Partner Visa Sponsorship Approval: When It Is Decided

Partner visa sponsorship approval is decided when the Department decides the visa, not when the sponsor lodges the sponsorship form. Many sponsors think that once the form is lodged and acknowledged in ImmiAccount, the sponsorship side of the case is finished. It is not. Partner visa sponsorship approval is a time of decision criterion. The law asks whether the sponsorship can be approved on the facts as they stand on the day the case officer makes the decision, which may be one or two years after lodgement.

That timing rule matters more than most couples realise. A sponsor who was eligible on the day of lodgement may not be eligible on the day of decision. A sponsor who was not eligible at lodgement may become eligible before the decision is made. Police certificates expire. Visas get cancelled and restored. Relationships change. Each of these events can change the answer to the partner visa sponsorship approval question.

This guide explains exactly when partner visa sponsorship approval is decided for the Subclass 820 onshore partner visa, the Subclass 309 offshore partner visa and the Subclass 300 Prospective Marriage visa. It explains how the decision is made and who is told, why there is no fresh approval at the permanent stage, what can change between lodgement and decision, and what happens if the sponsorship is refused. If you need the full list of requirements the Department checks, see our separate guide to the partner visa requirements. This article focuses on timing.

When is partner visa sponsorship approval decided?

Partner visa sponsorship approval is decided at the time of decision on the temporary or provisional visa application. The relevant clauses are cl 820.221(4)(a) for Subclass 820, cl 309.222(1) for Subclass 309 and cl 300.222(1) for Subclass 300. Each of these sits in the "time of decision" part of Schedule 2 to the Migration Regulations 1994.

The Department's own policy on sponsorship limitations states the rule plainly: "Although a sponsorship must be held at time of application, it is only at time of decision that the sponsorship must have been approved." That sentence is the core of partner visa sponsorship approval timing.

In practice, this means the case officer does not approve the sponsorship when it is lodged and then forget about it. The officer looks at the sponsorship when deciding the visa. At that point the officer asks whether the sponsor is still an Australian citizen, permanent resident or eligible New Zealand citizen, whether any sponsorship limitation applies, whether the character rules for sponsors are met, and whether the sponsor has given the required consent to disclose relevant convictions. The answers are the answers on the decision date.

Processing times show why this matters. As published by the Department in October 2026, 50% of Subclass 820 applications are decided in 22 months and 90% in 30 months. For Subclass 309 the figures are 21 months and 32 months, and for Subclass 300 they are 14 months and 26 months. The Department says these figures are "a guide only and not specific to your application." A gap of two years or more between lodgement and partner visa sponsorship approval is therefore normal. You can read more in our guide to how long a Subclass 820 partner visa takes onshore and our general partner visa processing time page.

What is the difference between being sponsored and partner visa sponsorship approval?

Being "sponsored" is a time of application requirement, while partner visa sponsorship approval is a time of decision requirement. They are two different legal tests applied at two different moments.

At the time of application, the visa applicant only has to be "sponsored" by their Australian citizen, permanent resident or eligible New Zealand citizen partner. For Subclass 820 this sits in cl 820.211(2)(c), (5)(f) and (6)(c). For Subclass 309 it is cl 309.213, and for Subclass 300 it is cl 300.213. The online "Sponsorship for a Partner to Migrate to Australia" form, often called form 40SP, is how the sponsor puts that sponsorship in place.

The sponsorship form is not a Schedule 1 validity requirement for Subclass 820, Subclass 309 or Subclass 300. A valid visa application can be made before the sponsor lodges. The exception is an onshore applicant affected by section 48 of the Migration Act, who must provide the completed sponsorship form at the same time and place as the application. See our page on the section 48 partner visa rules if that applies to you.

Partner visa sponsorship approval comes later. It is the Department's decision that the sponsor meets every sponsorship requirement on the decision date. A sponsor can be validly "sponsoring" for two years and still fail partner visa sponsorship approval if something has changed. The reverse is also true. A sponsor who would have failed at lodgement may pass at decision.

For a plain explanation of who is eligible to sponsor in the first place, read who can sponsor a partner visa and, for a fiancé application, who can sponsor a Prospective Marriage visa.

Is partner visa sponsorship approval a separate decision from the visa?

