Key Takeaways
- A partner visa sponsor lawyer advises the Australian citizen, permanent resident or eligible New Zealand citizen on sponsor eligibility, the sponsorship application, police checks, sponsorship limitations and any refusal, so that the sponsorship is approved as part of the visa decision.
- The Department of Home Affairs deals with the sponsor directly. Police check requests go to the sponsor, not to the applicant's representative, unless the sponsor has appointed a representative of their own.
- Regulation 1.20J limits a sponsor to two approved partner sponsorships and imposes five-year gaps, and regulation 1.20KC allows a sponsorship to be refused where the sponsor has a relevant offence and a significant criminal record, but both can be overcome in the right circumstances.
- My Migration Lawyers usually acts for the couple jointly. Both people are told at the start how information is shared and what happens if the relationship ends or their interests start to conflict.
- If the visa is refused because the sponsorship is not approved, review at the Administrative Review Tribunal must be applied for within 28 days of notification, and for a Subclass 820 or Subclass 309 refusal the visa applicant applies, not the sponsor.
A partner visa sponsor lawyer is a lawyer who advises and acts for the Australian partner who sponsors a Subclass 820, Subclass 309 or Subclass 300 visa. If you are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen sponsoring your partner, a partner visa sponsor lawyer checks that you can sponsor, prepares your side of the application and deals with the Department of Home Affairs when it asks you for police checks, documents or an interview.
At My Migration Lawyers, the sponsor's side of a partner visa is treated as legal work in its own right, not as an attachment to the applicant's case. A partner visa sponsor lawyer looks at problems that belong to the sponsor alone: whether you meet the definition of an eligible sponsor, whether the sponsorship limitation in regulation 1.20J of the Migration Regulations 1994 applies to you, whether your criminal record engages regulations 1.20KB, 1.20KC and 1.20KD, and whether your own visa history will raise questions. This page explains what the firm actually does for sponsors, how the firm acts for a couple jointly, and what happens if the relationship ends during the application.
For the general law, the firm's complete guide to partner visas in Australia and the partner visa sponsor guide cover the framework. This article is about the legal help a sponsor can get from a partner visa sponsor lawyer, and when that help matters most.
What does a partner visa sponsor lawyer do?
A partner visa sponsor lawyer advises the sponsor on every requirement the sponsor must meet, prepares the sponsor's part of the application, and represents the sponsor in dealings with the Department and, if needed, the Administrative Review Tribunal.
In practice, the work of a partner visa sponsor lawyer at My Migration Lawyers usually covers:
- Eligibility. Confirming that the sponsor is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, has turned 18, and is not barred or limited from sponsoring.
- The sponsorship application. Preparing the sponsorship part of the application, explaining the sponsorship undertaking and checking every answer the sponsor gives about their relationship history and previous sponsorships.
- Police checks and criminal history. Managing Australian and overseas police checks, reading the sponsor's criminal record against regulations 1.20KB, 1.20KC and 1.20KD, and advising on consent to disclose relevant offence convictions.
- Sponsorship limitations. Assessing regulation 1.20J and preparing a compelling circumstances submission where the sponsor has sponsored before or was sponsored themselves.
- Evidence and statements. Preparing the sponsor's own relationship statement, organising the sponsor's documents and coordinating Form 888 supporting statements from witnesses.
- Department correspondence. Responding to requests under section 56, invitations to comment under section 57, police check requests and interview requests.
- Refusal and review. Advising on review at the Administrative Review Tribunal if the sponsorship is not approved and the visa is refused.
The firm's partner visa lawyers page sets out the full partner visa service. The short answer on whether an Australian citizen sponsor needs a lawyer explains when sponsors usually seek advice.
Why does the sponsor need legal help on a joint application?
The sponsor needs legal help because the Department assesses the sponsor separately from the applicant, and several decisions that can sink the visa are decisions about the sponsor alone.
Approval of the sponsorship is a time of decision criterion for each partner visa. For the Subclass 820 visa it is subclause 820.221(4), for the Subclass 309 visa it is subclause 309.222(1), and for the Subclass 300 visa it is clause 300.222. If the sponsorship is not approved, the visa must be refused, however strong the relationship evidence is. Department policy also makes clear that approval of the sponsorship is part of the visa decision under section 65 of the Migration Act 1958, not a separate decision, and no separate notice is sent to the sponsor. A partner visa sponsor lawyer makes sure the sponsor's side does not become the weak point.
