Sponsoring a Partner From Afghanistan

To sponsor partner from Afghanistan, the Australian partner must be an eligible sponsor, the sponsorship must be approved, and the couple must prove a genuine and continuing married or de facto relationship. A sponsor partner from Afghanistan application also has to deal with problems most partner visas never meet: biometrics that cannot be collected inside Afghanistan, identity documents that are tested closely, police certificates that may be difficult to obtain, and marriages solemnised in Afghanistan, Pakistan or Iran.

This guide is written for the Australian sponsor. It explains who can sponsor partner from Afghanistan, which visa fits, how an Afghan marriage is assessed, what the Department of Home Affairs looks for in Afghan identity documents, how the sponsor's own history is checked, which issues the Administrative Review Tribunal has recorded in Afghan partner cases, and what to do if the visa is refused.

The firm's partner visa lawyers page explains how the firm acts for sponsors and applicants. For the full framework of each subclass, the complete guide to partner visas in Australia is the starting point.

Can an Australian sponsor partner from Afghanistan?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is at least 18 can sponsor partner from Afghanistan, as long as the sponsorship is approved and no sponsorship limitation applies.

The visa criteria require the applicant to be sponsored by the spouse or de facto partner. If that partner is under 18, a parent or guardian who is an Australian citizen, permanent resident or eligible New Zealand citizen sponsors instead. An eligible New Zealand citizen is defined in regulation 1.03 of the Migration Regulations 1994 and means a New Zealand citizen who holds a protected Special Category Visa. The firm's guide to partner visa sponsor eligibility and the short answer on who can sponsor a partner visa set out the basic test.

Sponsorship approval is a time of decision criterion. The sponsorship must be approved and still in force when the Department decides the visa. Several limitations can stop approval:

• Regulation 1.20J. In broad terms, a sponsor who has already sponsored two partners, or who sponsored a partner within the previous five years, or who was themselves granted a partner visa within the previous five years, is limited unless there are compelling circumstances affecting the sponsor.
• Regulation 1.20KA. This applies to certain sponsors who hold a contributory parent visa.
• Regulation 1.20KB. This applies where children are included and the sponsor has certain child-related offences or charges.
• Regulation 1.20KC. This applies where the sponsor has a conviction for a relevant offence, such as violence or breaching a protection order, together with a significant criminal record.

The firm's page on partner visa sponsorship limitations explains each bar. A sponsor who wants to sponsor partner from Afghanistan and who arrived in Australia recently should also read the guides for an Australian citizen sponsor and a permanent resident sponsor, because the evidence of the sponsor's own status comes first.

There is no minimum income for the sponsor, and there is no rule that the sponsor must have been born in Australia. Many sponsors are Afghan-Australians who became citizens after arriving as refugees, and many others are Australians who met their partner while working or travelling in the region. The law is the same for both.

Former humanitarian visa holders who sponsor partner from Afghanistan

A sponsor who holds or held a permanent humanitarian visa can sponsor partner from Afghanistan in the same way as any other permanent resident or citizen. Two special rules can help, but only where the sponsor told the Department about the relationship before the humanitarian visa was granted.

The first rule concerns the 12-month de facto requirement, which matters whenever a former refugee seeks to sponsor partner from Afghanistan as a de facto partner. Under paragraph 2.03A(4)(a), the minimum 12-month relationship period does not apply where the applicant's de facto partner is a current or former holder of a permanent humanitarian visa, and that visa holder informed the Department of the relationship before the humanitarian visa was granted. Department policy says delegates should check departmental records to verify this.

The second rule concerns the permanent stage. Subclause 100.221(6) applies to a primary applicant whose sponsoring partner is or was the holder of a permanent humanitarian visa, was in a married or de facto relationship with the applicant before that visa was granted, and told the Department about the relationship before grant. Department policy lists the evidence of that advice: the humanitarian visa application form, the interview record with the sponsoring partner, or file notes on that application. Where this rule applies, the permanent Subclass 100 visa can be considered without the usual two-year wait.

