Partner Visa Sponsor Whose Own PR Is Still Pending

A partner visa sponsor PR pending is in a frustrating position. You have done everything right on your own application. You are living in Australia, often on a bridging visa, and you are waiting for the Department of Home Affairs to grant your permanent visa. In the meantime you have a partner, and you want to start their partner visa now. The short answer for any partner visa sponsor, PR pending, is that the law does not allow it yet. Until your permanent visa is granted, you are not an Australian permanent resident, and you cannot sponsor.

This guide is written for the partner visa sponsor PR pending, not for the applicant. It explains why a pending permanent visa does not count, why a later grant does not fix an application lodged too early, what lodging early can cost the couple, and which strategies usually work better. It also covers a duty many sponsors overlook: telling the Department about a new partner or marriage in your own pending application. Finally, it explains the special rules where your pending visa is itself a partner visa or a Contributory Parent visa.

If you are not sure whether you can sponsor at all, start with our guide to who can sponsor a partner visa. My Migration Lawyers acts as partner visa lawyers for sponsors and applicants in Subclass 820, Subclass 309 and Subclass 300 matters across Australia.

Partner visa sponsor PR pending: can you sponsor yet?

No. A partner visa sponsor PR pending cannot sponsor a partner visa until the permanent visa is granted, because only an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can be the sponsor. A person whose permanent visa application is still undecided holds a temporary visa or a bridging visa. They are not yet a permanent resident, however strong their own application looks.

The partner visa rules require the applicant to be the spouse or de facto partner of an eligible sponsor. For a Subclass 820 application this appears in clause 820.211(2) of Schedule 2 to the Migration Regulations 1994. For a Subclass 309 application the same idea appears in clauses 309.211 and 309.213. The person must also be sponsored by that partner, if the partner has turned 18. A temporary visa holder does not meet this description, and our guide on whether a temporary visa holder can sponsor a partner visa explains the general rule.

Many people assume that a pending permanent visa is "nearly" permanent residence, and that the Department will look at it sympathetically. It will not. The definition of "Australian permanent resident" in regulation 1.03 refers to a non-citizen usually resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by law. A bridging visa is subject to a limitation as to time. So is every temporary visa. The partner visa sponsor PR pending simply does not meet the definition yet.

What counts as being granted

You become a permanent resident when the permanent visa is granted and you hold it. The application being lodged is not enough. An invitation, a nomination approval, a positive skills assessment, a health clearance or an email saying the case is "finalising" is not enough either. The grant notice is the document that changes your status. Until it arrives, the answer to the partner visa sponsor PR pending question stays the same.

Once the permanent visa is granted, you can check your status through the visa grant notice and the Department's online visa status check. Our guide to the documents a sponsor needs to provide explains how sponsors prove permanent residence or citizenship.

Why a pending PR does not count: the time of application rule

A pending PR does not count because sponsor status is tested at the moment the partner visa application is made. For a Subclass 820 application, clause 820.211(2) is a time of application criterion. The applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen at the time the application is lodged. If the sponsor is not a permanent resident on that day, the criterion fails on that day.

This is the core legal point for every partner visa sponsor PR pending. It is not a question of discretion, sympathy or how long the sponsor has been waiting. It is a question of dates.

The sponsorship must also be approved at time of decision

There is a second, separate requirement. The sponsorship must be approved and must remain in force at the time of decision. For a Subclass 820 application this is clause 820.221(4). For a Subclass 309 application it is clause 309.222(1). The sponsor applies for approval by completing the sponsorship form, Form 40SP, "Sponsorship for a Partner to Migrate to Australia", online through ImmiAccount after the applicant lodges and gives the sponsor the application reference.

The Form 40SP sponsorship 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 the form. The exception is an applicant who is subject to section 48 of the Migration Act 1958. That applicant must provide the sponsorship form and supporting declarations at lodgement under item 1124B(3)(e). Our guide to the section 48 bar for partner visas explains when this applies.

Because the sponsorship form can follow the application, some couples believe they can lodge the visa now and complete the sponsorship "later, once the PR comes through". That belief is the trap in most partner visa sponsor PR pending cases. A sponsorship completed after the grant does not change the fact that, on the day of the visa application, the sponsor was not a permanent resident.

