Sponsoring a Partner From China

To sponsor partner from China, the Australian sponsor must be an eligible sponsor, the couple must be married or in a de facto relationship that meets Australian law, and the Chinese partner must apply for the correct partner visa from the correct place. The choice to sponsor partner from China raises country-specific questions that a general partner visa guide does not answer: how a marriage registered in China is recognised, which Chinese documents are needed, how visitor visa conditions affect an onshore application, and how long-distance relationships are assessed.

This guide is written for the Australian sponsor. It explains each of those questions under Australian migration law, and it uses Tribunal decisions involving Chinese partners to show where applications go wrong. It deals with partners who are citizens of the People's Republic of China living in mainland China or in Australia. Partners from Hong Kong, Macau or Taiwan follow different document processes, which should be checked separately.

My Migration Lawyers acts for sponsors through its partner visa lawyers. The firm's complete guide to partner visas in Australia explains every subclass, and the guide to the partner visa for Chinese citizens is written from the applicant's side. The short answer on finding a partner visa lawyer for China is also available.

Can you sponsor partner from China?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from China, provided the sponsor is not caught by a sponsorship limitation and the Department of Home Affairs approves the sponsorship.

The partner's nationality does not change who can sponsor, and the rules that apply when you sponsor partner from China are the same eligibility rules that apply to every sponsor. What matters is the sponsor's own status and history. The firm's articles on sponsoring as an Australian citizen or as a permanent resident, and the general guide to partner visa sponsor eligibility, explain the status rules.

Two sponsorship rules are particularly relevant when people sponsor partner from China.

The five-year limit for sponsors who were themselves sponsored

Many Australian sponsors of Chinese partners were born in China and came to Australia on a partner visa themselves. Regulation 1.20J of the Migration Regulations 1994 says a person who was sponsored as a spouse, de facto partner or fiancé cannot sponsor a partner until at least 5 years after their own visa application was made. A person who has already sponsored a partner faces the same 5-year wait from the first application, and no person can have more than two approved partner sponsorships. These limits can be waived only where there are compelling circumstances affecting the sponsor under regulation 1.20J(2).

Department policy gives examples of compelling circumstances, including a dependent child of the sponsor and applicant, the death of a previous partner and a longstanding new relationship. Only a previous sponsorship that led to the grant of a visa counts. The firm's page on partner visa sponsorship limitations and the short answers on whether a sponsored partner can sponsor a new partner and on sponsoring more than one partner explain the waiver.

The sponsor's criminal history

Regulation 1.20KC requires the sponsorship to be refused where the sponsor has a conviction for a relevant offence, such as violence, and a significant criminal record for it, unless it is reasonable to approve. The Department can ask the sponsor for an Australian police check and a foreign police check for any country where the sponsor has lived for 12 months or more since the later of turning 16 or 10 years before the request. A sponsor who previously lived in China for that period may be asked for a Chinese police check. The guide to the partner visa sponsor police check explains this.

Does a sponsor need a minimum income to sponsor partner from China?

No. There is no fixed minimum income that a sponsor must earn to sponsor partner from China, but the sponsor gives a sponsorship undertaking to provide accommodation and financial assistance to the partner if it is needed.

The undertaking is a real commitment. The sponsor agrees to provide adequate accommodation and financial assistance to meet the partner's reasonable living needs, if necessary, for a period after the partner arrives in Australia or after grant in Australia. A sponsor who is studying, working part time or receiving Centrelink payments can still sponsor partner from China, and a modest income is not a ground of refusal on its own.

Income still matters indirectly. A sponsor who sends regular money to a partner in China, or who shares household costs with a partner in Australia, is creating evidence of the financial aspects of the relationship. The guide to partner visa sponsor obligations and the short answer on a sponsor's minimum income explain the undertaking.

What does the sponsor provide when you sponsor partner from China?

The sponsor provides proof of Australian citizenship, permanent residence or eligible New Zealand citizenship, proof of identity, the sponsorship application, and the sponsor's own share of the relationship evidence, including a personal statement.

The sponsorship is lodged after the partner's visa application, and the two are linked. The sponsor is asked about previous sponsorships, previous partner visas the sponsor held, and criminal history. Each answer must be accurate, because the sponsorship limitations and the regulation 1.20KC assessment depend on them. Under Department policy, female sponsors are not ordinarily asked for police checks unless there are concerns about their character, while male sponsors are usually asked for an Australian Federal Police check and any required foreign checks.

A sponsor who wants to sponsor partner from China should also expect to contribute evidence of the relationship from the Australian side: bank records showing transfers to China, travel records for visits, photographs with the partner's family, and Form 888 statements from Australian friends and relatives. The guides to partner visa sponsor documents, to proof of the sponsor's citizenship and to the partner visa female sponsor police check explain what the sponsor provides.

