Key Takeaways
- Australians can sponsor partner from Austria through the onshore Subclass 820 visa, the offshore Subclass 309 visa or the Subclass 300 visa, provided the sponsor is eligible and the relationship is genuine and continuing.
- Austrian passports are on the eVisitor (Subclass 651) list, and Department policy does not list condition 8503 among the eVisitor conditions, so an onshore Subclass 820 application is often a realistic option.
- An unmarried couple generally needs 12 months of de facto relationship before lodging, unless the relationship is registered under a prescribed Australian State or Territory law. An Austrian registered partnership does not meet that exception.
- The Austrian criminal record certificate (Strafregisterbescheinigung) can be applied for online with ID Austria or through an Austrian representation abroad, and Austrian guidance says it is bilingual in German and English where there are no convictions.
- The partner visa application charge from 1 July 2026 is AUD 11,710 for the combined Subclass 820 and Subclass 801 application and for the combined Subclass 309 and Subclass 100 application.
Australians can sponsor partner from Austria on a partner visa when the sponsor rules are met and the relationship is genuine and continuing. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and the sponsorship must be approved before the visa is granted.
What makes a sponsor partner from Austria case different from many others is choice. Austrian passport holders can visit Australia on an eVisitor (Subclass 651) visa. That opens a realistic path to an onshore Subclass 820 partner visa, lodged while the Austrian partner is in Australia, as well as the offshore Subclass 309 partner visa and the Subclass 300 prospective marriage visa. The decision between them affects where the couple lives during processing, whether the partner can work and travel, and how much risk there is around visa expiry.
This guide explains how to sponsor partner from Austria step by step. It covers the eVisitor and the onshore option, when condition 8503 can still be a problem, the 12-month de facto rule for unmarried couples, Austrian registered partnerships, the Austrian criminal record certificate, and the relationship evidence that matters. The firm's guide to partner visas in Australia explains the wider framework.
Can you sponsor partner from Austria while they are in Australia on an eVisitor?
Yes. An Austrian partner who is in Australia on an eVisitor (Subclass 651) visa can generally lodge a combined Subclass 820 and Subclass 801 application in Australia, with the Australian partner as sponsor, provided the application is made while the eVisitor is still in effect and the couple meets the relationship requirements.
Austria is on the list of eVisitor eligible passports in the current legislative instrument made in 2023. The Department describes the eVisitor as allowing a stay of up to 3 months each time the holder enters Australia, with visits as often as the holder wishes in a 12-month period. For many couples, this is the fastest way to sponsor partner from Austria while living together. The guide to a partner visa while on a tourist visa and the guide on moving from a tourist visa to a partner visa explain the general process.
The conditions on an eVisitor
Department policy lists the mandatory conditions for the eVisitor as 8115, 8201, 8527 and 8528. In plain terms, those conditions limit work to business visitor activities, limit study or training to 3 months, require the holder to be free from tuberculosis at travel and entry, and require that the holder not have criminal convictions with sentences totalling 12 months or more at travel and entry. Condition 8503, the no further stay condition, is not listed among the eVisitor conditions. That is the main reason a sponsor partner from Austria application can so often be lodged onshore.
The grant notice is still the document to check. Every sponsor partner from Austria file should confirm, from the partner's actual grant notice and from a check of visa entitlements, which conditions apply before an onshore application is planned. The guide on the partner visa no further stay condition explains what to look for.
Lodge before the eVisitor stay ends
The Subclass 820 application must be lodged while the partner is in Australia. If it is lodged while the eVisitor is still in effect, the partner is generally granted a Bridging visa A, which allows the partner to stay lawfully until the application is decided. The guides on the partner visa bridging visa and on Bridging visa A explain how that works.
If the eVisitor stay ends before lodgement, the partner becomes unlawful. A later Subclass 820 application must then satisfy the Schedule 3 criteria, unless there are compelling reasons to waive them. The guides on partner visa Schedule 3 criteria and on a partner visa after overstaying explain that risk. For someone who wants to sponsor partner from Austria onshore, the practical rule is simple: lodge well before the permitted stay ends, not on the last day.
