Sponsoring a Partner From Czechia

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 16, 2026
35 min read
Reading Time
35 min read
Table Of Contents

Key Takeaways

  • Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Czechia (the Czech Republic) on a Subclass 820 partner visa in Australia, a Subclass 309 partner visa from outside Australia, or a Subclass 300 prospective marriage visa.
  • A Czech passport is listed as an eVisitor eligible passport, so a Czech partner can often visit Australia and may be able to lodge a Subclass 820 onshore, provided the visa does not carry condition 8503 and the application is lodged before the stay ends.
  • Time a couple spent living together in Prague, Brno or anywhere else in Europe counts towards the 12-month de facto requirement, but it must be proved with documents.
  • The Czech partner usually needs an extract from the Czech Criminal Register, which is issued in Czech and must be translated, and an Australian sponsor who lived in Czechia for 12 months or more may be asked for one too.
  • An Australian citizen sponsor who has been living in Czechia can still sponsor, but a permanent resident sponsor must be usually resident in Australia, so the timing of the return home must be planned.

To sponsor partner from Czechia, the Australian partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and the couple must show a genuine and continuing relationship as spouses or de facto partners. The Czech partner then applies for a Subclass 820 partner visa while in Australia or a Subclass 309 partner visa while outside Australia. Engaged couples can use the Subclass 300 prospective marriage visa.

Many people who want to sponsor partner from Czechia search for the "Czech Republic" rather than "Czechia". Both names refer to the same country, and the partner visa rules are identical whichever name is used. This guide uses both.

Many sponsor partner from Czechia couples met in Europe. Some Australians moved to Prague or Brno for work, study or a working holiday, met a Czech partner and lived together there for years. Others met a Czech partner who was travelling or studying in Australia. A third group are Czech-Australians who reconnected with someone during a family visit. This guide explains, under the Migration Act 1958 and the Migration Regulations 1994, how each of those couples can approach the visa. For the full framework, the complete guide to partner visas in Australia sets out every subclass.

Can you sponsor partner from Czechia to Australia?

Yes. An eligible Australian sponsor can sponsor partner from Czechia on an Australian partner visa if the couple are married, in a de facto relationship, or engaged and intending to marry, and the relationship is genuine and continuing.

There is no separate partner visa stream for Czech nationals. The sponsor partner from Czechia process uses the same legal criteria that apply to applicants from every country. The differences are practical. They include the visitor visa a Czech partner can hold, the Czech criminal record extract, the Czech-language documents and the way the couple's time together in Europe is proved.

The two stages of the partner visa

A partner visa is granted in two stages. The temporary stage is the Subclass 820 in Australia or the Subclass 309 outside Australia. The permanent stage is the Subclass 801 or the Subclass 100. One application and one application charge cover both. The guide to the partner visa two-stage process explains when the permanent stage is assessed, and the comparison of temporary and permanent partner visas explains the rights at each stage.

What the Department assesses

For a sponsor partner from Czechia application, the Department assesses the financial aspects of the relationship, the nature of the household, the social aspects and the nature of the commitment. It also assesses whether the sponsor can be approved and whether the Czech partner meets the health and character requirements. The guide to partner visa requirements lists each criterion, and the partner visa requirements FAQ gives the short version.

Czechia or Czech Republic: does the name matter for a sponsor partner from Czechia application?

No. "Czechia" is the short name and "Czech Republic" is the full name of the same country, and either can appear on documents without affecting the partner visa.

What matters is consistency inside the application. The Czech partner's nationality and country of birth should be entered as the passport records them. Australian legislation, including the instrument that lists eVisitor eligible passports, uses "Czech Republic". Czech government documents use the Czech-language name of the State. A sponsor partner from Czechia application that mixes names across forms is not invalid, but the safest approach is to follow the passport and use one name throughout the forms.

Older documents may have been issued before 1993 by Czechoslovakia. A birth certificate issued in that period is still the person's birth certificate. It simply needs to be translated in full, like any other document that is not in English. The FAQ on different names and dates across documents explains how inconsistencies in older records are handled.

Czech names and diacritics

Czech names use diacritics, such as háček and čárka marks. Many passports show the name with diacritics in one field and without them in the machine-readable zone. A sponsor partner from Czechia application should enter names as they appear in the passport's biographical page and keep them identical across every form. The Czech practice of a feminine surname form, often ending in "ová", also means a woman's surname may differ from her father's or husband's surname. That is normal, but a translator's note or a short explanation in the application can avoid questions. The FAQ on name change after marriage for a partner visa covers name changes.