Why a later grant does not cure an early application

A later grant does not cure an application lodged too early, because the law looks backwards to the date of the application for this criterion. When the decision maker assesses clause 820.211(2), the question is: on the day this application was made, was the applicant the spouse or de facto partner of an eligible sponsor? If the sponsor was then on a bridging visa, the answer is no. A grant three weeks later does not rewrite that day.

This is different from criteria assessed at the time of decision. Some sponsorship rules, such as the five-year limitations in regulation 1.20J, are measured to the date the sponsorship is approved or refused. Time passing during processing or review can cure those. Sponsor status under clause 820.211(2) is not one of them. That distinction is why a partner visa sponsor PR pending should not take comfort from stories about sponsors whose problem "fixed itself" during review. Those stories usually concern a different rule.

Does the same rule apply to a Subclass 300 prospective marriage visa?

Yes, in substance. A Subclass 300 applicant must be the intended spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and sponsored by that person. A fiancé or fiancée whose own permanent visa is still pending is not yet an eligible sponsor. Our guide on who can sponsor a prospective marriage visa and the firm's Subclass 300 prospective marriage visa page explain the visa in more detail.

Who is usually in the partner visa sponsor PR pending position?

The partner visa sponsor PR pending is usually a person who has lodged a permanent visa application in Australia and is waiting for a decision. The visa they are waiting for, and the visa they hold while they wait, affect which strategy fits. The common groups are set out below.

Bridging visa holders waiting on a skilled, employer or family permanent visa

The largest group is people on a Bridging A visa or Bridging B visa who have lodged a permanent skilled, employer sponsored or family visa application in Australia. They have often lived in Australia for years. Their working life, home and social life are here. To them, permanent residence feels close. Legally, they are still temporary. A bridging visa holder cannot sponsor a partner visa, and our guides to bridging visas in Australia and the Bridging A visa explain what those visas do and do not allow.

Subclass 820 holders waiting for the Subclass 801

A person who holds a temporary Subclass 820 visa and is waiting for the permanent Subclass 801 is also a partner visa sponsor PR pending, if they want to sponsor someone new. They are not a permanent resident until the Subclass 801 is granted. They also face two further problems. First, their own Subclass 801 usually depends on their original relationship continuing, unless special provisions such as the family violence provisions apply. Second, regulation 1.20J(1)(c) can stop them sponsoring for five years after their own partner visa application. Both issues are covered later in this guide. The firm's family violence partner visa lawyers act where a relationship has ended in those circumstances.

Contributory Parent visa applicants

Parents who have applied for a permanent Contributory Parent visa, Subclass 143 or Subclass 864, and who are in a relationship, sometimes ask whether they can sponsor their partner after the grant instead of including them. Regulation 1.20KA can block that for five years. This is one of the most important partner visa sponsor PR pending traps, and it is explained in Body C.

New Zealand citizens waiting on a permanent visa

A New Zealand citizen who is not an eligible New Zealand citizen, and who has applied for an Australian permanent visa, is also waiting. Eligible New Zealand citizen status is a narrow category tied to a protected Special Category Visa, broadly linked to being in Australia around 26 February 2001. A New Zealand citizen outside that category cannot sponsor until they become an Australian permanent resident or citizen. Our guide on whether a New Zealand citizen can sponsor a partner visa explains the test.

People who think a provisional visa is permanent residence

A grant is not always a permanent grant. A temporary or provisional visa, even one designed as a step towards permanent residence, does not make the holder an Australian permanent resident. Skilled regional provisional visas and the temporary Subclass 820 and Subclass 309 partner visas are examples. A person who holds one of those visas and has a permanent visa application pending, or who intends to apply for one, is in the same partner visa sponsor PR pending position. Read the grant notice carefully. It states the visa subclass and whether the visa is permanent.

What happens if you lodge a partner visa before your PR is granted?

If a partner visa is lodged before the sponsor's permanent visa is granted, the application will usually be refused, because the applicant was not the partner of an eligible sponsor at the time of application. The couple lose the visa application charge, the applicant may lose lawful options in Australia, and a refusal goes on the record. For a partner visa sponsor PR pending, lodging early is rarely a harmless "placeholder".