Work and travel on the bridging visa
A Bridging visa A does not allow the holder to leave Australia and come back. An Austrian partner who needs to travel home during processing, for example for family reasons or to finish work commitments, will usually need a Bridging visa B before leaving. The guides on the partner visa Bridging visa B and on partner visa bridging visa work rights explain what to check. A partner who leaves without the right bridging visa can lose the ability to return while the application is processed.
Be honest about plans when entering on an eVisitor
The eVisitor is a visitor visa. The partner should be truthful in the eVisitor application and on arrival about the purpose of the visit. Plans can change genuinely after arrival, for example when a couple decides to marry or to stay together in Australia. What causes trouble is false or misleading information, which can lead to refusal under public interest criterion 4020. The guide on partner visa PIC 4020 explains the consequences.
Step by step: the onshore route for a sponsor partner from Austria couple
The onshore route for a sponsor partner from Austria couple usually follows the same order. Each step is checked against the couple's actual dates and documents.
- Confirm the relationship basis before the partner travels. A married couple can lodge on the basis of the marriage. A de facto couple needs 12 months of de facto relationship before lodgement, or an exception. The firm checks this first, because the eVisitor stay is short and there is little time to fix a relationship-length problem after arrival.
- Check the eVisitor grant and entry date. The permitted stay runs from each entry. The partner's grant notice and entry date set the latest safe lodgement date.
- Request the Austrian documents early. The criminal record certificate, birth certificate, marriage certificate or registration certificate and any divorce documents should be requested before the trip, so the sponsor partner from Austria application can be lodged soon after arrival.
- Arrange translations. German documents need full English translations, unless the document is already bilingual and the English part covers everything.
- Prepare the relationship evidence and statements. The couple writes their own statements and gathers evidence of living together, finances, social life and commitment.
- Lodge the combined Subclass 820 and Subclass 801 application in Australia. The visa application charge is paid at lodgement, and a bridging visa is usually granted.
- Lodge the sponsorship. The Australian partner lodges the sponsorship after the application, using the details the Department provides, explained in the guide on partner visa sponsorship lodgement.
- Manage the bridging visa period. The partner applies for a Bridging visa B before any overseas trip, and the couple reports changes of address or passport.
The firm's guide on how to apply for a partner visa and the partner visa document checklist explain each step in general terms. For a couple who want to sponsor partner from Austria from within Australia, steps 1 to 3 are the ones that most often decide whether the plan works.
Onshore Subclass 820 or offshore Subclass 309: which suits a sponsor partner from Austria case?
The onshore Subclass 820 visa suits a couple who want to live together in Australia while the application is processed. The offshore Subclass 309 visa suits a couple where the Austrian partner will stay in Austria, or elsewhere outside Australia, until the visa is granted.
The comparison usually turns on these practical points:
- Living together during processing. The Subclass 820 lets the couple live in Australia together on a bridging visa. The Subclass 309 usually means the partner stays overseas, although the partner can apply to visit Australia while the Subclass 309 is processing.
- Being outside Australia at grant. A Subclass 309 can only be granted while the partner is outside Australia, explained in the FAQ on being outside Australia when the Subclass 309 is granted.
- Career and housing in Austria. A partner with a job, lease or study in Austria may prefer to keep those in place until the visa is granted.
- Travel during processing. An onshore applicant on a Bridging visa A needs a Bridging visa B to travel. An offshore applicant is not restricted in the same way.
- Visa expiry risk. The onshore route depends on lodging before the eVisitor stay ends.
The firm's comparison of onshore and offshore partner visas, the guide to the onshore partner visa, the guide to the offshore partner visa and the FAQ on the Subclass 820 versus Subclass 309 explain each point in more detail. The FAQ on whether you can change from a Subclass 309 to a Subclass 820 answers a common follow-up question. A wrong choice can make an application invalid, explained in the FAQ on an offshore application lodged in Australia.
The Subclass 300 for engaged couples
An engaged couple who have met in person and intend to marry may consider the Subclass 300 visa. Department policy describes the visa period as between 9 and 15 months from grant, and the holder must marry the sponsor within that period. The holder then applies for the Subclass 820 visa in Australia. Because the partner can already visit on an eVisitor, many engaged couples in a sponsor partner from Austria situation compare the Subclass 300 with simply marrying first and applying onshore. The FAQ on the fiance visa route compared with marrying first and the FAQ on how to get married in Australia explain the trade-offs.
