Partner Visa Sponsor Living Overseas

A partner visa sponsor living overseas can still sponsor a spouse or de facto partner to Australia in many cases. Whether the sponsorship works depends on one question first: is the sponsor an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen? The law treats each of them differently once they leave Australia.

This guide is written for the Australian partner who lives abroad today. If you are a partner visa sponsor living overseas, you will want to know whether you can sponsor from where you are, which visa your partner should apply for, how to prove that you will both live in Australia, how to sign the sponsorship from abroad, and what happens if your return is delayed. Each of those questions has a clear legal answer, and each one can decide the outcome of the application.

For a broad overview of the visas themselves, see our complete guide to partner visas in Australia. My Migration Lawyers acts as partner visa lawyers for couples in Australia and overseas, and we advise sponsors living abroad on eligibility before anything is lodged.

Can a partner visa sponsor living overseas still sponsor a partner?

Yes. A partner visa sponsor living overseas can sponsor a partner if the sponsor is an Australian citizen, an Australian permanent resident who is still usually resident in Australia, or an eligible New Zealand citizen, and the sponsor meets the other sponsorship rules. Living overseas does not, by itself, stop a person from being a sponsor.

The partner visa criteria require the applicant to be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and to be sponsored by that person if they have turned 18. For the onshore visa this is in clause 820.211(2) of Schedule 2 to the Migration Regulations 1994. For the offshore visa it is in clauses 309.211 and 309.213. These criteria say who the sponsor must be. They do not say where the sponsor must live.

The difficulty for a partner visa sponsor living overseas comes from two other places. The first is the legal definition of an Australian permanent resident, which includes a residence requirement. The second is the evidence: the Department wants to see that the relationship is genuine and continuing and that the couple have a real plan to live together. A sponsor who has lived abroad for years needs to address both. Our FAQ on whether an Australian living overseas can sponsor a partner visa gives the short answer, and this guide explains the detail.

Who can be a partner visa sponsor living overseas?

A partner visa sponsor living overseas must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen at the time the visa application is made. Sponsor status is a time of application criterion under clause 820.211(2), and the same principle applies to the offshore visa. A sponsor who does not hold one of these statuses on the day of lodgement cannot be fixed by later events.

The general rules on who can sponsor a partner visa apply to everyone. What changes for a partner visa sponsor living overseas is how each type of status survives a long absence from Australia.

Australian citizens living overseas

An Australian citizen can sponsor a partner from anywhere in the world. There is no residence requirement for a citizen sponsor. A citizen who has lived in London, Manila or Toronto for ten years is still an Australian citizen, and is still eligible to sponsor.

This is the simplest position for a partner visa sponsor living overseas. The citizen sponsor still has to prove citizenship, meet the sponsorship limitation and character rules, and give the sponsor undertaking. The Department will also look at whether the couple genuinely intend to live together, and where. But the citizen's eligibility to sponsor does not depend on where they live today. Our FAQ on how to prove a sponsor is an Australian citizen explains which documents are accepted, and our FAQ on how an Australian citizen can bring their wife from overseas sets out the usual pathway.

A citizen sponsor who also holds another nationality should check that their Australian citizenship was not lost under the law in force before 4 April 2002. That issue is rare, but it matters for older sponsors who took up another citizenship as adults many years ago.

Australian permanent residents living overseas

An Australian permanent resident living overseas is in a more difficult position. Regulation 1.03 of the Migration Regulations 1994 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. The words "usually resident in Australia" are part of the definition.

That means holding a permanent visa is not enough on its own. A permanent resident who has moved overseas and made their home there may no longer be "usually resident in Australia". If that is the position on the day the partner visa application is made, the permanent resident is not an Australian permanent resident for the purposes of the partner visa criteria, and cannot be the sponsor. This is the single most important legal issue for a partner visa sponsor living overseas who is not a citizen.

