Partner Visa Sponsor Requirements

The partner visa sponsor requirements decide whether the Australian partner's sponsorship is approved, and without an approved sponsorship no partner visa can be granted. Many couples assume that once the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen, the sponsor's part is finished. It is not. The partner visa sponsor requirements are a separate set of checks. They sit beside the relationship test, and they can defeat an application even where the relationship is genuine and the evidence of it is strong.

This guide explains each of the partner visa sponsor requirements in turn. It covers what the Department checks, which regulation or clause applies, what evidence answers each check, and where sponsorships fail in practice. It also explains what happens if the sponsorship is not approved, and how a refusal is reviewed. For the wider picture of the visa itself, see our complete guide to partner visas in Australia and the firm's partner visa lawyers page.

The guide assumes the sponsor is already the right kind of person to sponsor. Whether a person can be a sponsor at all is a gateway question. It is covered in our answer on who can sponsor a partner visa. This article starts at the next step: the checks an eligible sponsor must still pass.

What are the partner visa sponsor requirements?

The partner visa sponsor requirements are the criteria the sponsor must satisfy before the Department approves the sponsorship, and the visa criteria that depend on that approval. In summary, an eligible sponsor must meet nine requirements:

• The right status at the right time. The sponsor must be the applicant's spouse or de facto partner (or, for a Subclass 300, the prospective spouse) and an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
• A sponsorship that is lodged, approved and still in force at the time of decision (820.221(4), 309.222(1), 300.222(1)).
• The sponsorship limits. The sponsor must not be blocked by regulation 1.20J (two sponsorships, five years, and the rule for people who were sponsored themselves) or regulation 1.20KA (Contributory Parent visa holders), unless a waiver applies.
• The child protection rule. Where an applicant under 18 is included, the sponsor must not have a conviction or unresolved charge for a registrable offence (regulation 1.20KB), and must provide any police checks requested.
• The criminal record rule. The sponsor must not have a conviction for a relevant offence together with a significant criminal record (regulations 1.20KC and 1.20KD), unless approval is reasonable.
• Consent to disclosure. The sponsor must consent to the Department telling each applicant about any conviction for a relevant offence (820.221(4)(b), 309.222(2)).
• The Subclass 204 preclusion. The sponsor must not fall within the Woman at Risk visa rule (309.212, 820.211(2B), 300.212).
• The undertaking. The sponsor must sign an undertaking to support the applicant.
• Truthful and complete declarations. Everything the sponsor declares must be accurate.

Some of these partner visa sponsor requirements are absolute. Others carry a discretion or a waiver. That difference matters, because it decides whether a problem is fatal or whether it can be answered with evidence and submissions. The general partner visa requirements for the applicant, and the broader partner visa eligibility rules, are separate again.

Which partner visa sponsor requirements apply to each subclass?

The same core partner visa sponsor requirements apply to the onshore Subclass 820 visa, the offshore Subclass 309 visa and the Subclass 300 Prospective Marriage visa. The sponsorship is assessed at the temporary stage. The second stage (Subclass 801 after Subclass 820, and Subclass 100 after Subclass 309) does not require a new sponsorship approval. Our explainer on the two-stage partner visa process shows how the stages fit together.

Requirement 1: is the sponsor the right person, with the right status, at the right time?

Yes, the first of the partner visa sponsor requirements is that the sponsor is the applicant's partner and holds a qualifying status, and the Department checks this against the dates and documents in the file. If the applicant's spouse or de facto partner is 18 or over, that partner is the sponsor. If the partner is under 18, a parent or guardian of the partner who is 18 or over sponsors instead. For a Subclass 300, the prospective spouse sponsors and must be at least 18 at application.

The status itself is proved with documents. A citizen proves citizenship with an Australian passport or citizenship certificate. Our answer on how to prove a sponsor is an Australian citizen explains the usual documents. A permanent resident's status is usually confirmed from Department records. A New Zealand citizen must be an eligible New Zealand citizen, which is a narrow definition. Our answer on whether a New Zealand citizen can sponsor a partner visa explains the test.