The Department also communicates with the sponsor directly. Under the Department's policy on regulations 1.20KC and 1.20KD, police check requests are to be made to the sponsor directly, not through the visa applicant or the applicant's representative, unless the sponsor has appointed a representative or authorised recipient of their own. The policy says decision makers should not assume that a representative appointed by the visa applicant is automatically appointed by the sponsor. That is why My Migration Lawyers asks the sponsor to complete their own appointment on Form 956 where the firm is acting for both partners. The firm's guide to Form 956 and Form 956A explains the forms.
A sponsor who is not represented can miss a police check request sent to an old email address, answer a question about previous relationships incorrectly, or fail to give consent to disclosure of convictions. Each of those can lead to refusal. The firm's guide to partner visa sponsor requirements lists what the sponsor must meet, and the article on partner visa sponsor obligations explains what the sponsor is promising. A partner visa sponsor lawyer protects the application from those avoidable sponsor-side errors.
Partner visa sponsor lawyer: checking sponsor eligibility first
The first job of a partner visa sponsor lawyer is to confirm that the sponsor can legally sponsor at all. If the sponsor is not eligible, nothing else in the application matters.
A partner visa sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. For a spouse or de facto partner applicant under subclause 309.213(1), the sponsor must have turned 18. If the partner has not turned 18, the sponsor is a parent or guardian of that partner who has turned 18 and is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The firm's guides to the partner visa sponsor age rules and partner visa sponsor eligibility explain these rules.
Australian citizens
An Australian citizen can sponsor, including a citizen by descent or a dual citizen. Questions usually arise about proof of citizenship and about citizens who have lived overseas for many years. The firm's articles on the Australian citizen partner visa sponsor, the citizen by descent sponsor and the sponsor living overseas cover those situations. An Australian citizen who lives overseas often sponsors a Subclass 309 visa, and a partner visa sponsor lawyer will check how the sponsor's plans to return to Australia should be evidenced.
Australian permanent residents
A permanent resident can sponsor, but a partner visa sponsor lawyer will check how the sponsor became a permanent resident, whether the sponsor holds a current permanent visa with travel rights, and whether the sponsor was themselves sponsored as a partner in the last five years. The firm's guides to the permanent resident partner visa sponsor, the new permanent resident as sponsor and the sponsor holding a resident return visa explain the issues. A person who holds only a temporary visa cannot sponsor, as the short answer on whether a temporary visa holder can sponsor a partner explains.
Eligible New Zealand citizens
Not every New Zealand citizen living in Australia is an eligible New Zealand citizen. The Department's sponsorship form explains that an eligible New Zealand citizen is, in general, a protected Special Category Visa holder: a person who was in Australia on 26 February 2001, was in Australia for at least 12 months in the two years immediately before that date, or was assessed as a protected Special Category Visa holder before 26 February 2004. A New Zealand citizen who does not meet that definition cannot sponsor a partner visa until they become an Australian permanent resident or citizen. The firm's guide to the New Zealand citizen partner visa sponsor, the article on when a New Zealand citizen sponsor is not eligible and the short answer on legal help for a New Zealand citizen sponsor explain the alternatives, including the Subclass 461 visa for partners of New Zealand citizens.
Sponsorship limitation under regulation 1.20J: when a partner visa sponsor lawyer is essential
Regulation 1.20J limits how many times a person can sponsor a partner and how soon. It is one of the most common reasons a sponsor contacts a partner visa sponsor lawyer, because the rule is technical and the waiver depends on evidence.
The Department's policy on Division 1.4B summarises the rule in three parts:
- Two sponsorships at most. A person may enter into at most two approved spouse, de facto partner, interdependent partner or prospective spouse sponsorships under regulation 1.20J(1)(a).
- Five years after a previous sponsorship. A person who has sponsored a partner or fiancé cannot have another sponsorship approved until at least five years after the first visa application was made, under regulation 1.20J(1)(b).
- Five years after being sponsored. A person who was themselves sponsored as a spouse, de facto partner or fiancé cannot sponsor a partner until at least five years after their own visa application was made, under regulation 1.20J(1)(c).
The five years are counted from the date of the earlier visa application to the date the current sponsorship is approved or refused. Because approval of the sponsorship is a time of decision criterion, the date of decision is the critical date. A previous sponsorship counts only if it resulted in the grant of a visa. A sponsorship connected to a refused application does not count.
