is not relevant to the current sponsor's limit.

Policy examples of compelling circumstances include a dependent child of the applicant and sponsor, the death of the previous partner, a previous spouse abandoning the sponsor with dependent children, and a longstanding new relationship. The list is not exhaustive.

The Subclass 820 remittal in 2002289 (Migration) [2023] AATA 4513 records issues of a sponsorship limit, two previous sponsorships and associated visas, compelling circumstances to waive the requirement, and a longstanding, committed, registered relationship. The Tribunal remitted the matter. The firm's commercial page on partner visa sponsorship limitations, its guide to when a sponsor cannot sponsor a partner visa and the short answer on sponsoring more than one partner explain the rule.

Partner visa sponsor FAQs: can a person who was sponsored as a partner sponsor a new partner?

Yes, but not until at least five years after their own partner visa application was made, unless there are compelling circumstances affecting them. That rule is in regulation 1.20J(1)(c).

Department policy measures this five years from the date the sponsor's own visa application was made to the date the current sponsorship is approved or refused. A person who arrived on a partner visa, separated and then formed a new relationship often meets this limit. Policy states that a person granted a permanent partner visa on family violence grounds, or after the death of their sponsor, has still been sponsored, although those circumstances may support a finding of compelling circumstances.

The Subclass 820 remittal in Mayu (Migration) [2021] AATA 2301 records issues of a sponsorship limitation, two previous sponsorships, compelling circumstances affecting the sponsor, and that the first husband left after obtaining permanent residency. The Tribunal remitted the matter. This is one of the partner visa sponsor FAQs where the facts of the earlier relationship matter a great deal. The short answer on a sponsored partner sponsoring a new partner and the guide to the sponsor's own visa history explain the rule.

Partner visa sponsor FAQs: what criminal history stops a person from sponsoring?

A sponsor convicted of a relevant offence who also has a significant criminal record in relation to that offence must be refused under regulation 1.20KC(3), unless the Department decides under regulation 1.20KC(4) that it is reasonable to approve the sponsorship.

Relevant offences under regulation 1.20KC(2) are offences involving violence against a person, harassment, molestation, intimidation or stalking, breach of an apprehended violence order or similar order, firearms or other dangerous weapons, people smuggling, and human trafficking, slavery or slavery-like practices, together with attempting, aiding or abetting those offences. A significant criminal record, under regulation 1.20KD, broadly means a sentence of imprisonment of 12 months or more for the relevant offence, or two or more terms totalling 12 months or more.

When deciding whether approval is reasonable, the Department considers the time since the sentence was completed, the best interests of the sponsor's or applicant's children and the length of the relationship. A conviction for a relevant offence without a significant criminal record cannot be a reason to refuse under regulation 1.20KC(3), but policy is to disclose it to the applicant with the sponsor's consent.

The Subclass 820 remittal in Ellis (Migration) [2024] AATA 3411 records issues of sponsorship approval, a sponsor convicted of a "relevant offence", a "significant criminal record" and whether it was reasonable to approve. The Tribunal remitted the matter. Many partner visa sponsor FAQs in this area relate to a single old conviction, which is often less serious under these rules than sponsors fear. The firm's guides to partner visa sponsor relevant offences, the significant criminal record test, a sponsor conviction with no jail and the sponsor risk assessment explain the steps, and the short answer on a sponsor with a criminal record gives the overview.

Partner visa sponsor FAQs: must the sponsor agree to convictions being disclosed?

Yes. Consent to the Department disclosing any convictions for relevant offences to the applicant is a time of decision requirement for the Subclass 300, Subclass 309 and Subclass 820 visas.

Department policy states that if the sponsorship form shows the sponsor does not consent, grounds to refuse the visa exist because clause 300.222, clause 309.222 or clause 820.221 cannot be met. Where the form shows consent, the Department does not need to ask again, however much time has passed. Disclosure is intended to let the applicant make an informed decision about continuing the application. It is not used to pressure the applicant either way. Of all the partner visa sponsor FAQs about character, this is the one with the simplest answer: consent should be given, and any relevant history should be explained to the applicant first by the sponsor. The guide to the partner visa sponsor criminal record explains how disclosure works in practice.

Partner visa sponsor FAQs: when is the sponsorship lodged and decided?

The online sponsorship is usually lodged by the sponsor after the visa application has been made, using the reference from the application, and it is decided as part of the visa decision rather than separately.

For most applicants, the visa application is valid without the sponsorship, because the online sponsorship form is approved but not prescribed under Schedule 1. The exception is an onshore applicant subject to section 48, who must provide the completed sponsorship at the same time as the application. In every case, the sponsorship must be approved and in force when the Department decides the temporary visa. Department policy notes that a sponsor for a two-stage partner visa is counted once, because there is no separate sponsorship approval for the Subclass 801 or Subclass 100 stage.