Two common errors with this part of the partner visa sponsor requirements sit here. The first is a sponsor who holds only a temporary visa. That person cannot sponsor. Our answer on whether a temporary visa holder can sponsor a partner explains why. The second is a sponsor whose permanent status is uncertain, for example because a permanent visa is under cancellation. The status questions are covered in more depth elsewhere, so this article moves on to the remaining partner visa sponsor requirements.

Requirement 2: has the sponsorship been lodged, approved and kept in force?

The sponsorship must be lodged, approved by the Department and still in force when the visa decision is made, because 820.221(4), 309.222(1) and 300.222(1) make approved sponsorship a time of decision criterion. This is the partner visa sponsor requirement that connects all the others. Every other one of the partner visa sponsor requirements is tested through it. If the sponsorship is not approved for any reason, the visa criterion is not met and the visa must be refused.

How is the sponsorship lodged?

The sponsor lodges the sponsorship online. The form is titled "Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)", and it is commonly called Form 40SP. Our answer on Form 40SP for a partner visa explains what it covers, and our answer on the documents a sponsor needs lists the usual supporting papers.

Can the visa application be lodged before the sponsorship?

Yes, in most cases. The sponsorship is not a Schedule 1 validity requirement for a Subclass 820 or Subclass 309 application, so a valid application can be made before the sponsorship is lodged. A Subclass 300 application is also valid without it, but it cannot be granted without the approved sponsorship.

There is one important exception, and it is the point at which the partner visa sponsor requirements affect validity rather than grant. Where the applicant is in Australia and subject to section 48 of the Migration Act, a completed sponsorship form signed by the sponsoring spouse or de facto partner is required for a valid application (subparagraph 1124B(3)(e)(ii)). Section 48 usually applies to a person who has had a visa refused or cancelled since last entering Australia. If the sponsorship is missing in that situation, the problem is not a refusal. The application is invalid. Our guide to the section 48 bar and partner visas and our article on invalid partner visa applications explain the consequences.

What does "in force at the time of decision" mean?

It means the sponsorship must still be approved and not withdrawn on the day the decision is made. A sponsorship that met the partner visa sponsor requirements at lodgement can still fail if it is withdrawn before the decision. A sponsor can withdraw a sponsorship. The Department treats a withdrawal as evidence against a continuing relationship. Our answer on whether a sponsor can withdraw the sponsorship explains the effect, and our answer on changing the sponsor of a partner visa explains why a new partner usually means a new application. There are limited exceptions where the relationship ends because the sponsor dies (820.221(2)) or because of family violence by the sponsor (820.221(3)). See the firm's family violence partner visa page and our answer on what happens if the partner visa sponsor dies.

What competitors commonly get wrong

A common error in published advice is to treat the sponsorship as a formality that the sponsor "signs and forgets". It is not. It is a live criterion, and it is one of the partner visa sponsor requirements most often overlooked. A sponsorship that was never lodged, or a sponsor who never answered a request for information, leads directly to a refusal. The Department does not send the sponsor a separate refusal letter. The visa refusal letter records that the sponsorship was not approved. Our answer on what happens when a partner sponsorship is refused explains this.

Requirement 3: does the sponsor pass the sponsorship limits?

The sponsor must not be blocked by the sponsorship limits in regulation 1.20J or regulation 1.20KA, and the Department tests these partner visa sponsor requirements against dates, the sponsor's declarations and its own records of earlier applications. The rules themselves are explained in full in our article on partner visa sponsorship limitations and on the firm's sponsorship limitations page. This section focuses on how the requirement is tested and evidenced.

What does regulation 1.20J require?

Regulation 1.20J has three limbs. Under regulation 1.20J(1)(a), a person can have at most two approved partner or fiancé sponsorships in a lifetime. Under regulation 1.20J(1)(b), five years must pass from the date of the first visa application to the decision on the current sponsorship. Under regulation 1.20J(1)(c), a person who was themselves sponsored as a partner or fiancé cannot sponsor until five years after their own visa application was made. A two-stage partner visa counts once, not twice.

How is regulation 1.20J tested?

The test turns on three dates: the date the earlier visa application was made, whether that application led to a grant, and the date of the decision on the current sponsorship. A sponsorship counts only if it led to a visa grant. A refused application does not count. The Department's own worked example shows the point. A first application made on 1 January 1994, a new application on 1 October 1998 and a decision on 1 March 1999 means the sponsorship can be approved, because the five years is measured to the decision, not to lodgement.