Which visa should you use to sponsor partner from China: Subclass 309 or Subclass 820?

Use the Subclass 309 visa if the Chinese partner is outside Australia, and the Subclass 820 visa if the partner is in Australia on a visa that allows an onshore application. If the couple are engaged but not married, the Subclass 300 prospective marriage visa may suit.

The Subclass 309 partner visa is applied for outside Australia, and the partner must be outside Australia when it is granted. It leads to the permanent Subclass 100 visa. The Subclass 820 partner visa is applied for in Australia, and it leads to the permanent Subclass 801 visa. Both are applied for in one combined application with one visa application charge.

For a sponsor who wants to sponsor partner from China, the practical differences between the two visas are significant:

• Where the partner waits. An offshore partner generally waits in China. An onshore partner usually lives with the sponsor in Australia on a bridging visa.
• Work rights. A Subclass 820 applicant is generally granted a Bridging visa A with no conditions, which allows work once it comes into effect. An offshore partner cannot work in Australia until the Subclass 309 visa is granted.
• Eligibility to apply onshore. A visitor visa with a no further stay condition, or a previous refusal while in Australia, can prevent an onshore application. An offshore application is not affected by either.
• Review. Both refusals can be reviewed by the Administrative Review Tribunal, but the rules on who applies differ.

The firm's guides to onshore and offshore partner visas, to the offshore partner visa and to the onshore partner visa, and the short answer on Subclass 820 or Subclass 309, help with the choice.

Can a Chinese partner on a visitor visa apply for a partner visa in Australia?

Sometimes. A Chinese partner on a visitor visa can apply for the Subclass 820 visa in Australia only if the visitor visa does not carry a no further stay condition such as 8503, or that condition has been waived.

Visitor visas granted to Chinese nationals may carry condition 8503. Department policy notes that persons with condition 8503 are generally prevented by section 46(1A) of the Migration Act 1958 from making a valid application in Australia. Section 41(2A) allows the condition to be waived only in prescribed circumstances. Getting married or becoming de facto partners after arrival does not remove the condition. Any sponsor who plans to sponsor partner from China during a visit should check the visa grant notice before the partner travels, not after.

A Chinese partner who is studying in Australia is in a different position, and many Australians who sponsor partner from China do so while the partner is a student here. A student visa does not usually carry a no further stay condition, so an onshore Subclass 820 application is often possible. The partner must keep meeting the student visa conditions until the bridging visa comes into effect. Graduates on a Subclass 485 visa can often apply onshore as well.

If the partner's visa has expired, paragraph 820.211(2)(d)(ii) requires the partner to meet Schedule 3 criteria 3001, 3003 and 3004 unless there are compelling reasons not to apply them. The firm's guides to the no further stay condition, to a partner visa while on a tourist visa, to a partner visa on a student visa, to the graduate visa and partner visa and to Schedule 3 criteria, and the firm's Schedule 3 waivers page, explain each position.

Can you sponsor partner from China if you are engaged but not married?

Yes. A sponsor engaged to a partner in China can use the Subclass 300 prospective marriage visa, which allows the partner to travel to Australia and marry the sponsor within the visa period, or the couple can marry first and apply for a partner visa.

The Subclass 300 prospective marriage visa requires the couple to have met in person since the applicant turned 18 and to genuinely intend to marry and live together as spouses. The marriage must take place within the visa period, usually in Australia. After the marriage, the partner applies for the Subclass 820 visa. The short answers on the fiancé visa and the partner visa and on marrying overseas on a prospective marriage visa explain the options.

Couples who choose to marry in China first, and then sponsor partner from China as a spouse, must make sure the marriage is registered, as the next section explains.

Is a marriage registered in China recognised in Australia?

Yes, if it was valid under the law of China when it took place. Part VA of the Marriage Act 1961 recognises a foreign marriage that was valid where it was solemnised, subject to limited exceptions, and a valid marriage satisfies paragraph 5F(2)(a) of the Migration Act 1958.

Department policy states that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act. For a marriage in mainland China, the critical step is registration with the marriage registration authority. A couple who hold a wedding banquet or a family ceremony in China, but who do not register the marriage, are not married for Australian migration purposes. They are not barred from a partner visa, but they must apply as de facto partners, and the de facto rules then apply.