All of these limits can be waived under regulation 1.20J(2) if there are compelling circumstances affecting the sponsor. Department policy says all cases must be assessed against regulation 1.20J(2) as a matter of law. That is where a partner visa sponsor lawyer earns their place: the compelling circumstances must affect the sponsor, and they must be proved with evidence rather than asserted.
Published Tribunal decisions show how these cases are argued. In 2002289 (Migration) [2023] AATA 4513, a Subclass 820 matter, the issues recorded were the sponsorship limit, two previous sponsorships and associated visas, compelling circumstances to waive the requirement and a longstanding, committed, registered relationship, and the matter was remitted. In Mayu (Migration) [2021] AATA 2301, also a Subclass 820 matter, the issues recorded were the sponsorship limitation, two previous sponsorships, compelling circumstances affecting the sponsor and that the first husband left after obtaining permanent residency, and the matter was remitted. In Rogers (Migration) [2020] AATA 4743, a Subclass 309 matter, the issues recorded were that five years had not lapsed since the earlier visa application but had elapsed during the review process, and the matter was remitted. Each case depends on its own facts.
The firm's commercial page on partner visa sponsorship limitations, the guide explaining when a sponsor cannot sponsor a partner visa and the short answers on a sponsor who was sponsored before and on sponsoring more than one partner cover regulation 1.20J in more depth. A partner visa sponsor lawyer should calculate the dates before the application is lodged, because the answer can decide whether to lodge now, wait, or lodge with a compelling circumstances submission.
Police checks and regulations 1.20KB, 1.20KC and 1.20KD
A partner visa sponsor lawyer manages the sponsor's police checks and reads the sponsor's criminal history against three separate regulations, each with a different test and a different consequence.
Regulation 1.20KC and 1.20KD: relevant offences and significant criminal record
Regulation 1.20KC lists relevant offences, which are mainly offences involving violence, threats, stalking, harassment, breach of protection orders and similar conduct. If the sponsor has been convicted of a relevant offence and has a significant criminal record in relation to it, as defined in regulation 1.20KD, the Department must refuse to approve the sponsorship under regulation 1.20KC(3) unless it decides under regulation 1.20KC(4) that it is reasonable to approve it. In deciding reasonableness, the Department considers the length of time since the sentence was completed, the best interests of the sponsor's or the primary applicant's children, and the length of the relationship. The firm's guides to partner visa sponsor relevant offences, the sponsor's significant criminal record and a sponsor conviction with no jail explain the thresholds.
The sponsor must also consent to the Department disclosing any relevant offence conviction to the applicant. This is a separate visa criterion in paragraph 820.221(4)(b) and the equivalent provisions for the Subclass 309 and Subclass 300 visas. Department policy treats a sponsor who expressly refuses consent as making the visa criterion impossible to meet. If the sponsor is silent, the Department should not assume refusal and should ask the sponsor for consent. A partner visa sponsor lawyer advises the sponsor on consent and, importantly, on telling the applicant about the history before the Department does.
Where the Department is inclined to approve a sponsorship as reasonable, policy says it should interview the visa applicant before approving, and where possible the interview should take place without the sponsor present. The firm's articles on a sponsor domestic violence conviction and a partner visa sponsor breach of AVO apply these rules to particular offences.
Regulation 1.20KC(5) and (6): requested police checks
The Department can ask the sponsor for Australian and foreign police checks under regulation 1.20KC(5). If the sponsor does not provide them within a reasonable time, the Department may refuse to approve the sponsorship under regulation 1.20KC(6). Under policy, 28 days from the request is treated as a reasonable time to provide the checks or, at least, evidence that they have been requested, although more time may be appropriate. Policy also says decision makers should be flexible about extensions where the sponsor shows the checks have been requested. The firm's guides to the partner visa sponsor police check, a sponsor police check not provided and the female sponsor police check policy explain the process. Overseas checks are covered in the guide to overseas police certificates for partner visas. A partner visa sponsor lawyer identifies early which countries' checks the sponsor will need, because some foreign checks take months to obtain. Where the sponsor has appointed a partner visa sponsor lawyer as their representative, the Department's request can be sent to the lawyer, which reduces the risk of a missed deadline.
Regulation 1.20KB: where children are included
Regulation 1.20KB protects applicants under 18, and a partner visa sponsor lawyer checks it whenever a child is included. Where a child is included in the application, the sponsorship must be refused if the sponsor has a conviction or an unresolved charge for a registrable offence, unless a waiver applies or the charge has been withdrawn, dismissed or otherwise disposed of without a conviction being recorded. Under regulation 1.20KB(12), the sponsorship can also be refused if a requested police check is not provided within a reasonable time. Where grounds exist under both regulation 1.20KB and regulation 1.20KC, policy says the Department considers regulation 1.20KB first. The firm's guide to adding children to a partner visa and the short answer on a sponsor with a criminal record and a lawyer explain how this affects families.