Partner visa sponsor FAQs about timing often come from couples who lodged months ago and have heard nothing. The firm's guides to partner visa sponsorship lodgement, sponsorship approval and sponsorship delays explain the process, and the short answer on the Form 40SP explains the form.

Partner visa sponsor FAQs: what happens if the sponsor's own status changes during processing?

It depends on the change. A permanent resident sponsor who becomes an Australian citizen during processing remains an eligible sponsor. A sponsor whose permanent visa is cancelled, or who loses the ability to return to Australia, may no longer be able to support the application.

Citizenship is the common and harmless change. The sponsor should tell the Department and provide the citizenship certificate. The more serious partner visa sponsor FAQs concern cancellation. The Subclass 820 remittal in Vispo (Migration) [2023] AATA 694 records issues that the sponsor's permanent visa was cancelled and that the Tribunal, differently constituted, set aside the cancellation of the sponsor's visa. The Tribunal remitted the matter.

A permanent resident sponsor who spends long periods overseas should also check that their travel facility remains valid. The firm's guides to a sponsor gaining citizenship during processing, a sponsor's permanent residence cancellation, the sponsor's resident return visa and a sponsor returning to Australia explain each scenario.

Partner visa sponsor FAQs: can a sponsor withdraw sponsorship?

Yes. A sponsor can withdraw sponsorship by telling the Department in writing, and the undertaking requires the sponsor to do so if they withdraw support before the application is finalised. Once the sponsorship is no longer in force, the visa will usually be refused unless an exception applies.

The exceptions protect applicants, not sponsors. Under subclause 820.221(3) and the related provisions for the permanent stage, an applicant whose relationship has ended may still be granted the visa where the sponsor committed family violence, or where the applicant has custody, access or similar rights in relation to a child of the relationship, or where the sponsor has a maintenance obligation for that child. The family violence provisions in Division 1.5 set out how family violence is established.

The Subclass 820 remittal in Haikin (Migration) [2019] AATA 3241 records issues that the sponsorship was withdrawn, the relationship with the sponsor ceased and the applicant was a family violence victim. The Tribunal remitted the matter. Partner visa sponsor FAQs about withdrawal should be answered before the withdrawal is sent, because a withdrawal made in anger is hard to reverse. The short answers on whether a sponsor can withdraw sponsorship, on withdrawing and then reconciling and on notifying Home Affairs that a relationship has ended, and the firm's family violence partner visa page, explain the options.

Partner visa sponsor FAQs: what happens if the sponsor dies during the application?

The applicant may still be granted the visa. The Subclass 820 criteria include a provision, in subclause 820.221(2), for an applicant whose sponsoring partner has died, and the permanent stage has a corresponding provision where the sponsor dies after the temporary visa is granted.

Those provisions generally require that the relationship was genuine and continuing until the sponsor's death and that the applicant has close ties to Australia. Department policy also allows the permanent visa to be granted within the usual two-year period where the sponsor has died. The Subclass 820 remittal in Mulungu (Migration) [2020] AATA 1815 records issues that the parties were validly married, a marriage certificate was provided, the sponsor passed away, and the applicant was the sole beneficiary of the sponsor's will. The Tribunal remitted the matter. The firm's guide to a partner visa after the partner's death and the short answer on what happens if the sponsor dies explain the evidence needed.

Partner visa sponsor FAQs: does the sponsor have a role at the second stage?

Yes. To be granted the permanent Subclass 801 or Subclass 100 visa in the ordinary way, the applicant must continue to be sponsored by the same sponsor and the relationship must still be genuine and continuing, which the Department assesses afresh.

Paragraph 801.221(2)(b) requires the applicant to continue to be sponsored by the sponsoring partner, or by the person who sponsored the applicant for the temporary visa. In most cases at least two years must have passed since the application was made. That waiting period does not apply if, at the time of application, the couple were in a long-term partner relationship, meaning a relationship of at least three years, or at least two years if there is a dependent child of both partners other than a step-child.

Partner visa sponsor FAQs at this stage usually concern updated evidence and police checks. The firm's guides to the sponsor at the second stage, second stage documents and the partner visa two-stage process explain what is needed, and the short answer on when to apply for the Subclass 801 covers timing.

Partner visa sponsor FAQs: what happens if the sponsorship is refused, and can it be reviewed?

If the sponsorship is not approved, the visa must be refused, and the refusal can be reviewed by the Administrative Review Tribunal if the review application is lodged within 28 days after notification, or 7 days if the applicant is in immigration detention.