The Department checks the sponsor's answers in the sponsorship form against its own records. A sponsor who forgets an earlier sponsorship, or gives the wrong date, creates two problems at once: a limitation issue and a credibility issue. The first step in testing these partner visa sponsor requirements is always to establish the sponsor's full migration history with exact dates. Our answer on what happens when a sponsor was sponsored before explains the questions to ask, and our answer on whether a sponsored partner can sponsor a new partner covers the five-year rule for people who were sponsored themselves.

When is the regulation 1.20J limit waived?

The limit can be waived under regulation 1.20J(2) where there are compelling circumstances affecting the sponsor, and every case must be assessed against the waiver. A sponsor who fails one of the partner visa sponsor requirements in regulation 1.20J should therefore never assume the matter is over. Department policy gives examples: a dependent child of the applicant and sponsor, the death of a previous partner, abandonment by a previous spouse leaving dependent children, and a longstanding new relationship. Our guide to compelling circumstances for a partner visa and our answer on sponsoring more than one partner explain how this is put.

What does regulation 1.20KA require?

Regulation 1.20KA applies to a sponsor who holds a Contributory Parent visa (Subclass 143 or Subclass 864) granted on or after 1 July 2009. That person cannot sponsor a partner they were with at the time of grant for five years from the grant. A waiver is available under regulation 1.20KA(3) for compelling reasons that are not financial. The evidence for this part of the partner visa sponsor requirements is the visa grant notice, the date of grant, and the history of the relationship at that date.

Requirement 4: what police checks must a partner visa sponsor provide when a child is included?

Where an applicant under 18 is included in a Subclass 300, Subclass 309 or Subclass 820 application, the sponsor must provide the police checks the Department asks for, and the sponsorship must be refused under regulation 1.20KB if the sponsor has a conviction or unresolved charge for a registrable offence, unless an exception applies. This is one of the strictest partner visa sponsor requirements. Its purpose is to protect children. Our article on adding children to a partner visa and our answer on whether to include children in a partner visa explain when a child is part of the application.

Which police checks are required?

Under the partner visa sponsor requirements, the sponsor must provide a "Complete Disclosure" Australian National Police Check if the sponsor has spent 12 months or more in Australia since turning 16. The sponsor must also provide a police certificate from each other country where the sponsor has spent 12 months or more in total in the last 10 years since turning 16. A "Standard Disclosure" certificate is not acceptable. This is a frequent mistake. A sponsor who obtains the wrong kind of check has not met the request.

Our guide to the AFP police check for a partner visa, our article on overseas police certificates and our answer on the police check for a partner visa explain how to obtain each one. Where a certificate is hard to get from a particular country, see our answer on what to do if you cannot get a police certificate. Checks also expire. Our article on expired police checks explains when a new one is needed.

What happens if a requested police check is not provided?

The sponsorship may be refused under regulation 1.20KB(12) if a requested police check is not provided within a reasonable time. Department policy sets a minimum response period of 28 calendar days after a letter warning of refusal. Department policy also says the request is made to the sponsor directly, not through the applicant's representative, unless the sponsor has appointed one. That detail matters, because the partner visa sponsor requirements are the sponsor's responsibility, not the applicant's. A sponsor who does not check their own email may miss the request altogether.

Is there any discretion under regulation 1.20KB?

Yes, but it is narrow. The sponsorship is not refused under regulation 1.20KB if no applicant is under 18 at the time of the decision on the sponsorship, or if the charge was withdrawn, dismissed or otherwise disposed of without a conviction being recorded. A waiver is available only if the sentence was completed more than five years before the sponsorship application, there are no new charges, and there are compelling circumstances. The sponsorship form also asks the sponsor to declare convictions and pending charges relating to persons under 18. That declaration must be answered accurately.

Requirement 5: can a sponsor's criminal record stop the sponsorship?

A sponsor's criminal record stops the sponsorship under regulation 1.20KC only where the sponsor has been convicted of a relevant offence and also has a significant criminal record, and even then the sponsorship may be approved if it is reasonable to do so. Most convictions do not meet both limbs of these partner visa sponsor requirements. This is the partner visa sponsor requirement that is most often misunderstood, in both directions.

What is a relevant offence?

