Key Takeaways
- Yes. An eligible Australian sponsor can sponsor partner from Belgium, and because Belgian citizens can use the eVisitor (Subclass 651) or the ETA (Subclass 601), many couples lodge the onshore Subclass 820 while the partner is lawfully in Australia.
- A Belgian legal cohabitation (cohabitation légale or wettelijke samenwoning) does not remove the 12-month de facto requirement. Only a relationship registered with an Australian State or Territory authority does that.
- A Belgian civil marriage that is valid in Belgium is generally recognised in Australia, so married couples do not need to meet the 12-month de facto requirement.
- The Belgian criminal record extract comes from the partner's commune if the partner is registered in Belgium, or from the Central Criminal Record service of the Federal Public Service Justice if the partner is no longer registered there.
- Documents in French, Dutch or German need English translations. A translation made in Australia must be done by a NAATI accredited translator, which matters for onshore applications.
Australians who want to sponsor partner from Belgium usually have a choice that many other couples do not. A Belgian partner can visit Australia on an eVisitor or an Electronic Travel Authority, so a sponsor partner from Belgium application can often be lodged onshore as a Subclass 820 partner visa while the partner is lawfully in Australia.
That choice brings its own questions. Does the visitor visa allow a further application? What happens when the visitor stay runs out? Does a Belgian legal cohabitation count as a registered relationship? How is a Belgian criminal record extract obtained when the partner is already in Australia? Which translations need a NAATI translator? This guide answers each question in order, so that a sponsor partner from Belgium couple can choose the right pathway and prepare the right documents.
The complete guide to partner visas in Australia explains every subclass and stage, and the commercial page on partner visa lawyers explains how My Migration Lawyers runs partner visa matters.
Can you sponsor partner from Belgium while your partner is in Australia?
Yes. An eligible sponsor can sponsor partner from Belgium onshore if the partner is in Australia on a visa that does not prevent a further application. The usual onshore visa is the Subclass 820 Partner (Temporary) visa, which leads to the permanent Subclass 801 visa.
Home Affairs states that the applicant must be in Australia when applying for the Subclass 820 visa, and may be in or outside Australia when the temporary visa is decided. The applicant can apply only if the current or previous visa does not have a condition that prevents further stay, such as condition 8503. Where condition 8503 applies, a waiver must be approved before the application can be made.
The visa application charge for the combined Subclass 820 and Subclass 801 application is AUD 11,710 from 1 July 2026. The guide to the onshore partner visa and the FAQ on help with a Subclass 820 and Subclass 801 partner visa explain the onshore process step by step.
The legal test is the same as for any couple. The sponsor must be eligible, and the couple must show a genuine and continuing relationship as spouses or de facto partners. The FAQ on what a genuine and continuing relationship means explains how the Department of Home Affairs approaches that question.
Which visitor visa can a Belgian partner hold in Australia?
A Belgian citizen can usually visit Australia on an eVisitor (Subclass 651) or an Electronic Travel Authority (Subclass 601). Belgium appears on the eligible passport lists for both.
Home Affairs describes the eVisitor as allowing a visitor to visit Australia as often as they wish in a 12-month period, staying up to 3 months each time. It is free. The applicant must apply from outside Australia and hold a passport from an eligible country. The Electronic Travel Authority is also available to Belgian passport holders. Belgian partners who are not eligible for either, or who need a longer stay, may consider a Visitor (Subclass 600) visa.
For a sponsor partner from Belgium couple, the eVisitor or ETA matters for two reasons. It allows the couple to spend time together in Australia, which builds the relationship evidence. It can also be the visa held when an onshore Subclass 820 application is lodged. The FAQ on visitor visas for spouses and the guide to moving from a tourist visa to a partner visa explain how those two purposes fit together.
Check the grant notice for condition 8503
Every visitor visa grant notice should be read before an onshore application is planned. If condition 8503 "No Further Stay" appears, the partner generally cannot apply for a Subclass 820 in Australia without first obtaining a waiver.
Waivers are limited to compelling and compassionate circumstances that developed after the visa was granted and were beyond the person's control. The FAQ on condition 8503 and partner visas, the article on Subclass 820 and condition 8503 and the guide to requesting an 8503 waiver explain the rules.
