Sponsoring a Partner From Canada

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 15, 2026
28 min read
Reading Time
28 min read
Table Of Contents

Key Takeaways

  • To sponsor partner from Canada, the Australian partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen whose sponsorship is approved at the time the visa is decided.
  • Many Canadian partners are already in Australia, often on a working holiday visa, so the onshore Subclass 820 and Subclass 801 pathway is common, but the visa they hold must not carry a No Further Stay condition and the application should be lodged before that visa ends.
  • A Canadian common-law relationship is not automatically a de facto relationship under Australian law. The couple must still meet the Australian de facto definition, including the 12-month rule unless an exception applies.
  • A Canadian partner's police certificate is a fingerprint-based certified criminal record check processed by the Royal Canadian Mounted Police, and an Australian sponsor who lived in Canada for 12 months or more may be asked for one too.
  • The Partner visa application charge for the main applicant is AUD 11,710 at the time of writing, and a refusal can be reviewed by the Administrative Review Tribunal if the application is made within 28 days after the decision is notified.

If you plan to sponsor partner from Canada, the law treats you, the Australian partner, as the sponsor and your Canadian partner as the visa applicant. To sponsor partner from Canada you must be an eligible sponsor, your relationship must be genuine and continuing, and your partner must meet health and character requirements. The visa is assessed by the Department of Home Affairs under the Migration Act 1958 and the Migration Regulations 1994.

This guide is written for the Australian sponsor. It explains how a sponsor partner from Canada application actually works in practice. It covers the choice between an onshore and an offshore visa, the common situation where the Canadian partner is already in Australia on a working holiday visa, the difference between a Canadian common-law partnership and an Australian de facto relationship, Canadian marriage certificates, the RCMP fingerprint-based police certificate, the sponsor's own police checks, evidence, costs, refusal risks and review. The firm's partner visa lawyers page explains how My Migration Lawyers acts for sponsors and applicants across Australia.

The Department does not apply a separate rule set because the applicant is Canadian. The same partner visa criteria apply to every nationality. What changes is the practical detail: where the couple met, which visa the Canadian partner holds, which documents exist in Canada, and how they are obtained. That detail is what decides whether a sponsor partner from Canada application is easy to assess or slow and risky. For the wider picture of every pathway, the complete guide to partner visas sets out each subclass, and the firm's article on the Australian partner visa for Canadian citizens is written from the applicant's side.

Can an Australian sponsor partner from Canada?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Canada for an Australian partner visa, provided the sponsor meets the sponsorship rules and the relationship meets the legal definition of a spouse or de facto partner.

The partner visa is a two-stage visa. The first stage is temporary. The second stage is permanent. The Department assesses the second stage about two years after the combined application was lodged. A single application, and a single visa application charge, covers both stages. The two-stage partner visa process explains how the stages connect, and the answer on whether a partner visa is permanent residency explains when permanent status begins.

The relationship can be a marriage or a de facto relationship. The couple can be of the same sex or of different sexes. Canada has recognised same-sex marriage for many years, and Australia recognises a valid same-sex marriage made overseas in the same way as any other valid marriage. The firm's LGBTI partner visa page explains how same-sex couples are assessed.

Who is eligible to sponsor partner from Canada?

The sponsor must be at least 18, must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must not be caught by the sponsorship limitations in the Migration Regulations 1994.

The limitations are where most sponsor problems arise. Regulation 1.20J limits a person to two partner sponsorships in a lifetime. It also prevents a sponsor from sponsoring again within five years of a previous partner sponsorship, or within five years of the sponsor's own grant of a partner visa. The Department can approve the sponsorship despite these limits where there are compelling circumstances, for example where the sponsor and applicant have a child together. The firm's sponsorship limitations page explains how these rules are applied, and the guide on partner visa sponsorship limitations sets out each limit.

Other limitations can apply. Regulation 1.20KA deals with a sponsor who was granted a Contributory Parent visa. Regulation 1.20KB deals with sponsors where a child is included in the application and the sponsor has a conviction for a child-related offence. Regulations 1.20KC and 1.20KD, which apply to Subclass 300, Subclass 309 and Subclass 820 applications from 18 November 2016, allow the Department to request sponsor police checks and require refusal of the sponsorship where the sponsor has a significant criminal record for a relevant offence, subject to a discretion.

