Partner Visa Sponsor Who Is a Permanent Resident

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 13, 2026
34 min read
Reading Time
34 min read
Table Of Contents

Key Takeaways

  • Yes, a permanent resident partner visa sponsor is allowed under the Migration Regulations, but the sponsor must meet the regulation 1.03 meaning of "Australian permanent resident", which includes being usually resident in Australia.
  • A permanent visa does not always carry a right to return. Once the travel facility on the visa expires, a permanent resident who is overseas generally needs a Resident Return visa (Subclass 155 or Subclass 157) to come back as a permanent resident.
  • A permanent resident who was granted residence through a partner visa cannot sponsor a new partner until five years after their own partner visa application was made, unless the regulation 1.20J(2) waiver applies. Citizenship does not reset that period.
  • A partner who existed but was not declared in the sponsor's own skilled, employer, family or humanitarian visa application is one of the most serious risks for a permanent resident sponsor, because the records will be compared.
  • The sponsorship must be approved and still in force when the partner visa is decided. If the sponsor's own permanent visa or Resident Return visa is cancelled and the cancellation stands, the sponsorship cannot support the partner visa.
  • My Migration Lawyers checks the sponsor's own visa history, travel facility, previous sponsorships and earlier declarations before anything is lodged, so problems are identified while there is still time to deal with them.

A permanent resident partner visa sponsor can sponsor a spouse or de facto partner for an Australian partner visa in the same way as an Australian citizen. The law treats the two groups the same at the gateway. But a permanent resident partner visa sponsor carries risks that a citizen sponsor does not. Those risks come from the sponsor's own visa: how it was obtained, what was declared to get it, whether it can still be used to return to Australia, and whether it could be cancelled.

This guide is written for permanent residents who want to sponsor a partner, and for partners whose sponsor is a permanent resident. It does not repeat the general partner visa process, which is covered in our complete guide to partner visas in Australia. It focuses on what a permanent resident partner visa sponsor should check first, before the visa application charge is paid and before any form is signed.

The short version is this. Being a permanent resident is enough to sponsor. Being a permanent resident with an expired travel facility, an undeclared former relationship, a previous partner sponsorship of your own or a pending cancellation notice can change the answer completely. My Migration Lawyers sees each of these problems regularly. Our partner visa lawyers check the sponsor's own history as the first step in every matter.

Can a permanent resident sponsor a partner visa?

Yes, an Australian permanent resident can sponsor a spouse or de facto partner for a Subclass 820 and Subclass 801 partner visa, a Subclass 309 and Subclass 100 partner visa, or a Subclass 300 prospective marriage visa. The sponsor must be at least 18, must be the applicant's spouse or de facto partner (or intended spouse for the Subclass 300), and must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

The relevant criteria are in Schedule 2 of the Migration Regulations 1994. For the onshore visa, the sponsor rule is in paragraphs 820.211(2)(c), 820.211(5)(f) and 820.211(6)(c). For the offshore visa, it is clause 309.213. The firm's question page on who can sponsor a partner visa sets out the gateway in short form, and our guide Am I eligible for a partner visa? explains how the applicant's side of the test works.

A permanent resident partner visa sponsor does not need to meet an income test, and neither does a citizen. There is no minimum income for partner sponsors, as explained on our page about sponsor minimum income for a partner visa. A permanent resident sponsor also does not need to have lived in Australia for any minimum period after the grant of their permanent visa, although where the sponsor actually lives matters for the reasons explained below.

Who is not a permanent resident sponsor

Three groups are often confused with permanent residents. A person who holds a temporary visa cannot sponsor, even if a permanent visa application is pending. Our page on whether a temporary visa holder can sponsor a partner explains this. A Subclass 820 holder is not yet a permanent resident, because the Subclass 820 is temporary and the Subclass 801 is the permanent stage. Our article on temporary and permanent partner visas explains the difference. Finally, a New Zealand citizen in Australia on a Special Category visa is not a permanent resident. Whether that person can sponsor depends on the separate eligible New Zealand citizen test, covered on our page about New Zealand citizen sponsors.

What "Australian permanent resident" means for a permanent resident partner visa sponsor

For a permanent resident partner visa sponsor, "Australian permanent resident" has a defined meaning in regulation 1.03 of the Migration Regulations: a non-citizen usually resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by law. Holding a permanent visa is part of that test. Being usually resident in Australia is the other part.