The reverse is equally important. If the sponsor declared that they were single, or named a different spouse, in the humanitarian application, the Department will compare that record with the partner visa application. A sponsor partner from Afghanistan application that tells a different story about when the relationship started is likely to be tested for credibility. The sponsor's earlier statements are part of the Department's file, and they must be dealt with directly, not ignored.

The firm's short answer on whether a former refugee can sponsor a partner visa gives the basic position, and the guide to a partner visa sponsor with their own visa history problems explains how the sponsor's earlier applications are reviewed. A sponsor who is unsure what was declared years ago should obtain the earlier file before lodging, not after the Department raises it.

Sponsor partner from Afghanistan: Subclass 309 or Subclass 820?

For most couples, the Subclass 309 and Subclass 100 visa is the only realistic pathway to sponsor partner from Afghanistan, because the applicant is outside Australia. The Subclass 820 and Subclass 801 visa is for a partner who is already in Australia and can make a valid application here.

The two pathways work as follows:

• Subclass 309 and Subclass 100 (offshore). All applicants for a Subclass 309 visa must be outside Australia when they apply, under paragraph 1220A(3)(b) of Schedule 1. The Subclass 309 and Subclass 100 applications are made together. The applicant must also be outside Australia when the Subclass 309 visa is granted. The firm's Subclass 309 partner visa page explains the visa, and the short answer on whether the applicant must be outside Australia when the 309 is granted covers the timing.
• Subclass 820 and Subclass 801 (onshore). The applicant must be in Australia. The firm's Subclass 820 partner visa page explains the onshore pathway.

Whichever pathway is used to sponsor partner from Afghanistan, it leads to permanent residence in two stages. The firm's guide to the partner visa two-stage process explains why the temporary visa comes first and when the permanent stage is assessed.

Can a partner from Afghanistan come on a visitor visa and apply onshore?

Only with great care. A partner who holds a visitor visa with condition 8503 cannot make a partner visa application in Australia unless the condition is waived. Department policy says that marrying or starting a de facto relationship with an Australian is generally not a matter beyond the visa holder's control, so the relationship alone is not a ground for a waiver.

Policy does list "war or severe civil unrest in home country" among the examples of compelling and compassionate circumstances that can support a waiver, provided the circumstances developed after the visa was granted, were beyond the person's control and caused a major change. Circumstances that already existed when the visa was granted do not meet the test unless they have since escalated. The firm's guides to the partner visa no further stay condition and the condition 8503 waiver explain how a request is assessed.

A sponsor who plans to bring a partner on a visitor visa should also read the short answer on bringing a spouse to Australia on a visitor visa. If the partner is already in Australia without a substantive visa, the Schedule 3 criteria apply to an onshore application. The firm's Schedule 3 waiver page explains those criteria. The comparison of onshore and offshore partner visas sets out the trade-offs.

What if the partner is living in Pakistan or Iran?

A partner who is living in Pakistan, Iran or another country can still apply for the Subclass 309 visa from that country, because the requirement is only that the applicant is outside Australia. The practical questions are whether the partner has a passport, whether the partner can attend biometrics and health examinations where they live, and whether the partner's stay in that country is lawful. The Department's Afghanistan update urges applicants in Pakistan or Iran to prioritise their safety. The firm's answers for sponsors with a partner in Pakistan or Iran, and the guide to the partner visa for Pakistani citizens, discuss practical issues in those countries.

Can a fiancé from Afghanistan use the Subclass 300 visa?

Yes. An Australian engaged to a partner from Afghanistan can sponsor a Subclass 300 Prospective Marriage visa, provided the couple have met in person since both turned 18, know each other personally and genuinely intend to marry and live together as spouses.