Refusal and the application charge

The Department's partner visa application charge is AUD 11,710 for most applicants (Home Affairs, checked October 2026; charges usually change each 1 July). That charge is not refunded if the application is refused or withdrawn. A couple who lodge early, and then wait months for a refusal, usually lose the whole charge and then pay it again when they lodge a valid application after the grant. Our guide to the cost of a partner visa explains the charges, and our answer on whether you can get a refund if you withdraw a partner visa application covers withdrawal.

The sponsorship itself will also fail. The sponsor cannot have a sponsorship approved for an application where they were not eligible when it was made. Our answer on what happens if a partner's sponsorship is refused explains how a sponsorship refusal flows into the visa decision.

The effect on an onshore partner

The consequences can be more serious where the partner is in Australia. A Subclass 820 application made in Australia usually comes with a bridging visa. When the application is refused, that bridging visa will generally come to an end after a set period unless a review is lodged. If the partner no longer holds a substantive visa, they may then be subject to section 48 of the Migration Act 1958, which limits the visas they can apply for in Australia after a refusal. They may also face Schedule 3 criteria if they become unlawful. These rules are explained in our guides to partner visa Schedule 3 criteria and what section 48 means for a partner visa.

The exact effect depends on the partner's own visa history, any visa conditions such as condition 8503, and the date of the refusal. The point for the partner visa sponsor PR pending is simple: an early application can turn a partner who had a clean, lawful pathway into a partner with a refusal, a bridging visa problem and fewer choices. Our guide to condition 8503 and partner visas explains one of the most common complications.

The refusal stays on the record

A refusal is a permanent part of the applicant's immigration history. Future visa applications ask whether the applicant has ever been refused a visa, and the answer must be yes. Our answer on whether you need to disclose a previous visa refusal on a partner visa explains why. A refusal for sponsor ineligibility is usually easy to explain, but it still adds a step to every future application.

Review will not fix the timing

An application to the Administrative Review Tribunal (ART) does not fix a sponsor who was not eligible when the application was made. The Tribunal decides the application again, but it applies the same time of application criterion to the same date. If the sponsor was not a permanent resident on that date, the Tribunal cannot change the date. Review is still sometimes useful, for example to keep a bridging visa in place while a new strategy is put in place, but that is a lawful status decision, not a cure for the sponsor problem.

If review is considered, the deadlines are strict. An application to the ART for review of a partner visa refusal 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 ART fee is AUD 3,727 from 1 July 2026, with a 50% fee reduction available for financial hardship and 50% refunded if the decision is set aside or remitted. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. Our guides to the partner visa appeal deadline, who can lodge a partner visa appeal and partner visa ART fees explain the process.

What if the partner visa has already been lodged too early?

If a partner visa has already been lodged while the sponsor's PR was pending, the couple should get advice before doing anything else, because the right step depends on where the partner is, which visa they held at lodgement and whether a bridging visa was granted. The usual options are to withdraw, to keep the application on foot for lawful status reasons while preparing a new valid application, or to accept the refusal and then lodge correctly.

Each option has a cost. Withdrawal ends the application, and the charge is generally not refunded. Leaving it on foot may keep a bridging visa in place, but the application will not be granted on the sponsor ground. Lodging a second application while the first is pending raises its own validity and processing questions, explained in our answer on whether you can lodge a partner visa while another visa application is pending. Our answer on whether you can withdraw a partner visa application and reapply explains the main trade-offs.

The partner visa sponsor PR pending who has already lodged should also look at the partner's own lawful status urgently. If the partner's substantive visa has expired and they are on a bridging visa linked only to the early application, a refusal can leave them with very little time. The firm's urgent visa lodgement service deals with time-critical matters of this kind.

Partner visa sponsor PR pending: the better strategies

The better strategy for a partner visa sponsor PR pending is usually one of four things, or a combination: include the partner in the sponsor's own permanent visa application if the subclass allows it, keep the partner lawful on their own visa, prepare the relationship evidence now, and lodge the partner visa only after the grant is confirmed. Which combination fits depends on the sponsor's visa, the partner's visa and how long the relationship has existed.