When does condition 8503 still matter for an Austrian partner?
Condition 8503 matters when the Austrian partner holds a visa other than an eVisitor that carries the condition, most commonly a Visitor (Subclass 600) visa granted with condition 8503.
Some Austrian partners do not travel on an eVisitor. A partner might have applied for a Subclass 600 visa to stay longer on one trip, or might not be able to use the eVisitor because of condition 8528, which concerns criminal convictions with sentences totalling 12 months or more. Department policy makes condition 8503 mandatory in the Sponsored Family stream of the Subclass 600 visa and discretionary in the Tourist stream. A partner who holds a Subclass 600 with condition 8503 cannot make a valid Subclass 820 application in Australia unless the condition is first waived.
A waiver is possible only in limited, prescribed circumstances, broadly where compelling and compassionate circumstances beyond the person's control have developed since the visa was granted. The guides on the partner visa 8503 waiver and on Subclass 820 and condition 8503, and the FAQ on condition 8503 and a partner visa, explain the test. For a sponsor partner from Austria couple in that position, the offshore Subclass 309 is often the safer pathway.
Sponsor partner from Austria without marriage: the 12-month de facto rule
An unmarried couple can still sponsor partner from Austria as de facto partners, but the de facto relationship must generally have existed for at least 12 months immediately before the application is made. The 12-month rule comes from regulation 2.03A of the Migration Regulations 1994.
A de facto relationship under section 5CB of the Migration Act 1958 means the couple has a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and the couple lives together or does not live separately and apart on a permanent basis. The FAQ on the legal definition of a de facto relationship and the FAQ on what counts as living together explain those elements.
For a sponsor partner from Austria couple, the 12 months does not have to be spent in Australia. Many couples who sponsor partner from Austria lived together in Vienna, Graz, Salzburg, Innsbruck or elsewhere before deciding to move. Time living together in Austria can count, explained in the FAQ on living together overseas for 12 months. The FAQs on when the 12-month de facto period starts and on time apart during the 12-month de facto period deal with the questions that come up most often.
Exceptions to the 12-month rule
Regulation 2.03A lists limited exceptions. The two most relevant to a sponsor partner from Austria case are:
- Compelling and compassionate circumstances. The applicant can show compelling and compassionate circumstances for the grant of the visa. Department policy says that the genuineness of the relationship does not, by itself, meet this threshold.
- Registration under an Australian State or Territory law. The de facto relationship is registered under a law prescribed for this purpose. The prescribed laws are those of New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory.
Department policy states that a receipt showing a registration application has been lodged is not enough. The relationship must actually be registered. Policy also says the registration exception does not specify when the registration must happen, so a relationship registered after the visa application is made, but before it is decided, can meet the exception. The FAQs on whether you can register the relationship after lodging, on registering a de facto relationship for a partner visa and on where to register a relationship in Australia explain the practical steps.
Before relying on registration in a sponsor partner from Austria case, note that each State and Territory register has its own eligibility rules, including residence rules, and some have a waiting period. The FAQs on registering a de facto relationship in New South Wales, on registering in Victoria, on registering in Queensland, on whether you can register while the partner is on a tourist visa and on the waiting period after registering explain those details. Western Australia and the Northern Territory are not on the prescribed list, so couples living there cannot use this exception through a local registration.
What happens if a couple lodges too early is serious. An application that does not meet the 12-month rule, and has no exception, will be refused. The FAQ on a de facto visa refused under the 12-month rule and the FAQ on whether you can apply before 12 months of de facto relationship explain the options.
Does an Austrian registered partnership count for an Australian partner visa?
No, not as a marriage, and not as a registration that removes the 12-month de facto requirement. An Austrian registered partnership can still be strong evidence that the couple is in a genuine de facto relationship.
This is a common question for anyone who wants to sponsor partner from Austria without marrying. Austrian government guidance explains that, since 2019, both different-sex and same-sex couples in Austria can register a partnership (eingetragene Partnerschaft) at the authority responsible for civil status. Austria also recognises an informal domestic partnership (Lebensgemeinschaft) for couples who live together without marrying or registering, which carries no formal document.
For Australian migration purposes, a registered partnership is not a marriage. The couple applies as de facto partners and must meet the de facto definition. Because the registration exception in regulation 2.03A applies only to the prescribed Australian State and Territory laws, an Austrian registration does not remove the 12-month requirement. The FAQ on an overseas registered relationship and a partner visa explains the position.