The Subclass 300 requirements are strict:

• Both must be at least 18 at the time of application. The prospective spouse must also be the sponsor, under subclause 300.213(1).
• The couple must have met in person since turning 18. Department policy says written correspondence, phone calls and internet contact do not count as having met in person.
• The applicant must be outside Australia when applying.
• The marriage must take place within the visa period. Condition 8519 requires the holder to marry within the visa period, and condition 8515 means the holder must not marry or enter a de facto relationship before entering Australia.

For couples who sponsor partner from Afghanistan through this route, once married in Australia the applicant applies onshore for the Subclass 820 and Subclass 801 visa. The firm's Subclass 300 prospective marriage visa page, the short answer on the prospective marriage visa requirements and the answer on what counts as having met in person explain the detail.

Arranged engagements are common, and many couples in an Afghan family context have spent limited time together before the engagement. The Subclass 300 visa is still available, but the evidence that the couple have met in person and know each other personally must be specific. In Hosseini (Migration) [2019] AATA 300, a Subclass 300 matter in which the country recorded was Afghanistan, the issues recorded were that the applicant had married and that a marriage certificate was provided to the Tribunal. The Tribunal remitted the matter to the Department. The Tribunal reviews a matter on the facts at the time of its own decision, which can differ from the position when the Department refused. The answer on what happens after marriage on a prospective marriage visa explains the next step.

Is an Afghan marriage recognised in Australia?

Yes, in most cases. A marriage solemnised in Afghanistan is generally recognised for partner visa purposes if it was valid under the law of the place where it was solemnised, and it is not a polygamous, underage or prohibited marriage that Australian law refuses to recognise.

Department policy on spouse relationships sets out the key rules for anyone who wants to sponsor partner from Afghanistan as a spouse:

• Validity where solemnised. A marriage that is not recognised in the country where it was solemnised will not be recognised under the Marriage Act 1961 or the Migration Act 1958. If there is doubt about local validity, Department policy tells delegates to seek advice from a local government agency or make a case referral.
• Age. Where either party was domiciled in Australia at the time of the marriage and either party was under 18, section 88D of the Marriage Act means the marriage is not recognised. Where neither party was domiciled in Australia, a foreign marriage can be recognised if both parties were at least 16 and it was valid where solemnised.
• Polygamy. If either party has a concurrent marriage, neither party can meet the requirement of a mutual commitment to a shared life to the exclusion of all others, and neither relationship can be a married relationship. Only the first marriage in a polygamous situation is capable of being recognised, and any other relationship must have ended by death, divorce or permanent separation.
• Prohibited relationships. Marriages within a prohibited degree of relationship are not recognised for migration purposes.
• Real consent. A foreign marriage is not recognised under the Marriage Act if real consent was absent, for example because it was obtained by duress or fraud.

The firm's guides on whether an overseas marriage is recognised in Australia, on a religious or cultural marriage for a partner visa and on a polygamous marriage and a spouse visa explain these points. Where a marriage cannot be recognised, the guide to an unrecognised overseas marriage explains how the de facto pathway may still be open.

Sponsor domicile and the age rule

The domicile rule matters for Afghan-Australian sponsors. An Australian sponsor is usually domiciled in Australia. If that sponsor married in Afghanistan when either party was under 18, the marriage cannot be recognised under section 88D, even if it was valid locally. Department policy says that once both parties have turned 18, the couple may instead be assessed as de facto partners under section 5CB of the Migration Act, because regulation 2.03A requires both de facto partners to be at least 18. The firm's guide to partner visa age requirements explains the rules.

Arranged marriages and real consent

An arranged marriage is recognised in the same way as any other marriage, unless one party did not give real consent. Department policy says the fact that a marriage was arranged by relatives, friends or brokers does not itself affect recognition, but delegates are expected to take particular care when assessing whether the couple have a mutual commitment to a shared life and whether the relationship is genuine and continuing.