The partner must be a genuine visitor at entry
A visitor visa is granted for a visit. A Belgian partner who enters Australia should be entering for a genuine visit, even if the couple later decide to lodge an onshore partner visa.
A couple who plan a sponsor partner from Belgium application should not describe the purpose of travel inaccurately. Accurate answers to visitor visa questions protect the later partner visa, because inconsistent statements can raise credibility issues under public interest criterion 4020. The FAQ on mentioning a partner on a visitor visa application and the guide to partner visas while on a tourist visa explain how to approach this.
Repeated visits before lodging
Some couples who sponsor partner from Belgium spend months together in Australia over several eVisitor entries before deciding to lodge. Each entry is for up to 3 months, and every entry should be a genuine visit.
Those visits are also evidence. Entry and exit dates, shared accommodation during the stay, and time spent with the sponsor's family and friends all help show the relationship. Couples should keep records as they go, rather than trying to rebuild them later. The FAQ on travel together as evidence explains what to keep. A sponsor partner from Belgium couple who plan to lodge during a visit should check that the visa held at that time allows a further application.
Subclass 820 or Subclass 309: which suits a sponsor partner from Belgium couple?
The Subclass 820 suits a couple who are together in Australia and want the partner to stay. The Subclass 309 suits a couple where the partner will remain in Belgium or elsewhere overseas during processing.
The main differences for a sponsor partner from Belgium couple are:
- Where the partner is when applying. The Subclass 820 is lodged in Australia. The Subclass 309 partner visa is lodged while the partner is outside Australia.
- Staying lawful during processing. Home Affairs states that an onshore applicant who held a valid substantive visa when applying is granted a Bridging visa A, which starts if the current visa expires. The guides on the partner visa bridging visa and Bridging visa A explain how this works.
- Travel during processing. A Bridging visa A does not usually allow re-entry after travel. A partner who needs to travel back to Belgium during processing usually needs a Bridging visa B first. The article on the Bridging visa B for partner visa applicants explains the process.
- Work rights. The guide to partner visa work rights explains what applies on a bridging visa and after grant.
The comparison of onshore and offshore partner visas and the FAQ on Subclass 820 versus Subclass 309 cover the trade-offs in more detail. The guide to which partner visa pathway fits helps a couple decide.
Timing the onshore application before the stay ends
The safest time to lodge an onshore sponsor partner from Belgium application is while the partner still holds a valid substantive visa, such as an eVisitor or ETA, and well before the authorised stay ends.
If the visitor stay ends before lodgement, the partner becomes unlawful. An unlawful applicant must then meet the Schedule 3 criteria, which are much harder. The guides on lodging a partner visa before the current visa expires and the Schedule 3 criteria explain the risk. The FAQ on a visa that expires next week explains what can still be done when time is short.
Who can sponsor, and what does the sponsor agree to?
The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, usually aged 18 or over, and the sponsorship must be approved under Division 1.4B of the Migration Regulations 1994.
Division 1.4B limits how many partners a person can sponsor and when. Regulation 1.20J allows no more than two approved partner sponsorships, and generally no new sponsorship within five years of the first sponsored application. A sponsor who was previously sponsored as a partner generally must wait five years from their own application. The page on partner visa sponsorship limitations explains these rules and the waiver for compelling circumstances. Regulation 1.20KC allows the Department to request police checks from the sponsor and deals with relevant offences. The guide to the partner visa sponsor police check explains which checks are used.
The sponsor also gives an undertaking to make sure adequate accommodation is available to the partner and to provide financial assistance for the partner's reasonable living needs if the partner cannot meet them. The guide to partner visa sponsor obligations and the article on the sponsor undertaking explain what that means in practice. Sponsors who are themselves new to Australia should read the guide to sponsoring as a new permanent resident.
Sponsors who met their partner in Belgium
Many Australians who sponsor partner from Belgium met their partner while living or working in Belgium. A sponsor who has spent a total of 12 months or more in Belgium in the last 10 years since turning 16 may be asked for a Belgian criminal record extract as well as an Australian Federal Police check, because regulation 1.20KC allows the Department to request overseas police checks from the sponsor.
A sponsor who lived overseas for a long period should also check that the sponsor's own status is clear and that the sponsor intends to live in Australia with the partner. The guides on sponsors living overseas and sponsors returning to Australia explain how the Department approaches those situations. The article on sponsor documents for a partner visa lists what a sponsor usually provides.