To sponsor partner from Canada, the sponsor lodges a sponsorship using Form 40SP, usually online and linked to the visa application. The guide on Form 40SP for a partner visa explains that step, and the guide on partner visa sponsor eligibility explains each eligibility rule. A sponsor who is a permanent resident should read the guide for a permanent resident partner visa sponsor, and a sponsor who is a New Zealand citizen should read the guide for a New Zealand citizen partner visa sponsor.

Sponsorship approval is decided at the time of decision, not only at lodgement. A sponsor who becomes subject to a limitation, or who stops responding to Department requests, can still cause a refusal after lodgement. The guide on partner visa sponsor obligations explains what the sponsor undertakes.

Onshore or offshore: which visa do you need to sponsor partner from Canada?

The visa depends on where your Canadian partner is when the application is lodged. If your partner is in Australia, the usual pathway is the onshore Subclass 820 and Subclass 801. If your partner is outside Australia, the usual pathway is the offshore Subclass 309 and Subclass 100. If you are engaged but not yet married, the Subclass 300 Prospective Marriage visa may fit.

  • Partner in Australia, holding a visa without a No Further Stay condition: the Subclass 820 then Subclass 801. Lodge before the current visa ends to avoid Schedule 3.
  • Partner in Canada or elsewhere overseas: the Subclass 309 then Subclass 100. The partner must be outside Australia when the visa is granted.
  • Engaged couple intending to marry: the Subclass 300. The couple marry within the visa period, then apply for Subclass 820.

The choice is not just a matter of convenience. An onshore Subclass 820 applicant usually receives a bridging visa that allows them to remain in Australia while the application is processed. An offshore Subclass 309 applicant can visit Australia while waiting, but must be outside Australia when the visa is granted. The guide comparing an onshore and offshore partner visa explains the trade-offs, and the answer comparing Subclass 820 and Subclass 309 sets out the differences.

Couples who want to sponsor partner from Canada often move between the two countries before they decide. Some lived together in Canada while the Australian partner was working there. Others met in Australia while the Canadian partner was travelling. The right pathway is the one that matches where the Canadian partner will realistically be when the application is lodged, and where they need to be when it is decided. The guide on which partner visa pathway fits helps couples decide.

Can you sponsor partner from Canada while they hold a working holiday visa?

Yes, usually. Many couples who sponsor partner from Canada met while the Canadian partner was in Australia on a Working Holiday visa, and an onshore Subclass 820 application can often be lodged while that visa is still in effect.

Three questions decide whether that works.

  • Does the current visa have a No Further Stay condition? Condition 8503 prevents the holder from making most visa applications in Australia. A working holiday visa does not usually carry it, but the visa grant notice must be checked. The guide to Subclass 820 and condition 8503 explains the effect, and the guide on a partner visa 8503 waiver explains when a waiver is possible.
  • Is the current visa still in effect? An applicant who lodges while holding a substantive visa avoids the Schedule 3 criteria. An applicant who lodges after their visa expires, or while holding a bridging visa other than a Bridging A, B or C, must meet Schedule 3 criteria, which usually require compelling reasons. The guide on Schedule 3 criteria for a partner visa explains why this matters.
  • Does the relationship meet the legal definition today? A couple who have only recently met may not yet meet the de facto requirements. The next section explains that issue.

A Canadian partner whose working holiday visa is close to ending should not wait for "more evidence". The safer course is usually to lodge a complete application on time and add evidence later. The guide on a partner visa while on a working holiday visa explains the timing, and the firm's urgent partner visa lodgement page explains how short deadlines are handled. The answer on a partner visa when the visa expires next week addresses the most urgent cases.

Lodging on time also matters for the bridging visa. An applicant who lodges a valid Subclass 820 application while holding a substantive visa will usually be granted a Bridging visa A, which comes into effect when the substantive visa ends. The guide on partner visa bridging visas explains how this works.

Is a Canadian common-law relationship a de facto relationship in Australia?

No, not automatically. A couple who are common-law partners under Canadian law must still meet the definition of a de facto relationship in section 5CB of the Migration Act 1958 and the Migration Regulations 1994.

This is one of the most common misunderstandings when couples sponsor partner from Canada. Canadian law and Canadian immigration rules use the term "common-law partner". The term has its own meaning in Canada. Australia does not adopt it. The Department looks only at the Australian test.