Who can sponsor partner from Czechia?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen aged 18 or over can sponsor partner from Czechia, provided they are the applicant's spouse, de facto partner or, for the Subclass 300, intended spouse.

The sponsor's status is tested at lodgement. A person who holds a temporary visa, or who is still waiting for permanent residence, cannot yet sponsor. The guide on who can be a partner visa sponsor explains the categories, and the guide to partner visa sponsor requirements explains what each sponsor must prove.

The sponsor must also provide identity and status documents. The guide to partner visa sponsor documents and the FAQ on sponsor documents for a partner visa list them.

Sponsor partner from Czechia: where should the couple start?

The first step for a sponsor partner from Czechia couple is to confirm three facts: the sponsor's status, the type of relationship, and where the Czech partner will be when the application is lodged.

Those three facts decide almost everything else. They decide whether the couple apply as spouses or de facto partners, whether the Subclass 820 or the Subclass 309 is available, and which police certificates and documents are needed. A couple who skip this step often lodge the wrong subclass, or lodge before the 12 months of de facto relationship are complete.

Step one: confirm the sponsor's status

The sponsor must hold Australian citizenship, permanent residence or eligible New Zealand citizen status on the day of lodgement. A sponsor partner from Czechia matter in which the sponsor has lived abroad for years needs particular care, because a permanent resident must also be usually resident in Australia.

Step two: identify the relationship

A married couple apply as spouses. An unmarried couple apply as de facto partners and generally need 12 months of de facto relationship. An engaged couple who want to marry in Australia can use the Subclass 300. The FAQ on which partner visa to apply for explains the choice, and the guide to which partner visa pathway applies in Australia gives more detail.

Step three: decide where the Czech partner will be at lodgement

If the Czech partner will be in Australia, the Subclass 820 is the relevant visa. If the Czech partner will be in Czechia or elsewhere overseas, the Subclass 309 is the relevant visa. That single fact controls validity. The guide on how to apply for a partner visa explains the lodgement steps, and the guide to an online partner visa application explains the online account.

Step four: start the documents early

The Czech Criminal Register extract, translations, and any sponsor police certificates take time. Starting them early means a sponsor partner from Czechia application can be lodged complete, which reduces the chance of a request for further information. The partner visa checklist gives a general list.

Can a Czech partner visit Australia on an eVisitor?

Yes, in most cases. A Czech passport is listed as an eVisitor eligible passport, so a Czech national can usually apply for an eVisitor (Subclass 651) to visit Australia.

The legislative instrument that specifies eVisitor eligible passports lists the "Czech Republic", with the condition that the passport indicates the applicant is a national of the Czech Republic. The Department's eVisitor page states that the visa allows a stay of up to three months each time the holder enters Australia, with visits as often as the holder wishes within 12 months, and that it is free to apply for.

For a sponsor partner from Czechia couple, the eVisitor serves two purposes. It lets the Czech partner visit the sponsor's family and spend time together in Australia, which builds relationship evidence. It can also be the visa the Czech partner holds when a Subclass 820 is lodged in Australia. The guide on moving from a tourist visa to a partner visa in Australia explains that transition, and the article on applying for a partner visa while on a tourist visa explains the risks.

Condition 8503 on a visitor visa

The Czech partner should check the eVisitor grant notice for condition 8503 "No Further Stay" before relying on it for an onshore application. Where that condition applies, a Subclass 820 cannot be granted while the partner is in Australia unless the condition is first waived. The guide to partner visa no further stay explains the condition, and the FAQ on a condition 8503 partner visa lawyer explains when advice is needed.

Honest answers on the visitor application

An eVisitor is for a genuine visit. Questions about the purpose of travel must be answered truthfully. The FAQ on whether to mention a partner on a visitor visa application explains how a sponsor partner from Czechia couple should approach this. Inconsistent answers can later be raised against the partner visa.

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.

Sponsor partner from Czechia: onshore Subclass 820 or offshore Subclass 309?

The onshore Subclass 820 suits a couple who want to live together in Australia during processing and whose Czech partner holds a visa that allows an onshore application, while the offshore Subclass 309 suits a couple who are content for the Czech partner to wait outside Australia, often in Czechia.