A partner visa sponsor lawyer reads the actual court records, not just the police check. The outcome recorded by the court, whether a conviction was recorded, and the length and type of sentence all decide which regulation applies. The firm's broader guides to the partner visa sponsor criminal record and the sponsor risk assessment explain how that review is done before lodgement.
The sponsorship application, the sponsor's statement and evidence
A partner visa sponsor lawyer prepares the sponsor's part of the application so that every answer is accurate, consistent with the applicant's answers, and supported by documents.
The sponsorship form and undertaking: what a partner visa sponsor lawyer checks
The sponsor completes the sponsorship part of the application, which for a partner visa is the online equivalent of Form 40SP. The sponsor answers questions about their own status, their previous relationships, any earlier sponsorships, any time they were sponsored themselves and any criminal history. The sponsor also gives a sponsorship undertaking. The firm's guides to the partner visa sponsor undertaking and partner visa sponsorship lodgement explain what the sponsor is agreeing to. Incorrect answers about previous relationships or sponsorships are a frequent source of later problems, which is why a partner visa sponsor lawyer checks them against the sponsor's documents before submission.
The sponsor's own relationship statement
Each partner gives one relationship statement in their own words. The sponsor's statement is the sponsor's own account of how the relationship began, how it developed and the couple's plans. It is not a copy of the applicant's statement, and it is not split into separate statements for each aspect of the relationship. The Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment, but those are aspects of the relationship that the evidence as a whole addresses. A partner visa sponsor lawyer helps the sponsor tell their own account clearly, then the sponsor reviews it, corrects it and confirms it is true. The firm's guides to the partner visa relationship statement, the four aspects of a partner visa relationship and the short answer on separate relationship statements explain the approach.
The sponsor's documents and supporting witnesses
The sponsor provides proof of identity and status, evidence of the relationship from their side, and often financial evidence showing how the couple share their lives. Form 888 is a supporting statement by a witness who knows the couple. It is not a statutory declaration and it is not made by the sponsor or the applicant. The firm's guides to partner visa sponsor documents, proof of the sponsor's citizenship and Form 888 witness statements cover these documents, and the partner visa relationship evidence guide explains how the evidence is organised. A partner visa sponsor lawyer also checks that the sponsor's documents match the answers given in the sponsorship form, because inconsistencies between the two are a common reason for further requests.
Sponsors with their own visa history
A sponsor's own migration history is often the issue a couple does not see coming. A partner visa sponsor lawyer reviews it before lodgement because it can affect eligibility, the sponsorship limitation and credibility.
A sponsor who was sponsored as a partner
A sponsor who became a permanent resident through a partner visa is caught by regulation 1.20J(1)(c) for five years from their own visa application. Department policy confirms that a person sponsored as a spouse who later sponsors a fiancé has not used up their two sponsorships, because being sponsored is a separate consideration from the number of sponsorships the person has made. It still engages the five-year rule. The short answer on a sponsored partner who wants to sponsor a new partner explains how the timing works. A partner visa sponsor lawyer calculates the exact date the five years end and advises whether waiting is better than relying on compelling circumstances.
A sponsor who arrived on a humanitarian visa
A sponsor who holds a permanent humanitarian visa and was already in a relationship with the applicant before that visa was granted faces a further question at the permanent stage: whether the relationship was declared to the Department before the humanitarian visa was granted. Department policy for the Subclass 100 visa refers to information in the humanitarian visa application form, the interview record and file notes. The short answer on a former refugee sponsoring a partner visa explains the issue. Where the sponsor no longer holds copies of those earlier records, a partner visa sponsor lawyer can seek them, for example through a freedom of information request.
A sponsor whose permanent visa is cancelled or at risk
If the sponsor's own permanent visa is cancelled, the sponsor may no longer be an eligible sponsor. In Vispo (Migration) [2023] AATA 694, a Subclass 820 matter, the issues recorded were that the sponsor's permanent visa was cancelled and that a differently constituted Tribunal set aside the cancellation, and the partner visa matter was remitted. In Lei (Migration) [2024] AATA 1166, a Subclass 820 matter, the issues recorded included the sponsor's resident return visa being cancelled after a criminal conviction and set aside on review, and the matter was remitted. The firm's guide to partner visa sponsor PR cancellation and its visa cancellations page explain how the two matters interact. A partner visa sponsor lawyer will usually need to manage both at once.