A relevant offence is an offence of a kind listed in regulation 1.20KC. The list covers violence, harassment, intimidation and stalking, breach of an apprehended violence order or similar order, firearms and weapons offences, people smuggling, trafficking, slavery, forced marriage and kidnapping, together with attempts and similar conduct. An offence outside the list, such as drink driving, cannot ground a refusal under regulation 1.20KC. Our article on partner visas and drink driving explains how that offence is treated.

What is a significant criminal record?

Under regulation 1.20KD, a significant criminal record means a sentence of death, life imprisonment or imprisonment for 12 months or more, or two or more terms of imprisonment totalling 12 months or more. Department policy treats a suspended sentence of imprisonment as a sentence for this purpose, because it is the sentence that counts, not the time served. A finding of guilt without a recorded conviction, such as a good behaviour bond with no conviction, is not a conviction for regulation 1.20KC.

When is it reasonable to approve the sponsorship anyway?

Under regulation 1.20KC(4), the Department may approve the sponsorship despite a relevant offence and a significant criminal record if it is reasonable to do so. The decision maker must have regard to the length of time since the sponsor completed the sentence, the best interests of any children of the sponsor or the applicant, and the length of the relationship. These are matters to weigh, not boxes to tick. Department policy says it would be an error to refuse on the basis that one of them is "not met".

The evidence that answers this partner visa sponsor requirement includes court records, sentencing remarks, evidence of completed sentences and rehabilitation, evidence about children, and evidence of the length and nature of the relationship. Our answer on whether a sponsor's criminal record affects a partner visa gives the short version, and our answer on getting a lawyer for a sponsor with a criminal record explains how the firm approaches it.

What about charges that are not finalised?

A charge that has not been finalised in court cannot ground a refusal under regulation 1.20KC. The Department may wait for the outcome before deciding. Our answer on whether to disclose charges with no conviction and our article on pending charges explain the disclosure side. Remember that regulation 1.20KB, which applies where a child is included, is stricter. Under that regulation, an unresolved charge for a registrable offence can be enough.

Sponsor character is different from applicant character

The partner visa sponsor requirements on criminal history are separate from the applicant's own character test. The applicant must meet the public interest criteria and section 501. Our guides to partner visa character requirements, partner visas with a criminal record and the general answer on a partner visa and a criminal record deal with the applicant's side.

Requirement 6: why must the sponsor consent to disclosure of convictions?

The sponsor must consent to the Department disclosing to each applicant any conviction of the sponsor for a relevant offence, because 820.221(4)(b) and 309.222(2) make that consent part of the time of decision criteria. Without the consent, this partner visa sponsor requirement is not met and the visa cannot be granted. The consent is given in the sponsorship, and it is one of the partner visa sponsor requirements that is easy to satisfy but fatal to miss.

The purpose is to let the applicant make an informed decision about the relationship. A conviction that has been quashed or otherwise nullified, or one for which the sponsor has been pardoned and is taken never to have been convicted, is disregarded (820.221(5), 309.222(3)). Department policy is clear that convictions for offences that are not relevant offences are not disclosed to the applicant.

Two practical points follow. First, where the issue is the sponsor's convictions, the Department does not put the reasons for non-approval to the applicant in a natural justice letter, and it does not set them out in the refusal. The applicant may learn only that the sponsorship criterion is not met. Second, a sponsor who has relevant convictions should take advice before lodging, so that the couple understands what will be disclosed. Our article on undisclosed convictions explains the risks of staying silent, and our answer on what a section 57 natural justice letter means explains the invitation to comment.

Requirement 7: does the Subclass 204 preclusion apply?

The Subclass 204 preclusion applies where the sponsor was granted a Subclass 204 Woman at Risk visa within five years before the partner visa application and the applicant was a former partner or an undeclared partner. It is set out in 309.212, 820.211(2B) and 300.212. It is a narrow rule within the partner visa sponsor requirements. Most sponsors will never meet it.

Where it does apply, it is one of the partner visa sponsor requirements that is checked against Department records of the sponsor's own visa grant and the people the sponsor declared at that time. A sponsor who arrived on a humanitarian visa should check the date of grant and what was declared. Our answer on whether a former refugee can sponsor a partner and our article on undeclared relationships explain the wider issues that arise when a relationship was not declared in an earlier application.