That said, an Austrian registration certificate shows formal commitment and is useful evidence of the nature of the commitment of the couple. In a sponsor partner from Austria application, it should be included, translated and explained in the relationship statements. Same-sex couples should also read the firm's page on the LGBTI partner visa and the FAQ on a same-sex de facto visa.
Married in Austria: what proves the marriage for a sponsor partner from Austria application?
A marriage concluded at an Austrian registry office is generally recognised in Australia, and the key document is the marriage certificate issued by the authority responsible for civil status.
Austrian government guidance explains that marriage certificates are issued by the registry office or registry office association of the municipality, and in Vienna by MA 63. It also refers to an international marriage certificate and states that a translation aid can be issued on request. The guide on whether an overseas marriage is recognised in Australia explains the Australian rules, and the guide on the partner visa marriage certificate explains what the Department expects to see.
A married couple does not need to meet the 12-month de facto rule. That is why some couples who want to sponsor partner from Austria choose to marry before lodging. The marriage must still be genuine, and a marriage certificate alone is not enough to prove the relationship. If either partner was previously married, a divorce decree should be included, because a person cannot validly marry while still married to someone else. The guide to a partner visa after divorce and the FAQ on applying while still divorcing explain that issue.
Translating German documents
The Department states that documents in languages other than English must be accompanied by an English translation. In Australia, translations should be made by translators accredited by NAATI. Outside Australia, the translation must be completed by a qualified translator who endorses it with their full name, address, telephone number and details of their qualifications and experience. The guide to partner visa evidence translation explains the details. A multilingual or international certificate helps, but any part of a sponsor partner from Austria document that remains only in German should still be translated.
Identity, names and previous relationships in a sponsor partner from Austria file
The Department checks identity and relationship history closely. A sponsor partner from Austria application should include clear identity documents and should explain every name change and previous relationship.
The Austrian partner's passport and birth certificate establish identity. Where a name changed on marriage, registration or divorce, the documents showing the change should be included. The FAQ on a name change after marriage and the guide on a partner visa change of passport explain how to handle those issues.
Previous marriages and registered partnerships of either partner must be disclosed. An earlier marriage or registered partnership that had not been dissolved could stop a later marriage being valid, and it can raise questions about the exclusivity of the current relationship. The guide on partner visa previous relationships explains what the Department looks for. Personal history is also collected through forms, explained in the guide to Form 80 for a partner visa.
The sponsor's own history matters too. A sponsor who was previously sponsored as a partner, or who has sponsored before, needs to check the regulation 1.20J limits discussed below. In a sponsor partner from Austria case, the simplest way to avoid delay is to answer every history question fully at the start, with documents.
Sponsor partner from Austria: getting the Austrian criminal record certificate
An Austrian partner who has spent 12 months or more in Austria since turning 16, counted over the last 10 years, will generally need an Austrian criminal record certificate, called a Strafregisterbescheinigung.
Austrian government guidance explains that a simple criminal record certificate can be applied for online using ID Austria or an EU Login. It can also be applied for in person at the competent authority where the person lives, which is the state police department or police department in cities that have one, and otherwise the mayor. A person applying from abroad applies through the local Austrian representation. Austrian guidance states that where there are no convictions, the certificate is issued in German and English. An Austrian partner already living in Australia can therefore apply through Austria's representation in Australia.
In a sponsor partner from Austria application, other countries matter too. Many Austrian partners have lived in another country, for example while studying or working elsewhere in Europe. A police certificate is generally needed from every country, other than Australia, where the partner has spent a total of 12 months or more in the last 10 years since turning 16. The firm's guide to partner visa overseas police certificates explains the test, and the FAQ on police certificate and health check validity explains why timing matters. If the partner has been in Australia for some time, an Australian check may also be needed, explained in the guide to the partner visa AFP police check.
Health examinations and biometrics are separate steps, explained in the guides on the partner visa medical examination and on partner visa biometrics.
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Who can sponsor partner from Austria, and what limits apply?
An Australian citizen, Australian permanent resident or eligible New Zealand citizen who is at least 18 can sponsor partner from Austria, unless a sponsorship limitation in Division 1.4B of the Migration Regulations 1994 prevents approval.