Eligible New Zealand citizens living overseas

An eligible New Zealand citizen is a narrow category. Under regulation 1.03, it generally covers a New Zealand citizen who was a protected Special Category Visa holder: broadly, someone who was in Australia on 26 February 2001 as a Special Category Visa holder, or who was in Australia for 12 months in the two years before that date, or who has been certified as a protected Special Category Visa holder.

Eligible New Zealand citizen status is assessed by reference to the person's history around 26 February 2001. It does not depend on the person being in Australia now. Other New Zealand citizens cannot sponsor a partner visa until they become Australian citizens or permanent residents. Since 1 July 2023, New Zealand citizens on Special Category Visas can apply for Australian citizenship directly if they meet the requirements. See our FAQs on whether a New Zealand citizen can sponsor a partner visa and how a lawyer helps a New Zealand citizen sponsor.

People who cannot sponsor, wherever they live

Temporary visa holders cannot sponsor a partner visa. That includes students, temporary workers, graduates, bridging visa holders, Subclass 820 and Subclass 309 holders, and New Zealand citizens who are not eligible New Zealand citizens. A person whose own permanent residence application is still pending is not yet a permanent resident and cannot sponsor. Our FAQ on whether a temporary visa holder can sponsor a partner explains why.

Is a permanent resident living overseas still "usually resident in Australia"?

A permanent resident living overseas may or may not still be usually resident in Australia; it depends on the facts. Usual residence generally turns on where the person physically lives and whether they intend to make Australia their home. A temporary absence does not necessarily break usual residence, but a settled life overseas with no real connection to Australia can.

For a partner visa sponsor living overseas who holds a permanent visa, the questions the Department is likely to ask include:

• Why the sponsor left Australia. A posting abroad for a fixed period, study, or caring for a sick parent is different from emigrating.
• How long the sponsor has been away. A short absence is easier to explain than many years overseas.
• What the sponsor kept in Australia. A home, a lease, a job to return to, bank accounts, tax residency, a car, Medicare and family ties all point towards usual residence.
• What the sponsor built overseas. A permanent job, a purchased home and the transfer of the sponsor's whole life abroad point the other way.
• What the sponsor said elsewhere. Statements to the Australian Taxation Office, on incoming and outgoing passenger cards and in other visa applications must be consistent with the claim to be usually resident.

The "usually resident" test is assessed at the time of application. A permanent resident who has been overseas for a long time should not lodge a partner visa application and hope the question is not asked. The safer approach is to work out first whether the definition is met. If it is doubtful, it may be better for the sponsor to re-establish residence in Australia before the application is made, or to wait until they become a citizen if they are eligible. Our guide to when a sponsor cannot sponsor a partner visa covers other eligibility bars that can apply at the same time.

Common mistakes a partner visa sponsor living overseas makes

The most common mistake is assuming that every sponsor must live in Australia before the application can be lodged. That is wrong for citizens. A citizen sponsor living overseas can sponsor now, and waiting to move home first is not legally required.

The second common mistake is the opposite one: assuming that a permanent visa is enough. A permanent resident who has lived overseas for years may not meet the definition of an Australian permanent resident at all. Lodging in that position wastes the visa application charge and can produce a refusal on the sponsor criterion.

Other mistakes we see for a partner visa sponsor living overseas include:

• Choosing the wrong visa. Lodging a Subclass 820 when the applicant is outside Australia makes the application invalid. Our FAQ on whether an onshore partner visa is invalid if lodged from overseas explains this, and the reverse problem is covered in our FAQ on lodging an offshore partner visa in Australia.
• No evidence of the plan to live in Australia. A couple who say nothing about where they will live leave the Department to guess.
• Inconsistent addresses. The sponsor's address history in the sponsorship form must match the applicant's forms and the relationship statement.
• Forgetting the sponsor's own travel status. A permanent resident sponsor overseas may need a Resident Return visa before returning to Australia.
• Leaving police certificates too late. Certificates from countries of residence can take months.