Both lead to the same permanent visa and carry the same application charge. The comparison of onshore and offshore partner visas explains the trade-offs. The choice in a sponsor partner from Czechia matter usually turns on four questions.

  • Where will the couple live during processing? If the couple want to live in Australia together straight away, the Subclass 820 is usually preferred.
  • What visa will the Czech partner hold? An eVisitor without condition 8503 generally allows an onshore application. A visa with condition 8503 does not, unless a waiver is granted.
  • Does the Czech partner have work or study commitments in Czechia? If so, the Subclass 309 lets the partner keep those commitments until the visa is granted.
  • Is the sponsor still living in Czechia? If the sponsor is still overseas, the couple may lodge a Subclass 309 before moving, or move together and lodge a Subclass 820.

How the onshore Subclass 820 works for a Czech partner

In a sponsor partner from Czechia onshore case, the Czech partner must be in Australia when the Subclass 820 is lodged. The partner usually receives a bridging visa that keeps them lawful until the decision. The guide to the partner visa bridging visa explains how it works, and the article on partner visa work rights explains the conditions. The FAQ on whether the applicant must be in Australia when the Subclass 820 is granted explains the grant rule.

Lodging the wrong subclass from the wrong place is a serious error. The FAQ on an onshore application lodged from overseas explains what happens, and so does the FAQ on an offshore application lodged in Australia.

How the offshore Subclass 309 works for a Czech partner

The Czech partner must be outside Australia when the Subclass 309 is lodged and generally when it is granted. The partner can usually visit Australia during processing on a visitor visa. The guide to the offshore partner visa explains the process, and the article on a visitor visa during partner visa processing explains how visits are handled. The FAQ comparing the Subclass 309 and Subclass 100 explains the two offshore stages.

If the eVisitor stay is about to end

If a Czech partner's visitor visa ends before a Subclass 820 is lodged, the partner becomes unlawful and the Schedule 3 criteria apply. That makes the application much harder. The guide to partner visa Schedule 3 criteria explains the test. Where lodgement is urgent, the firm's urgent partner visa lodgement page explains how those matters are handled.

Do couples who lived together in Europe meet the 12-month de facto requirement?

Yes, if they can prove it. Time a sponsor partner from Czechia couple spent living together in Czechia, or anywhere else in Europe, counts towards the 12-month de facto requirement in the same way as time spent in Australia.

Under regulation 2.03A of the Migration Regulations, a de facto applicant must generally show that the couple have been in a de facto relationship for at least 12 months immediately before the application is lodged. The country where the couple lived does not matter. The FAQ on living together overseas for 12 months explains this, and the guide to the Subclass 820 de facto 12-month rule explains how the period is measured.

When the 12 months start

The 12 months run from the date the couple's de facto relationship began, not from the date they first met. A de facto relationship usually begins when the couple have a mutual commitment to a shared life and are living together or not living apart permanently. The FAQ on when the 12-month de facto period starts explains the test, and the FAQ on the legal definition of a de facto relationship quotes it.

Proving time together in Czechia

A sponsor partner from Czechia couple who lived together in Czechia should collect evidence of the shared address. That includes a lease in both names, utility and internet accounts, residence registration records, bank statements showing the same address, and mail addressed to both partners. The FAQ on a lease in both names and the FAQ on joint bills for a partner visa explain how much weight these carry. Where the lease was in one name only, the guide on a partner visa without a joint lease explains alternatives.

The Australian sponsor's own residence records in Czechia can also be useful. A foreigner's residence permit or registration, an employment contract and Czech tax or health insurance records can all show that the sponsor lived in Czechia during the relevant period. Every record in Czech needs a translation.

Periods apart within the 12 months

For a sponsor partner from Czechia couple, short periods apart, such as one partner returning to Australia for work or family, do not necessarily break the 12 months. What matters is whether the couple continued to live as a couple. The FAQ on time apart during the 12-month de facto period explains this, and the guide to partner visa intermittent cohabitation explains how gaps are assessed.

What if a sponsor partner from Czechia couple have not lived together for 12 months?

A de facto couple who cannot show 12 months will usually need to wait, marry, register their relationship in an Australian State or Territory, or rely on the compelling and compassionate circumstances exception.

The FAQ on whether a couple can apply before 12 months of de facto relationship explains the options. The FAQ on a de facto visa refused on the 12-month rule explains what happens when the requirement is not met.