No. Partner visa sponsorship approval is part of the section 65 visa decision. It is not a separate decision. The Department's procedural instruction on sponsor assessment says this directly: approval of a partner sponsorship is part of the s 65 visa decision, no separate notification goes to the sponsor, and where the sponsorship is not approved, the visa must be refused.

This has three practical consequences.

• There is no separate approval letter. Sponsors often wait for an email saying "your sponsorship is approved". That email does not come. The visa grant is the evidence that partner visa sponsorship approval was given.
• A sponsorship refusal is a visa refusal. If the case officer cannot approve the sponsorship, the visa application fails on that criterion. The refusal is recorded as a refusal of the visa, with the sponsorship criterion given as a reason.
• Review runs through the visa refusal. Because there is no stand-alone sponsorship decision, there is no stand-alone sponsorship appeal. The remedy is review of the visa refusal at the Administrative Review Tribunal (ART). We explain who applies later in this guide.

For Subclass 820 and Subclass 309 there is a further link. If the temporary visa is refused, the delegate must also refuse the permanent Subclass 801 or Subclass 100 visa as a separate recorded decision. One failed partner visa sponsorship approval therefore ends both stages of the combined application at the primary level. Our guide to the partner visa two-stage process explains how the stages fit together.

Who is told about the partner visa sponsorship approval decision?

The visa applicant is told the decision in writing. The Department's sponsor step-by-step page for Subclass 820 and Subclass 309, under "Sponsor application outcome", says: "We will let the visa applicant know our decision in writing."

The sponsor is not sent a separate outcome. In most cases the sponsor learns of partner visa sponsorship approval when the applicant receives the visa grant notice. Where the couple uses one ImmiAccount, both will see the outcome there. Where the sponsor lodged from their own ImmiAccount, the sponsor may see a status change but should not treat that as a separate approval. If you want to check progress, our guide to checking partner visa status and partner visa application status explains what each status means.

Where the delegate has concerns about the sponsorship before deciding, the usual step is a natural justice invitation under section 57 to the visa applicant. The procedural instruction on sponsor character says that the details of a sponsor's convictions are not put to the applicant in that letter. If a section 57 natural justice letter arrives, it is a sign the partner visa sponsorship approval is in doubt. Read our guide to responding to a section 57 letter on a partner visa and act quickly.

Sponsor police certificate requests under reg 1.20KC are different. These are made to the sponsor directly, not to the applicant, and not through the applicant's agent unless the sponsor appointed that agent. So the sponsor may receive a request even though the sponsor does not receive the final outcome.

Is there a new partner visa sponsorship approval at the Subclass 801 or Subclass 100 stage?

No. There is no new partner visa sponsorship approval for the permanent Subclass 801 or Subclass 100 visa. The Department's policy on sponsorship limitations says the Schedule 2 criteria for these permanent visas "refer back to the sponsor who was approved as part of the process that resulted in the grant of the temporary visa." A sponsor who goes through both stages is counted once for the reg 1.20J limit.

The sponsoring partner for Subclass 801 is the person specified in the Subclass 820 application, under cl 801.111(a). For Subclass 100 it is the person specified in the Subclass 309 application, under cl 100.111(a). It must be the same relationship. At the Subclass 801 stage, the applicant must continue to be sponsored for the grant of the Subclass 820 visa by that sponsor (cl 801.221(2)(b)) and must continue to be the spouse or de facto partner (cl 801.221(2)(c)). At the Subclass 100 stage, cl 100.226 requires the applicant to be nominated by the sponsoring partner, unless an exception such as death of the sponsor, family violence or child custody applies.

So the second stage is not a second partner visa sponsorship approval. It is a fresh check that the same approved sponsorship still supports the relationship. That is why the sponsor still provides a statement about the relationship and why the Department may still look at the sponsor's circumstances. For what the sponsor supplies, see Subclass 801 second stage documents and our longer guide to partner visa second stage documents.

Sponsor police checks at the second stage are not routine. Reg 1.20KC does not apply to Subclass 801 or Subclass 100, and reg 1.20KB does not apply to Subclass 100. Policy asks for sponsor checks at the permanent stage only in limited situations, such as an applicant under 18. For timing questions about the second stage, read when to apply for the Subclass 801, Subclass 820 versus Subclass 801 and when both stages are granted together.