The Tribunal remittals in this area show how often the point arises. In Lu (Migration) [2019] AATA 374, a Subclass 820 matter, the recorded issues were a genuine married relationship, credibility issues, movement records and valid marriage registration in China. The Tribunal remitted the matter. In DAI (Migration) [2019] AATA 4286, a Subclass 309 matter, the recorded issues included a Federal Circuit Court remittal, a valid marriage in China, joint finances in Australia and joint ownership of major assets. The Tribunal remitted the matter.

Three further points matter when people sponsor partner from China as a spouse rather than as a de facto partner:

• Previous marriages. Each party's earlier marriage must have ended, by divorce or death, before the Chinese marriage was registered. Department policy is that a marriage entered before an earlier marriage ended is not valid, even if the earlier marriage ends later. The couple can then rely on the de facto definition.
• Same-sex couples. Australia recognises a foreign same-sex marriage only where it was valid under the law of the country where it was solemnised. A same-sex couple who cannot marry in China can marry in Australia or in another country that permits it, or apply as de facto partners. The firm's LGBTI partner visa lawyers page explains the options.
• Marrying in Australia. A Chinese partner who is lawfully in Australia can marry the sponsor in Australia under the Marriage Act. A notice of intended marriage must be lodged in advance, as the short answer on the notice of intended marriage explains.

The firm's articles on overseas marriages recognised in Australia, on an overseas marriage that is not recognised, on an unregistered marriage and on religious and cultural marriages cover these questions in more detail.

What documents from China do you need to sponsor partner from China?

The Chinese partner will usually need a passport, identity and civil status documents, the marriage certificate or evidence of the de facto relationship, divorce documents for any earlier marriage, police certificates and English translations of every document not in English.

The exact list depends on the application, but anyone who plans to sponsor partner from China should plan for these document types:

• the partner's passport and Chinese identity documents;
• the household registration record, which in China commonly records marital status and family details;
• the marriage certificate issued on registration, or evidence of the de facto relationship;
• a divorce certificate or court judgment for any earlier marriage, or the death certificate of a former spouse;
• birth documents for the partner and any children included in the application, and custody documents where a child's other parent has rights;
• police certificates, discussed below; and
• certified English translations of every document not in English.

Chinese civil documents are often supported by notarial certificates issued by a Chinese notary office, which confirm the content of the underlying record. The Department may accept or request notarial certificates for birth, marriage, divorce or criminal record matters. In Tang (Migration) [2023] AATA 444, a Subclass 820 matter, the recorded issues were criminal history and a Chinese Notarial Certificate provided upon review. The Tribunal remitted the matter. That decision shows that a document missing at the Department stage can sometimes be provided on review, but it is far better to provide it before the decision.

Names are a frequent source of problems in a sponsor partner from China application. Chinese names may be written in Chinese characters, in pinyin with the family name first, or in a different order in Australian documents. Dates of birth can also appear differently across records. Each difference should be explained in the application rather than left for the Department to query. The short answers on different names and dates in documents, on translating a marriage certificate and on certified copies, and the guides to evidence translation and to the partner visa document checklist, cover each step.

What police certificates are needed to sponsor partner from China?

The Chinese partner will usually need a police certificate from China and from any other country where the partner has lived for 12 months or more in the last 10 years since turning 16, as well as an Australian police check if the partner has lived in Australia for that period.

A Chinese criminal record certificate is generally obtained through the local public security authority where the partner is or was registered, and it is often accompanied by a notarial certificate. A partner who has lived in Australia for a long time, for example as a student, may find it harder to obtain the Chinese certificate from outside China. Where that happens, the steps taken and the reasons for any delay should be documented.

Police certificates must be valid when the Department decides the application, which is a common timing issue for sponsors who sponsor partner from China through a long offshore process. In a long application, a certificate obtained at lodgement may expire before the decision and may need to be renewed. In Zhang (Migration) [2023] AATA 3878, a Subclass 820 matter, the recorded issues included the character test, a statement from an appropriate authority, a notarised no criminal record certificate and an updated Australian police certificate. The Tribunal remitted the matter.

The guides to partner visa overseas police certificates, to expired police checks and to partner visa character requirements, and the short answers on when a police certificate cannot be obtained and on police certificate and health check validity, explain the requirements.

Can you sponsor partner from China together with the partner's children?

Yes. A Chinese partner's dependent children can usually be included in the partner visa application as secondary applicants, provided they are members of the partner's family unit and the custody requirements are met.

Children are common in applications by people who sponsor partner from China, particularly where the partner was married before. Where the child's other parent has custody or contact rights, the application must show that the other parent consents to the child migrating, or that a court order permits it. A Chinese divorce judgment or divorce agreement often deals with custody, and it should be translated in full so the Department can see who holds parental responsibility.