What should a sponsor partner from Belgium couple decide first?
The first decision is where the partner will be when the application is lodged. The second is whether the couple will apply as spouses or de facto partners. Every other step in a sponsor partner from Belgium application follows from those two answers.
A practical order of work looks like this:
- Confirm the sponsor is eligible. Check citizenship or permanent residence, past sponsorships and any criminal history. The guide to partner visa sponsor requirements lists each requirement.
- Check the partner's visa. If the partner is in Australia, read the visitor visa grant for condition 8503 and note the date the authorised stay ends.
- Choose the relationship basis. Married couples apply as spouses. Legally cohabiting or unmarried couples apply as de facto partners and must meet the 12-month requirement or an exception.
- Order the Belgian documents. Birth certificate, marriage or legal cohabitation records, any divorce records and the criminal record extract, each with an English translation.
- Assemble the relationship evidence. Shared address, finances, social recognition, travel and future plans.
- Lodge on time. For an onshore application, lodge while the partner still holds a valid substantive visa.
Following that order avoids the two most expensive mistakes in a sponsor partner from Belgium matter: lodging onshore when the visa does not allow it, and lodging as de facto partners without meeting the 12-month requirement.
Does Belgian legal cohabitation count as a registered relationship for a sponsor partner from Belgium application?
No. A Belgian legal cohabitation does not count as a registered relationship for the purpose of the 12-month de facto exception. Only a relationship registered with an Australian State or Territory authority removes the 12-month requirement.
This is the point most often misunderstood in a sponsor partner from Belgium matter. Home Affairs states that de facto partners usually need to have been in a de facto relationship for at least 12 months immediately before applying. It states that the 12-month requirement does not apply if the couple have registered their relationship with an Australian State or Territory authority, such as a registry of births, deaths and marriages. A Belgian registration is not an Australian State or Territory registration.
The firm's FAQ on overseas registered relationships and partner visas explains that the exception in regulation 2.03A of the Migration Regulations 1994 applies only to relationships registered under a prescribed Australian State or Territory law. An overseas registration does not waive the 12-month de facto requirement.
What a Belgian legal cohabitation is
Legal cohabitation is a status created by a written declaration made by two people to the registrar of their Belgian municipality. Both people must not be married or already in a legal cohabitation with someone else.
The Flemish Government describes legal cohabitation as an arrangement that does not only apply to partners. It can also be made between relatives or other people who live together without a romantic relationship. It can end by mutual agreement, by a written statement from one person to the municipality, by marriage or by death.
That matters for a sponsor partner from Belgium application in two ways. First, a legal cohabitation is not a marriage, so the couple are assessed as de facto partners, not spouses. Second, because the status is open to people who are not in a couple relationship, the certificate on its own does not prove a de facto relationship. It shows a formal commitment and a shared address. The relationship itself still has to be proved.
How the Department treats a Belgian legal cohabitation
A Belgian legal cohabitation is best treated as supporting evidence. It can support a sponsor partner from Belgium application, especially when combined with evidence of a shared home, shared finances and social recognition.
A couple who have been legally cohabiting for more than 12 months, and who have actually lived together as a couple for that period, will usually meet the 12-month requirement through their real shared life, not through the registration. A couple who registered recently, or who registered without living together, must still show 12 months of de facto relationship or rely on another exception. The FAQ on the legal definition of a de facto relationship and the FAQ on when the 12-month de facto period starts explain how the period is counted.
Registering the relationship in Australia instead
A sponsor partner from Belgium couple who do not yet have 12 months of de facto relationship may be able to register the relationship in an Australian State or Territory. Relationship registers exist in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Western Australia and the Northern Territory do not have one.
Each register sets its own residence, identity and signing rules, and some have waiting periods. For a sponsor partner from Belgium couple, the registration generally needs to be in place before the application is lodged. The FAQ on registering a de facto relationship for a partner visa, the FAQ on registering a relationship while on a tourist visa and the FAQ on the waiting period after registering a relationship explain the practical steps. The FAQ on where to register a relationship in Australia lists the registries.