Our article on partner visa application mistakes lists other errors that lead to delay or refusal.

Subclass 309 or Subclass 820: which visa fits a partner visa sponsor living overseas?

For a partner visa sponsor living overseas whose partner also lives overseas, the usual visa is the offshore Subclass 309 and Subclass 100. The onshore Subclass 820 and Subclass 801 is available only if the applicant is in Australia when the application is made. The sponsor's location does not decide which visa applies. The applicant's location does.

Our guide comparing onshore and offshore partner visas and our FAQ on the difference between the Subclass 820 and Subclass 309 explain the two pathways in general. This section looks at them from the point of view of a partner visa sponsor living overseas.

Both partners overseas: the Subclass 309 and Subclass 100

Where both partners live outside Australia, the Subclass 309 partner visa is the natural pathway. The applicant lodges from outside Australia, and the temporary Subclass 309 and permanent Subclass 100 are applied for together. Our guide to the offshore partner visa covers the process, and our FAQ on the difference between the Subclass 309 and Subclass 100 explains the two stages.

For a partner visa sponsor living overseas in the same country as the applicant, the Subclass 309 has real advantages. The couple can keep living together while the application is processed. The household, financial and social evidence comes from their shared life abroad. And the applicant does not need a visa to be in Australia during processing. The applicant generally must be outside Australia when the Subclass 309 is granted, so visits to Australia during processing need to be planned with care. See our FAQs on being outside Australia when the Subclass 309 is granted and visiting Australia while a Subclass 309 is processed.

Once the Subclass 309 is granted, the applicant must make the first entry to Australia by the date set in the grant. Our guide to the partner visa first entry deadline explains what happens if travel is delayed.

Applicant in Australia: the Subclass 820 and Subclass 801

The Subclass 820 partner visa requires the applicant to be in Australia when the application is made. Some couples choose it when the applicant is already in Australia on another visa while the sponsor is still overseas finishing work or study.

That arrangement can work, but it needs care. The couple will be living in different countries during processing, and the Department will look at whether they are living separately and apart on a permanent basis or only temporarily. Our FAQ on whether a sponsor can live overseas while a Subclass 820 is processed covers this situation. The applicant's visa conditions also matter. A visitor visa with a no further stay condition can prevent an onshore application, and our guide to applying with condition 8503 explains the problem.

A partner visa sponsor living overseas who is a permanent resident should also remember that the Subclass 820 does not avoid the "usually resident" issue. The sponsor still has to meet the definition at the time of application, whichever visa is chosen.

Engaged couples: the Subclass 300

If the couple are engaged and plan to marry, the Subclass 300 prospective marriage visa may fit. The applicant applies from outside Australia, and the couple marry after the applicant arrives. A partner visa sponsor living overseas who wants to marry overseas instead should consider whether the couple can marry first and then apply for the Subclass 309. Our FAQ on who can sponsor a prospective marriage visa sets out the sponsor rules, and our guide on whether an overseas marriage is recognised in Australia deals with marriages abroad.

Does the couple need to prove they will live in Australia?

Yes, in practice. A partner visa sponsor living overseas should expect the Department to ask where the couple will live, and should be ready to show a genuine plan to live together in Australia. That plan is often the evidence that decides whether the application is accepted at face value.

What the law actually requires

The legal test for a spouse relationship in section 5F of the Migration Act 1958, and for a de facto relationship in section 5CB, is about a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. Those sections do not, in their own words, require the couple to intend to live in Australia.

But a partner visa sponsor living overseas cannot rely on that point alone. The partner visas are migration visas that lead to permanent residence. The sponsor undertaking is to support the applicant for the first two years from arrival in Australia. A permanent resident sponsor must be usually resident in Australia. And published Tribunal headnotes record that whether the applicant intends to live in Australia permanently can be in issue. The practical position is that the couple should show a clear and credible plan to settle in Australia.