The firm's guides on who can be a partner visa sponsor, on partner visa sponsor requirements and on the Australian citizen partner visa sponsor explain the eligibility rules. Permanent residents should read the guide for a permanent resident partner visa sponsor, and New Zealand citizens should read the guide on a sponsor who is a New Zealand citizen but not eligible.
The main limits are:
- Regulation 1.20J. A person can generally have no more than two approved partner sponsorships in a lifetime, cannot have a new sponsorship approved within five years of the first application they sponsored, and cannot sponsor within five years of their own partner visa application if they were sponsored as a partner. Compelling circumstances affecting the sponsor can allow a waiver.
- Regulation 1.20KB. A sponsor convicted of a registrable offence involving children may be barred where a child is included in the application.
- Regulation 1.20KC. A sponsor convicted of a relevant offence, such as a violent offence or a breach of a protection order, may be refused if the sponsor also has a significant criminal record for it, unless approval is reasonable. The sponsor must also consent to disclosure of relevant offence convictions to the applicant.
The firm's page on partner visa sponsorship limitations and the guides on the partner visa sponsor police check and on partner visa sponsor obligations explain each point. A sponsor partner from Austria application should not be lodged until these questions are answered.
Can an Australian living in Austria sponsor partner from Austria?
Yes. An Australian citizen living in Austria can sponsor partner from Austria, provided the couple intends to live together in Australia. The offshore Subclass 309 visa is usually the right pathway, because the partner is outside Australia at lodgement.
Australians sometimes meet their partner while working, studying or living in Austria, and decide to move to Australia together after some years. A sponsor partner from Austria application made in that situation needs evidence that the move to Australia is real, such as job applications, a planned return date, a lease search or arrangements for shipping belongings. The guides on a partner visa sponsor living overseas and on a partner visa sponsor returning to Australia explain what helps, and the FAQ on an Australian living overseas sponsoring a partner answers the common questions.
A permanent resident sponsor who has lived in Austria for a long time should check their own travel facility before lodging, because a permanent resident who cannot re-enter Australia as a permanent resident creates problems for the application. The guides on a sponsor with an expired travel facility and on the partner visa sponsor resident return visa explain that issue. Couples who have lived together in Austria for years usually have strong household and financial evidence, which makes a sponsor partner from Austria application of this kind easier to document.
What evidence shows a genuine relationship with an Austrian partner?
For a sponsor partner from Austria application, the Department considers four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment of the couple to each other. The guide to the four pillars of a partner visa explains each one.
For a sponsor partner from Austria couple, the available evidence often depends on where the couple has lived. Where the couple lived together in Austria, an Austrian confirmation of registration (Meldebestätigung) can be useful. Austrian government guidance explains that a simple confirmation shows that a person is registered, since when and where, and that a historical confirmation also includes previous registrations and de-registrations. Two confirmations showing the same address over the same period can support the household and the 12-month de facto period. Joint leases, utility accounts, insurance and bank accounts can add to that, explained in the guides to partner visa household evidence and partner visa financial evidence.
Where the couple has lived in different countries, the evidence looks different. Flight records, visits, communication and money transfers become central. The guides to a partner visa for a long-distance relationship, to partner visa travel evidence and to partner visa social evidence explain how to present that.
The couple's own relationship statements tie the evidence together. They should explain, in the couple's own words, how they met, when they began living together, any periods apart and why, and how they plan to live in Australia. The firm reviews those statements against the documents and asks the couple to correct anything that is unclear or inconsistent. The guides on the relationship statement for a partner visa, on Form 888 for a partner visa and on partner visa relationship evidence explain how each piece fits. The FAQ on how much relationship evidence answers the volume question.
Statements from friends and family in Austria can be given on Form 888, and they are often useful in a sponsor partner from Austria file. The FAQ on statements from overseas friends explains how statements from people outside Australia are handled.
What does it cost to sponsor partner from Austria?
From 1 July 2026, the Department's partner visa application charge is AUD 11,710 for the combined Subclass 820 and Subclass 801 application and AUD 11,710 for the combined Subclass 309 and Subclass 100 application. It is paid when the application is lodged.