A registration in Australia removes the 12-month requirement. It does not prove that the relationship is genuine. The couple still need evidence across all four areas the Department assesses.
Is a Belgian marriage recognised for a sponsor partner from Belgium application?
Yes, generally. A marriage that was valid under Belgian law where it took place is generally recognised in Australia, unless it is a marriage that Australian law refuses to recognise, for example because one party was already married.
A married sponsor partner from Belgium couple apply as spouses. The 12-month de facto requirement does not apply to spouses. The marriage certificate is still not enough on its own. The couple must also show a genuine and continuing relationship. The guide to whether an overseas marriage is recognised in Australia, the FAQ on valid marriages for a spouse visa and the FAQ on whether a marriage certificate is enough explain the test.
Same-sex couples who married in Belgium are assessed as spouses in the same way, because Australian law recognises same-sex marriages validly entered into overseas. The FAQ on same-sex marriage and the spouse visa explains the position.
Spouse or de facto: the choice for legally cohabiting couples
Some couples who sponsor partner from Belgium have been legally cohabiting for years and then marry shortly before applying. Others remain legally cohabiting and apply as de facto partners.
Both routes lead to the same visa. The difference is which definition the couple must meet, and which evidence carries the weight. The FAQ on spouse versus de facto visas explains how to choose. A couple who marry in Australia while the partner is a visitor should read the FAQ on marrying in Australia on a visitor visa.
Engaged couples and the Subclass 300
A sponsor partner from Belgium couple who are engaged, and who plan to marry in Australia, may consider the Subclass 300 prospective marriage visa instead of applying as de facto partners.
The partner must be outside Australia when applying, the couple must have met in person, and they must intend to marry within the visa period. After the marriage, the partner can apply for the Subclass 820 in Australia. The FAQ on the fiancé visa versus the partner visa and the FAQ on the notice of intended marriage explain the steps.
How does a Belgian partner get a criminal record extract?
A Belgian partner obtains a criminal record extract (extrait de casier judiciaire in French, uittreksel uit het strafregister in Dutch) from the municipality where the partner is registered in Belgium, or from the Central Criminal Record service of the Federal Public Service Justice if the partner is no longer registered in a Belgian municipality.
The Federal Public Service Justice states that a person registered in a Belgian commune requests the extract from that commune, whether it will be used in Belgium or abroad. A person who is no longer registered in a Belgian commune, or has been struck off, requests it from the Central Criminal Record service, by post, by email or in person. Home Affairs also lists the Federal Public Service Justice, Central Criminal Record, in Brussels as the contact point for a Belgium police check.
For an onshore sponsor partner from Belgium application, this detail matters, and it is one of the first documents to order when people sponsor partner from Belgium from within Australia. A partner who has moved to Australia and deregistered from the Belgian commune may need to use the Central Criminal Record service rather than the commune. A partner still registered in Belgium may be able to request the extract from the commune, depending on that commune's own procedure.
Other countries the partner has lived in
A partner aged 16 or over generally needs a police certificate from every country where the partner has spent a total of 12 months or more in the last 10 years. Many Belgian partners have studied or worked in other European countries. Each of those countries may need its own certificate. A partner who has already spent 12 months or more in Australia may also need an Australian Federal Police check.
The guide to overseas police certificates for partner visas, the FAQ on police checks for partner visas and the article on the AFP police check for partner visas explain which certificates are required. Police certificates are generally treated as valid for 12 months, so the timing should be planned. The FAQ on how long police certificates remain valid explains this.
Belgian municipal registration as relationship evidence
Belgian residents are registered at their address with their municipality. A certificate of residence or household composition from the commune can show that both partners were registered at the same address, and from when.
For a sponsor partner from Belgium couple who lived together in Belgium, that document can help prove the start date of the shared household, which matters for the 12-month de facto requirement. It should be translated and read together with leases, bills and other records. The guide to household evidence for a partner visa explains how household documents are weighed. The FAQ on what counts as living together explains the Department's approach to cohabitation.
Do French, Dutch or German documents need to be translated?
Yes. Every document that is not in English must be provided with an English translation, together with the original.
Belgium has three official languages, and in a sponsor partner from Belgium application the Belgian documents are commonly issued in French, Dutch or German depending on the region and the issuing office. Birth certificates, marriage certificates, legal cohabitation certificates, divorce records, criminal record extracts and municipal registration certificates all need translation if they are not in English.