Forced marriage is a criminal offence in Australia under sections 270.7A and 270.7B of the Criminal Code. Department policy directs officers to be alert for indicators of forced marriage and to act with care and sensitivity. Anyone in immediate danger should call 000. The firm's guide to partner visas for arranged marriages and the short answer on a spouse visa after an arranged marriage explain what evidence helps. Marriages between cousins raise a separate question, covered in the answer on cousin marriage and a spouse visa.

Marriages in Pakistan, Iran or another country

Many couples who sponsor partner from Afghanistan married outside Afghanistan. The same rule applies: the marriage must be valid under the law of the country where it was solemnised. A nikah performed in Pakistan or Iran is assessed against that country's law, not Afghan law. If the parties were not lawfully present in that country, or the marriage was performed by a religious leader without the registration that local law requires, the question of local validity should be examined before the application is lodged.

Nikah by telephone or video

Department policy says that Australian law requires consent to be given by both parties in person, but some countries permit marriage by proxy. A proxy marriage may be recognised where the law of the place permits consent by proxy, the marriage was solemnised in accordance with that law, and both parties gave real consent. The couple must still meet the other parts of the spouse definition. The short answer on whether a proxy or online marriage is valid for a spouse visa explains the test. A sponsor partner from Afghanistan application that relies on a nikah where one party was in Australia and the other in Afghanistan needs evidence of where the marriage was solemnised and under which law.

Sponsor partner from Afghanistan as a de facto partner: the 12-month rule

A sponsor can sponsor partner from Afghanistan as a de facto partner rather than a spouse, but the de facto relationship must normally have existed for at least 12 months immediately before the application, unless an exception applies.

The exceptions in regulation 2.03A include registration of the relationship under an Australian State or Territory law, the humanitarian visa exception discussed above, and compelling and compassionate circumstances. Department policy gives two examples of compelling and compassionate circumstances: the applicant has a dependent child of the relationship, or de facto relationships are illegal in the country where one or both of the couple reside.

That second example is directly relevant to anyone who wants to sponsor partner from Afghanistan as a de facto partner, but it is not automatic. Policy describes the threshold as high and requires the circumstances to be both compelling and compassionate. The genuineness of the relationship is not, by itself, enough. The firm's guides to the 12-month de facto requirement and to compelling and compassionate circumstances for a partner visa explain how the argument is made.

Cultural and religious expectations also affect whether couples live together before marriage. The short answer on a partner visa where culture or religion stops a couple living together explains how the Department approaches that evidence.

Sponsor partner from Afghanistan: tazkiras, identity and PIC 4020

Identity is the most common serious problem when Australians sponsor partner from Afghanistan. Public interest criterion 4020 requires the applicant to satisfy the Department of their identity and to show that they have not given a bogus document or false or misleading information.

Department policy describes the "three pillars of identity" as biometrics, documents and the applicant's life story. An Afghan applicant's tazkira, passport, marriage certificate and the account given in the forms must all fit together. Where they do not, the Department may test each document.

What is a bogus document?

Department policy on PIC 4020 identifies four kinds of bogus document: a document that purports to have been issued in respect of the person but was not, a counterfeit document, a document altered by someone without authority to do so, and a document obtained because of a false or misleading statement. The last category matters in Afghan cases. A genuine tazkira issued on the basis of false information can still be a bogus document.

The Tribunal's database records two Afghan identity matters that illustrate the risk:

• In Sharifi (Migration) [2019] AATA 2741, a Subclass 309 matter, the issues recorded were a bogus document, Afghan tazkiras not registered with the Afghan Government authorities, and waiver of the requirement. The Tribunal remitted the matter to the Department.
• In Hedari (Migration) [2021] AATA 1366, a Subclass 309 matter, the issues recorded were a Federal Circuit Court remittal, bogus Afghani identity documents, tazkeras obtained in Pakistan, and compassionate or compelling circumstances to waive the criteria. The Tribunal remitted the matter to the Department.

Each case turns on its own facts. These decisions show that tazkira registration and documents obtained outside Afghanistan are recurring issues, and that the waiver question can be argued.