This is the point most general guides leave out. They describe a permanent resident sponsor as "anyone with a permanent visa". That is not quite the legal test. A permanent visa holder who has moved overseas, with no home in Australia and no intention of returning, may hold a permanent visa but may not be "usually resident" in Australia.

How the Department decides where a sponsor is usually resident

The Department's sponsorship guidance says the place a person is usually resident is decided by looking at their physical residence (where they ordinarily eat, sleep and have a home) and their intention to make that place their home. The same guidance says a temporary absence from Australia does not necessarily stop a person being usually resident.

In practice, a permanent resident partner visa sponsor who lives and works in Australia meets this part of the definition without difficulty. A sponsor who is overseas for a holiday, a work posting with a home kept in Australia, or to spend time with the partner before the application, will usually still be usually resident in Australia. The harder cases are permanent resident partner visa sponsors who have lived overseas for years, sold their Australian home, and now plan to return only because the partner visa requires it.

Evidence a sponsor may be asked for

The sponsorship guidance says a sponsor may be asked for evidence of being settled and usually resident in Australia. That may include the length of residence and time spent in Australia, proof of a settled home, ownership of a home, business or investments, and a social network in Australia. A permanent resident partner visa sponsor who has spent long periods offshore should expect these questions and should gather the evidence early. Our guide to sponsor documents for a partner visa lists the identity and status documents a sponsor normally provides.

The Department will also check the sponsor's own visa and movement records. For a permanent resident partner visa sponsor, the evidence of status is usually the visa grant notice and passport, or a visa entitlement record, rather than a citizenship certificate. Our article on Form 40SP for a partner visa explains the sponsorship form itself.

Permanent residents living overseas: the travel facility and Resident Return visas

A permanent resident partner visa sponsor who lives overseas faces a second problem that has nothing to do with the relationship: the travel facility on their permanent visa may have expired. For a permanent resident partner visa sponsorship, this is often the first practical check. A permanent visa generally lets the holder travel to and from Australia for five years from grant. After the travel facility expires, a permanent resident who leaves Australia, or who is overseas when it expires, generally needs a Resident Return visa (Subclass 155 or Subclass 157) to re-enter Australia as a permanent resident.

Holding a permanent visa is not the same as being able to return

This is one of the most common misunderstandings we see. A permanent visa does not expire in the sense that the holder stops being a permanent resident on a fixed date. The visa continues while the holder is in Australia. What expires is the right to travel to Australia on it. So a permanent resident partner visa sponsor who left Australia many years ago may still hold a permanent visa on paper, but may not be able to board a flight home as a permanent resident.

That has two consequences for a permanent resident partner visa sponsorship. First, if the couple's plan is to live in Australia together, the sponsor must actually be able to get back. Second, a long absence, together with an expired travel facility, may be relevant to whether the sponsor is still usually resident in Australia.

What a Resident Return visa involves, in general terms

The Resident Return visa exists so that permanent residents and former permanent residents can return to Australia as permanent residents. In general terms, the Subclass 155 is for people with enough time in Australia or substantial ties to Australia, and the Subclass 157 is a shorter visa for people who have been away for longer and have compelling reasons for their absence. The eligibility details should be checked against the Department's current requirements for the particular sponsor before any decision is made. A Resident Return visa is its own application with its own criteria. It can be refused, and, as one of the Tribunal decisions discussed below shows, it can be cancelled.

Planning a permanent resident partner visa sponsorship around the sponsor's return

A permanent resident partner visa sponsor who lives overseas usually has two realistic options. The first is to sort out the sponsor's own return first, by obtaining a Resident Return visa if one is needed and re-establishing residence in Australia, and then lodge the partner visa. The second is to lodge a Subclass 309 partner visa offshore while the sponsor arranges to return. The second option is only sensible where the sponsor can show that they remain, or will clearly become again, usually resident in Australia.

The onshore Subclass 820 partner visa is generally made in Australia by an applicant who is in Australia, so it is relevant only where the applicant is already here. Our comparison of onshore and offshore partner visas explains how to choose between the two streams, and our page on a sponsor who is overseas during Subclass 820 processing deals with sponsors who travel after an onshore lodgement.