Other costs depend on the case and usually include health examinations, police certificates, translations and, where requested, biometrics. The guide to partner visa cost and the FAQ on who pays the partner visa fee explain the government charges. A refused sponsor partner from Austria application does not usually lead to a refund of the visa application charge.
What happens after lodgement, and at the permanent stage?
After a sponsor partner from Austria application is lodged, the Department may ask for more information, health examinations and biometrics. Changes such as a new address or passport must be reported. The guides on a section 56 request for more information, on a partner visa change of circumstances and on partner visa processing delays explain what to expect.
A sponsor partner from Austria application is a two-stage process. The permanent Subclass 801 or Subclass 100 visa is assessed later, generally once around two years have passed since the combined application was lodged, with updated evidence that the relationship continues. The guides on the partner visa two-stage process, on Subclass 820 versus Subclass 801 and on partner visa second stage documents explain the second stage.
What if the partner visa is refused?
A refused partner visa can usually be reviewed by the Administrative Review Tribunal. For a Subclass 820 refusal, the applicant in Australia applies. For a Subclass 309 refusal, the visa applicant applies in their own name under regulation 4.02(5)(raa) of the Migration Regulations 1994, not the sponsor. For a Subclass 300 refusal, the Australian sponsor applies. The application must be made within 28 days after the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The FAQ on who applies for review of an offshore refusal explains the difference.
The Tribunal fee for review of a partner visa refusal is AUD 3,727 from 1 July 2026, and half is refunded if the Tribunal sets aside, varies or remits the decision. The guides on the partner visa appeal deadline, on partner visa ART fees and on the ART review process explain the steps. An onshore applicant should also read the guide to the bridging visa after a partner visa refusal.
Tribunal decisions show how specific issues can be looked at again on review. Each case turns on its own facts, and none of these decisions involved an Austrian applicant:
- In *OUEIK (Migration) [2026] ARTA 870*, a Subclass 300 matter, the recorded issues were a genuine intention to marry and live as spouses, relationship evidence, and wedding uncertainty caused by visa processing. The matter was remitted, meaning it was sent back to the Department for reconsideration.
- In *Najem (Migration) [2026] ARTA 575*, a Subclass 309 matter, the recorded issues were the genuine and continuing relationship, a marriage in the home country before the divorce of the sponsor's first marriage was finalised, assessment of the relationship as a de facto relationship, and the nature of commitment. The matter was remitted to the Department.
- In *Akbari (Migration) [2024] AATA 2674*, a Subclass 309 matter, the recorded issues were financial support and regular small money transfers with one nine-month gap, and evidence of regular small transfers was accepted. The matter was remitted to the Department.
The *Najem* issues are a reminder of why the timing of a divorce matters before a marriage abroad. The firm's page on partner visa refusals, the guide to partner visa refusal reasons and the urgent visa refusal review page explain the next steps.
Common mistakes when people sponsor partner from Austria
Most problems in a sponsor partner from Austria matter are avoidable. The mistakes below are the ones that most often lead to delay, invalid applications or refusal.
- Lodging a de facto application before 12 months. Couples who have been together for a long time but have only lived together for a short time can fall short of the 12-month de facto period. Relationship length and de facto relationship length are not the same thing.
- Relying on an Austrian registered partnership to avoid the 12-month rule. Only a registration under a prescribed Australian State or Territory law meets the exception.
- Letting the eVisitor stay run out. An application lodged after the stay ends brings in Schedule 3.
- Travelling on a Bridging visa A. Leaving Australia without a Bridging visa B can stop the partner returning during processing.
- Lodging a Subclass 309 application while the partner is in Australia. The Subclass 309 requires the partner to be outside Australia at the time of application.
- Submitting untranslated German documents. Any part of a document not in English needs a translation.
- Leaving police certificates too late, or getting them too early. Certificates that arrive late delay the decision, and certificates obtained too early can expire.
- Inconsistent statements. The sponsor's and the partner's accounts of how the relationship developed should match.
The guides on partner visa application mistakes, on an invalid partner visa application and on why partner visas get refused explain these issues in more detail. Anyone who wants to sponsor partner from Austria can avoid most of them by planning the order of steps before the partner travels.