Registering the relationship in Australia

For a sponsor partner from Czechia couple, registration under a prescribed Australian State or Territory law removes the 12-month requirement. A Czech registered partnership, or any other overseas registration, does not have that effect. The FAQ on overseas registered relationships for a partner visa explains why. Registration in Australia is often difficult for a couple who still live in Czechia. The FAQ on how to register a relationship while the partner is overseas covers the practical limits.

Marrying instead

A married couple does not need to meet the 12-month de facto requirement. Some sponsor partner from Czechia couples marry in Czechia. Others use the Subclass 300 to marry in Australia. The FAQ on the fiancé visa versus partner visa compares the two routes, and the FAQ on prospective marriage visa requirements lists the criteria. A Subclass 300 couple must have met in person and must give notice of their intended marriage in Australia. The FAQ on the notice of intended marriage explains that document.

Is a marriage in Czechia recognised in Australia?

Yes. A marriage that was legally valid under Czech law is generally recognised in Australia, provided none of the grounds in Part VA of the Marriage Act 1961 apply.

Those grounds include that one party was already married, the parties were in a prohibited relationship, one party was under the permitted age, or one party did not give real consent. The firm's FAQ on whether an overseas marriage is recognised for a partner visa sets out the rule, and the guide to overseas marriage recognition in Australia explains it.

A sponsor partner from Czechia couple who married in Czechia should upload the official Czech marriage certificate with a full English translation. They do not need to marry again in Australia. Where either partner was married before, the divorce decree or death certificate for the earlier marriage is needed. Same-sex couples should obtain advice on how their Czech relationship status is treated. The firm's LGBTI partner visa page explains the general approach, and the FAQ on a same-sex marriage spouse visa explains how married same-sex couples apply.

How do long-distance periods affect a sponsor partner from Czechia application?

Long-distance periods do not stop a sponsor partner from Czechia application, but the couple must show how the relationship continued while they were apart.

Many couples spend months apart while one partner finishes work or study in Czechia and the other returns to Australia. Under the partner visa criteria, the question is whether the couple live together or do not live separately and apart on a permanent basis. A temporary separation for a practical reason is not a permanent separation. The guide on a partner visa temporary separation explains the test.

Evidence that bridges the distance

The best evidence of a relationship maintained across the distance between Czechia and Australia includes regular communication records, flight bookings and boarding passes for visits, money transfers, and plans for reunion. The guide to a partner visa long-distance relationship explains what decision makers look for. The FAQ on messages, emails and call records for a partner visa explains how to present communication without overloading the application.

Explaining the gaps

Where there are long gaps in the evidence, the couple's statements should explain why. A sponsor partner from Czechia couple may have been apart because of a job contract, a university semester or care for a family member. The FAQ on how to explain gaps in relationship evidence gives practical guidance.

What relationship evidence does a sponsor partner from Czechia application need?

A sponsor partner from Czechia application needs evidence of shared finances, a shared household, social recognition and long-term commitment, supported by Form 888 statements and detailed statements from both partners.

The guide to partner visa household evidence and the guide to joint bank account evidence explain two of the core categories. A clear partner visa relationship timeline helps the decision maker follow a relationship that moved between Europe and Australia.

Friends in Czechia can support the relationship, but a Form 888 statement must be made by an Australian citizen or permanent resident. Statements from friends and family in Czechia can be given as ordinary written statements. The FAQ on overseas friends' statements for a partner visa explains how they are used, and the guide to Form 888 witness statements explains the Australian statements.

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.

Sponsor partner from Czechia: the Czech criminal record extract

The Czech partner must usually provide an extract from the Czech Criminal Register (výpis z evidence Rejstříku trestů), together with police certificates from every other country where the partner lived for 12 months or more in the last 10 years since turning 16.

The Czech Government's public administration portal states that the Ministry of Justice keeps the records of persons finally convicted by courts and issues extracts from the Criminal Register on request. The portal lists several ways to apply: online through the Citizen Portal using electronic identification, in person at the Criminal Register Department of the Ministry of Justice, at Czech POINT contact points, at certain municipal offices, or at Czech embassies and consulates abroad. It states that applications cannot be lodged by post.