Non-grant periods and the waiver

The consequences of a PIC 4020 refusal extend beyond the current application:

• Three-year non-grant period. A refusal for a bogus document or false or misleading information under PIC 4020(1) means the applicant, and members of the applicant's family unit, may be unable to meet PIC 4020(2) in a new application made within three years.
• Ten-year non-grant period. A refusal for failing to satisfy the Department of identity under PIC 4020(2A) leads to a ten-year non-grant period under PIC 4020(2B).
• Waiver. PIC 4020(4) allows the bogus document requirement and the three-year period to be waived for compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen. There is no waiver for the identity requirements.

For the sponsor, this means the waiver argument is about the sponsor. Department policy says the applicant's own circumstances are not relevant unless they also affect an Australian citizen, permanent resident or eligible New Zealand citizen, and it gives as a factor a child in Australia who would be adversely affected. The firm's guides to PIC 4020 in a partner visa, to false documents in a partner visa and the short answers on what PIC 4020 means for a partner visa and on a partner visa where the applicant has used a different identity explain these rules.

The practical lesson for anyone who wants to sponsor partner from Afghanistan is simple. Every date of birth, name spelling and family detail should be checked across every document before lodgement, and any discrepancy should be explained in the application, not left for the Department to find. Afghan documents often record dates of birth differently from passports, and names are transliterated in several ways. An explanation given at the start is far more credible than one given after a section 57 letter. The applicant's Form 80 personal particulars must be consistent with all of it.

Police certificates when you sponsor partner from Afghanistan

The applicant must meet the character requirements, which usually means police certificates for each country where the applicant lived for 12 months or more in the last 10 years since turning 16. For an Afghan applicant, that may include Afghanistan, Pakistan, Iran or another country of residence.

Where a police certificate genuinely cannot be obtained, the Department has procedures for that situation in its Penal Checking Handbook. The applicant should keep evidence of every attempt made. The short answer on what to do if a police certificate cannot be obtained and the guide to partner visa overseas police certificates explain what usually helps.

The sponsor's own foreign police certificate

The sponsor may also be asked for police checks under regulation 1.20KC. Policy is that a sponsor provides an Australian Federal Police National Police Check and a foreign police check for any country where the sponsor lived for 12 months or more, in total, since the later of turning 16 or 10 years before the request. A sponsor who arrived from Afghanistan within the last 10 years may therefore be asked for an Afghan certificate.

Department policy recognises that a sponsor may be unable to obtain a foreign police check, or that no procedure exists in a particular country. In that case, policy is that the sponsor makes a written declaration stating that a certificate could not be obtained, describing the efforts made, and either stating that the sponsor has no convictions in that country or giving details of any convictions. That declaration must be truthful and complete. The firm's guides to partner visa sponsor police checks and to what happens when a sponsor police check is not provided explain the process.

Biometrics and health checks in a sponsor partner from Afghanistan application

The Department's Afghanistan update says that if an applicant lives in Afghanistan and has not completed biometrics collection, the Department will not be able to process the visa while the applicant remains in Afghanistan. An applicant who can travel to another country to provide biometrics should tell the Department, which will send a letter so biometrics can be collected in that location.

The same page says the Australian Government is unable to assist departure from Afghanistan, that the Department does not recommend visa applicants cross borders that may put them or their family at risk, and that applicants should expect lengthy processing times. A sponsor partner from Afghanistan plan must be built around those statements. The sponsor should not encourage a partner to take an unsafe journey to speed up processing, and no lawyer can promise that biometrics will be scheduled on a particular date.

Health examinations are also required in every sponsor partner from Afghanistan application. The applicant attends an examination with a doctor approved by the Department, and the location will depend on where the applicant is living. The firm's guides to partner visa biometrics, partner visa health requirements and the partner visa medical examination explain those steps.

What relationship evidence works when you sponsor partner from Afghanistan?