The time limit comes from section 347(3) of the Migration Act and cannot be extended. The review fee must be paid within the same period. For fees paid on or after 1 July 2026, the migration review fee is AUD 3,727, with a 50% reduction available for financial hardship and a 50% refund if the decision is set aside, varied or remitted. For a Subclass 820 refusal, the applicant applies. For a Subclass 309 refusal, current Department instructions state that the visa applicant applies under regulation 4.02(5)(raa). For a Subclass 300 refusal, the sponsor applies.

The Tribunal considers the matter afresh and can decide for itself whether the sponsorship should be approved, including whether compelling circumstances exist or whether approval is reasonable. Where the applicant is in Australia on a Bridging visa A linked to the refused Subclass 820 application, that bridging visa ceases 35 days after the refusal, or 35 days after the Tribunal decision if review is sought.

These partner visa sponsor FAQs lead to the most urgent work the firm does. The firm's partner visa refusal lawyers and visa refusals pages, the urgent visa refusal review service, the guides to the partner visa appeal deadline and ART fees for partner visas, and the short answers on what happens when a partner sponsorship is refused and on challenging a refusal based on sponsorship limitations explain the process.

Partner visa sponsor FAQs: how do children affect the sponsorship?

Children can affect a partner visa sponsorship in three ways: the applicant's dependent children can be included as secondary applicants, a child of the relationship can help an applicant whose relationship ends, and the best interests of children are a factor when a sponsor has a significant criminal record.

Dependent children of the applicant are usually included in the application, and newborn children are added automatically under regulation 2.08 if born before the visa is decided. A child born in Australia acquires Australian citizenship by birth if a parent was an Australian citizen or permanent resident at the time of birth, which is why most children of a sponsor and applicant born in Australia do not need a visa at all. Where a sponsor's criminal history is being assessed under regulation 1.20KC(4), the best interests of the sponsor's or the applicant's children are one of the factors the Department considers.

Partner visa sponsor FAQs about children also arise where the applicant's child is from a previous relationship and the other parent does not consent to the child migrating. The firm's guides to adding children to a partner visa, stepchildren in a partner visa and child custody and consent explain the rules, and the short answer on a baby who is an Australian citizen covers newborns.

Partner visa sponsor FAQs: which partner visa is the sponsor supporting?

The sponsor supports whichever visa the applicant applies for: the onshore Subclass 820 and Subclass 801, the offshore Subclass 309 and Subclass 100, or the Subclass 300 prospective marriage visa. The sponsorship rules are largely the same, but the pathway changes the timing, the location requirements and who applies for review.

An applicant for a Subclass 309 visa must be outside Australia when applying. An applicant for a Subclass 820 visa must be in Australia, and may face condition 8503, section 48 or Schedule 3 issues depending on their visa status. A Subclass 300 applicant must intend to marry the sponsor in Australia. The Partner visa application charge for the Subclass 820 and 801, or Subclass 309 and 100, combination is AUD 11,710 for most applicants at the time of writing.

Many partner visa sponsor FAQs are really pathway questions. The firm's commercial pages on the Subclass 820 partner visa, the Subclass 309 partner visa and the Subclass 300 prospective marriage visa, and the guide to onshore versus offshore partner visas, explain the choice. The general partner visa FAQs article covers applicant-side questions not dealt with here.

How does My Migration Lawyers help with partner visa sponsor FAQs and sponsor problems?

My Migration Lawyers deals with complex partner visa cases, acts in many matters where the sponsor's eligibility, history or conduct is the central issue, and is capable of handling the questions raised in these partner visa sponsor FAQs from the first assessment through to review at the Administrative Review Tribunal. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

For sponsors, the firm:

• confirms whether the sponsor is eligible, including New Zealand citizen status and the timing of permanent residence or citizenship;
• checks previous sponsorships and the sponsor's own sponsored visa against regulation 1.20J, and prepares a compelling circumstances submission where needed;
• assesses any criminal history under regulations 1.20KC and 1.20KD and advises on consent to disclose;
• manages police check requests so the sponsor responds within the policy timeframe;
• presents the sponsor's own account of the relationship, which the sponsor reviews and corrects, consistently with the applicant's account;
• advises before any withdrawal of sponsorship and on the options when the relationship ends, the sponsor dies or family violence is involved; and
• acts on refusals, including lodging review applications within time.

The firm acts for sponsors across Australia through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Sponsors who want their documents checked first can read the guides to sponsor documents and partner visa sponsor requirements, and those who need to lodge quickly can use the urgent partner visa lodgement service.

If a question in these partner visa sponsor FAQs matches your situation, or your situation is not covered here, book a consultation with My Migration Lawyers, or call 1300 040 300.