Citizen sponsors living overseas face different questions, because citizenship carries no travel facility and no "usually resident" element. Our page on an Australian living overseas who wants to sponsor a partner covers that situation. For a permanent resident partner visa sponsor, the travel facility should be checked on the Department's records before anything else is planned. The general rules on partner visa overseas travel and on an extended overseas absence are also relevant once the application is lodged.

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Was the permanent resident partner visa sponsor once sponsored as a partner?

If the permanent resident partner visa sponsor obtained their own residence through a partner visa, regulation 1.20J(1)(c) generally prevents them sponsoring a new partner until five years after their own partner visa application was made. This is the single most common legal barrier for permanent resident sponsors. Many people who became permanent residents through a Subclass 820 and Subclass 801, or a Subclass 309 and Subclass 100, are not aware of it until the new sponsorship is refused.

How the five-year period works

The five years run from the date of the sponsor's own earlier visa application. The Department's policy measures the period up to the decision on the current sponsorship, not up to the lodgement of the new application. This matters in practice. In Rogers (Migration) [2020] AATA 4743, the five years had not passed since the earlier visa application when the sponsorship was decided, but they passed during the review process, and the Tribunal remitted the matter. That headnote shows the period is assessed at the time of the decision, including a Tribunal decision.

In Dhindsa (Migration) [2019] AATA 5650, a Subclass 309 matter, five years had not elapsed since the sponsor had been sponsored, and the sponsor's previous application had been withdrawn. The Tribunal remitted the matter. The headnote does not say more than that, and the facts of each case matter, but it shows that the history of the sponsor's own earlier application is examined closely in these cases.

Our detailed article on when a sponsor cannot sponsor a partner visa in Australia explains all three limits in regulation 1.20J, including the lifetime limit of two approved sponsorships and the five-year gap between sponsorships. The firm's partner visa sponsorship limitations service page explains how we act in these matters.

Citizenship does not reset the clock

A common belief is that becoming a citizen resets the period. It does not. The limit is about the person's own past sponsorship, not about their current status. A permanent resident partner visa sponsor who becomes a citizen before lodging is still subject to the same five years. The firm's page on whether a sponsored partner can sponsor a new partner explains this with examples, and our page on a sponsor who was sponsored before explains how the firm assists.

The waiver for compelling circumstances

The limit can be waived under regulation 1.20J(2) if there are compelling circumstances affecting the sponsor. The Department must consider the waiver in every case. Policy examples include a dependent child of the applicant and the sponsor, the death of a previous partner, abandonment by a previous spouse leaving dependent children, and a longstanding new relationship. Published Tribunal decisions such as Luangkratok (Migration) [2022] AATA 89 and ZHANG (Migration) [2024] ARTA 113 record remittals on compelling circumstances. SEOL (Migration) [2023] AATA 4410 is a reminder that previous failed relationships are not, on their own, compelling circumstances. Our guide to partner visa compelling and compassionate circumstances explains how such claims are presented, and our page on challenging a refusal based on sponsorship limitations covers the review path.

For a permanent resident partner visa sponsor, the practical point is simple. Find the date your own partner visa application was lodged before you do anything else. Your ImmiAccount or your original acknowledgement letter will show it.

Permanent residents who did not declare their partner in their own visa application

A permanent resident partner visa sponsor whose current partner existed, but was not declared, when the sponsor applied for their own skilled, employer, family or other permanent visa faces a serious integrity risk, because the Department will compare the new partner visa with the sponsor's earlier declarations. This is the risk that couples most often underestimate.

Why the earlier application matters

Most permanent visa applications ask the applicant to declare their relationship status and every member of their family unit, whether or not those people are migrating. A skilled or employer visa applicant who was married or in a de facto relationship at the time had to declare that partner. Many did. Some did not, often because they misunderstood the question, because the relationship was not yet "official" in their culture, or because they were advised to leave the partner out to keep the application simple.

When that person later becomes a permanent resident partner visa sponsor, the new partner visa will state when the relationship began. If the relationship start date is earlier than the sponsor's own permanent visa application, and the partner was not declared, the Department will see the inconsistency. Our article on a partner visa undeclared relationship deals with this problem directly, and our guide to Form 80 personal particulars explains why consistent answers across forms matter.