A sponsor with previous refusals, relationships or credibility issues
The Department can look at the sponsor's own past applications, previous marriages and earlier statements. In Nguyen (Migration) [2023] AATA 3868, a Subclass 309 matter, the issues recorded included the sponsor's migration history and credibility concerns, the sponsor's marital history and financial aspects, and the matter was remitted. The firm's article on the partner visa sponsor's own visa history, the guide to partner visa previous relationships and the article on a partner visa lawyer for complex visa history explain how earlier history is disclosed and explained.
Sponsor interviews: how a partner visa sponsor lawyer prepares you
A partner visa sponsor lawyer prepares the sponsor for any interview and responds to Department requests within the time allowed.
The sponsorship undertaking includes agreeing to attend an interview if the Department asks. Interviews may be in person or by telephone, and the Department can interview the sponsor and the applicant separately to test whether their accounts are consistent. Preparation does not mean rehearsing answers. It means the sponsor understands the process, knows what the application already says, and is ready to explain anything in their history honestly. The firm's guides to the partner visa sponsor interview, partner visa interview questions, partner visa home visits and the short answer on lawyer help with interview preparation explain what to expect.
Written requests matter just as much. A section 56 request asks for more information. A section 57 letter invites comment on adverse information before a decision is made. Where grounds to refuse a sponsorship exist under regulation 1.20KC(3), policy requires the Department to invite the sponsor to comment, which is the sponsor's opportunity to put the reasonableness case. The firm's guides to the partner visa section 56 request and the section 57 natural justice letter explain both. A partner visa sponsor lawyer makes sure these deadlines are diarised and met.
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Acting for the couple jointly: how a partner visa sponsor lawyer handles conflicts
My Migration Lawyers usually acts for both partners jointly on a partner visa application, and both people are told at the start what that means, including what happens if the relationship ends or their interests start to conflict.
What a joint retainer means
In most partner visa matters, the sponsor and the applicant want the same result, and acting for both of them is efficient and appropriate. When the firm acts as partner visa sponsor lawyer and as the applicant's lawyer in the same matter, both people are clients. The firm explains at the outset, in writing, that information either partner gives the firm about the application can be shared with the other partner, and that the firm cannot keep information about the application secret from one client for the other. Both partners give informed consent to the joint arrangement before the work begins. The firm's guide to the partner visa lawyer costs agreement explains how the engagement is documented.
The professional conduct rules that bind Australian solicitors permit a solicitor to act for two or more clients in the same matter where each client knows the solicitor is acting for the other and has given informed consent. If an actual conflict arises between the clients' interests, the solicitor must deal with it in accordance with those rules, which may mean ceasing to act for one or both clients.
If the relationship ends during the application
A relationship breakdown changes the position for both partners. The applicant must tell the Department about the change in circumstances, generally using Form 1022, because section 104 of the Migration Act requires applicants to notify changes that make an answer in their application incorrect. The sponsor may decide to withdraw the sponsorship. The firm's short answers on whether a sponsor can withdraw sponsorship and on a sponsor who withdraws and then reconciles, and the guide to partner visa relationship breakdown, explain those steps.
The applicant may still have a pathway even after the relationship ends. Subclause 820.221(3) applies in some circumstances where the relationship has ceased but the applicant has custody, joint custody or access arrangements for a child of the relationship. The family violence provisions in Division 1.5 of the Migration Regulations 1994 can apply where the applicant has suffered family violence by the sponsor. In Phan (Migration) [2020] AATA 513, a Subclass 820 matter, the issues recorded were that the relationship had ceased, the sponsorship was withdrawn, there was a child of the relationship and biological parentage was confirmed, and the matter was remitted. In Haikin (Migration) [2019] AATA 3241, a Subclass 820 matter, the issues recorded were that the sponsorship was withdrawn, the relationship with the sponsor ceased and the applicant was a family violence victim, and the matter was remitted.