Under Australian law, a de facto relationship exists where the couple have a mutual commitment to a shared life as a couple to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. In addition, the regulations require the couple to have been in the de facto relationship for at least 12 months immediately before the application, unless an exception applies. The guide on de facto partner visas in Australia explains the definition, and the answer on when the 12-month de facto period starts explains how it is counted.

The main exceptions are compelling and compassionate circumstances, and registration of the relationship under a law of an Australian state or territory. A relationship registered in an Australian state or territory can remove the 12-month requirement. A Canadian common-law status cannot do that, because it is not a registration under Australian state or territory law. Couples who sponsor partner from Canada and who have lived together for less than 12 months often consider registering their relationship in Australia. The guide on registering a de facto relationship for a partner visa explains the process, and the answer on registering a relationship while the partner is overseas addresses a common practical problem.

Evidence that the couple lived together in Canada can still be very useful. A Canadian lease, shared utility accounts, joint bank records and Canadian tax documents that show a shared address are all evidence of the nature of the household. The point is simply that the label "common-law" does not replace that evidence. The answer on living together overseas for 12 months explains how time abroad is counted.

Canadian marriage certificates and documents from Quebec

A Canadian marriage is generally recognised in Australia if it was valid where it took place and would be recognised under Australian law. The couple prove the marriage with the official marriage certificate from the Canadian province or territory where the marriage was registered.

Marriage records in Canada are held by provincial and territorial authorities, not by a single national registry. A couple who married in Ontario obtain the certificate through Ontario. A couple who married in British Columbia obtain it through British Columbia. A souvenir certificate signed at the ceremony is not the same as the registered record, and the Department expects the official document. The guide on whether an overseas marriage is recognised in Australia explains the test, and the guide on the partner visa marriage certificate explains what the Department looks for.

A marriage certificate alone does not prove a genuine relationship. The Department still assesses the relationship on all the evidence. The answer on whether a marriage certificate is enough for a spouse visa explains why.

Documents issued in Quebec, and some documents from other provinces, may be in French. Any document that is not in English must be provided with an accurate English translation. The guide on partner visa evidence translation explains how translations are prepared. Where names are spelt differently across Canadian and Australian documents, or a partner changed their name after marriage, the inconsistency should be explained rather than left for the case officer to find. The answer on different names and dates in documents explains how this is done.

If either partner was married before, the earlier marriage must have ended before the new marriage. A Canadian divorce order, or an Australian divorce order, is needed to show that. The guide on a partner visa after divorce and the guide on a partner visa while still married explain the position where a divorce is complete or still pending.

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

How does a Canadian partner get an RCMP police certificate?

A Canadian partner obtains a certified criminal record check, which is a fingerprint-based check processed by the Royal Canadian Mounted Police. A name-based check from a local police service is a different document.

The Government of Canada explains that fingerprints must be submitted electronically to the RCMP's Canadian Criminal Real Time Identification Services, and that paper submissions sent directly will not be processed. A person inside Canada can usually have fingerprints taken at a local police service or by a private fingerprinting company accredited by the RCMP.

A Canadian partner who is already in Australia faces an extra step. The RCMP states that a certified criminal record check can be applied for from outside Canada. The person obtains a paper copy of their fingerprints from an authorised agency in the country where they are, for example a police service, and then uses an RCMP-accredited fingerprinting company in Canada to convert the prints to digital form and submit the application electronically. The RCMP says the fingerprints and application must not be mailed directly to it.

This process takes time. In a sponsor partner from Canada matter, a Canadian partner who will lodge a Subclass 820 application in Australia should start the RCMP check early, rather than waiting for a request from the Department. A sponsor partner from Canada application is often delayed by nothing more than this one certificate.

When you sponsor partner from Canada, Australian character requirements ask the applicant for a police certificate from each country where they lived for 12 months or more in the last 10 years since turning 16. A Canadian partner who also lived in the United States, the United Kingdom or another country for that long will need a certificate from that country too. The applicant will also usually need an Australian Federal Police check if they have spent time in Australia. The guide on partner visa overseas police certificates explains the general rules, the guide on the partner visa AFP police check explains the Australian check, and the answer on what to do if you cannot get a police certificate explains the options when a certificate is genuinely unobtainable.