How My Migration Lawyers helps sponsors with a partner from Austria
My Migration Lawyers deals with complex partner visa cases and acts in many matters for Australian sponsors whose partners come from overseas, including partners from European countries whose citizens can visit Australia on an eVisitor. The firm is capable of running a sponsor partner from Austria matter from the first strategy decision to the permanent visa.
On a matter where an Australian wants to sponsor partner from Austria, the firm typically:
- checks the partner's current visa and grant conditions, and confirms whether an onshore Subclass 820 application can validly be made before the eVisitor stay ends;
- compares the Subclass 820, Subclass 309 and Subclass 300 options against the couple's plans for work, travel and living arrangements;
- assesses whether an unmarried couple meets the 12-month de facto rule, or whether an Australian State or Territory registration is available and worth pursuing;
- explains how an Austrian marriage or registered partnership will be treated, and what translations are required;
- plans the Austrian criminal record certificate and any other police certificates so they are current when the Department decides;
- checks the sponsor's eligibility and any Division 1.4B limitation before lodgement;
- reviews the couple's own statements and evidence, including Austrian registration confirmations, and asks the couple to correct gaps or inconsistencies; and
- prepares and lodges the application and sponsorship, deals with bridging visa and travel questions, and responds to Department requests.
The firm is led by Principal Lawyer Weiwei Zhang. More about the firm is on the about My Migration Lawyers page and the partner visa lawyers page. The firm acts for sponsors across Australia, including through its partner visa lawyers in Melbourne, partner visa lawyers in Sydney, partner visa lawyers in Brisbane, partner visa lawyers in Canberra, partner visa lawyers in Hobart and partner visa lawyers on the Gold Coast pages, with consultations by video. Where a matter is time critical, such as an eVisitor stay about to end, the firm's urgent partner visa lodgement page explains how urgent matters are handled.
For a couple ready to sponsor partner from Austria, the first step is a consultation to confirm the right visa and the timing. Book a consultation with My Migration Lawyers, or call 1300 040 300.
Frequently Asked Questions
Can my Austrian girlfriend apply for a partner visa while she is in Australia on an eVisitor?
Yes, in most cases. Department policy does not list condition 8503 among the eVisitor conditions, so an Austrian partner on an eVisitor can generally lodge a Subclass 820 application in Australia. The application must be lodged while the eVisitor is still in effect, and the couple must meet the relationship requirements. An unmarried couple generally needs 12 months of de facto relationship before lodging, unless an exception applies. The grant notice should always be checked for the conditions that actually apply.
Is it better to sponsor partner from Austria onshore or offshore?
It depends on the couple's plans. The onshore Subclass 820 lets the couple live together in Australia during processing, usually on a Bridging visa A, but travel needs a Bridging visa B. The offshore Subclass 309 suits a partner who wants to keep working or living in Austria until grant, and the partner must be outside Australia when the visa is granted. For someone who wants to sponsor partner from Austria, the best choice usually turns on work, travel and timing.
How long can my Austrian partner stay in Australia on an eVisitor?
The Department describes the eVisitor as allowing a stay of up to 3 months each time the holder enters Australia, with visits as often as the holder wishes in a 12-month period. A partner planning to lodge a Subclass 820 application in Australia should lodge well before the permitted stay ends. If the stay ends before lodgement, the partner becomes unlawful and a later application must meet the Schedule 3 criteria unless they are waived.
We are not married. Can I still sponsor partner from Austria?
Yes, as de facto partners. The couple must have a mutual commitment to a shared life, a genuine and continuing relationship, and must live together or not live separately and apart on a permanent basis. The de facto relationship must generally have existed for at least 12 months immediately before lodgement. Time living together in Austria can count towards the 12 months. Exceptions include compelling and compassionate circumstances and registration under a prescribed Australian State or Territory law.
Does our Austrian registered partnership count as a marriage for an Australian partner visa?
No. A registered partnership is not a marriage for Australian partner visa purposes, so the couple applies as de facto partners. An Austrian registration also does not meet the registration exception to the 12-month de facto rule, which applies only to prescribed laws of New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. The Austrian registration certificate is still useful evidence of commitment and should be included with a translation.
Can we register our relationship in Australia after lodging the partner visa?
Yes, in some cases. Department policy states that the registration exception does not specify when the registration must happen, so a relationship registered under a prescribed State or Territory law after the application is made, but before it is decided, can meet the exception. A receipt showing that registration has been applied for is not enough. Each register has its own eligibility and residence rules, and Western Australia and the Northern Territory are not on the prescribed list.