What can change between lodgement and partner visa sponsorship approval?

Almost anything relevant to the sponsor can change between lodgement and partner visa sponsorship approval, and the case officer will decide on the facts as they are on the decision date. The most common changes we see fall into five groups:

• Time passing. The five-year limit in reg 1.20J may expire before the decision, turning an ineligible sponsor into an eligible one.
• The sponsor's own status. A sponsor's permanent visa or resident return visa may be cancelled, or a cancellation may be set aside.
• Character. A sponsor may be charged with or convicted of a relevant offence after lodgement.
• Documents. Sponsor police certificates are valid for 12 months and may expire before the decision.
• The relationship. The couple may separate, the sponsor may withdraw, or the sponsor may die.

The sections below take each group in turn. Each one is a partner visa sponsorship approval issue because each one is assessed at the time of decision, not at lodgement.

How is the five-year rule measured for partner visa sponsorship approval?

The five-year rule is measured to the date the current sponsorship is approved or refused, not to the date the new application is lodged. This is one of the most misunderstood partner visa sponsorship approval points.

Reg 1.20J limits partner sponsors in three ways. A sponsor can have at most two approved partner sponsorships in a lifetime (1.20J(1)(a)). A new sponsorship cannot be approved until at least five years after the first visa application the sponsor sponsored was made (1.20J(1)(b)). And a person who was themselves sponsored as a partner cannot have a partner sponsorship approved until five years after their own visa application was made (1.20J(1)(c)). Our page on partner visa sponsorship limitations sets out each limit in detail.

The Department's policy explains how the five years are counted. The period runs from the date of the earlier visa application to the date the current sponsorship is approved or refused. The policy gives a worked example where the sponsor was at four years and nine months at lodgement and the sponsorship was approved after five years had passed. In other words, a sponsor who is a few months short at lodgement can still obtain partner visa sponsorship approval if the five years are complete by the time of decision.

Only sponsorships that led to a visa grant count. A refused application does not count. A grant counts even if the person never travelled to Australia. If you were sponsored yourself, or have sponsored before, read sponsored before: can I sponsor again? and can a sponsored partner sponsor a new partner? before you lodge.

What do Tribunal cases show about the five-year rule and timing?

Several Tribunal decisions show the time of decision rule working in practice. In each of these reported cases, the matter was remitted to the Department.

• In *Promthong (Migration) [2024] AATA 2472*, a Subclass 820 case, the reported issue was sponsorship limitations where the prior sponsorship was approved within five years of the time of the primary decision.
• In *Rogers (Migration) [2020] AATA 4743*, a Subclass 309 case, five years had not lapsed since the earlier visa application, but five years elapsed during the review process. Genuine and continuing relationship was also in issue.
• In *Dang (Migration) [2024] AATA 137*, a Subclass 820 case, the application was made within five years of the previous sponsorship, but five years had passed by the time of review. The decision was made without a hearing.
• In *Da Silva (Migration) [2021] AATA 4909*, a Subclass 309 case, the application was made less than five years after the previous sponsorship, and the limitation period had passed by the time of review.

The lesson for sponsors is simple. A refusal on the five-year limit is not always the end of the matter. If the five years have passed, or will pass, the timing of partner visa sponsorship approval can work in the couple's favour on review. Read how to challenge a refusal based on sponsorship limitations and our guide on when a sponsor cannot sponsor a partner visa.

Can the five-year limit be waived before partner visa sponsorship approval?

Yes, in some cases. Reg 1.20J(2) allows the limit to be waived where there are "compelling circumstances" affecting the sponsor. Policy examples include a dependent child of the applicant and sponsor, the death of the previous partner, a previous spouse who abandoned the sponsor where children depend on the sponsor, and a longstanding new relationship. The list is not exhaustive. Because the waiver is assessed at the time of decision, new facts that arise after lodgement, such as the birth of a child, can be put to the case officer before partner visa sponsorship approval is decided. See compelling and compassionate circumstances for partner visas and partner visa compelling circumstances examples.

What if the sponsor's own visa is cancelled before partner visa sponsorship approval?