Police certificates have a limited validity period for Department purposes, and timing them is part of planning to sponsor partner from Canada. A certificate obtained too early may expire before the decision. The guide on partner visa expired police checks explains when to update them, and the answer on police certificate and health check validity explains the timing.

Does the Australian sponsor need a Canadian police check?

Possibly. If the Australian sponsor lived in Canada for 12 months or more, in total, in the relevant period since turning 16, the Department can ask the sponsor for a Canadian police check as part of the sponsorship assessment.

This affects many people who sponsor partner from Canada, because many Australian sponsors met their partner while living and working in Canada. Under regulation 1.20KC, the Department can request from the sponsor an Australian National Police Check and a police check from each country where the sponsor has lived for 12 months or more. The 12 months is cumulative. Two separate stays of seven months each in Canada can add up to more than 12 months.

For a sponsor partner from Canada application, the sponsor's Canadian check is obtained in the same way as the applicant's. A sponsor who is now in Australia will usually need to have fingerprints taken in Australia and then use an RCMP-accredited company in Canada to submit them electronically. The sponsor should start early. Department policy treats 28 days as a reasonable time to respond to a request for sponsor police checks, or at least to provide evidence that the checks have been requested.

The request for sponsor police checks is sent to the sponsor, not to the visa applicant. Anyone who plans to sponsor partner from Canada should therefore watch their own email closely. A sponsor who ignores it can cause the sponsorship to be refused, even with a clean record. The guide on partner visa sponsor police checks explains which checks are needed, and the guide on a partner visa sponsor police check not provided explains the refusal risk in detail. A sponsor with a past conviction in Canada or Australia should read the guide on a partner visa sponsor criminal record before the checks are sent.

What does the sponsorship assessment look at when you sponsor partner from Canada?

The sponsorship assessment checks that the sponsor is eligible, that no limitation applies, and, where requested, that the sponsor's police checks do not reveal a significant criminal record for a relevant offence.

When you sponsor partner from Canada, the Department will also check your own visa history if you were not born an Australian citizen. A sponsor who became a permanent resident through a partner visa within the last five years is caught by regulation 1.20J unless there are compelling circumstances. A sponsor who previously sponsored another partner within five years is caught in the same way. The guide on partner visa compelling circumstances explains what can justify approval despite a limitation, and the answer on a sponsor who has sponsored before explains when advice is needed.

Anyone who agrees to sponsor partner from Canada also agrees to sponsorship undertakings. These include an undertaking to provide reasonable assistance to the applicant with accommodation and financial needs during the first two years. The guide on the partner visa sponsor undertaking explains what this means. There is no minimum income requirement for most partner sponsors, which the answer on sponsor minimum income for a partner visa confirms.

An Australian citizen living in Canada can still sponsor partner from Canada. The Department will want to see that the couple intend to live together in Australia. The guide on a partner visa sponsor living overseas and the guide on a partner visa sponsor returning to Australia explain how that intention is shown. The answer on an Australian living overseas who sponsors a partner covers the same issue.

What relationship evidence works for a sponsor partner from Canada application?

The evidence must show the four aspects of the relationship in regulation 1.15A: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. The Department weighs all four together.

Couples who sponsor partner from Canada usually have evidence from two countries. That is a strength if it is organised well, and a weakness if it is not. A practical approach in a sponsor partner from Canada application is to prepare evidence period by period: the time together in Canada, any time apart, and the time together in Australia.

  • Financial aspects. Joint bank accounts in Canada or Australia, shared bills, transfers between the partners, and joint purchases. The guide on partner visa financial evidence explains what helps.
  • Nature of the household. Leases in both names, mail at a shared address, and how household tasks and costs are shared. The guide on partner visa household evidence explains this aspect.
  • Social aspects. Friends and family in both countries who know the couple, joint travel, and invitations addressed to both. The guide on partner visa social evidence explains this aspect.
  • Nature of commitment. The length of the relationship, future plans, wills, insurance nominations and contact during periods apart. The guide on partner visa commitment evidence explains this aspect.

The couple each write their own account of the relationship, and both accounts must be consistent with each other and with the documents. The guide on the partner visa relationship statement explains what to include. Supporting statements from friends and family use Form 888. Canadian family members can complete Form 888 statements, but the person signing must be an Australian citizen or permanent resident or eligible New Zealand citizen for the form to meet the requirement, so overseas statements are usually given as additional evidence. The guide on Form 888 for a partner visa explains the rules, and the answer on statements from overseas friends explains how overseas supporters can help.