Include your partner in your own PR application, where the subclass allows it

For many partner visa sponsor PR pending situations, the cleanest answer is not a partner visa at all. Many permanent visa subclasses allow a spouse or de facto partner who is a member of the applicant's family unit to be included as a secondary applicant. In some subclasses, and subject to the regulations, a family member can be added to an application that has already been lodged, provided this happens before the application is decided. If that is available, the partner may be granted permanent residence at the same time as the sponsor, without a separate partner visa, a separate sponsorship or the two-stage partner process.

This option must be checked against the specific visa subclass and its rules. Some subclasses do not allow a family member to be added after lodgement. Some have deadlines or require the relationship to have existed at a particular time. The partner must meet the definition of spouse or de facto partner, including any relationship length requirement that applies to de facto partners. They must also meet health and character requirements, and a secondary applicant charge usually applies. Our answer on whether you can include a de facto partner in your visa application introduces the issue, and our guides to the de facto partner visa 12-month rule and whether you can apply before living together for 12 months explain the relationship length rules.

Timing matters. Once the sponsor's application is decided, the chance to add a partner to it is generally gone. A partner visa sponsor PR pending who is in a genuine relationship, and whose subclass allows it, should look at this option before the decision, not after.

Keep your partner lawful on their own visa

If including the partner is not available, or not suitable, the partner should keep their own lawful status while the sponsor waits. That might be a student visa, a work visa, a graduate visa, a working holiday visa or, for a partner overseas, a visitor visa used carefully. The aim is to avoid a gap in which the partner has no substantive visa and is tempted into an early partner application.

Each visa has its own conditions and risks. A visitor visa with condition 8503 can block an onshore partner application later. A student visa holder must keep meeting their study conditions. Our guides to a partner visa on a student visa, a partner visa from a Subclass 482 visa, a partner visa on a graduate visa, a partner visa on a working holiday visa and applying for a partner visa while on a tourist visa explain the main issues for each.

Prepare the relationship evidence now

The waiting period is not wasted time. A partner visa sponsor PR pending can use it to build the evidence the partner visa will need on the day it is lodged. The Department looks at four aspects of a relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Evidence that already exists, and is organised, makes a later application quicker to prepare and easier to assess.

Practical steps include putting both names on a lease or utility account, opening a joint account and using it, keeping records of shared expenses, and being open about the relationship with family and friends who may later give Form 888 statements. Our guides to partner visa relationship evidence, preparing evidence of a genuine relationship, building a partner visa evidence timeline and the partner visa document checklist explain what to collect. Our guide to Form 888 for partner visas explains supporting statements.

Prepare the evidence honestly and consistently with what the sponsor has told the Department in their own application. That point leads to the disclosure duty discussed below.

Lodge after the grant: the sequencing checklist

The partner visa should be lodged after the grant is confirmed, and ideally soon after, when the evidence is ready. A sensible sequence for the partner visa sponsor PR pending is:

• Confirm the grant. Read the grant notice. Check the visa subclass and that it is a permanent visa. Check the date of grant.
• Check the sponsorship limitations. Confirm whether regulation 1.20J or regulation 1.20KA applies, especially if the permanent visa was a partner visa or a Contributory Parent visa.
• Check the sponsor's own declarations. Compare what the sponsor told the Department about their relationship status in their own application with the facts that will appear in the partner visa.
• Check the partner's status. Confirm the partner's current visa, its expiry date, any no further stay condition and whether the partner is in Australia or overseas, which decides between a Subclass 820 and a Subclass 309.
• Lodge the visa application. The applicant lodges, then gives the sponsor the reference.
• Complete the sponsorship. The sponsor completes Form 40SP in ImmiAccount and provides proof of permanent residence.

Our guides to onshore versus offshore partner visas, the Subclass 820 visa, the Subclass 309 visa and a partner visa application review before lodgement cover the remaining steps.

Do you have to tell the Department about a new partner while your PR is pending?

Yes. A sponsor whose own permanent visa application is still undecided must tell the Department about changes in their circumstances, including a new marriage or de facto relationship, under section 104 of the Migration Act 1958, usually by using Form 1022. The duty belongs to the sponsor as an applicant in their own matter. It exists whether or not the partner will later apply for a partner visa.