What the exposure can be, in general terms

The consequences depend on the facts, and this area needs individual advice. In general terms, there are three kinds of exposure.

First, credibility. In a permanent resident partner visa sponsorship, inconsistent dates can lead the Department to doubt the relationship history, which affects the assessment of a genuine and continuing relationship. Our guide to the genuine and continuing relationship test explains how that test is applied.

Second, the applicant's own public interest criteria. Public interest criterion 4020 deals with false or misleading information and bogus documents given in relation to the application. Whether information from the sponsor's earlier application can engage PIC 4020 in the partner visa depends on the precise facts and needs careful legal analysis. Our articles on partner visa PIC 4020 risks and on PIC 4020 in a partner visa explain the criterion, and our page on an honest mistake compared with PIC 4020 explains why honest errors are treated differently.

Third, the sponsor's own visa. Section 109 of the Migration Act allows a visa to be cancelled where incorrect information was given in the application for it. A permanent resident partner visa sponsor whose own visa was obtained with incorrect information about their family unit may face that risk, depending on the facts. The firm's visa cancellations page explains how section 109 notices work.

What not to do

The wrong response is to change the relationship history in the new application so that it fits the old one. That turns a historical inconsistency into a new false statement, and it is the kind of conduct PIC 4020 is aimed at. The right response is to obtain advice, review the sponsor's earlier application and the couple's real history, and present the couple's own account honestly, with an explanation of how the earlier omission occurred. Our article on partner visa incorrect answers found by the Department and our guide to Form 1023 for correcting answers explain how corrections are made.

A permanent resident partner visa sponsor in this situation should not lodge first and hope the question is not asked. The Department has the earlier file.

Contributory Parent visa holders as sponsors

A permanent resident partner visa sponsor who holds a Contributory Parent visa (Subclass 143 or Subclass 864) granted on or after 1 July 2009 cannot sponsor a partner they were with at the time of grant until five years after that grant, under regulation 1.20KA. The rule targets a specific pattern. One parent applies for the Contributory Parent visa alone, or withdraws from a combined application, and the other parent is later sponsored as a partner.

The limit can be lifted under regulation 1.20KA(3) where there are compelling reasons, other than financial reasons, for the couple not applying together or for one of them withdrawing. A serious illness in the family is the kind of reason the policy has in mind. Saving on visa charges is not. A permanent resident partner visa sponsor relying on this waiver should gather evidence of the reason from the time of the parent visa application.

The Tribunal remitted Ly (Migration) [2022] AATA 409, a Subclass 820 matter in which the sponsor was a Contributory Parent visa holder and the time limit before sponsorship was in issue. The headnote records that the parties had re-married in Australia. The case is a reminder that a permanent resident partner visa sponsor who arrived as a parent must check the grant date and the history of the parent visa application before lodging. Our sponsorship limitations article explains regulation 1.20KA alongside the other limits.

Can a permanent resident partner visa sponsor lose the right to sponsor through cancellation?

Yes. The sponsorship must be approved and remain in force when the partner visa is decided (subclause 820.221(4) and subclause 309.222(1)), so if the permanent resident partner visa sponsor's own permanent visa or Resident Return visa is cancelled, and the cancellation stands, the sponsor is no longer a permanent resident and the sponsorship cannot support the grant. This is the risk that separates a permanent resident sponsor most clearly from a citizen sponsor.

How a sponsor's permanent visa can be cancelled

A permanent visa can be cancelled on character grounds under section 501 of the Migration Act, for incorrect information under section 109, and on other grounds under section 116 and related provisions. Character cancellation is the most common risk for a permanent resident partner visa sponsor with a criminal record. The firm's visa cancellations page explains notices of intention to consider cancellation and review deadlines, and our article on partner visa section 501 character concerns explains the character test in the partner visa context.

What the Tribunal decisions show

Two published decisions show how this risk plays out. In Vispo (Migration) [2023] AATA 694, a Subclass 820 matter, 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 then remitted. In Lei (Migration) [2024] AATA 1166, also a Subclass 820 matter, the sponsor's Resident Return visa had been cancelled after a criminal conviction. That cancellation was set aside on review, and the partner visa matter was remitted, with the headnote also recording a genuine and continuing relationship.