Couples who sponsor partner from Canada after meeting during a working holiday sometimes have a short relationship and thin documents. That is not fatal, but it needs careful presentation. The guide on a partner visa short relationship and the guide on weak partner visa evidence explain how gaps are handled.

Can your Canadian partner visit Australia while a Subclass 309 is processed?

Yes, usually. A Canadian partner who has lodged an offshore Subclass 309 application can apply to visit Australia while it is being processed. Canadian passport holders are generally eligible to apply for an Electronic Travel Authority (Subclass 601) for short visits, and the Government of Canada advises that Canadians entering Australia without a visa need an ETA.

A visitor visa is granted for a genuine visit, and that rule applies equally when you sponsor partner from Canada. The applicant must intend to leave Australia at the end of the visit. A pending partner visa application does not prevent a visit, but the visitor application must be honest, and a Canadian partner should declare the partner visa application where asked. The answer on visiting Australia while a Subclass 309 is processing explains the rules, and the guide on a visitor visa during partner visa processing covers the risks.

The Subclass 309 visa must be granted while the applicant is outside Australia. A Canadian partner in Australia on a visit when the case officer is ready to decide may need to leave so that the grant can occur. The answer on being outside Australia when a Subclass 309 is granted explains this requirement.

Some couples who sponsor partner from Canada ask whether the Canadian partner can enter on an ETA and then lodge a Subclass 820 application in Australia. That can be possible, but it depends on the conditions attached to the visitor visa. A visitor visa can carry condition 8503. The guide on moving from a tourist visa to a partner visa explains the risks, and the answer on lodging a partner visa while on a tourist visa explains when it can be done.

Health checks and identity documents to sponsor partner from Canada

To sponsor partner from Canada successfully, the Canadian partner must meet the health requirement and must usually provide a valid Canadian passport, a birth certificate and any change of name documents. Health examinations are arranged through the Department's processes once requested.

Canadian birth certificates used in a sponsor partner from Canada application are issued by provincial and territorial authorities, in the same way as marriage records. The applicant should provide the version that shows parents' names where available. The guide on the partner visa document checklist lists the usual documents, and the guide on the partner visa medical examination explains the health process.

A couple who plan to sponsor partner from Canada where the Canadian partner has a significant medical condition should get advice before lodgement. The guide on partner visa health requirements explains when a health waiver may be available. Biometrics may also be requested. The guide on partner visa biometrics explains that step.

The My Migration Lawyers Difference

hand-coins

Affordable Fees

Competitive professional fees make experienced legal representation more accessible.
scale

Complex Matter Capability

Experienced representation when complications arise.
calendar-clock

Instalment Payment Options

Pay professional fees in manageable instalments throughout your matter.
shield-check

Two-Day Cooling-off Period

You receive a two-business-day cooling-off period after signing the costs agreement.

What does it cost to sponsor partner from Canada?

The Partner visa application charge for the main applicant is AUD 11,710 at the time of writing. That charge covers both the temporary and permanent stages of the visa.

There is no separate government charge for the sponsorship itself when it is lodged with the visa application. Additional costs to sponsor partner from Canada arise from police certificates, health examinations, translations and certified documents. The guide on the partner visa cost explains the main components, and the answer on who pays the partner visa fee explains that either partner can pay.

The visa application charge is generally not refunded if the application is refused or withdrawn. That is why preparation matters before a sponsor partner from Canada application is lodged. The guide on the partner visa application review explains how a pre-lodgement review can identify problems early.

What causes refusal when you sponsor partner from Canada?

The most common causes of refusal are an invalid or late application, Schedule 3 problems after a visa has expired, a relationship that does not yet meet the de facto definition, inconsistent evidence, and sponsorship problems that the sponsor did not deal with.