What a credible plan looks like

A credible plan is specific. It says when the couple will move, where they will live, how they will support themselves and what they are doing now to prepare. Evidence that commonly helps a partner visa sponsor living overseas includes:

• Housing. A lease or a home in Australia, an offer from family to house the couple, or correspondence with real estate agents.
• Work. A job offer in Australia, a transfer arranged with the sponsor's employer, or evidence of job applications.
• Ending ties overseas. Notice given on an overseas lease, a planned end date for overseas employment, or steps to sell property abroad.
• Family and community. Evidence of the sponsor's family in Australia and the couple's connection with them.
• Children. Enrolment enquiries for children's schooling in Australia, where relevant.

The couple's own relationship statements should explain the plan in their own words, consistently. Our guides on future plans in a partner visa relationship statement, the nature of commitment and writing a partner visa relationship statement explain how that part of the evidence is usually presented.

Evidence of the sponsor's ties and plan to return

For a partner visa sponsor living overseas, evidence of the sponsor's own ties to Australia does two jobs. For a permanent resident sponsor, it supports the claim to be usually resident in Australia. For every sponsor, it supports the credibility of the plan to relocate.

Useful evidence of the sponsor's ties includes Australian bank accounts in active use, Australian tax returns, property owned or leased in Australia, an Australian address kept for correspondence, Medicare enrolment, superannuation, professional registration, and regular visits home. The sponsor's travel history is relevant too. A sponsor who has returned to Australia often, and recently, is in a different position from one who has not visited in many years. Our guide to partner visa travel evidence explains how travel records are used.

Couples living in different countries

Some couples have the sponsor in one country and the applicant in another. That is not fatal. The relationship test allows for couples who live apart temporarily, for example because of work or visa restrictions. But the evidence must show that the separation is temporary and that the couple remain committed. See our guides on long-distance partner visa relationships, living apart for work and applying without living together, and our FAQ on whether living together overseas counts towards the 12 months.

How does a partner visa sponsor living overseas sign the sponsorship?

A partner visa sponsor living overseas completes the sponsorship online through ImmiAccount, so the sponsor does not need to be in Australia to sign it. The applicant lodges the visa application first and gives the sponsor the reference, and the sponsor then completes the sponsorship form, Form 40SP, online.

The sponsorship form is not a Schedule 1 validity requirement for the Subclass 820 or Subclass 309. That means the visa application can be lodged before the sponsor completes it. The exception is an applicant in Australia who is subject to section 48 of the Migration Act. That applicant must provide the sponsorship form and supporting declarations at the time of lodgement, under item 1124B(3)(e) of Schedule 1. Our guide on how to create an ImmiAccount and our guide to the partner visa online application explain the online steps.

The sponsorship must be approved, and must remain in force, at the time the visa is decided. That rule is in clause 820.221(4) for the onshore visa and clause 309.222(1) for the offshore visa. A partner visa sponsor living overseas should therefore keep their contact details current and respond to any request from the Department promptly, even from a different time zone.

Proof of citizenship or permanent residence

The sponsor must prove their status. A citizen usually provides an Australian passport, a citizenship certificate, or an Australian birth certificate where that proves citizenship. A permanent resident provides evidence of their permanent visa. A partner visa sponsor living overseas should check that the document is current and that the name matches the name used in the sponsorship form. Our FAQ on what documents a sponsor needs to provide lists the usual documents.

The sponsor undertaking from abroad

By completing the sponsorship, the sponsor undertakes to provide adequate accommodation and financial assistance to meet the applicant's reasonable living needs for the first two years. For an offshore applicant, the two years run from the applicant's arrival in Australia. For an onshore applicant, they run from grant. The sponsor also undertakes to tell the Department if they withdraw support.