Home Affairs states that translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). Translators outside Australia do not have to be accredited, but each translation must include the translator's full name, address and telephone number, and qualifications and experience in the language, in English. For an onshore sponsor partner from Belgium application, where the couple are in Australia and arrange translations here, the translator must be NAATI accredited.
The guide to partner visa evidence translation and the FAQ on translating a marriage certificate explain what to translate in full. Messages exchanged in French or Dutch only need a representative sample translated. The FAQ on translating messages for a partner visa explains the approach.
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Health examinations and biometrics for a Belgian partner
A Belgian partner must complete health examinations when asked, using a Home Affairs approved panel physician. Where the application is lodged onshore, the examinations are done with a panel clinic in Australia.
For an offshore sponsor partner from Belgium application, Home Affairs lists Centre Médical Meiser in Schaerbeek, Brussels, as the panel clinic for medical and radiology examinations in Belgium. A partner who is overseas when asked uses an approved panel physician in the country where the partner is. Home Affairs advises checking visa processing times before completing health examinations, because the results are valid for a limited period. The article on the partner visa medical examination and the guide to partner visa health requirements explain the process.
Home Affairs does not list an Australian Biometrics Collection Centre in Belgium. If biometrics are requested from a partner overseas, the Department's letter will say whether the partner must attend a centre, which may be in another country, or can use the Australian Immi App. An onshore applicant who is asked for biometrics attends a collection appointment in Australia. The article on partner visa biometrics explains what to expect.
The Australian Embassy in Brussels does not process visa or citizenship applications. Visa enquiries go to the Department of Home Affairs. A sponsor partner from Belgium application is lodged online through ImmiAccount, as the guide to creating an ImmiAccount explains.
What evidence works for couples who lived together in Belgium?
Couples who sponsor partner from Belgium after living together there usually have strong household evidence. The task is to present it clearly, translated, and across all four areas the Department assesses: financial aspects, the nature of the household, social aspects and the nature of the commitment.
Useful evidence in a sponsor partner from Belgium file often includes:
- Shared address records. A lease or property title in both names, utility bills and municipal registration showing both partners at the same address. The FAQ on lease evidence in both names and the guide to household evidence explain what helps.
- The legal cohabitation declaration or certificate. Translated, as evidence of a formal and public commitment, while recognising that it does not by itself prove a de facto relationship.
- Joint finances. Joint bank accounts, shared bills, shared insurance and transfers between the partners. The guide to partner visa financial evidence and the FAQ on joint bank accounts explain the approach.
- Social recognition. Form 888 statements from Australian citizens or permanent residents who know the couple, and statements from family and friends in Belgium. The guide to Form 888 witness statements explains who can provide them.
- Travel together. Records of trips taken together, which the article on partner visa travel evidence explains how to present.
A sponsor partner from Belgium couple who have spent periods apart, for example while the sponsor returned to Australia, should explain the separation and show how the relationship continued. The guide to temporary separation and partner visas and the FAQ on the 12-month period and time apart explain how the Department treats time apart.
Each partner also writes a relationship statement. The guide to relationship statements for a partner visa explains what the statements should cover.
Why do sponsor partner from Belgium applications get refused?
A sponsor partner from Belgium application is usually refused for the same reasons as any partner visa: the Department is not satisfied that the relationship is genuine and continuing, the de facto requirements are not met, the sponsorship is not approved, or the applicant was not eligible to apply onshore.
Specific risks for a sponsor partner from Belgium couple include treating the Belgian legal cohabitation as an exemption from the 12-month rule, lodging onshore on a visa with condition 8503, and lodging after the visitor stay has ended. The guide to why partner visas get refused and the FAQ on a de facto visa refused under the 12-month rule explain those risks. The commercial page on partner visa refusals explains how the firm handles a refusal.
Review by the Administrative Review Tribunal
A Subclass 820 refusal can usually be reviewed by the Administrative Review Tribunal (ART) if the application was made in Australia and was valid. For a Subclass 309 refusal, the visa applicant applies for review in their own name under regulation 4.02(5)(raa) of the Migration Regulations 1994, not the Australian sponsor. For a Subclass 300 refusal, the Australian sponsor applies. The FAQ on who applies for review of an offshore refusal explains the difference. The deadline is 28 days after the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The ART fee 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 ART review process and the partner visa appeal deadline explain the steps. An onshore applicant whose application is refused should also read the guide to a partner visa refused onshore, because the bridging visa position changes after refusal.