If the sponsor stops being an Australian citizen, permanent resident or eligible New Zealand citizen before the decision, the sponsor no longer meets the basic sponsor requirement on the decision date. A permanent resident sponsor whose visa is cancelled is the most common example. Partner visa sponsorship approval then becomes very difficult unless the cancellation is overturned.

The Tribunal cases show that a restored sponsor status can matter:

• In *Vispo (Migration) [2023] AATA 694*, a Subclass 820 case, the sponsor's permanent visa had been cancelled. The Tribunal, differently constituted, set aside the cancellation of the sponsor's visa, and the partner visa matter was remitted.
• In *Lei (Migration) [2024] AATA 1166*, a Subclass 820 case, the sponsor's resident return visa was cancelled after a criminal conviction. That cancellation was set aside on review. The Tribunal also considered the genuine relationship, which involved one child and a second pregnancy.
• In *Faba-an (Migration) [2020] AATA 4250*, a Subclass 820 case, the applicant was the spouse of an Australian permanent resident whose visa was cancelled but restored.

These cases show why the sponsor's own immigration position must be managed alongside the partner visa. If a sponsor receives a notice of intention to cancel, or a cancellation decision, the couple needs advice on both matters at once. The sponsor's review deadline in the cancellation matter may be the most important date in the partner visa case. Our visa cancellations team acts on these matters, and our guides on partner visa cancellation review and partner visas after a visa cancellation give more detail. Where time is short, contact our urgent visa help team.

For New Zealand citizen sponsors, the question is whether the sponsor is an eligible New Zealand citizen, meaning a protected Special Category Visa holder. See can a New Zealand citizen sponsor a partner visa? and, for New Zealanders who do not qualify, the Subclass 461 visa.

Do new convictions or charges affect partner visa sponsorship approval?

Yes. Because the sponsor character rules are assessed at the time of decision, a conviction or charge that arises after lodgement can affect partner visa sponsorship approval.

Under reg 1.20KC, which applies to Subclass 300, Subclass 309 and Subclass 820 applications made on or after 18 November 2016, the Minister must refuse to approve a sponsorship if the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless the Minister considers it reasonable to approve. Relevant offences include violence, harassment or stalking, breach of an apprehended violence order, firearms offences, people smuggling, human trafficking and forced marriage. A significant criminal record includes a sentence of imprisonment of 12 months or more, including a suspended sentence of that length.

Some important timing points follow from the time of decision rule:

• Unresolved charges. An unresolved charge cannot be the basis of a refusal under reg 1.20KC, but the delegate may defer the decision briefly. Where a child applicant is involved, a pending charge for assault, violence or drug trafficking leads to deferral of the visa decision.
• Further police checks. The Department can make a second request for sponsor police checks only where it has sufficient reason to believe that, since the first check, the sponsor has or may have been convicted of, or charged with, a relevant offence.
• Child applicants. Under reg 1.20KB, a sponsor with a conviction for a registrable child sex offence cannot have the sponsorship of any applicant approved, unless all applicants are 18 or over at the time of decision or the conviction is quashed. An unresolved charge of that kind also bars approval. Here too the decision date is what counts.
• No conviction recorded. An offence where the court did not record a conviction cannot be relied on to refuse under reg 1.20KC.

If a sponsor is charged after lodgement, do not wait for the Department to find out. Get advice on disclosure and on how the charge may affect partner visa sponsorship approval. Read sponsor with a criminal record, lawyer help for a sponsor with a criminal record, pending criminal charges and partner visas, disclosing charges where no conviction was recorded and our guide to a partner visa domestic violence charge.

Do expired police certificates affect partner visa sponsorship approval?

Yes, they can. Sponsor police certificates must be valid at the time of decision, so a certificate that expires while the application is waiting can delay partner visa sponsorship approval.

The Department's public page tells sponsors to provide a complete disclosure National Police Certificate issued by the Australian Federal Police, and overseas police certificates from every country where the sponsor spent a total of 12 months or more in the last 10 years since turning 16. The Department does not accept standard disclosure certificates or certificates issued by state or territory police. Certificates are valid for 12 months. If they expire before the decision, the Department says it will let you know if you need to provide them again. Policy guidance says delegates need not request checks from female sponsors where there are no character concerns, but the public page asks every sponsor for them, and preparing the checks is still the prudent course.