At that point, the sponsor's interests and the applicant's interests are usually opposed. The sponsor may want the application to end, and the applicant may want to continue. My Migration Lawyers does not act for one former partner against the other in that situation. Depending on the circumstances and the conduct rules, the firm may cease to act for both partners, or may continue to act for one partner only where the rules permit it, the other former client consents, and the other former client's confidential information is protected. The firm will tell both people which position applies, and each person may need independent advice. Where there is any family violence concern, the applicant's safety comes first. The firm's commercial page for family violence partner visa matters, the guide to the partner visa family violence provisions and the short answer on separation during processing explain the applicant's options.
A partner visa sponsor lawyer should raise these questions at the first meeting, not when the relationship is already in difficulty. Clarity at the start protects both partners, and it is part of what a sponsor should expect from any partner visa sponsor lawyer.
Sponsorship refusal and review at the Administrative Review Tribunal
If the sponsorship is not approved, the visa must be refused, and the next step is usually review at the Administrative Review Tribunal. A partner visa sponsor lawyer advises on review rights quickly, because the deadline is short and cannot be extended.
Under section 347(3) of the Migration Act, an application for review of a reviewable migration decision must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention on the day of notification. The time cannot be extended. As at October 2026, the Tribunal's fee for review of a migration decision is $3,580, with a reduced fee of 50% available in cases of financial hardship. The firm's guides to the partner visa appeal deadline, partner visa ART fees and the short answer on Tribunal review fees and fee reduction explain the timing and cost.
Who applies for review matters. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant also applies in their own name, under provisions inserted into the Migration Act and the Migration Regulations in 2023. A sponsor who assumes that they lodge the review of a Subclass 309 refusal can lose the review right for both of them. For a Subclass 300 refusal, the sponsor applies. The firm's guides to who can lodge a partner visa appeal and who applies for review of an offshore refusal set out the rules.
The Tribunal considers the case afresh. It can decide for itself whether compelling circumstances exist under regulation 1.20J(2) or whether it is reasonable to approve the sponsorship under regulation 1.20KC(4). In 2107808 (Migration) [2024] AATA 4136, a Subclass 309 matter, the issues recorded were the sponsorship requirements, a conviction for a relevant offence and a suspended sentence, whether the sponsorship may be approved if reasonable to do so, and remorse and no reoffending, and the matter was remitted. In Naureen (Migration) [2024] ARTA 468, a Subclass 309 matter, the issues recorded were whether it was reasonable to approve the sponsorship, the sponsor's significant criminal record, the time since last imprisonment and limited time spent together because of travel restrictions, and the matter was remitted. The firm's guide to the partner visa ART review process, its page on partner visa refusals, the urgent ART refusal review page and the short answers on challenging a refusal based on sponsorship limitations and on getting a lawyer after a sponsorship refusal explain how a partner visa sponsor lawyer approaches review. Where the sponsor is not the person who must apply, a partner visa sponsor lawyer makes sure the right person lodges the review in time.
Hiring a partner visa sponsor lawyer: what to expect
Hiring a partner visa sponsor lawyer means engaging a legal practitioner who is bound by professional conduct rules, owes duties to the client and to the court, and can act on the matter from assessment through to Tribunal review.
Australian lawyers with a current practising certificate can give immigration assistance without registering as migration agents. Registered migration agents also give immigration assistance, and many do so well. The difference is factual: a lawyer is regulated as a legal practitioner, can give legal advice beyond the migration application itself, and can act in judicial review proceedings in the courts. The firm's guides to choosing between a migration agent or lawyer for a partner visa and the short answer on a lawyer or migration agent for a partner visa set out the comparison. For a sponsor with a criminal history, a sponsorship limitation or a refusal, a partner visa sponsor lawyer can advise on the whole legal picture, not only the form.
A prospective client should expect the partner visa sponsor lawyer to:
- assess both partners' circumstances before advising on strategy, including the sponsor's eligibility, previous sponsorships and criminal history;
- explain the joint retainer and how conflicts are handled;
- set out the scope of work and the fixed fee in a written costs agreement before work starts;
- tell the sponsor plainly if there is a problem, such as a regulation 1.20J limitation or a significant criminal record, and what can and cannot be done about it; and
- explain the Department's process and what the sponsor will be asked to do.
The firm's guides to questions to ask a partner visa lawyer, the partner visa lawyer consultation and the complex partner visa lawyer explain how to prepare. No lawyer can guarantee a visa outcome, and a partner visa sponsor lawyer who promises one should be treated with caution.
How My Migration Lawyers acts as your partner visa sponsor lawyer
My Migration Lawyers deals with complex partner visa matters, acts for many Australian sponsors and their partners, and is capable of handling the sponsor's side of a partner visa from the first eligibility check through to Tribunal review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is set out on the about My Migration Lawyers page and in the short answer on what My Migration Lawyers does.