Points that matter for an Australian partner visa

  • The extract is issued in Czech. The portal states that the extract itself is not issued in a foreign language. A full English translation is therefore needed for every sponsor partner from Czechia application.
  • Use outside the EU. The portal explains that a multilingual standard form exists for use within the European Union, and advises that for use outside the EU the extract should be obtained directly from the Criminal Register Department, the Ministry of Justice or an embassy. Australia is outside the EU.
  • Applying from Australia. A Czech partner who is already in Australia can apply at a Czech embassy or consulate. The Czech Embassy in London states that foreigners may wait up to 30 days for an extract applied for through an embassy, so the timing should be planned.
  • Apostille. The portal states that an apostille for the extract is provided by the legalisation department of the Czech Ministry of Foreign Affairs. If an apostille or other certification is attached to the extract, it forms part of the document and must be translated as well.

The guide to overseas police certificates for a partner visa explains the general rule, and the FAQ on a police check for a partner visa explains timing. If the extract cannot be obtained, the FAQ on what to do if you cannot get a police certificate explains the alternatives.

The sponsor's own Czech extract

An Australian sponsor who lived in Czechia for a total of 12 months or more in the last 10 years since turning 16 may also be asked for a Czech Criminal Register extract. Under regulation 1.20KC, the Department can request police checks from the sponsor. A sponsor partner from Czechia matter can involve a sponsor who has spent years in Prague, so this certificate should be considered early. The guide to the partner visa sponsor police check explains the request process, and the guide to partner visa sponsor relevant offences explains which convictions matter.

Sponsor partner from Czechia when the sponsor has been living in Czechia

An Australian citizen who has been living in Czechia can sponsor without first returning to Australia, but a permanent resident sponsor must be usually resident in Australia, so a permanent resident who has lived in Czechia for years may not qualify until they re-establish residence here.

This is one of the most important questions in a sponsor partner from Czechia matter. The guide to a partner visa sponsor living overseas explains the residence rules. The guide to the partner visa sponsor returning to Australia explains how to plan the move.

Permanent resident sponsors and travel facilities

A permanent resident whose travel facility has expired while living in Czechia may need a Resident Return visa before travelling back. The guide on a partner visa sponsor with an expired travel facility and the guide to the partner visa sponsor Resident Return visa explain the steps.

Australian citizen sponsors and passports

An Australian citizen sponsor living in Czechia should keep an Australian passport current. Smartraveller states that Australia has a consulate in the Czech Republic headed by an Honorary Consul, that it provides consular and limited passport services by appointment, and that it cannot issue emergency passports. Consular assistance is also available from the Australian Embassy in Warsaw, Poland. A sponsor partner from Czechia couple planning a move should therefore renew passports well before travel.

Moving first or applying first

There are two common approaches. In the first, the couple lodge a Subclass 309 while both still live in Czechia, and move once it is granted. In the second, the couple move to Australia together, the Czech partner enters on an eVisitor, and the Subclass 820 is lodged in Australia before the eVisitor stay ends. The FAQ for an Australian living overseas who wants to sponsor a partner explains both. Where the sponsor stays overseas after an onshore lodgement, the FAQ on sponsor overseas during Subclass 820 processing explains the effect.

Evidence of the move home

The decision maker will want to see that the couple intend to live together in Australia. Job offers, a lease in Australia, shipping records and enrolment of children in school all help. The guide to partner visa future plans explains how to present this, and the guide on a partner visa when arriving in Australia explains the first steps after arrival.

Do Czech documents need translating?

Yes. Every document in Czech must be uploaded with a full English translation, together with a scan of the original.

That includes the Criminal Register extract, the birth certificate, any marriage certificate, divorce decrees, name change records and Czech residence or tax records relied on as evidence. Stamps and seals must be translated as well as the main text. The guide to partner visa evidence translation explains the full rules.

A translation made in Australia should be made by a NAATI certified translator. A translation made outside Australia, including in Czechia, does not need a NAATI credential, but it must show the translator's full name, address, telephone number and qualifications. Neither partner should translate their own documents. The FAQ on different languages in a partner visa explains how couples who speak different languages present their communication. The FAQ on certified copies for a partner visa explains how originals should be scanned.

Can the sponsorship be refused?

Yes. The sponsorship can be refused under the sponsorship limitations, which restrict how many partners a sponsor can sponsor and how soon, and under the rules about certain criminal convictions.