Both cases make the same practical point. When a permanent resident partner visa sponsor faces cancellation, the partner visa and the sponsor's own visa are linked. The sponsor's cancellation matter usually has to be dealt with first, or at the same time, because the partner visa cannot be granted on a sponsorship that no longer has an eligible sponsor behind it. Both matters need to be managed together. Our articles on a partner visa cancellation notice and on partner visa cancellation review explain deadlines and options.

Character issues that do not lead to cancellation

A criminal record does not always threaten the sponsor's own visa, but it can still affect the sponsorship. Regulation 1.20KC allows a sponsorship to be refused where the sponsor has been convicted of a relevant offence and has a significant criminal record, and regulation 1.20KB applies where an applicant under 18 is included. These rules apply to every permanent resident partner visa sponsor and to citizens alike, so they are covered only briefly here. Our pages on a sponsor with a criminal record and on partner visa character requirements explain them in more detail.

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Former refugee and humanitarian permanent residents as sponsors

A former refugee or humanitarian visa holder who now holds permanent residence can be a permanent resident partner visa sponsor on the same basis as any other permanent resident, but their earlier protection or humanitarian file will be compared closely with the partner visa. The firm's page on whether a former refugee can sponsor a partner visa explains the position in short form. This section adds the points that most often cause difficulty.

Was the relationship declared before the humanitarian visa was granted?

Where the relationship existed before the sponsor's permanent humanitarian visa was granted, whether it was declared to the Department at that time matters a great deal. Two concessions depend on it. Under regulation 2.03A(4)(a), the 12-month de facto relationship requirement does not apply where the sponsor holds or held a permanent humanitarian visa and told the Department about the relationship before that visa was granted. Under subclause 100.221(6), a Subclass 100 visa can be granted without the usual waiting period to the partner of a permanent humanitarian visa holder where the relationship existed and was declared before the humanitarian grant.

A relationship that existed but was not declared raises the same integrity issues described above for skilled and employer visa holders, with added weight, because protection claims often depend on the person's family situation. Our article on the 12-month de facto rule explains the general rule and its exceptions.

Consistency with the protection claim

The Department compares what the sponsor said in the humanitarian or protection application with what the couple now says. Differences in marital status, the names of family members, dates of marriage or dates of separation can raise doubts. Where the sponsor's protection claim described the partner, or described being single, the partner visa evidence must be consistent with that account, or the difference must be explained honestly. A former Subclass 866 protection visa holder should assume the Department will read the protection file alongside the partner visa.

Police certificates from the country the sponsor fled

A sponsor who holds or held a humanitarian or protection visa is not automatically exempt from providing police certificates from former countries of residence where police checks are required of the sponsor, for example where an applicant under 18 is included. Department policy says a certificate may be requested from the country from which the person originally claimed asylum. The policy also recognises an exception where obtaining a certificate would endanger family members still living in that country. In that case, a waiver of the requirement may be sought, and the sponsor should show that they have taken all practical steps to obtain the certificate. Our page on what to do if you cannot get a police certificate and our guide to partner visa overseas police certificates explain the process.

Temporary protection holders are not yet permanent residents

A person who holds a temporary protection visa or a Safe Haven Enterprise visa cannot sponsor, because they are not a permanent resident. Once they are granted a permanent visa, they can become a permanent resident partner visa sponsor, subject to the same rules. Our page on a partner visa for TPV and SHEV holders explains the position for this group.

Should a permanent resident sponsor now or wait for citizenship?

In most cases, a permanent resident partner visa sponsor does not need to wait for citizenship, because permanent residence is already enough to sponsor. Waiting for citizenship usually only delays the partner visa. But there are situations where the timing of citizenship is worth considering.

When waiting usually does not help

Citizenship does not reset the five-year limit in regulation 1.20J(1)(c). It does not remove the regulation 1.20KA limit for Contributory Parent visa holders. It does not change the relationship evidence the couple needs. A couple who delay lodging only because the sponsor expects citizenship soon may simply lose time.