When the firm acts as partner visa sponsor lawyer, it:
- confirms the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen, and checks the sponsor's documents of status;
- calculates any regulation 1.20J limitation and, where needed, prepares a compelling circumstances submission;
- reviews court records and police checks against regulations 1.20KB, 1.20KC and 1.20KD, advises on consent to disclose and prepares any reasonableness submission;
- prepares the sponsorship part of the application and checks every answer against the sponsor's documents;
- helps the sponsor prepare their own relationship statement, which the sponsor reviews and corrects, and coordinates Form 888 supporting statements;
- receives and responds to police check requests, section 56 requests, section 57 letters and interview requests addressed to the sponsor;
- explains the joint retainer at the outset and how the firm will handle a relationship breakdown; and
- advises on review at the Administrative Review Tribunal if the sponsorship is not approved.
The firm is based at Level 1, 60 Martin Place, Sydney, and consultations are held by video, so sponsors across Australia and overseas can work with the firm, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Couples who need to lodge quickly can read about urgent partner visa lodgement, and applicants in Australia without a substantive visa can read about Schedule 3 waivers. The visa-specific pages for the Subclass 820 visa, the Subclass 309 visa and the Subclass 300 visa explain each pathway.
If you are sponsoring your partner and want a partner visa sponsor lawyer to check your eligibility, your history and your side of the application before it is lodged, Book a Consultation with My Migration Lawyers. You can also call 1300 040 300.
Frequently Asked Questions
What does a partner visa sponsor lawyer do?
A partner visa sponsor lawyer advises and acts for the Australian partner who sponsors a Subclass 820, Subclass 309 or Subclass 300 visa. The work includes confirming the sponsor is eligible, assessing the sponsorship limitation in regulation 1.20J, reviewing any criminal history against regulations 1.20KB, 1.20KC and 1.20KD, preparing the sponsorship part of the application and the sponsor's relationship statement, and responding to police check requests, section 56 requests and interview requests sent to the sponsor. If the sponsorship is not approved, the lawyer advises on review at the Administrative Review Tribunal.
Does the sponsor need a separate lawyer from the applicant?
No, not usually. In most partner visa matters the sponsor and applicant want the same result, and one firm can act for both jointly with each person's informed consent. My Migration Lawyers explains at the start that information about the application is shared between the two clients. Separate advice becomes necessary if the relationship ends or the partners' interests conflict, for example where the sponsor wants to withdraw and the applicant wants to continue under the family violence provisions or because of a child of the relationship.
Who can sponsor a partner visa in Australia?
An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor a partner visa. The sponsor must generally have turned 18. An eligible New Zealand citizen is, in general, a protected Special Category Visa holder, which depends on being in Australia on or before 26 February 2001 or being assessed before 26 February 2004. A person on a temporary visa cannot sponsor. The sponsor must also not be barred by the sponsorship limitation in regulation 1.20J or by the criminal history provisions.
Can I sponsor a partner if I have sponsored someone before?
Yes, in some cases. Regulation 1.20J allows a person at most two approved partner sponsorships, and a second sponsorship cannot be approved until five years after the first visa application was made. A previous sponsorship counts only if it led to the grant of a visa. These limits can be waived under regulation 1.20J(2) if there are compelling circumstances affecting the sponsor. The five years are measured to the date the current sponsorship is decided, so timing and evidence both matter.
I came to Australia on a partner visa. Can I now sponsor a new partner?
Yes, but usually not until five years after your own partner visa application was made. Regulation 1.20J(1)(c) stops a person who was sponsored as a spouse, de facto partner or fiancé from sponsoring a partner within that period. Being sponsored does not use up one of your two sponsorships, but it does trigger the five-year rule. The limit can be waived if there are compelling circumstances affecting you as sponsor, and those circumstances must be supported by evidence.
Will my criminal record stop me sponsoring my partner?
Not necessarily. Under regulation 1.20KC, the Department must refuse the sponsorship only if the sponsor has been convicted of a relevant offence and also has a significant criminal record for it under regulation 1.20KD. Even then, the sponsorship may be approved if it is reasonable to do so, considering time since the sentence ended, the best interests of children and the length of the relationship. Where a child is included in the application, regulation 1.20KB applies separate rules for registrable offences and unresolved charges.
Does the Department send police check requests to the sponsor or the applicant?