For a partner visa sponsor living overseas, this undertaking is a promise about life in Australia. The sponsor should be in a position to honour it once the couple arrive. There is no fixed minimum income for the sponsor, as our FAQ on whether a sponsor needs a minimum income explains, but a credible plan for accommodation and support in Australia strengthens the application.

Sponsorship limitations and character checks still apply

Living overseas does not change the sponsorship limitation rules in regulation 1.20J. A sponsor can generally have no more than two partner or prospective marriage sponsorships approved in a lifetime, cannot have a new sponsorship approved until at least five years after an earlier sponsored application was made, and, if they were themselves sponsored as a partner, cannot sponsor until at least five years after their own application. Only sponsorships that led to a visa grant count, and the Minister may approve a sponsorship despite these limits if there are compelling circumstances affecting the sponsor. The firm's sponsorship limitation lawyers act in these matters, and our FAQ on sponsoring more than one partner explains the basics.

Sponsor character rules in regulations 1.20KB and 1.20KC also apply. A sponsor with a conviction for a relevant offence, such as a violent or sexual offence, or a significant criminal record, can have the sponsorship refused unless it is reasonable to approve it. See our FAQ on a sponsor with a criminal record.

Police certificates from countries of residence

A partner visa sponsor living overseas should plan for police certificates from the countries where the applicant, and in some cases the sponsor, has lived. Certificates from overseas police authorities can take weeks or months, and the process differs from country to country.

The applicant will usually need police certificates from each country where they have lived for the period the Department specifies, and from Australia if they have spent time here. A sponsor may also be asked for police certificates, particularly where children are included in the application and the rules on sponsors of concern apply. A sponsor who has lived in several countries should start early. Our guides to partner visa overseas police certificates and partner visa character requirements, and our FAQs on whether a police check is needed for a partner visa and what to do if a police certificate cannot be obtained, explain the requirements.

Does a partner visa sponsor living overseas need a Resident Return visa?

A partner visa sponsor living overseas who is a permanent resident may need a Resident Return visa before returning to Australia as a permanent resident. Citizens never need one. This section is a brief overview only.

A permanent visa allows travel to and from Australia for five years from grant. That is the travel facility. After it expires, a permanent resident who leaves Australia, or who is overseas when it expires, needs a Resident Return visa (Subclass 155 or Subclass 157) before returning to Australia as a permanent resident.

The travel facility and the "usually resident" test are different questions. A sponsor can hold a valid permanent visa with an expired travel facility, and can also hold a current travel facility while no longer being usually resident in Australia. A partner visa sponsor living overseas who is a permanent resident should check both before the application is lodged. Our guide to extended overseas absences during a partner visa and our FAQ on how long you can stay overseas while a partner visa is pending deal with related travel questions.

What happens if the sponsor does not return to Australia?

If the sponsor does not return to Australia as planned, the application is not automatically refused, but it can be affected in several ways. The answer depends on whether the sponsor is a citizen or a permanent resident, how long the delay lasts, and whether the couple still intend to live in Australia.

For a partner visa sponsor living overseas, the main risks are:

• The credibility of the plan. If the couple said they would move by a certain date and did not, the Department may ask why. A delay with a good reason, such as illness in the family or an employer's notice period, is different from a plan that was never real.
• The relationship assessment at the permanent stage. For the Subclass 100, and the Subclass 801 for onshore applicants, the Department assesses whether the relationship is still genuine and continuing. Long periods apart, or a shared life that remains entirely overseas, can lead to closer questions.
• The applicant's first entry. A Subclass 309 holder must make the first entry to Australia by the date in the grant. That obligation does not change because the sponsor has not yet moved.
• The undertaking. The sponsor undertook to provide accommodation and support in Australia. If the sponsor withdraws support, the sponsor must tell the Department.
• The permanent resident sponsor's status. Sponsor status is assessed at the time of application. A later move overseas does not undo it. But the sponsorship must still be approved and in force at the time of decision, and a sponsor who has effectively abandoned the plan may withdraw it.