The strongest evidence when you sponsor partner from Afghanistan shows the relationship across the four areas the Department assesses: financial aspects, the nature of the household, social aspects and the couple's commitment to each other, explained in a way that fits the reasons the couple have lived apart.

Most couples who sponsor partner from Afghanistan have lived apart for long periods. Distance is not fatal. Department policy assesses whether the couple have a mutual commitment to a shared life and whether the relationship is genuine and continuing, and periods apart can be consistent with that where the reasons are explained. The evidence usually includes:

• Communication. Call logs, messaging records and video call histories over time. The short answer on messages, emails and call records explains how to present them without uploading thousands of pages.
• Financial support. Regular money transfers from the sponsor to the partner, with receipts. The answer on money transfers as relationship evidence explains their value and limits.
• Time together. Passport stamps, travel records and photographs from visits, wherever the couple met. Where the sponsor cannot safely travel to Afghanistan, meetings in a third country are common.
• Family recognition. Evidence that both families know about and accept the marriage, including the wedding, the engagement and family gatherings.
• Statements. Each partner's own statement, and Form 888 witness statements from Australian citizens or permanent residents who know the couple. The answer on whether overseas friends can write statements explains who can help.

Each partner's statement is that partner's own account. The partner reviews it, corrects it and confirms it is true. Documents in Dari or Pashto need English translations. The firm's guides to partner visa relationship evidence, the partner visa relationship statement, partner visa long-distance relationships and partner visa evidence translation explain how this material is organised. Where a civil document is missing, the answer on what to do if a birth or marriage certificate cannot be obtained and the answer on translating a marriage certificate help.

Religious differences between partners, or differences between families, are not barriers in themselves. The guide to partner visa religious differences explains how the Department treats them.

Can children be included when you sponsor partner from Afghanistan?

Yes. Dependent children of the applicant can usually be included as members of the family unit, but each child must meet the requirements for inclusion and the health and character criteria, and the consent of any other parent with custody rights is usually required.

Children raise several issues when Australians sponsor partner from Afghanistan:

• Identity of the child. Each child's identity documents are tested in the same way as the applicant's. A finding against one member of a combined application can affect the others.
• Consent of the other parent. Where a child has another parent who is not migrating, evidence of that parent's consent, or of the legal authority to remove the child, is usually needed. The answer on the other parent's consent for a child to migrate explains the options.
• Dependent adult children and relatives. Older children must show dependence. In Nabizada (Migration) [2025] ARTA 2775, a Subclass 309 matter, the issues recorded were member of a family unit, mental health conditions, being entirely dependent on parents for survival and daily functioning, and discrimination against Afghan nationals. The Tribunal remitted the matter to the Department.

The answer on including children in a partner visa explains the general rules.

How much does it cost to sponsor partner from Afghanistan?

At the time of writing, Home Affairs shows the partner visa application charge for the combined Subclass 309 and Subclass 100 application as AUD 11,710 for most applicants, with additional charges for each person included. The charge is usually reviewed each 1 July.

Other costs to sponsor partner from Afghanistan include translations, police certificates, health examinations, travel for biometrics and, in many cases, the cost of the applicant living in a third country while the application is processed. The firm's guides to partner visa cost and partner visa processing times explain these items.

The Department publishes no specific timeframe for a sponsor partner from Afghanistan case, and its Afghanistan update tells applicants to expect lengthy processing times. A decision-ready application, with identity documents explained and police certificates provided, avoids adding delay through requests for information.

What happens if a sponsor partner from Afghanistan application is refused?

A Subclass 309 refusal can be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after notification of the decision, or 7 days if the applicant is in immigration detention, and the time cannot be extended.

Who applies depends on the visa:

• Subclass 309 refusal. Current Department instruction is that the visa applicant applies for review under regulation 4.02(5)(raa).
• Subclass 300 refusal. The sponsor applies.
• Subclass 820 refusal. The applicant applies.