Requirement 8: what is the sponsorship undertaking, and is there an income test?

The sponsor must sign an undertaking to support the applicant, but there is no minimum income test among the partner visa sponsor requirements. These two points are often confused, so each is dealt with in turn.

The undertaking

In the sponsorship, the sponsor undertakes to ensure that adequate accommodation is available and to provide financial assistance as required to meet the applicant's reasonable living needs, for up to two years. The period runs from the applicant's arrival in Australia, or from the visa grant if the applicant applied in Australia. The undertaking is a genuine promise, and it is the only financial element of the partner visa sponsor requirements. It is not a form of words to be signed without thought. Our partner visa FAQs cover the practical questions sponsors ask about it.

No income test

There is no minimum income, savings or employment threshold that a partner visa sponsor must meet. A sponsor who is studying, retired, between jobs or receiving income support can sponsor. Our answer on whether there is a minimum income for a partner visa sponsor, our article on partner visa income requirements and our answer for a sponsor receiving Centrelink explain the position. Our article on partner visas when the sponsor is unemployed deals with the same question from the applicant's side.

Finances still matter in another way, outside the partner visa sponsor requirements. The financial aspects of the relationship are one of the four aspects the Department considers when it assesses whether the relationship is genuine. The question there is how the couple share money, not how much they earn. Our guide to the financial aspects of a partner visa explains the difference. Couples should also make sure that what they have told Centrelink about their relationship matches what they tell the Department.

Requirement 9: are the sponsor's declarations truthful and complete?

Every declaration the sponsor makes must be true and complete, because the sponsorship is assessed on what the sponsor declares and the Department checks those answers against its own records and other agencies. This is the partner visa sponsor requirement that underpins all the others. An inaccurate answer about an earlier sponsorship, a conviction, a charge, a previous relationship or a date can turn a manageable issue into a serious one.

The sponsorship form asks about the sponsor's identity, citizenship or residence, previous relationships and sponsorships, children, convictions and charges. It also asks the sponsor to authorise the Department to obtain information from other government agencies and organisations. To meet the partner visa sponsor requirements, the sponsor's answers must match the applicant's forms, the relationship statement and the Form 888 statements from supporting witnesses. Our guide to conflicting statements in a partner visa and our article on incorrect answers in a partner visa application explain why consistency matters.

A false answer by the applicant can engage public interest criterion 4020. Our article on PIC 4020 and partner visas and our answer on the difference between an honest mistake and PIC 4020 explain the consequences. If a mistake has already been made, our answer on how to correct a mistake in a partner visa application explains the usual approach: correct it promptly, honestly and in writing.

Where partner visa sponsor requirements fail in practice

Partner visa sponsor requirements fail in practice most often for procedural reasons: a sponsorship that was never lodged, a sponsor who did not answer a request, a missing police check, or a limitation issue that nobody addressed before the decision. Published Tribunal decisions show these patterns clearly. In each decision below, the Tribunal set aside the refusal and sent the matter back to the Department. The summaries describe only what the published headnote records. They are not cases of My Migration Lawyers, and none of them predicts the result of another matter.

The sponsorship was never completed or requested material was not supplied

• Manalo (Migration) [2024] AATA 1927. A Subclass 820 matter. The headnote records that the sponsorship form and other requested material were not provided to the Department.
• Sathandla Halli Vijayakumar (Migration) [2022] AATA 91. A Subclass 820 matter. The headnote records insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check.

These are the clearest failures of the partner visa sponsor requirements. The relationship may not have been in doubt at all. The criterion failed because the sponsor's part was not done. Our answer on what happens when a partner visa is refused after a missed request for information and our article on missing documents explain how these gaps arise.

Police checks supplied at review

• Kim (Migration) [2020] AATA 2827. A Subclass 820 matter. The headnote records that a National Police Clearance from the AFP and a records check from the Korean National Police Agency were provided.

Kim shows that the police check part of the partner visa sponsor requirements can usually be completed at review.