There is a policy exception. Expired checks may be relied on if the delay was outside the couple's control and the expired checks show no relevant offence. That exception is discretionary, so sponsors should not rely on it.

The Department can refuse to approve the sponsorship if requested checks are not provided within a reasonable time. Policy treats 28 days from the request as a reasonable time to provide the checks, or at least evidence that they have been applied for, and extensions should be given flexibly where the sponsor shows they have applied. Keep proof of every application. Read our guides to the partner visa AFP police check, partner visa overseas police certificates, expired police checks and when to update, police certificate and health check validity and what to do if you cannot get a police certificate.

Does consent to disclose need to be given again?

Usually not. The sponsor must consent to the Department disclosing convictions for relevant offences to the visa applicant. This consent is a time of decision criterion under cl 300.222(2), cl 309.222(2) and cl 820.221(4). Consent given on the sponsorship form does not need to be obtained again. If the sponsor refuses consent, the criterion cannot be met and the visa is refused, after a section 57 letter. If the sponsor is silent, the Department asks again by letter. A sponsor who wants to withdraw consent should get advice first, because doing so will defeat partner visa sponsorship approval.

What happens to partner visa sponsorship approval if the relationship changes?

If the relationship ends or the sponsor withdraws before the decision, partner visa sponsorship approval will usually not be given on the ordinary pathway, because the sponsorship and the relationship are both assessed at the time of decision.

The Department asks couples to tell it when things change. If the relationship ends, the Department asks for contact "as soon as possible using the Partner Processing Enquiry Form", and it "will not correspond with you about your ex-partner's visa application." Applicants also have a duty under section 104 to notify changes such as the relationship ending. See how to notify Home Affairs that a relationship has ended and separated during processing.

A sponsor can withdraw. The Department says a sponsor can withdraw the sponsorship any time before it decides the permanent Partner visa, and that removing an online application from ImmiAccount does not withdraw it: the sponsor must tell the Department in writing. Policy treats a withdrawal as evidence about the relationship. Read can a sponsor withdraw sponsorship? and sponsor withdraws and then reconciles.

The law provides limited exceptions where the relationship has ended. These include family violence by the sponsor, the death of the sponsor, and a child of the relationship where custody or access arrangements apply. The relationship must have been genuine until it ended. There is no need to show it ended because of the violence. The purpose of the family violence provisions is "to avoid a situation where a visa applicant feels compelled to remain in a violent relationship for fear of losing their eligibility for permanent residence." See our partner visa family violence page, partner visa after the death of a partner, when a sponsor dies, family violence after separation and partner visa relationship breakdown.

If a couple separates and later wants a new sponsor, the sponsorship cannot simply be swapped. Read can you change sponsors on a partner visa? before taking any step.

What happens if partner visa sponsorship approval is refused?

If partner visa sponsorship approval is refused, the visa must be refused. There is no separate sponsorship refusal letter. The refusal decision on the visa will identify the sponsorship criterion as a reason.

Before refusing, the delegate will usually send the applicant a section 57 invitation to comment on adverse information. That is the last practical chance to fix a partner visa sponsorship approval problem at the Department level. For example, a sponsor whose five years will expire within weeks, or whose cancellation review is pending, should make sure the case officer knows this before the decision.

For a combined Subclass 820 and Subclass 801 application, a refusal of the Subclass 820 also leads to a recorded refusal of the Subclass 801. The same applies to Subclass 309 and Subclass 100. A refusal can also affect the applicant's bridging visa and future visa options. Read partner sponsorship refused: what now?, why partner visas are refused, partner visa refused: what to do now and our partner visa refusals page. Our general visa refusals page covers other visa types.

Who can seek review when partner visa sponsorship approval is refused?

Who can seek review depends on the visa subclass. Because partner visa sponsorship approval is part of the visa decision, review is of the visa refusal, at the Administrative Review Tribunal.

• Subclass 820 and Subclass 801 refused onshore. The decision is reviewable under section 338(2). Only the visa applicant can apply, and the applicant must be physically in Australia. The sponsor cannot lodge review of an onshore refusal.
• Subclass 309 refused. The visa applicant applies for review in their own name, from anywhere. This follows section 338(9) and regs 4.02(4)(saa) and 4.02(5)(raa), inserted by the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023. Older Department instructions that say the sponsor applies are out of date on this point.
• Subclass 300 refused. The review application must be made by the sponsor of the applicant, under reg 4.02(5)(r)(i).
• Subclass 100 refused while the applicant is offshore. There is no review right.