A Subclass 100 refusal made while the applicant is outside Australia has no merits review. The ART migration review fee is AUD 3,727 for fees paid on or after 1 July 2026. The fee can be reduced by 50% for financial hardship, and 50% is refunded if the decision is set aside, varied or remitted. The fee must be paid within the same review period.

The Tribunal considers the matter afresh on the evidence before it. In identity and document cases, new evidence about how the documents were obtained can be put to the Tribunal, as can evidence supporting a PIC 4020 waiver. The firm's guides to the partner visa appeal deadline, the ART review process, ART fees for a partner visa and the short answer on who applies for review of an offshore refusal explain the steps. Where the deadline is close, the firm's urgent ART visa refusal applications page explains how lodgement is handled. The firm's partner visa refusal lawyers and wider visa refusals pages cover refusals generally.

Common mistakes in sponsor partner from Afghanistan applications

The most damaging mistakes in sponsor partner from Afghanistan applications are inconsistencies the couple could have explained at the start, and decisions made under pressure that create new legal problems.

The mistakes that most often cause refusals or long delays are:

• Lodging before the documents are checked. Names, dates of birth and family details that differ between the tazkira, passport, marriage certificate and forms invite PIC 4020 scrutiny. Each difference should be identified and explained in the application.
• Ignoring the sponsor's earlier statements. A sponsor who arrived on a humanitarian visa and declared a different marital status must deal with that history openly. The Department holds the earlier file.
• Assuming any nikah is enough. A marriage that was not valid where it was solemnised, or that involves an underage party and a sponsor domiciled in Australia, cannot be recognised. Where that is the position, the de facto pathway or a new marriage may be needed.
• Using a visitor visa as a shortcut. A partner who arrives on a visitor visa with condition 8503 cannot apply onshore without a waiver, and the relationship itself is generally not a ground for one.
• Encouraging unsafe travel. The Department does not recommend crossing borders that put applicants at risk. A sponsor partner from Afghanistan plan should never depend on a dangerous journey.
• Missing requests and deadlines. Section 56 requests, section 57 letters and the 28-day review deadline are not extended because documents are hard to obtain. The response should explain what has been attempted and when the rest will be provided.

The guides on why partner visas get refused and on partner visa sponsor risk assessment before lodgement explain how these risks are identified early. A section 57 letter should be answered with the help of the guide to the section 57 natural justice letter.

How My Migration Lawyers helps Australians sponsor partner from Afghanistan

My Migration Lawyers deals with complex partner visa cases, acts in many matters where an Australian sponsors a partner living in Afghanistan, Pakistan or Iran, and is capable of handling a sponsor partner from Afghanistan application from the first assessment through to review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

On a sponsor partner from Afghanistan matter, the firm:

• confirms the sponsor's eligibility and checks every sponsorship limitation under regulations 1.20J to 1.20KC before anything is lodged;
• obtains and reviews the sponsor's earlier humanitarian or other visa records, so that what the sponsor declared in the past is known and dealt with;
• assesses whether the marriage was valid where it was solemnised, including nikahs in Pakistan or Iran and marriages by proxy, and whether the de facto pathway or an exception to the 12-month rule is the better route;
• reviews every tazkira, passport and civil document for inconsistencies and explains differences in names and dates before the Department asks;
• advises on biometrics and health examinations in a third country, without encouraging any unsafe travel;
• manages applicant and sponsor police certificates, including the declaration process where an Afghan certificate cannot be obtained;
• presents the sponsor's and the applicant's own accounts, which each of them reviews and corrects, with translations and Form 888 statements; and
• responds to section 56 and section 57 letters, prepares any PIC 4020 waiver submission, and acts on ART review if the visa is refused.

The firm acts for sponsors across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Sponsors with unusual facts can read the short answer on how a lawyer handles complex partner visa cases.

The right time to plan how to sponsor partner from Afghanistan is before the first form is lodged, because identity and document problems are much harder to fix afterwards. Book a consultation with My Migration Lawyers, or call 1300 040 300.