Each of these is avoidable in many cases. The problems that arise most often in a sponsor partner from Canada matter are:

  • Lodging after the working holiday visa has ended. The applicant then has to meet Schedule 3, which is a much harder test. The guide on partner visa Schedule 3 refusal explains how those refusals arise, and the firm's Schedule 3 waivers page explains how the firm acts.
  • Relying on Canadian common-law status. A couple who have lived together for less than 12 months, and who have not registered their relationship in Australia, may not meet the de facto definition at the time of application.
  • Missing or late RCMP checks. The fingerprint process takes time, and an unanswered request can lead to refusal.
  • A sponsor who does not respond. Requests for sponsor police checks go to the sponsor.
  • Inconsistent accounts. Two relationship statements that tell different stories about where the couple lived and when. The guide on partner visa conflicting statements explains the risk.
  • Errors in the application form. Incorrect answers about previous travel or visa history can raise integrity concerns. The guide on partner visa incorrect answers and the guide on partner visa PIC 4020 explain the consequences.

The guide on why partner visas get refused sets out the wider pattern, and the guide on partner visa application mistakes lists the errors that are most often seen.

What happens if the Department asks for more information?

The Department may send a section 56 request for more information, or a section 57 letter inviting comment on adverse information. Both have deadlines, and both should be answered fully.

A section 56 request often asks for updated police certificates, more relationship evidence, or translations. A section 57 letter puts information to the applicant that could be the reason, or part of the reason, for refusal. In a sponsor partner from Canada matter, a section 57 letter sometimes concerns the sponsor, and Department policy limits what the applicant is told about the sponsor's personal information. The guide on responding to a section 56 request and the guide on the section 57 natural justice letter explain how to respond. The answer on how to respond to a section 57 letter gives a practical outline.

Can a refusal be reviewed when you sponsor partner from Canada?

Yes. A refusal of a Subclass 820 or Subclass 309 application can be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the decision is notified.

For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant can apply for review in their own name under section 338(9) of the Migration Act 1958, read with regulations 4.02(4)(saa) and 4.02(5)(raa) of the Migration Regulations 1994, which were inserted in 2023. The Tribunal application fee for a partner visa review is AUD 3,727 at the time of writing.

In a sponsor partner from Canada review, the Tribunal reconsiders the application on the evidence before it at the time of its own decision. New evidence, including updated RCMP certificates and further relationship evidence, can be provided. The firm's partner visa refusals page explains how the firm acts on review, and the guide on the partner visa ART review process explains each step. The guide on the partner visa appeal deadline explains why the 28-day period must be treated as fixed, and the answer on who applies for review of an offshore refusal explains the 2023 change for Subclass 309 refusals.

A Canadian partner in Australia whose Subclass 820 application is refused should act immediately, because the bridging visa is linked to the review period. The guide on a bridging visa after a partner visa refusal explains the timing.

What happens at the second stage after you sponsor partner from Canada?

The Department assesses the permanent Subclass 801 or Subclass 100 visa about two years after the combined application was lodged. The relationship must still be genuine and continuing at that time.

When you sponsor partner from Canada, the couple provide updated evidence of the relationship at the second stage, updated Form 888 statements where relevant, and updated police certificates if requested. A Canadian partner who has since lived elsewhere for 12 months or more may need a new police certificate from that country. The guide on partner visa second stage documents explains what is usually required, and the guide on the sponsor at the second stage explains the sponsor's role. The answer on when to apply for the Subclass 801 explains the timing for onshore applicants.

If the relationship ends before the permanent visa is granted after you sponsor partner from Canada, the applicant may still be eligible in limited situations, including where there is a child of the relationship or where family violence provisions apply. The family violence partner visa lawyers page explains those provisions.

How My Migration Lawyers helps you sponsor partner from Canada

My Migration Lawyers acts for Australian sponsors and their Canadian partners on onshore and offshore partner visa matters, including Subclass 820, Subclass 309 and Subclass 300 applications, sponsorship problems and Tribunal review. The firm deals with complex cases, acts in many matters of this type, and is capable of handling a sponsor partner from Canada application from the first assessment to the final decision.

The work on a sponsor partner from Canada matter typically includes:

  • Checking the Canadian partner's current visa for condition 8503 and its expiry date, and planning lodgement so that Schedule 3 does not apply where that can be avoided.
  • Advising whether the couple meet the Australian de facto definition, rather than relying on Canadian common-law status, and whether relationship registration in an Australian state or territory is needed.
  • Assessing the sponsor's eligibility under regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD, including the sponsor's own visa history and any earlier sponsorship.
  • Planning the RCMP certified criminal record check for the applicant, and for the sponsor where the sponsor lived in Canada for 12 months or more, including fingerprinting from inside Australia.
  • Reviewing Canadian provincial marriage and birth certificates, divorce records and French-language documents from Quebec, and arranging translations where needed.
  • Organising relationship evidence from Canada and Australia across the four aspects in regulation 1.15A, and reviewing each partner's own relationship statement, which the clients write, check and correct.
  • Preparing responses to section 56 requests and section 57 letters.
  • Applying for and presenting Administrative Review Tribunal review where a refusal has been made within the last 28 days.