Sponsorship limitations and timing

• Promthong (Migration) [2024] AATA 2472. A Subclass 820 matter. The headnote records a sponsorship limitation issue where a prior sponsorship had been approved within five years of the time of the primary decision.
• Dhindsa (Migration) [2019] AATA 5650. A Subclass 309 matter. The headnote records that five years had not elapsed since the review applicant (the sponsor) had been sponsored, and that the sponsor's previous application was withdrawn.
• Rogers (Migration) [2020] AATA 4743. A Subclass 309 matter. The headnote records that five years had not lapsed since the earlier visa application, and that five years elapsed during the review process.
• Ba (Migration) [2021] AATA 1251. A Subclass 820 matter. The headnote records that the five-year limitation had expired.

Rogers and Ba show why the measuring point matters. Regulation 1.20J measures the five years to the decision on the sponsorship, so a limitation that bites at the primary stage may have passed by the time the Tribunal decides. Our answer on how to challenge a refusal for sponsorship limitations explains the approach.

Contributory Parent sponsors

• Ly (Migration) [2022] AATA 409. A Subclass 820 matter. The headnote records the sponsorship requirements, the time limit before sponsorship, a sponsor who held a Contributory Parent visa, and parties who re-married in Australia.

Ly shows that regulation 1.20KA is a live part of the partner visa sponsor requirements, even where the couple have re-married.

Sponsor criminal record and the reasonableness discretion

• 2107808 (Migration) [2024] AATA 4136. A Subclass 309 matter. The headnote records a conviction for a relevant offence and a suspended sentence, that the sponsorship may be approved if reasonable, and remorse and no reoffending.
• Naureen (Migration) [2024] ARTA 468. A Subclass 309 matter. The headnote records that it was reasonable to approve the sponsorship, the sponsor's significant criminal record, and the time elapsed since the last imprisonment.
• Ellis (Migration) [2024] AATA 3411. A Subclass 820 matter. The headnote records a sponsor convicted of a relevant offence, a significant criminal record, and whether it was reasonable to approve.

These decisions show that the reasonableness discretion within the partner visa sponsor requirements in regulation 1.20KC(4) is real. A sponsor with a significant criminal record is not automatically excluded. The matters the decision maker must consider, including time since the sentence ended, the best interests of children and the length of the relationship, can be addressed with evidence. Decisions of the former Administrative Appeals Tribunal remain relevant after the Administrative Review Tribunal (ART) replaced it on 14 October 2024.

What happens when the sponsorship is not approved?

When the sponsorship is not approved, the visa criterion at 820.221(4), 309.222(1) or 300.222(1) is not met and the partner visa is refused. Where the partner visa sponsor requirements are not met, there is no separate sponsorship refusal for the sponsor to appeal on its own. The sponsorship decision is part of the visa decision, and it is reviewed through the visa refusal.

Before the refusal

The applicant will usually receive an invitation to comment before a sponsorship problem leads to refusal. Where the issue is a request for police checks, the sponsor receives the request directly. The response to that letter is the last opportunity to show that the partner visa sponsor requirements are met, and to fix the problem at the primary stage. Our guides on responding to a section 56 request, on section 57 adverse information and our answer on a notice of intention to refuse a partner visa explain how to respond.

Who applies for review?

The person who applies to the ART depends on the subclass refused, and the wrong person applying can make the review application invalid:

• Subclass 820 refusal. The applicant applies for review and must be physically in Australia when the review application is made (s 347(3)).
• Subclass 309 refusal. The applicant is outside Australia, so the sponsor applies for review (s 338(5)).
• Subclass 300 refusal. The sponsor applies for review.

Our answer on who applies for review after an offshore refusal and our article on who can lodge a partner visa appeal explain the rules in more detail.

How long is there to apply?

The application for review must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The time limit cannot be extended. Our article on the partner visa appeal deadline and our answer on the review deadline for a partner visa refusal explain how the days are counted. Our answer on the deadline where the refusal was sent to an agent covers a common trap.

What can be fixed at review?

The ART decides the matter afresh on the evidence before it at the time of its decision. A sponsorship form, police checks, consent to disclosure, a waiver submission under regulation 1.20J(2) or evidence on the reasonableness factors in regulation 1.20KC(4) can all be given to the Tribunal, so most partner visa sponsor requirements can be addressed at review. Our answer on new evidence at Tribunal review, our guide to the partner visa ART review process and our article on preparing for a partner visa ART hearing explain the stages. The firm's partner visa refusals page explains how the firm handles review work, and our answer on getting a lawyer for a sponsorship refusal covers the sponsor-specific issues.