Tribunal decisions on sponsorship and evidence
Published Tribunal decisions show how sponsorship and evidence issues are decided. Each case turns on its own facts. None of the following decisions is connected with Belgium, and each is described only by the issues recorded for it.
- 2451138 (Migration) [2025] ARTA 2252. A Subclass 309 refusal involving the sponsorship limitation, compelling circumstances, a sponsor who had been the victim of family violence in previous relationships, and family medical conditions. The matter was remitted, which means it was sent back to the Department for reconsideration.
- ZHANG (Migration) [2025] ARTA 2853. A Subclass 309 refusal involving the genuine and continuing relationship, where no documentation or submissions were provided with the application, and where the couple were validly married. The matter was remitted to the Department.
- HOWLADER (Migration) [2024] AATA 865. A Subclass 309 refusal involving a valid marriage in the home country, a small wedding before the sponsor's departure, and financial support, communication and two visits. The matter was remitted to the Department.
The ZHANG decision is a reminder that an application lodged without documents or submissions is exposed to refusal at the first stage. The 2451138 decision is a reminder that the sponsorship limitation can, in some cases, be waived where compelling circumstances exist. The guide to partner visa ART evidence explains how evidence is presented on review.
Requests for more information
Before deciding, the Department may ask for more information under section 56 of the Migration Act 1958, or invite comment on adverse information under section 57. In a sponsor partner from Belgium matter, requests often concern a missing criminal record extract, an untranslated document or the start date of the de facto relationship.
A request is not a refusal. It is a chance to fill the gap before a decision is made. The response should answer exactly what was asked and be lodged before the deadline. The guides on section 56 requests and section 57 natural justice letters explain each type of letter.
Common traps for a sponsor partner from Belgium onshore application
Most problems in an onshore sponsor partner from Belgium application come from timing and assumptions, not from the relationship itself. Each of the traps below can lead to a refusal or an invalid application for people who sponsor partner from Belgium.
- Relying on legal cohabitation for the 12-month rule. It does not satisfy the Australian registration exception.
- Missing condition 8503. The visitor visa grant notice should be checked before any onshore plan is made.
- Letting the visitor stay run out. Lodging after the authorised stay ends brings in Schedule 3. The guide to the Schedule 3 criteria for overstayers explains why this is so serious.
- Travelling on a Bridging visa A. Leaving Australia without a Bridging visa B can end the bridging visa. The FAQ on leaving Australia without a Bridging visa B explains the consequence.
- Translations done in Australia by a translator who is not NAATI accredited. These may not be accepted.
- An invalid application. The guide to invalid partner visa applications explains how applications become invalid.
The article on partner visa application mistakes lists other common errors.
Can children be included when you sponsor partner from Belgium?
Yes. A partner's dependent children can usually be included in the same Subclass 820 or Subclass 309 application, provided they meet the definition of a dependent child and the health and character requirements.
Each child needs a birth certificate with an English translation. Children aged 16 or over need their own police certificates. Where a child is moving to Australia without the other parent, the other parent's consent or a court order is usually needed. In a sponsor partner from Belgium application that includes children, that consent is often the document that takes the longest. The guide to adding children to a partner visa and the article on child custody and consent explain the requirements.
What happens after the Subclass 820 is granted?
After the Subclass 820 is granted, the partner holds a temporary partner visa and can live, work and study in Australia while the permanent Subclass 801 is assessed. The sponsor partner from Belgium process continues to the second stage.
The permanent stage is generally assessed about two years after the combined application was lodged. The couple provide updated evidence that the relationship continues, and the sponsor may be asked for further information. The article on the partner visa two-stage process, the comparison of the Subclass 820 and Subclass 801 and the article on second stage documents explain what is needed.
How My Migration Lawyers helps Australians who sponsor partner from Belgium
My Migration Lawyers acts for many Australian sponsors with partners from Europe, including couples who choose between an onshore Subclass 820 and an offshore Subclass 309. The firm deals with complex partner visa cases and is capable of handling the timing, visa condition and registration questions that arise when Australians sponsor partner from Belgium.