The time limit is strict. The application for review must be made within 28 days after notification of the decision, or 7 days if the applicant is in immigration detention. The timeframe cannot be extended. Read who can lodge a partner visa appeal, who applies for review of an offshore refusal, the review deadline for a partner visa refusal and the partner visa appeal deadline.

On review, the time of decision rule can help. The Tribunal cases discussed above show matters being remitted after the five-year period had passed or after a sponsor's cancelled visa was restored. Our guides to the partner visa ART review process, ART evidence for partner visas and what happens after a Tribunal remittal explain the next steps. Where the Tribunal itself makes a legal error, judicial review may be available.

How can sponsors protect partner visa sponsorship approval while they wait?

Sponsors protect partner visa sponsorship approval by treating the period between lodgement and decision as active, not passive. A practical approach:

• Confirm the sponsorship is linked. Check that the sponsorship was lodged against the applicant's TRN or application ID and that the sponsor's identity and status documents are uploaded. See sponsor documents for a partner visa and proving the sponsor is an Australian citizen.
• Diarise expiry dates. Note when each police certificate will expire, and be ready to renew quickly when asked.
• Diarise the five-year date. If reg 1.20J applies, record the exact date the five years end and keep the case officer informed.
• Protect the sponsor's own status. A permanent resident sponsor facing cancellation, or travelling on a resident return visa, needs advice before the problem reaches the partner visa.
• Report changes properly. New charges, new children, address changes and relationship changes should be handled with advice and recorded in writing. Read uploading new evidence after lodging and partner visa evidence after lodgement.
• Answer requests on time. A section 56 request or police check request has a deadline. Our guide to the partner visa s56 request explains how to respond.
• Know what a decision-ready file looks like. See what makes a partner visa decision ready.

These steps do not guarantee a grant. They reduce the risk that a preventable problem defeats partner visa sponsorship approval on the decision date.

How My Migration Lawyers helps with partner visa sponsorship approval

My Migration Lawyers advises sponsors and applicants on partner visa sponsorship approval at every point between lodgement and decision. We act in many matters where the sponsorship is the weak point, and we deal with complex cases where timing, status and character issues overlap.

On a partner visa sponsorship approval matter, our work typically includes:

• Timing analysis. We work out whether the reg 1.20J five-year limit, the two-sponsorship limit or the Contributory Parent visa limit applies, and on what date it ends. Where it ends before a likely decision date, we advise on how to keep the case officer informed.
• Waiver submissions. Where a waiver of the sponsorship limit is needed, we present the couple's own circumstances and evidence in the form reg 1.20J(2) requires.
• Sponsor character. We review the sponsor's history against regs 1.20KB and 1.20KC, advise on disclosure, and prepare submissions on why it is reasonable to approve where a relevant conviction exists.
• Police certificates and consent. We check that the right AFP certificate and overseas certificates are obtained, track expiry, and handle requests made to the sponsor directly when the sponsor appoints us.
• Status problems. Where a sponsor's own visa is under threat, our visa cancellations work and the partner visa are run together, so one matter does not undermine the other.
• Section 57 responses and review. Where partner visa sponsorship approval is in doubt, we respond to natural justice letters, and if the visa is refused, we act on Tribunal review within the 28-day deadline.

The lawyer decides the strategy. The relationship statement and the facts remain the couple's own evidence, reviewed and corrected by them. Our partner visa lawyers work by video Australia-wide and with sponsors overseas, from our office at Level 1, 60 Martin Place, Sydney NSW 2000. We act for clients in Sydney, Melbourne, Brisbane, Perth and Adelaide, and across regional Australia. You can read about our Principal Lawyer, Weiwei Zhang, and how we approach complex partner visa cases.

If you are a sponsor and something has changed since lodgement, or you are not sure your sponsorship will be approved on the decision date, get advice before the Department decides. Book a consultation with My Migration Lawyers to review your partner visa sponsorship approval position. You can also call us on 1300 040 300.