Onshore applicants should also protect their lawful status. Our answer on whether a bridging visa ends after a refusal explains how lodging review in time keeps the bridging visa in effect.

What people get wrong about partner visa sponsor requirements

Several common beliefs about the partner visa sponsor requirements lead couples into avoidable refusals. Each is corrected below.

"If the relationship is genuine, the sponsor does not matter."

This is wrong. The partner visa sponsor requirements are a separate criterion. A genuine relationship cannot cure a sponsorship that was never lodged, a sponsorship limit that applies, or a missing police check. Our article on the genuine and continuing relationship test explains what the relationship criterion does and does not cover.

"The sponsor needs a minimum income."

This is wrong. There is no income test among the partner visa sponsor requirements. The sponsor signs an undertaking of support, but income is not a criterion.

"Any criminal record stops a sponsor."

This is wrong. Regulation 1.20KC requires both a relevant offence and a significant criminal record, and approval is still possible where it is reasonable. The stricter rule in regulation 1.20KB applies only where a child under 18 is included and the offence is a registrable offence.

"A Standard Disclosure police check is enough."

This is wrong where a child is included, and it is one of the partner visa sponsor requirements most often failed on a technicality. The Department asks for a Complete Disclosure Australian National Police Check, and a Standard Disclosure certificate is not acceptable.

"The five years runs from lodgement."

This is wrong for regulation 1.20J(1)(b). The five years is measured from the date of the first visa application to the decision on the current sponsorship. That is why a limitation can expire during processing or during review.

"A sponsor can lodge the sponsorship later in every case."

This is usually right, but not always. An applicant subject to section 48 needs the signed sponsorship for a valid application. In that situation, lodging without it produces an invalid application, not a refusal.

How My Migration Lawyers helps with partner visa sponsor requirements

My Migration Lawyers deals with complex partner visa sponsor requirements, acts in many partner matters where the sponsor's history is the central issue, and is capable of handling sponsorships affected by earlier sponsorships, Contributory Parent visas, criminal records, police check requests and children included in the application. The firm's role is to test each of the partner visa sponsor requirements before it becomes a refusal, and to present the sponsor's own history and evidence in the form the law requires.

On a matter where the partner visa sponsor requirements are in issue, the work usually includes the following steps:

• Sponsor history first. We take the sponsor's full migration history, including earlier sponsorships, the sponsor's own visa grants and the dates of each application and decision, and test it against regulation 1.20J and regulation 1.20KA.
• Character review before lodgement. Where the sponsor has convictions or charges, we obtain court records and police checks first and test each offence against the definitions in regulations 1.20KB, 1.20KC and 1.20KD. We explain to the couple what will be disclosed.
• The right police checks. Where a child is included, we make sure the sponsor obtains a Complete Disclosure check and the right overseas certificates, and that every request is answered on time.
• Waiver and reasonableness submissions. Where a limitation or the criminal record rule applies, we prepare submissions on compelling circumstances or reasonableness, based on the sponsor's own account and documents.
• Accurate, consistent forms. We check the sponsorship against the applicant's forms, the relationship statement and the Form 888 statements so that the dates and facts match.
• Review when needed. If a sponsorship problem has already led to a refusal, we confirm who must apply, calculate the deadline and lodge the review, then present the missing material to the Tribunal.

The firm is led by Weiwei Zhang, Principal Lawyer. You can learn more about My Migration Lawyers and about how the firm handles complex partner visa applications. Our article on the partner visa lawyer for criminal record matters explains the character work in more detail, and our answer on what makes a partner visa complex explains why sponsor issues often move a matter into that category. For more short answers on sponsorship and the visa itself, see the firm's partner visa questions hub.

My Migration Lawyers acts for sponsors and applicants across Australia by video consultation. This includes clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. You can also contact My Migration Lawyers in writing.

Every sponsor's history is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is check each of the partner visa sponsor requirements before lodgement, explain plainly where the risks are, and make sure the Department or the Tribunal sees the complete and accurate picture.

Book a consultation with My Migration Lawyers to have the partner visa sponsor requirements checked against your sponsor's history. You can also call us on 1300 040 300.