On a sponsor partner from Belgium matter, the firm's work usually includes:
- Checking the visitor visa first. Reading the eVisitor, ETA or Visitor visa grant for condition 8503 and the authorised stay, and setting a lodgement date that keeps the partner lawful.
- Choosing the subclass. Confirming whether the Subclass 820, Subclass 309 or Subclass 300 fits the couple's situation.
- Assessing the relationship basis. Advising whether the couple apply as spouses or de facto partners, how a Belgian legal cohabitation is treated, and whether an Australian registration is needed to meet the 12-month requirement.
- Planning the criminal record extracts. Identifying whether the Belgian extract comes from the commune or the Central Criminal Record service, and which other countries need certificates.
- Managing translations. Checking that French, Dutch and German documents are fully translated by a translator who meets the Home Affairs rules.
- Presenting the evidence. Organising the couple's own account and documents across the four areas the Department assesses. The couple review and correct their statements before anything is lodged.
- Bridging visas, requests and review. Advising on Bridging visa A and Bridging visa B, answering requests for information, and acting on Tribunal review if needed.
The firm's Principal Lawyer, Weiwei Zhang, oversees partner visa matters. Couples can work with the firm online from anywhere in Australia, including through the partner visa lawyers in Sydney, partner visa lawyers in Melbourne and partner visa lawyers in Perth pages. The about page explains how My Migration Lawyers works, and the FAQ on onshore partner visa lawyers explains the firm's onshore service.
Australians who want to sponsor partner from Belgium can start with a consultation to confirm the visa pathway, the relationship basis and the document plan. Book a consultation with My Migration Lawyers, or call 1300 040 300.
Frequently Asked Questions
Can I sponsor partner from Belgium while they are in Australia on an eVisitor?
Yes, usually. A Belgian partner on an eVisitor can apply for the onshore Subclass 820 visa if the eVisitor does not have condition 8503 or any other condition that prevents a further application. The application should be lodged while the eVisitor is still valid and before the authorised stay ends. Home Affairs states that an applicant who held a valid substantive visa when applying is granted a Bridging visa A, which starts if the current visa expires. The sponsorship must also be approved.
Can a Belgian citizen use the ETA instead of the eVisitor?
Yes. Belgium appears on the eligible passport lists for both the eVisitor (Subclass 651) and the Electronic Travel Authority (Subclass 601). The eVisitor is free and allows visits as often as the holder wishes in a 12-month period, staying up to 3 months each time. Whichever visa is used, the grant notice should be checked for condition 8503 before an onshore partner visa is planned, and the partner should enter Australia for a genuine visit.
Does Belgian legal cohabitation remove the 12-month de facto requirement?
No. The 12-month exception applies only where the relationship is registered with an Australian State or Territory authority. A Belgian legal cohabitation, cohabitation légale or wettelijke samenwoning, is not an Australian registration. It can still be useful evidence of a formal commitment and a shared address. A couple who have actually lived together as partners for 12 months or more will usually meet the requirement through their shared life. Otherwise, an Australian registration or another exception may be needed.
Are legally cohabiting couples treated as married for a partner visa?
No. A Belgian legal cohabitation is not a marriage, so legally cohabiting couples apply as de facto partners, not as spouses. The Flemish Government notes that legal cohabitation can also be made between relatives or others who live together without a romantic relationship. For that reason the certificate alone does not prove a de facto relationship. The couple must show a mutual commitment to a shared life, a genuine and continuing relationship and that they live together or do not live apart permanently.
Is our Belgian marriage recognised in Australia?
Generally yes. A marriage that was valid under Belgian law where it took place is generally recognised in Australia, unless it is a marriage Australian law refuses to recognise, such as one where a party was already married. Same-sex marriages validly entered into overseas are also recognised. Married couples apply as spouses, so the 12-month de facto requirement does not apply. The marriage certificate must be translated if it is not in English, and the couple must still prove a genuine relationship.
How does my Belgian partner get a criminal record extract from Australia?