The applicant must also tell the Department about changes in circumstances while the application is undecided, under section 104 of the Migration Act, using Form 1022. A change in where the couple will live, or a longer separation than expected, is the kind of change that may need to be notified. Our guides on Form 1022 for a partner visa and the partner visa two-stage process explain how the permanent stage is assessed, and our FAQ on whether a sponsor can withdraw sponsorship after the applicant applies explains the effect of a withdrawal.

Giving false or misleading information can lead to refusal under public interest criterion 4020, with consequences for later applications. A partner visa sponsor living overseas should never overstate the plan to move. An honest plan with a realistic date is far safer than an optimistic one that the evidence later contradicts.

How much does it cost, and what if the application is refused?

The Department's partner visa application charge is AUD 11,710 for most applicants, as published by the Department of Home Affairs in October 2026. Charges usually change each 1 July. The charge is not refunded if the application is refused or withdrawn, which is why a partner visa sponsor living overseas should confirm their eligibility before lodging. Our guide to partner visa costs and our FAQ on who pays the partner visa fee explain the charge in more detail.

If the application is refused, an application for review by the Administrative Review Tribunal must be made, and the fee paid, within 28 days after notification, or 7 days if the person is in immigration detention, under section 347(3) of the Migration Act. That time limit cannot be extended. The Tribunal fee is AUD 3,727 from 1 July 2026. A 50% reduction is available for financial hardship, and 50% is refunded if the decision is set aside or remitted. For the onshore Subclass 820, the applicant applies for review. For the Subclass 300, the sponsor applies. The decision notice states who can apply in each case. Our guides on the partner visa appeal deadline and partner visa ART fees, and our FAQ on who must apply for review of an offshore spouse visa refusal, set out the detail. The firm's partner visa refusal lawyers and visa refusal appeal lawyers act in these reviews, and a sponsorship refusal is covered in our FAQ on what happens if a partner's sponsorship is refused.

What Tribunal decisions show about sponsors living overseas

Published Tribunal decisions show that the sponsor's residence status, the couple's plan to live in Australia and evidence of a relationship conducted across borders are all issues that come up in partner visa reviews. The decisions below are drawn from reported remittals. In each case, the Tribunal set aside the refusal and sent the matter back to the Department. They are described only by the issues recorded in the published headnote, and no outcome in one case predicts the outcome in another.

Sponsor status and residence:

• SHAHIN (Migration) [2021] AATA 2611. A Subclass 820 matter in which the issues recorded included the sponsor's residence status, together with the genuine spousal relationship, financial aspects and the nature of the household.
• Zhao (Migration) [2021] AATA 5494. A Subclass 820 matter in which the issue was whether, at the time of application, the applicant was the spouse of an Australian permanent resident, with the parties validly married in a genuine married relationship.
• Faba-an (Migration) [2020] AATA 4250. A Subclass 820 matter concerning the spouse of an Australian permanent resident, an intention to live permanently in Australia, and a sponsor whose visa had been cancelled but restored.

Intention to live in Australia:

• Tam (Migration) [2021] AATA 736. A Subclass 309 matter in which the issues recorded were whether the visa applicant intended to live in Australia permanently, limited residence in Australia, arrangements for the children's education in Australia and an employment promotion in Macau.

Relationships conducted across countries:

• Tran (Migration) [2024] AATA 3915. A Subclass 309 matter involving a couple validly married in their home country, with substantial joint finances despite living in different countries, and the sponsor's multiple visits despite business obligations and COVID-related restrictions.
• Duval (Migration) [2024] AATA 3131. A Subclass 820 matter in which the issues recorded included confirmation of the sponsorship form, joint responsibility for regular expenses, and shared residence in two countries and travel.