The firm works with clients in every Australian state and overseas by video. Sponsors in particular cities can read about the firm's partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers in Perth. Partner visa matters at the firm are supervised by Weiwei Zhang, Principal Lawyer. The partner visa FAQ centre answers many common questions, and the contact page explains how to reach the firm.

If you plan to sponsor partner from Canada, whether your partner is in Australia on a working holiday visa or still in Canada, Book a Consultation with My Migration Lawyers, or call 1300 040 300.

Frequently Asked Questions

Can I sponsor partner from Canada if they are in Australia on a working holiday visa?

Yes, in most cases. A Canadian partner who holds a working holiday visa can usually lodge an onshore Subclass 820 application in Australia, as long as the visa does not carry condition 8503 and the application is lodged while the visa is still in effect. Lodging on time usually means the applicant receives a Bridging visa A and avoids the harder Schedule 3 criteria. The couple must also meet the definition of a spouse or de facto partner on the day they lodge, so the timing should be planned rather than left to the last week.

Does Canadian common-law status count as a de facto relationship for an Australian partner visa?

No, not automatically. Australia applies its own de facto definition in section 5CB of the Migration Act 1958. The couple must show a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that they live together or do not live separately on a permanent basis. They usually also need 12 months as de facto partners before lodging, unless an exception applies, such as registration of the relationship in an Australian state or territory. Evidence of living together in Canada still helps prove the relationship.

How does my Canadian partner get a police certificate for an Australian partner visa?

The usual document is a certified criminal record check processed by the Royal Canadian Mounted Police, which is based on fingerprints. Inside Canada, fingerprints can usually be taken at a local police service or by an RCMP-accredited fingerprinting company. From outside Canada, the RCMP says the person obtains a paper set of fingerprints from an authorised agency where they live, then uses an accredited company in Canada to convert and submit them electronically. The fingerprints must not be mailed directly to the RCMP. Starting early avoids delays.

Will I need a Canadian police check as the Australian sponsor?

You may. Under regulation 1.20KC, the Department can ask a sponsor for an Australian National Police Check and a police check from each country where the sponsor lived for 12 months or more, in total, in the relevant period since turning 16. Many Australian sponsors met their partner while living in Canada, so a Canadian check is often requested. The request is sent to the sponsor, not the applicant. Department policy treats 28 days as a reasonable time to provide the checks or evidence that they have been requested.

Is a marriage in Canada recognised in Australia for a partner visa?

Generally yes. A marriage that was valid where it took place is usually recognised in Australia if it would also be recognised under Australian law, for example where neither partner was still married to someone else and both were of marriageable age. The couple prove the marriage with the official certificate from the Canadian province or territory where it was registered, not a souvenir ceremony certificate. A marriage certificate does not prove a genuine relationship by itself, so relationship evidence is still required across all four aspects.

Do French-language documents from Quebec need to be translated?

Yes. Any document provided to the Department that is not in English must come with an accurate English translation. Documents issued in Quebec, such as civil status records, and some documents from other provinces may be in French. The translation should be complete, including stamps and notes, and should match the names and dates in the original. Spelling differences between Canadian and Australian records should be explained in the application so that the case officer does not treat them as an inconsistency or an integrity concern.

Should my Canadian partner apply onshore or offshore?

It depends on where your partner will be when the application is lodged and decided. A partner in Australia on a visa without condition 8503 usually applies for the onshore Subclass 820 and Subclass 801. A partner in Canada or elsewhere overseas usually applies for the offshore Subclass 309 and Subclass 100, and must be outside Australia when the visa is granted. An engaged couple may consider the Subclass 300 Prospective Marriage visa. The right choice depends on visa conditions, expiry dates and the couple's plans.

Can my Canadian partner visit Australia while waiting for a Subclass 309?