This is the part of the partner visa sponsor PR pending problem that many people miss. When the sponsor lodged their permanent visa application, they answered questions about their relationship status and family members. If they were single then, and are now married or in a de facto relationship, those answers are no longer correct. Section 104 requires the applicant to notify the change as soon as practicable. Our guides to Form 1022 change of circumstances and Form 1022 for partner visas explain how the form works.

Why the disclosure matters for the later partner visa

The disclosure matters because the Department will compare the two applications. When the partner later applies, the relationship statement and evidence will show when the relationship began. If that date falls while the sponsor's own application was pending, and the sponsor never told the Department, the inconsistency is obvious. The sponsor's own file will still say "never married" or "single" for a period when the partner visa says the couple were together.

That inconsistency can lead to questions about whether false or misleading information was given. Public interest criterion 4020 allows refusal where false or misleading information, or a bogus document, has been given in relation to an application. Our guides to partner visa PIC 4020, what PIC 4020 means for a partner visa and how to tell an honest mistake from a PIC 4020 issue explain the risk. Our guide to an undeclared relationship in a partner visa covers the situation where the relationship was not disclosed at all.

There is also a risk to the sponsor's own permanent visa. Incorrect information in an application can affect that application and, after grant, can become a cancellation issue. The firm's visa cancellation lawyers act where that risk becomes real. The safe course for any partner visa sponsor PR pending is to disclose the relationship accurately and promptly, and to keep the facts consistent across every application the couple make.

Telling the Department may open the "include" option

Disclosure is not only a duty. It can also be the first step in the include-your-partner strategy. Where the subclass allows a family member to be added before decision, the notification of the new relationship and the request to add the partner often go together. A partner visa sponsor PR pending who discloses early keeps that option open. One who stays silent may lose it and create an integrity problem at the same time.

When the pending PR is itself a partner visa or a Contributory Parent visa

Where the sponsor's pending permanent visa is a partner visa or a Contributory Parent visa, there is a second barrier after the grant. Regulations 1.20J and 1.20KA can stop the new permanent resident sponsoring for five years. For this group, the partner visa sponsor PR pending question is not only "when will I be granted?" but also "when will I be allowed to sponsor after grant?".

Regulation 1.20J(1)(c): the sponsor who was sponsored as a partner

Regulation 1.20J(1)(c) provides that a person who was themselves sponsored as a spouse, de facto partner or fiancé cannot have a sponsorship approved until at least five years after their own visa application was made. Only sponsorships that led to a visa grant count. The five years are measured to the date the current sponsorship is approved or refused, which is the time of decision. That means time passing while a later partner visa is processed, or while a review is running, can cure the limitation.

For a partner visa sponsor PR pending who is waiting for a Subclass 801 or Subclass 100, this rule stacks on top of the permanent residence requirement. They must first be granted the permanent visa. Then the sponsorship can be approved only if five years have passed since their own partner visa application, or if the Minister approves despite the limitation because of compelling circumstances affecting the sponsor under regulation 1.20J(2). Our guides to partner visa sponsorship limitations and whether you can sponsor a partner if you were sponsored on a partner visa explain the rule, and the firm's sponsorship limitation lawyers act in these matters.

The same regulation also limits a person to two approved partner or prospective marriage sponsorships in their lifetime under regulation 1.20J(1)(a), and requires five years between sponsorships under regulation 1.20J(1)(b). Our answer on whether you can sponsor more than one partner covers those limits.

Regulation 1.20KA: the Contributory Parent visa holder

Regulation 1.20KA applies to a person granted a permanent Contributory Parent visa, Subclass 143 or Subclass 864, on or after 1 July 2009. If that person was already in a spouse or de facto relationship with the partner visa applicant on or before the parent visa grant, they cannot sponsor that partner for five years from the grant. A waiver is available only for compelling circumstances that are not finance-related.

The policy reason is clear. A parent who is already in a relationship when the parent visa is decided is expected to include that partner in the parent visa application, not to obtain the parent visa and then sponsor the partner through the partner program. For a partner visa sponsor PR pending whose application is a Contributory Parent visa, this makes the include-your-partner strategy especially important while the application is still undecided. Waiting until after the grant can cost five years.