These headnotes match the framework in this guide. The sponsor's status must be right at the time of application. The intention to live in Australia should be shown with evidence, not assumed. And a relationship conducted partly overseas can be proved with the right evidence of finances, visits and commitment. Every review depends on its own facts, and these decisions are illustrations, not predictions. For more on the review process, see our guide to how the partner visa ART review works.

A checklist for a partner visa sponsor living overseas

Before lodging, a partner visa sponsor living overseas should be able to answer yes to each of the following questions. If any answer is no or uncertain, it is usually too early to lodge.

• Status. Am I an Australian citizen, an Australian permanent resident who is still usually resident in Australia, or an eligible New Zealand citizen today?
• Visa choice. Is my partner outside Australia, so that the Subclass 309 applies, or in Australia, so that the Subclass 820 applies?
• Limitations. Have I checked the two-sponsorship and five-year rules, including any sponsorship of me as a partner?
• Character. Do I have any conviction that could affect the sponsorship?
• Plan. Can we show when and where we will live in Australia, and how we will support ourselves?
• Ties. Can I show my continuing connection to Australia?
• Documents. Do I have proof of my citizenship or permanent residence, and have police certificates been requested from every relevant country?
• Travel. If I am a permanent resident, is my travel facility current, or do I need a Resident Return visa?
• Consistency. Do our addresses, dates and histories match across every form and statement?

Our partner visa document checklist and guide to partner visa requirements cover the rest of the application.

How My Migration Lawyers helps a partner visa sponsor living overseas

My Migration Lawyers helps a partner visa sponsor living overseas by confirming the sponsor's eligibility first and only then choosing the visa and preparing the application. The firm deals with complex sponsor matters, including permanent residents who have lived abroad for long periods, citizens with dual nationality, eligible New Zealand citizens, sponsors with previous sponsorships and couples living in different countries. The firm acts in many matters of this exact type and is capable of handling them, with care and attention to the detail that decides these applications.

Our work for a partner visa sponsor living overseas usually follows these steps:

• Sponsor status check. We confirm whether the sponsor is a citizen, a permanent resident or an eligible New Zealand citizen. For a permanent resident living abroad, we review the sponsor's travel history, ties to Australia and circumstances overseas against the "usually resident in Australia" definition in regulation 1.03 before any charge is paid.
• Limitation and character review. We check the sponsor's previous sponsorships and any sponsorship of the sponsor as a partner against regulation 1.20J, and review any criminal history under the sponsor character rules.
• Visa choice and sequencing. We advise whether the Subclass 309, the Subclass 820 or the Subclass 300 fits the couple's location, and whether the sponsor should lodge now, re-establish residence first, or wait for citizenship.
• Relocation evidence. We review the couple's evidence of their plan to live in Australia and the sponsor's ties, and explain what the Department is likely to expect.
• Forms and statements. We review the visa application, the sponsorship form and the couple's own relationship statements for consistency in addresses, dates and history, and ask the couple to correct and confirm their own account.
• Police certificates and documents. We identify the police certificates and identity documents needed from each country of residence and the order in which to request them.
• Dealing with the Department. We respond to requests for information, manage notifications of changes in circumstances, and keep the sponsorship in force through to decision.
• Review if needed. If the application or the sponsorship is refused, we advise on Tribunal review within the 28-day limit and represent the couple in the review.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see the firm's approach to offshore partner visa matters, and read our FAQs on whether an Australian partner visa lawyer can help if you live overseas and who can help with an offshore Subclass 309 and Subclass 100 visa. Our guide to working with partner visa lawyers online explains how video consultations work across time zones, and the partner visa questions hub answers many related questions. For a deadline that cannot wait, see our urgent visa lodgement service, and where a permanent visa is under threat, our visa cancellation lawyers can advise.

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 matter is different, and no lawyer can promise the outcome of a partner visa application. What My Migration Lawyers can do is tell a partner visa sponsor living overseas honestly whether they can sponsor now, which visa fits, what evidence the Department is likely to expect, and how to lodge in the right order.

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