When citizenship timing may matter

Citizenship may matter where the sponsor's ability to return to Australia depends on a Resident Return visa, because an Australian citizen does not need one. It may also matter to a permanent resident partner visa sponsor who faces an identified cancellation risk, because visa cancellation powers apply to visa holders and an Australian citizen does not hold a visa. In both situations, the right timing depends on how close the sponsor is to meeting the citizenship requirements and on how long the partner can wait. That is a matter for individual advice. Our guide to the partner visa citizenship pathway and our page on citizenship after a partner visa explain citizenship for the applicant, which is a separate question.

A citizenship application is not a sponsorship status

A permanent resident partner visa sponsor who has applied for citizenship remains a permanent resident until they are actually conferred citizenship. The sponsorship is assessed on the sponsor's status at the relevant time. If the sponsor becomes a citizen during processing, the Department should be told, and our article on partner visa change of circumstances explains how changes are notified.

What people commonly get wrong about permanent resident sponsors

The most common mistake is treating "I have a permanent visa" as the end of the sponsor question. For a permanent resident partner visa sponsor, it is only the start. The errors below appear again and again in matters that come to the firm after a problem has already arisen.

Assuming the permanent visa is a permanent right to return

Many online explanations describe permanent residence as "indefinite". The visa may be, but the travel facility is not. A permanent resident partner visa sponsor who is overseas with an expired travel facility generally cannot return as a permanent resident without a Resident Return visa.

Counting the five years from the wrong date

People count from the grant of their own partner visa, or from the grant of their Subclass 801, or from the date they became a citizen. Regulation 1.20J(1)(c) runs from the date of their own partner visa application. Our partner visa sponsorship limitations page explains why the date matters.

Forgetting the sponsor's own earlier declarations

Couples focus on the new application and forget that the sponsor made declarations years earlier. The Department has those declarations. A permanent resident partner visa sponsor must make sure the new application is consistent with them, or that any inconsistency is explained honestly.

Ignoring a cancellation notice because the partner visa is separate

A sponsor who receives a notice of intention to consider cancellation sometimes assumes it does not affect the partner visa. It does. The sponsor's own status and the partner visa are linked, and both must be managed together. Our page on whether a permanent partner visa can be cancelled also explains that cancellation powers continue after grant.

Lodging before checking anything

Lodging first and checking later wastes the visa application charge where a limit applies. Our page on having a lawyer check a partner visa before lodging explains why a pre-lodgement review is worthwhile, and our article on partner visa application mistakes lists common errors.

A permanent resident partner visa sponsor checklist: what to check first

A permanent resident partner visa sponsor should check seven things before the partner visa is lodged. Each one can be answered from the sponsor's own records or the Department's records.

  • Status. Confirm that you hold a permanent visa now, and that it is not a temporary visa or a bridging visa. Check the visa grant notice and your visa entitlement record.
  • Residence. Confirm that you are usually resident in Australia, or that any absence is temporary and you have kept your home and ties here. Gather evidence of residence if you have spent long periods overseas.
  • Travel facility. If you are overseas or plan to travel, check when the travel facility on your permanent visa expires, and whether you need a Resident Return visa to return.
  • How you became a permanent resident. If you became a permanent resident through a partner or prospective marriage visa, find the date your own application was lodged and check regulation 1.20J(1)(c). Also check how many partners you have sponsored before, under regulation 1.20J(1)(a) and (b).
  • Contributory Parent visa. If you hold a Subclass 143 or Subclass 864 visa granted on or after 1 July 2009, check regulation 1.20KA and the history of the parent visa application.
  • Earlier declarations. Check what you declared about your relationship status and family members in every earlier visa application, including any protection or humanitarian application. Compare it with the relationship history you will now give.
  • Character and cancellation. Check whether you have any criminal convictions, pending charges or cancellation notices, and whether any child under 18 is included in the application.

A permanent resident partner visa sponsor who can answer all seven questions clearly is usually ready to move on to the relationship evidence. Our partner visa document checklist and our guide to partner visa relationship evidence cover that next stage. The sponsor also signs an undertaking to provide adequate accommodation and financial assistance to the applicant, for up to two years, as explained in our guide to partner visa income requirements.

If any answer is uncertain, that is the point to obtain advice. Our general guide to partner visa requirements explains the applicant's side, and our page on a partner sponsorship refused explains what happens when a sponsorship fails.