The undisclosed relationship problem in these cases

Both rules interact with disclosure. A Contributory Parent visa applicant who was in a relationship but did not disclose it, and then later tries to sponsor that partner, faces regulation 1.20KA and a likely PIC 4020 enquiry together. A Subclass 820 holder who forms a new relationship while waiting for the Subclass 801 faces questions about whether their own relationship was continuing when they said it was. These are complex matters, and our guide to complex partner visa applications explains why they need careful handling.

What the sponsor must still satisfy after the grant

After the grant, the new permanent resident must still meet every other sponsor requirement. Permanent residence removes the partner visa sponsor PR pending barrier, but it does not remove the rest of the sponsorship assessment.

• Usually resident in Australia. A permanent resident sponsor must be usually resident in Australia under the regulation 1.03 definition. "Usually resident" turns on physical residence and the intention to make Australia home. A temporary absence does not necessarily break it. A sponsor who has lived in Australia while waiting for the grant will usually satisfy this.
• Sponsorship limitations. Regulations 1.20J and 1.20KA apply as explained above.
• Character. Under regulations 1.20KB and 1.20KC, a sponsor convicted of a relevant offence, for example a violence or sexual offence, or with a significant criminal record, can have the sponsorship refused unless it is reasonable to approve it. Sponsors may need police certificates. Our answer on whether you can get a partner visa if your sponsor has a criminal record explains this.
• The sponsor undertaking. The sponsor undertakes to provide adequate accommodation and financial assistance to meet the applicant's reasonable living needs for the first two years, from arrival in Australia or from grant if the applicant is in Australia, and to tell the Department if they withdraw support. Our answer on whether a sponsor needs a minimum income explains what the undertaking does and does not require.
• Proof of status. The sponsor provides evidence of permanent residence, such as the visa grant notice and passport.

Our guides to partner visa eligibility and partner visa requirements set out the full list.

Common mistakes in partner visa sponsor PR pending cases

The most common mistakes in partner visa sponsor PR pending cases come from treating a pending permanent visa as if it were already granted. Each of the beliefs below is wrong.

"The Department will hold the partner visa until my PR is granted"

This is wrong. The Department assesses the partner visa against the criteria that apply to it. It has no obligation to wait for the sponsor's grant, and waiting would not help, because sponsor status is tested at the time of application.

"I can lodge now and do the sponsorship form after my grant"

This is wrong. The sponsorship form can follow the visa application, but the sponsor's eligibility on the day the application was made is what counts for clause 820.211(2). Completing the form after the grant does not change that day.

"A bridging visa linked to my PR application is as good as PR"

This is wrong. A bridging visa is a temporary visa. Our answer on whether you can apply for a partner visa on a bridging visa explains the position for applicants. A sponsor on a bridging visa is not an Australian permanent resident.

"My partner will be fine because we will appeal"

This is wrong. Review does not change the date of the application. It may help with lawful status for a time, but it does not make an ineligible sponsor eligible.

"My new relationship is none of the Department's business until the partner visa"

This is wrong. A sponsor with a pending application must notify changes in circumstances under section 104. Failing to do so can create a PIC 4020 risk in the later partner visa and can affect the sponsor's own application.

"Once I am granted, nothing else can stop me sponsoring"

This is wrong for sponsors whose permanent visa was a partner visa or a Contributory Parent visa, and for sponsors with certain criminal history. Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC still apply after the grant. Our guide to partner visa application mistakes covers other errors that lead to refusal, and our guide to an invalid partner visa application explains validity problems.

What Tribunal decisions show about sponsor status and timing

Published Tribunal decisions show that sponsor status, sponsorship timing and disclosure are recurring issues in partner visa reviews. The decisions below are drawn from reported remittals in partner visa matters. In each case the Tribunal set aside the refusal and remitted the matter to the Department. They are described only by what the published headnote records, and no outcome in one case predicts the outcome in another.

Sponsor status at the time of application:

• Zhao (Migration) [2021] AATA 5494. A Subclass 820 matter in which the headnote records that, at the time of application, the applicant was the spouse of an Australian permanent resident, and that the parties were validly married. The focus on the time of application is the same test that defeats a partner visa sponsor PR pending who lodges early.
• SHAHIN (Migration) [2021] AATA 2611. A Subclass 820 matter in which the headnote lists the sponsor's residence status as an issue, together with the genuine spousal relationship, financial aspects and the nature of the household.