How does my partner get an Austrian police certificate for a partner visa?
The Austrian document is the criminal record certificate, called a Strafregisterbescheinigung. Austrian government guidance explains that a simple certificate can be applied for online using ID Austria or an EU Login, or in person at the competent authority where the person lives. A person applying from abroad applies through the local Austrian representation. Austrian guidance states that where there are no convictions, the certificate is issued in German and English.
Does my Austrian partner need police certificates from other European countries?
Possibly. A police certificate is generally needed from each country, other than Australia, where the partner has spent a total of 12 months or more in the last 10 years since turning 16. The time is cumulative, so several stays in the same country can add up. An Austrian partner who studied or worked in another country for that long will usually need a certificate from that country as well as the Austrian certificate.
Do Austrian documents in German need to be translated?
Yes, any part not in English needs an English translation. The Department states that, in Australia, translations should be made by NAATI-accredited translators. Outside Australia, the translation must be completed by a qualified translator who endorses it with their full name, address, telephone number and details of their qualifications and experience. A bilingual certificate, or an international marriage certificate, can reduce the translation needed, but anything left only in German should still be translated.
Can my Austrian partner travel home while the Subclass 820 is being processed?
Yes, but usually only with a Bridging visa B. A Bridging visa A granted after a Subclass 820 application does not allow the holder to leave Australia and return. The partner should apply for a Bridging visa B before travelling and check that the travel period covers the whole trip. Leaving without the right bridging visa can mean the partner cannot return to Australia while the application is processed, which can disrupt the onshore application.
What if my Austrian partner has a Visitor visa with condition 8503 instead of an eVisitor?
Then an onshore Subclass 820 application cannot validly be made unless condition 8503 is first waived. Department policy makes the condition mandatory in the Sponsored Family stream of the Subclass 600 visa and discretionary in the Tourist stream. A waiver is available only in limited circumstances, broadly where compelling and compassionate circumstances beyond the person's control developed after the visa was granted. In that situation, the offshore Subclass 309 is often the safer pathway.
What documents prove a de facto relationship with an Austrian partner?
Useful documents include Austrian confirmations of registration (Meldebestätigung) showing the same address over the same period, joint leases, shared bills, bank statements, insurance, travel records, photographs over time and statements from friends and family on Form 888. Austrian guidance explains that a historical confirmation also lists previous registrations and de-registrations. The couple's own statements should explain when they began living together and any periods spent apart.
How much does it cost to sponsor partner from Austria?
From 1 July 2026, the Department's partner visa application charge is AUD 11,710 for the combined Subclass 820 and Subclass 801 application, and AUD 11,710 for the combined Subclass 309 and Subclass 100 application. Other costs usually include health examinations, police certificates, translations and biometrics where requested. A refused application does not usually lead to a refund of the visa application charge, so the application should be complete and correctly timed before lodgement.
I live in Vienna with my Austrian partner. Can I still sponsor partner from Austria?
Yes. An Australian citizen living overseas can sponsor, provided the couple intends to live together in Australia. The offshore Subclass 309 visa is usually used because the partner is outside Australia at lodgement. The Department will look for evidence of the planned move, such as job applications or a return date. A permanent resident sponsor who has been away for a long time should check that their travel facility is still current before lodging.
My Austrian partner was married before. Does that affect the application?
It can. Any previous marriage or registered partnership must be disclosed, and a divorce or dissolution document should be included. A person cannot validly marry while still married to someone else, so the timing of a divorce matters if the couple has since married. A previous relationship can also be relevant to whether the current relationship is exclusive. Clear documents and an explanation in the relationship statements usually deal with the issue.
Who applies for review if my Austrian partner's visa is refused?
It depends on the visa. For a Subclass 820 refusal, the applicant in Australia applies to the Administrative Review Tribunal. For a Subclass 309 refusal, the visa applicant applies in their own name, not the sponsor. For a Subclass 300 refusal, the Australian sponsor applies. The application must be made within 28 days after the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The Tribunal fee from 1 July 2026 is AUD 3,727, with half refunded if the decision is set aside, varied or remitted.

