How My Migration Lawyers helps a permanent resident partner visa sponsor

My Migration Lawyers acts for permanent resident sponsors and their partners in onshore and offshore partner visa matters across Australia, and deals with the complex cases where the sponsor's own visa history is the problem. The firm acts in many matters of exactly this type, and is capable of handling a permanent resident partner visa sponsor whose case involves an expired travel facility, a previous partner sponsorship, an undeclared earlier relationship, a Contributory Parent visa, or a pending cancellation. Our page on a partner visa lawyer for complex cases and our article on complex partner visa work describe the kind of matter we regularly handle.

When the firm acts for a permanent resident partner visa sponsor, the work follows clear steps:

  • Sponsor history review. We obtain and read the sponsor's earlier visa applications and grant notices, including any protection, skilled, employer, parent or partner application. We identify the dates and declarations that the Department will compare.
  • Status and travel check. We confirm the sponsor's current visa status and travel facility, and advise whether a Resident Return visa is needed before or alongside the partner visa.
  • Limits and waivers. We test the sponsorship against regulations 1.20J, 1.20KA, 1.20KB and 1.20KC. Where a limit applies, we advise whether to wait or to seek a waiver, and present the sponsor's own circumstances in the form the regulations require.
  • Earlier declarations. Where the sponsor's earlier declarations do not match the couple's history, we advise on how the inconsistency should be explained, and present the couple's own honest account and the documents that support it.
  • Cancellation risk. Where the sponsor faces a cancellation notice or review, we manage the sponsor's matter and the partner visa together, so that one does not undermine the other.
  • Lodgement and processing. We prepare the sponsorship and the partner visa application, organise the relationship statement and Form 888 statements in the couple's own words, and manage requests from the Department until a decision is made.
  • Review if needed. If the sponsorship or the visa is refused, we advise on review by the Administrative Review Tribunal within the strict time limits.

The firm is led by Weiwei Zhang, Principal Lawyer. You can learn more about My Migration Lawyers, and about our partner visa lawyer work in Australia. Our guide on when you need an immigration lawyer for a partner visa explains where professional help adds most, and our article on a partner visa lawyer consultation explains what happens in a first meeting. If a refusal has already happened, the firm's partner visa refusals service and our page on ART review after a visa is refused explain the next steps. You can browse more short answers in our partner visa questions hub.

My Migration Lawyers acts for clients 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's office is at Level 1, 60 Martin Place, Sydney NSW 2000. You can also contact My Migration Lawyers in writing.

Every permanent resident partner visa sponsor has a different history, and no lawyer can promise an outcome. What My Migration Lawyers can do is identify the risks in the sponsor's own visa history before they become a refusal, and make sure the Department receives a consistent, complete and honest application.

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

Frequently Asked Questions

Can a permanent resident sponsor a partner visa in Australia?

Yes. A permanent resident partner visa sponsor can sponsor a spouse or de facto partner for a Subclass 820 and Subclass 801 visa, a Subclass 309 and Subclass 100 visa, or a Subclass 300 prospective marriage visa. The sponsor must be at least 18 and must meet the regulation 1.03 meaning of Australian permanent resident, which includes being usually resident in Australia. The sponsorship limits and character rules also apply.

Does a permanent resident sponsor have to live in Australia?

Generally yes, in the sense that the regulation 1.03 definition of Australian permanent resident requires the person to be usually resident in Australia. Department guidance looks at where the person ordinarily eats, sleeps and has a home, and whether they intend that place to be their home. A temporary absence does not necessarily stop a person being usually resident in Australia.

My permanent visa travel facility has expired. Can I still sponsor my partner?

Possibly, but the expired travel facility must be dealt with. A permanent resident who is overseas after the travel facility expires generally needs a Resident Return visa (Subclass 155 or Subclass 157) to return as a permanent resident. A long absence may also be relevant to whether the sponsor is still usually resident in Australia. The sponsor's own return should be planned before or alongside the partner visa.

Is holding a permanent visa the same as being able to return to Australia?

No. A permanent visa continues while the holder is in Australia, but the right to travel to Australia on it generally lasts five years from grant. After that, a permanent resident who leaves Australia, or who is overseas when the travel facility expires, generally needs a Resident Return visa to re-enter as a permanent resident.

I became a permanent resident through a partner visa. When can I sponsor a new partner?