A child of the partner who is not migrating may still need to be declared, and may be asked to undergo health examinations. A child born to the sponsor and the partner during processing can usually be added to the application. The firm's guides to adding children to a partner visa, to adding a newborn to a partner visa and to non-migrating children, and the short answer on the other parent's consent, explain the rules.

What relationship evidence works for long-distance couples sponsoring a partner from China?

Long-distance couples must show a genuine and continuing relationship, a mutual commitment to a shared life to the exclusion of all others, and that they live together or do not live separately and apart on a permanent basis. Evidence of visits, daily communication, financial support and family involvement is central.

Department policy on married relationships says the requirement in paragraph 5F(2)(d) means any separation must be temporary. A couple who have never lived together, or who cannot satisfy the decision maker that they intend to live together in future, cannot meet it. There is no fixed time by which the couple must live together, and each case is considered on its facts.

Many people who sponsor partner from China spend long periods apart, because of work, study or family obligations in China. That does not prevent a partner visa. It does mean the evidence must explain the separation and show how the relationship is maintained. Evidence that commonly helps includes:

• travel records, boarding passes and photographs from each visit to China or to Australia;
• message histories and call records over time, with translations of representative messages written in Chinese;
• regular money transfers and evidence of shared financial planning;
• evidence that each family knows about and accepts the relationship, such as photographs with parents and Form 888 statements from family and friends; and
• personal statements from each partner explaining how they met, why they live apart and when they plan to live together.

In Qu (Migration) [2024] AATA 640, a Subclass 309 matter, the recorded issues were a genuine and continuing relationship, a valid marriage, shared purchases and the sponsor's regular visits to China. The Tribunal remitted the matter.

The de facto route has its own rule. A de facto couple generally must have been in the relationship for at least 12 months before applying, unless the relationship is registered or another exception applies. The guides to the long-distance relationship partner visa, to a partner visa without living together, to chat evidence, to partner visa travel evidence and to Form 888 statements, and the short answers on translating messages, on different languages in a relationship and on the 12-month de facto period, explain each type.

What refusal risks arise when you sponsor partner from China?

The refusal risks seen most often are an unregistered or invalid marriage, inconsistent accounts of the relationship, gaps or credibility problems in travel and movement records, missing or expired police certificates, and false or misleading information in earlier applications.

The Tribunal decisions recorded in this area involving Chinese partners show a pattern. Besides the decisions already discussed, in CHEN (Migration) [2022] AATA 3269, a Subclass 309 matter, the recorded issues were a bogus marriage certificate, false information about marital status in China, compassionate or compelling circumstances and mental health issues. The Tribunal remitted the matter. In 1719156 (Migration) [2019] AATA 6656, a Subclass 309 matter, the recorded issues were a false or misleading statement, a claim of no outstanding liabilities, evidence of outstanding debts provided by a Chinese court and credibility issues. The Tribunal remitted the matter.

Each decision turns on its own facts, and a remittal is not a grant. For anyone planning to sponsor partner from China, the decisions are a guide to risk, not a prediction. The decisions do show which issues a sponsor should address before lodgement, rather than on review:

• Marriage validity. Confirm the marriage was registered in China, and that any earlier marriage ended before the registration date.
• Previous applications. Compare every earlier Australian visa application by the partner, including visitor and student applications, with the information now being given. Earlier answers about marital status, employment or relationships must be consistent or explained.
• Movement records. The Department holds the partner's travel records. The relationship history in the statements should match them.
• Genuine documents. Every document should be genuine and obtained from the issuing authority. Public interest criterion 4020 allows refusal where a bogus document or false information is given, and a finding can affect future applications.
• Financial disclosures. Questions about debts and liabilities must be answered accurately.

The firm's guides to why partner visas get refused, to PIC 4020, to partner visa false documents, to interview inconsistencies and to cultural differences in a partner visa explain how these risks are managed. A sponsor of a partner from China whose relationship began online should also read the guide to partners who met online.

What happens at the permanent stage after you sponsor partner from China?

At the permanent stage, the Department checks that the relationship is still genuine and continuing and that the partner still meets the health and character requirements. The sponsorship approved at the temporary stage carries through to the permanent visa.

For a partner who holds a Subclass 820 visa, the Subclass 801 visa is generally assessed at least two years after the combined application was made. For a partner who holds a Subclass 309 visa, the Subclass 100 visa follows the same broad two-stage approach. The Department usually asks for updated relationship evidence, and it may ask for updated police certificates, including from China if the partner has spent further time there.