Usually yes. Canadian passport holders are generally eligible to apply for an Electronic Travel Authority to visit Australia, and a pending Subclass 309 application does not by itself prevent a visit. The visit must be genuine and the visitor application must be answered honestly. The Subclass 309 visa can only be granted while the applicant is outside Australia, so a partner who is visiting when the case officer is ready to decide may need to depart. Visitor visas can also carry condition 8503, which affects later onshore applications.

How much does it cost to sponsor partner from Canada?

The Partner visa application charge for the main applicant is AUD 11,710 at the time of writing. This one charge covers both the temporary and permanent stages. There is no separate charge for the sponsorship when it is lodged with the visa application. Other costs include the RCMP certified criminal record check and fingerprinting, health examinations, translations and certified copies. The visa application charge is generally not refunded if the application is refused or withdrawn, which is why careful preparation before lodgement is important.

Can I sponsor partner from Canada if I was sponsored on a partner visa myself?

It depends on timing. Regulation 1.20J generally prevents a person from sponsoring a partner within five years of their own grant of a partner visa, and limits a person to two partner sponsorships in a lifetime. The Department can approve a sponsorship despite these limits where there are compelling circumstances, such as a child of the relationship. Sponsorship approval is assessed at the time of decision. A sponsor who may be affected should get advice before lodging, because a refused sponsorship means the visa must be refused.

What relationship evidence do couples from Canada and Australia usually provide?

The evidence must cover the four aspects in regulation 1.15A: financial, household, social and commitment. Couples who lived in both countries often provide Canadian and Australian leases, joint bank records, shared bills, travel records, photographs with family in both countries and evidence of future plans. Each partner writes their own relationship statement, and both must be consistent with the documents. Supporting statements use Form 888, and Canadian family members can give statements as additional evidence. Organising evidence by period, Canada then Australia, makes it easier to assess.

What happens if my Canadian partner's working holiday visa expires before we lodge?

If the applicant lodges an onshore Subclass 820 application after their substantive visa has ended, they must usually meet Schedule 3 criteria. These generally require compelling reasons for not holding a substantive visa, and they are much harder to satisfy. The applicant may also be unlawful and not eligible for a Bridging visa A. If the visa is about to expire, the safer course is usually to lodge a valid, complete application before the expiry date and provide further evidence after lodgement. Urgent advice is important in this situation.

Can a same-sex couple from Canada apply for an Australian partner visa?

Yes. Australian partner visas are available to same-sex and different-sex couples on the same terms. A valid same-sex marriage made in Canada is recognised in Australia in the same way as any other valid overseas marriage, so the couple can apply as spouses. Couples who are not married can apply as de facto partners if they meet the Australian definition. The relationship is assessed on the same four aspects, and the sponsor must meet the same eligibility rules and limitations as any other sponsor.

Can a refused sponsor partner from Canada application be reviewed?

Yes. A refused Subclass 820 or Subclass 309 application can be reviewed by the Administrative Review Tribunal, and the review application must be made within 28 days after the decision is notified. For a Subclass 820 refusal the applicant applies. For a Subclass 309 refusal, the visa applicant can apply in their own name under changes made in 2023. The Tribunal fee for a partner visa review is AUD 3,727 at the time of writing. New evidence, such as updated RCMP certificates, can be given to the Tribunal.

Does my Canadian partner need new police certificates for the permanent stage?

Sometimes. The permanent Subclass 801 or Subclass 100 stage is assessed about two years after lodgement, and the applicant must still meet the character requirement. If earlier certificates have expired, or the applicant has lived in another country for 12 months or more since lodgement, the Department may ask for new certificates. Because the RCMP certified check depends on fingerprints and takes time, a Canadian partner should be ready to start the process promptly when the second stage is assessed or when a request is received.

How can My Migration Lawyers help me sponsor partner from Canada?

My Migration Lawyers advises Australian sponsors and their Canadian partners on onshore and offshore partner visas. The work includes checking visa conditions and expiry dates, assessing the sponsor's eligibility and limitations, planning RCMP checks for the applicant and, where needed, the sponsor, reviewing Canadian civil documents and translations, organising relationship evidence, responding to Department requests and acting on Tribunal review. Consultations are by video, so couples can be advised wherever they are. Bookings are made through the firm's website or by calling 1300 040 300.

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

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

Categories
partner-visas