Generally not until five years after your own partner visa application was made, under regulation 1.20J(1)(c). The period is measured from the date of your own application, not from grant or citizenship, and is assessed at the time of the decision on the new sponsorship. The limit can be waived under regulation 1.20J(2) if there are compelling circumstances affecting the sponsor.

Does becoming a citizen reset the five-year sponsorship limit?

No. The five-year limit in regulation 1.20J(1)(c) is about the sponsor's own past partner sponsorship, not about their current status. A permanent resident partner visa sponsor who becomes a citizen is still subject to the same five years, counted from their own earlier partner visa application. Only a waiver for compelling circumstances can lift the limit early.

I did not declare my partner in my skilled visa application. Can I still sponsor them?

Possibly, but this needs advice before anything is lodged. The Department will compare the new partner visa with the sponsor's earlier declarations. An undeclared relationship can affect credibility, can raise public interest criterion 4020 concerns depending on the facts, and can expose the sponsor's own visa to section 109 cancellation. The couple's real history must be presented honestly, never changed to fit the old application.

Can a Contributory Parent visa holder sponsor their partner?

Not straight away if the visa was granted on or after 1 July 2009 and the couple were together at grant. Regulation 1.20KA prevents sponsorship of that partner for five years from the grant of the Subclass 143 or Subclass 864 visa. The limit can be lifted under regulation 1.20KA(3) for compelling reasons, other than financial reasons, for not applying together.

What happens to the partner visa if the sponsor's permanent visa is cancelled?

If the cancellation stands, the sponsor is no longer an Australian permanent resident, and the sponsorship cannot support the partner visa, because it must be approved and remain in force at the time of decision. Where the cancellation is set aside on review, the partner visa can proceed. Tribunal decisions such as Vispo [2023] AATA 694 show the two matters are closely linked.

Can a Resident Return visa be cancelled?

Yes. A Resident Return visa is a permanent visa and can be cancelled like other visas, including on character grounds. In Lei (Migration) [2024] AATA 1166, a sponsor's Resident Return visa was cancelled after a criminal conviction, that cancellation was set aside on review, and the partner visa matter was remitted to the Department.

Can a former refugee who is now a permanent resident sponsor a partner?

Yes. A former refugee or humanitarian visa holder who now holds permanent residence can be a permanent resident partner visa sponsor. Whether the relationship was declared before the humanitarian visa was granted matters, because concessions in regulation 2.03A(4)(a) and subclause 100.221(6) depend on it. The Department will also compare the partner visa with the sponsor's protection or humanitarian file.

Does a former refugee sponsor need a police certificate from their home country?

Sometimes. Where police checks are required of the sponsor, a sponsor who holds or held a humanitarian or protection visa is not automatically exempt. Department policy says a certificate may be requested from the country of asylum, but recognises an exception where obtaining it would endanger family members still living there. A waiver can then be sought, showing all practical steps were taken.

Can I sponsor my partner while my permanent visa application is still being processed?

No. A person whose permanent visa application is pending is not yet an Australian permanent resident and cannot sponsor a partner. The same applies to a Subclass 820 holder waiting for the Subclass 801, and to a person on a bridging visa. Sponsorship becomes possible only once the permanent visa is granted, subject to the sponsorship limits and the usual residence requirement.

Should a permanent resident wait for citizenship before sponsoring a partner?

Usually not. Permanent residence is already enough to sponsor, and citizenship does not reset the sponsorship limits or change the relationship evidence needed. Citizenship timing may matter where the sponsor needs a Resident Return visa to return, or faces a cancellation risk, because a citizen does not hold a visa. Those situations need individual advice.

What should a permanent resident partner visa sponsor check before lodging?

A permanent resident partner visa sponsor should check seven things: current visa status, usual residence in Australia, the travel facility, whether their own residence came through a partner visa, whether they hold a Contributory Parent visa, what they declared in earlier visa applications, and any criminal record or cancellation notice. Each can be checked from the sponsor's own records before the application charge is paid.

Is a permanent resident sponsor treated differently from a citizen sponsor?

At the gateway, no. Both can sponsor under the same Schedule 2 criteria, and both are subject to the sponsorship limits and character rules. The differences come from the permanent resident's visa: the usual residence requirement, the travel facility, and the risk that the sponsor's own visa could be cancelled. A citizen sponsor faces none of those three issues.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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