These rules apply to every sponsor partner from Czechia application at the temporary stage. The firm's page on partner visa sponsorship limitations explains each one. A sponsor who has sponsored before, or who was sponsored as a partner in the last five years, should get advice before lodging. The FAQ for a sponsor who sponsored before explains the issues. The sponsor must also undertake to provide adequate accommodation and financial assistance for two years, and consent to the Department disclosing relevant convictions to the applicant.

What are the common mistakes in a sponsor partner from Czechia application?

The most common mistakes in a sponsor partner from Czechia application are lodging as de facto partners before 12 months of de facto relationship can be proved, lodging the wrong subclass for where the Czech partner is, and uploading a Czech Criminal Register extract without a translation.

Each mistake is avoidable. The guide to partner visa application mistakes covers errors that arise in all countries. The ones below arise often in a sponsor partner from Czechia matter.

  • Counting from the wrong date. The 12 months run from when the de facto relationship began, not from when the couple met in Prague. Counting from the first date can leave the application short.
  • No proof of the Czech address. Couples who lived together in a flat rented in one name often have little documentary evidence. Utility accounts, residence registration and mail to both partners fill that gap.
  • Assuming the sponsor qualifies. A permanent resident sponsor who has lived in Czechia for years may not be usually resident in Australia. A sponsor partner from Czechia couple should confirm this before lodging.
  • Forgetting the sponsor's Czech extract. A sponsor who lived in Czechia for 12 months or more may be asked for one. Ordering it late delays the sponsorship.
  • Using the multilingual EU form alone. The multilingual form is designed for use in the European Union. Australia is outside the EU, so the extract should be obtained in the form the Czech portal recommends for use outside the EU, with an English translation.
  • Inconsistent names. Diacritics dropped in one form and kept in another, or a feminine surname form not explained, prompt questions. Every sponsor partner from Czechia application should follow the passport exactly.
  • Overstaying the eVisitor. If the eVisitor stay ends before the Subclass 820 is lodged, Schedule 3 applies.

A review before lodgement can catch these problems. The guide to a partner visa application review explains what that review covers.

What does it cost to sponsor partner from Czechia?

The Department of Home Affairs lists the partner visa application charge from 1 July 2026 as AUD 11,710 for the combined Subclass 820 and Subclass 801 application, and AUD 11,710 for the combined Subclass 309 and Subclass 100 application.

Additional costs in a sponsor partner from Czechia application include health examinations, police certificates and translations. The guide to partner visa cost explains these items, and the FAQ on who pays the partner visa fee answers a common question. Government charges change, so the current figure should be checked on the Department's website before lodging.

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

A refused partner visa can usually be reviewed by the Administrative Review Tribunal if the review application is lodged within 28 days after the applicant is notified of the decision, or 7 days if the applicant is in immigration detention.

For a Subclass 309 refusal, the visa applicant lodges the review application in their own name under regulation 4.02(5)(raa) of the Migration Regulations 1994, not the sponsor. For a Subclass 300 refusal, the Australian sponsor lodges it. For a Subclass 820 refusal, the applicant lodges it. The guide on who can lodge a partner visa appeal and the FAQ on who applies for review of an offshore refusal explain this rule. The Tribunal fee for review of a partner visa refusal is AUD 3,727 from 1 July 2026, and half is refunded if the Tribunal sets aside, varies or remits the decision. The FAQ on the review deadline for a partner visa refusal explains how the 28 days are counted. The guide on what to do when a partner visa is refused sets out the first steps, and the guide to the partner visa ART hearing explains the hearing.

Tribunal decisions on intention to marry and long separation

Published Tribunal decisions show how review can change a result. Each case turns on its own facts. Three examples, described only by the issues recorded:

  • Farah (Migration) [2024] AATA 4039. A Subclass 300 matter in which the visa applicant intended to marry the review applicant, an Australian citizen, and the parties genuinely intended to live together as spouses. The matter was remitted, meaning it was sent back to the Department for reconsideration.
  • McKenzie (Migration) [2024] AATA 914. A Subclass 300 matter where the marriage was intended within the visa period, the date on the notice of intended marriage had passed before the decision, and an updated notice was provided to the Tribunal. The matter was remitted to the Department.
  • Ahmed (Migration) [2024] AATA 2096. A Subclass 309 matter involving a traditional marriage arranged by parents and registered in the applicant's home country, with delay in processing and a long separation. The matter was remitted to the Department.