Five-year limitations measured from the sponsor's own permanent visa:

• Pham (Migration) [2021] AATA 4906. A Subclass 309 matter involving a sponsorship limitation where the application was made less than five years after the sponsor's permanent visa was granted, and the limitation period had since passed. It illustrates the difference between a time of decision rule, which time can cure, and the time of application sponsor status rule, which it cannot.
• Ly (Migration) [2022] AATA 409. A Subclass 820 matter concerning sponsorship requirements and a time limit prior to sponsorship, where the sponsor was a Contributory Parent visa holder and the parties had re-married in Australia.
• Rahman (Migration) [2020] AATA 3380. A Subclass 309 matter in which the sponsorship remained in force and five years had lapsed from the grant of a permanent Contributory Parent visa.

Disclosure of relationships and earlier applications:

• 2107016 (Migration) [2022] AATA 2250. A Subclass 820 matter in which the headnote records that the parties provided false or misleading information, that the applicants failed to disclose details of a previous relationship and a Subclass 300 visa application, and that the sponsor's health was a consideration.

These decisions are illustrations, not predictions. They show that the Tribunal looks closely at dates: the date the application was made, the date the sponsor's permanent visa was granted and the date the sponsorship is decided. They also show that disclosure problems can follow a couple into review. For the partner visa sponsor PR pending, the lesson is to get the dates right before lodgement, because some dates cannot be changed later. The firm's partner visa refusal lawyers and visa refusal appeal lawyers act in reviews of this kind, and our guide to partner visa refused appeal options compares the routes.

How My Migration Lawyers helps a partner visa sponsor PR pending

My Migration Lawyers helps a partner visa sponsor PR pending by working out, before anything is lodged, whether the partner can be included in the sponsor's own permanent visa application, how the partner stays lawful while the sponsor waits, and the date on which a valid partner visa can be lodged. The firm deals with complex sponsor matters, including sponsors on bridging visas, Subclass 820 holders waiting for the Subclass 801, Contributory Parent visa applicants, sponsors who have not yet disclosed a new relationship, and couples who have already lodged too early. The firm acts in many partner visa sponsor matters of this exact type and is capable of handling them.

Our work on a partner visa sponsor PR pending matter follows clear steps:

• Status check. We confirm the sponsor's current visa, the permanent visa applied for, its stage and whether the grant has occurred. We read the grant notice when it arrives and confirm the visa is permanent.
• Partner inclusion review. We check whether the sponsor's visa subclass allows a spouse or de facto partner to be added before decision, whether the relationship meets the definition, and what the partner would need to provide.
• Disclosure review. We compare what the sponsor told the Department about their relationship status with the actual facts, and prepare any Form 1022 notification so the record is accurate.
• Limitation check. We check regulations 1.20J and 1.20KA, especially where the sponsor's own visa is a partner visa or a Contributory Parent visa, and whether compelling circumstances can be shown where needed.
• Partner status plan. We review the partner's visa, its expiry date and any no further stay condition, and advise on keeping the partner lawful until lodgement.
• Evidence review. We review the couple's documents and statements across the four aspects of the relationship, identify gaps and ask the couple to correct and confirm their own account.
• Lodgement sequencing. We prepare and lodge the Subclass 820, Subclass 309 or Subclass 300 application after the grant, then guide the sponsor through Form 40SP.
• Early lodgement repair. Where an application has already been lodged too early, we advise on withdrawal, lawful status, review and the timing of a new valid application, and we deal with the Department and the Tribunal where needed.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, browse our partner visa questions and answers, read the complete partner visa guide for Australia, and see how the firm approaches partner visa lawyer work. Our answer on whether a lawyer can check a partner visa before you lodge explains what a pre-lodgement review involves.

My Migration Lawyers acts for sponsors across Australia 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.

No lawyer can make a pending permanent visa count as permanent residence, and no lawyer can promise the outcome of a visa application. What My Migration Lawyers can do is tell a partner visa sponsor PR pending honestly what the law allows now, what it will allow after the grant, and how to sequence each step so the couple do not lose time, money or options.

Book a consultation with My Migration Lawyers to plan your partner's visa around your own pending permanent visa. You can also call us on 1300 040 300.