The law also protects a partner whose circumstances change before the permanent visa is decided. Subclause 801.221(5) allows the permanent visa to be granted if the sponsor dies and the partner meets the relevant criteria. Subparagraph 801.221(6)(c)(i) allows the permanent visa to be granted where the relationship has ended and the sponsoring partner committed family violence, as defined in Division 1.5 of the Migration Regulations 1994. Subparagraph 801.221(6)(c)(ii) covers cases involving custody or access rights to a child of the sponsor.

Sponsors who sponsor partner from China should keep building evidence after the temporary visa is granted. Joint finances, a shared home in Australia and time spent with each other's families during the waiting period all support the permanent stage. The firm's guides to the partner visa second stage, to second stage documents and to family violence and the partner visa, and the firm's family violence partner visa lawyers page, explain the permanent stage.

How much does it cost to sponsor partner from China?

At the time of writing, the visa application charge for the combined Subclass 309 and 100 application, or the combined Subclass 820 and 801 application, is AUD 11,710 for most applicants, as shown by the Department of Home Affairs in October 2026.

The charge is paid when the partner lodges the application and covers both stages, whichever visa is used to sponsor partner from China. Other costs include health examinations, police certificates, notarial certificates, translations and travel for visits. Government charges are usually reviewed on 1 July each year, so the figure should be checked on the Home Affairs website before lodgement. The guide to the partner visa cost and the short answer on who pays the partner visa fee explain the charge.

How long does it take to sponsor partner from China?

There is no fixed processing time. The temporary visa is decided first, and in most cases the partner becomes eligible for the permanent visa at least two years after the combined application was made.

For the onshore stream, paragraph 801.221(2)(d) requires at least two years to have passed since the application was made before the Subclass 801 visa can be granted, unless an exception applies. One exception is a long-term partner relationship, meaning a relationship of at least three years, or at least two years if there is a dependent child of both partners, at the time of application. Processing of the offshore Subclass 309 visa can take longer where documents from China must be checked.

Department processing times change, and no timeline for a sponsor partner from China application can be promised. The guides to partner visa processing times and to partner visa processing delays, and the short answers on how long an overseas partner visa takes and on visiting Australia while a Subclass 309 is processed, explain what to expect.

Can a refusal to sponsor partner from China be reviewed?

Yes. When an application to sponsor partner from China is refused, a refusal of a Subclass 309, Subclass 820 or Subclass 300 visa can usually be reviewed by the Administrative Review Tribunal, which can consider the matter afresh and accept new evidence.

The review must be lodged within 28 days after notification, or 7 days if the applicant is in immigration detention. That time cannot be extended. For a Subclass 820 refusal, the partner applies. For a Subclass 309 refusal, current Department instruction is that the partner applies. For a Subclass 300 refusal, the sponsor applies. The Tribunal's application fee is AUD 3,727 for fees paid on or after 1 July 2026, with a 50% reduction available for financial hardship and a 50% refund if the decision is set aside, varied or remitted.

A Chinese partner in Australia on a Bridging visa A linked to the application remains lawful until 35 days after the refusal, or 35 days after the Tribunal decides the review. A partner refused onshore who does not seek review may face the section 48 bar on further applications in Australia. The firm's partner visa refusal lawyers, visa refusals and urgent visa refusal review pages, the guides to the ART review process and the section 48 bar, and the short answers on who applies after an offshore refusal and on the review deadline, explain the steps. Chinese-language readers can also read the firm's short answer on a partner visa refusal in Chinese.

How My Migration Lawyers helps sponsors with a partner from China

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

When a sponsor asks the firm to help sponsor partner from China, the firm:

• checks the sponsor's eligibility, including any earlier partner visa the sponsor held or sponsored, and prepares a compelling circumstances submission under regulation 1.20J(2) where needed;
• confirms whether the marriage was registered in China and recognised under Part VA of the Marriage Act, or whether the application should be made on a de facto basis;
• reviews the partner's visitor, student or graduate visa conditions to decide whether an onshore Subclass 820 application is available, or whether a Subclass 309 or Subclass 300 application is safer;
• prepares a document plan for Chinese civil records, notarial certificates, police certificates and certified translations, including explanations of name and date differences;
• compares the partner's earlier Australian visa applications and movement records with the relationship history before lodgement;
• presents the couple's own account of their relationship, which each of them reviews and corrects, together with Form 888 statements and evidence of visits, communication and financial support; and
• responds to Department requests and acts on review at the Administrative Review Tribunal if the visa is refused.

The firm acts for sponsors across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Readers who prefer Chinese can read the short answers on a Chinese-speaking migration lawyer and a Mandarin-speaking partner visa lawyer.

The right time to get advice on how to sponsor partner from China is before the partner travels or lodges, when the visa choice and the documents can still be planned. Book a consultation with My Migration Lawyers, or call 1300 040 300.