It depends on whether the partner is still registered in a Belgian municipality. The Federal Public Service Justice states that a person registered in a Belgian commune requests the extract from that commune. A person no longer registered in a Belgian commune requests it from the Central Criminal Record service, by post, by email or in person. A partner who has moved to Australia and deregistered will often need to use the Central Criminal Record service. The extract must be translated into English.
Do French or Dutch documents need a NAATI translator?
Only if the translation is done in Australia. Home Affairs states that translators in Australia must be NAATI accredited. Translators outside Australia do not need accreditation, but each translation must show the translator's full name, address, telephone number and qualifications and experience in the language, in English. Couples lodging onshore who arrange translations in Australia should use a NAATI accredited translator. The original document must be provided with the translation.
Should we apply onshore or offshore to sponsor partner from Belgium?
It depends on where the couple want to be during processing. The onshore Subclass 820 suits couples who are together in Australia and whose partner holds a visa that allows a further application. The offshore Subclass 309 suits couples where the partner will stay in Belgium or elsewhere until grant. Both have the same visa application charge of AUD 11,710 from 1 July 2026. Travel needs, work, condition 8503 and the length of the visitor stay all affect the choice.
What happens if my partner's eVisitor stay ends before we lodge?
The partner becomes an unlawful non-citizen once the authorised stay ends without another visa. An onshore partner visa can still be lodged in some cases, but the applicant must then meet the Schedule 3 criteria, which are much harder to satisfy, and will not hold a substantive visa when applying. Lodging while the eVisitor is still valid avoids that problem. A couple who are close to the end of the stay should get advice before the date passes.
Can my Belgian partner travel home while the Subclass 820 is processed?
Yes, but usually only with a Bridging visa B. A Bridging visa A generally does not allow the holder to return to Australia after travelling. A partner who leaves Australia without a Bridging visa B can lose the bridging visa and may not be able to return to continue the application in Australia. The Bridging visa B is applied for before travel, and the reasons for travel and the dates should be set out clearly in the application.
Can we register our relationship in Australia to avoid the 12-month rule?
Often, yes. Relationship registers exist in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Western Australia and the Northern Territory do not have one. Each register sets its own residence, identity and signing rules, and some have waiting periods. The registration generally needs to be in place before the partner visa is lodged. A registration removes the 12-month requirement but does not prove the relationship is genuine.
Which police certificates does a Belgian partner need?
A partner aged 16 or over generally needs a police certificate from every country where the partner has spent a total of 12 months or more in the last 10 years. For most Belgian partners that includes a Belgian criminal record extract. Partners who have studied or worked in other countries may need certificates from those countries too, and a partner who has spent 12 months or more in Australia may need an Australian Federal Police check. Certificates are generally treated as valid for 12 months.
Where does a Belgian partner do the health examination?
With a Home Affairs approved panel physician in the country where the partner is when asked. For an onshore Subclass 820 application, that means a panel clinic in Australia. For a partner in Belgium, Home Affairs lists Centre Médical Meiser in Schaerbeek, Brussels, for medical and radiology examinations. Home Affairs suggests checking visa processing times before completing health examinations, because the results are valid only for a limited period.
Does the Australian Embassy in Brussels process partner visas?
No. The Australian Embassy in Brussels states that it does not process visa or citizenship applications, and directs visa enquiries to the Department of Home Affairs. Partner visas are lodged online through ImmiAccount and decided by the Department. Home Affairs states that applicants do not need to attend an embassy or consulate to apply. A couple who sponsor partner from Belgium therefore deal with the Department online, whether they lodge onshore or offshore.
What evidence helps if we lived together in Belgium?
Evidence of the shared home is usually the strongest starting point. Useful documents include a lease or title in both names, utility bills, municipal registration showing both partners at the same address, joint bank accounts and shared expenses. A legal cohabitation certificate can support the claim. Statements from friends and family, and Form 888 statements from Australian citizens or permanent residents who know the couple, cover the social side. All non-English documents need English translations.
Can a refused Subclass 820 application be reviewed?
Usually, yes. A refused Subclass 820 application made validly in Australia can generally be reviewed by the Administrative Review Tribunal. The application for review must be lodged within 28 days after the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The ART fee is AUD 3,727 from 1 July 2026, and half is refunded if the Tribunal sets aside, varies or remits the decision. New evidence can be provided to the Tribunal.
