The Department sends police check requests to the sponsor directly. Department policy says requests should not go through the visa applicant or the applicant's representative unless the sponsor has appointed a representative or authorised recipient of their own. If the sponsor misses the request, the sponsorship can be refused under regulation 1.20KC(6). Policy treats 28 days as a reasonable time to provide the checks, or at least evidence that they have been requested, but more time may be given in appropriate cases.
What happens if I refuse to consent to my convictions being disclosed?
If the sponsor expressly refuses consent, the visa cannot be granted. Consent to the Department disclosing any relevant offence conviction to the applicant is a visa criterion in paragraph 820.221(4)(b) and the equivalent provisions for the Subclass 309 and Subclass 300 visas. Refusing consent is not itself a ground to refuse the sponsorship, but it means the visa criterion is not met. If the sponsor simply leaves the question blank, policy says the Department should ask for consent rather than assume it is refused.
Will the Department interview me as the sponsor?
It may. The sponsorship undertaking includes agreeing to attend an interview if the Department asks. Interviews can be in person or by telephone, and the sponsor and applicant may be interviewed separately to check that their accounts match. Where the sponsor has a relevant offence and the Department is inclined to approve the sponsorship as reasonable, policy says the applicant should be interviewed, where possible without the sponsor present. Good preparation means understanding the process and the application, not rehearsing answers.
What should be in the sponsor's relationship statement?
The sponsor's relationship statement is the sponsor's own account of how the relationship started, how it developed, how the couple lives and their plans for the future. There is one statement per person, written in the sponsor's own words, not a copy of the applicant's statement and not separate statements for each aspect of the relationship. The Department assesses financial, household, social and commitment aspects across all the evidence. The sponsor should review and correct the statement and confirm it is true before it is lodged.
What happens if we separate after I lodge the sponsorship?
The applicant must notify the Department of the change in circumstances under section 104 of the Migration Act, usually by Form 1022, and the sponsor may withdraw the sponsorship. The applicant may still have a pathway in some cases, for example through the family violence provisions in Division 1.5 of the Migration Regulations 1994, or under subclause 820.221(3) where there is a child of the relationship and custody or access arrangements. Because the partners' interests usually diverge at this point, each may need separate advice.
Can My Migration Lawyers keep acting for both of us if we break up?
Usually not for both. Once the relationship ends, the sponsor's interests and the applicant's interests are generally opposed, and the firm does not act for one former partner against the other. Depending on the circumstances and the professional conduct rules, the firm may stop acting for both, or may continue for one person only where the rules allow it, the other former client consents and that person's confidential information is protected. The firm explains this arrangement in writing at the start of every joint matter.
Who applies to the ART if the partner visa is refused because of the sponsor?
For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant also applies in their own name, under provisions inserted in 2023, not the sponsor. For a Subclass 300 refusal, the sponsor applies. The application must be made within 28 days after notification, or 7 days if the applicant is in immigration detention, and the time cannot be extended. A partner visa sponsor lawyer checks who must apply as soon as the refusal arrives.
How much does an ART review of a partner visa refusal cost?
As at October 2026, the Administrative Review Tribunal fee for review of a migration decision is $3,580. A reduced fee of 50% of the full fee is available in cases of financial hardship. The fee must be paid before the deadline for applying for review. The Tribunal fee is separate from any professional fees for legal representation. The Tribunal can decide for itself whether compelling circumstances exist under regulation 1.20J or whether it is reasonable to approve a sponsorship under regulation 1.20KC.
Can a New Zealand citizen in Australia sponsor a partner visa?
Only if they are an eligible New Zealand citizen, or once they become an Australian permanent resident or citizen. An eligible New Zealand citizen is, in general, a protected Special Category Visa holder: someone who was in Australia on 26 February 2001, was in Australia for at least 12 months in the two years before that date, or was assessed as protected before 26 February 2004. Other New Zealand citizens may consider the Subclass 461 visa for their partner or first obtain permanent residence.
Is a partner visa sponsor lawyer different from a migration agent?
Yes, in how they are regulated. A partner visa sponsor lawyer is a legal practitioner with a current practising certificate, bound by professional conduct rules, and can give immigration assistance without registering as a migration agent. A lawyer can also advise on related legal questions and act in judicial review in the courts. Registered migration agents also provide immigration assistance on partner visas. The right choice depends on the complexity of the sponsor's situation, such as criminal history, sponsorship limitations or a refusal.
