These decisions do not predict the outcome of any other case. The FAQ on prospective marriage refusal for intention to marry explains that issue, and the firm's page on partner visa refusals explains how refusals are approached.

How My Migration Lawyers helps couples sponsor a partner from Czechia

My Migration Lawyers deals with complex partner visa cases and acts in many matters for Australian sponsors whose partners come from overseas, including couples who have lived together in Europe before moving to Australia. The firm is capable of handling a sponsor partner from Czechia matter from the first decision about which visa to lodge, through the permanent stage, and through review if needed.

A sponsor partner from Czechia matter often combines several issues at once: an Australian sponsor who has lived in Prague for years, a Czech partner on an eVisitor, a de facto relationship that must be proved with Czech-language records, and a move home that has to be timed around the sponsor's own status. On a matter of this kind, the firm:

  • confirms that the sponsor qualifies, including whether a permanent resident who has lived in Czechia is still usually resident in Australia, or needs a Resident Return visa first;
  • advises whether the Subclass 820 or the Subclass 309 suits the couple, and checks the eVisitor grant notice for condition 8503 before the Czech partner travels;
  • works out whether the couple can show 12 months of de facto relationship from their time together in Czechia, or whether they should marry or wait;
  • identifies the police certificates both partners need, including a Czech Criminal Register extract for a sponsor who lived in Czechia;
  • checks every Czech translation against the passports, including diacritics and feminine surname forms;
  • presents the couple's own account of their life together in Europe and Australia, with their own evidence, in a clear structure that the couple review and correct before lodgement; and
  • responds to requests for information and, if a refusal occurs, advises on review within the 28-day deadline.

The firm's partner visa lawyers act for clients across Australia, including through the Brisbane partner visa lawyers, Perth partner visa lawyers and Canberra partner visa lawyers pages. Consultations are by video, so a sponsor partner from Czechia couple can meet the firm from Prague or from Australia. The FAQ on finding a partner visa lawyer while living overseas explains how that works, and the partner visa FAQ hub answers many other questions.

Matters are supervised by Principal Lawyer Weiwei Zhang. More about the firm is on the About My Migration Lawyers page.

Anyone who wants to sponsor partner from Czechia, or whose Czech partner has received a refusal, can Book a consultation with My Migration Lawyers, or call 1300 040 300.

Frequently Asked Questions

Can I sponsor my partner from Czechia to come to Australia?

Yes, if you are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen aged 18 or over, and you are married to, in a de facto relationship with, or engaged to your Czech partner. Your partner can apply for a Subclass 820 in Australia, a Subclass 309 outside Australia, or a Subclass 300 prospective marriage visa. The relationship must be genuine and continuing, and the sponsorship must not be barred by the sponsorship limitations.

Is Czechia the same as the Czech Republic for a partner visa?

Yes. Czechia is the short name and the Czech Republic is the full name of the same country. The partner visa rules are identical whichever name is used. Australian legislation, including the eVisitor eligible passport instrument, uses "Czech Republic". The safest approach is to enter the nationality and country of birth exactly as the passport shows them, and to use one name consistently across the application forms.

Can my Czech girlfriend or boyfriend visit Australia on an eVisitor?

Yes, usually. A Czech passport is listed as an eVisitor eligible passport. The Department states that the eVisitor (Subclass 651) allows a stay of up to three months each time the holder enters Australia, with visits as often as the holder wishes within 12 months, and that it is free to apply for. The visit must be genuine, and questions about the purpose of travel must be answered truthfully.

Can my Czech partner lodge a Subclass 820 while in Australia on an eVisitor?

Usually yes, provided the eVisitor does not carry condition 8503 "No Further Stay" and the Subclass 820 is lodged before the eVisitor stay ends. If condition 8503 applies, it must be waived before a valid onshore application can be made. If the stay ends before lodgement, the partner becomes unlawful and the Schedule 3 criteria apply, which is a much harder test. The grant notice should be checked before your partner travels.

We lived together in Prague. Does that count towards the 12-month de facto requirement?

Yes. Time spent living together in Czechia, or anywhere in Europe, counts towards the 12 months in the same way as time in Australia. The 12 months run from when the de facto relationship began, not from when you first met. You need documents to prove the shared address, such as a lease, utility accounts, residence registration records, bank statements and mail to both of you. Czech-language records must be translated into English.

What if we have lived together for less than 12 months?

A de facto couple who cannot show 12 months will usually need to wait, marry, register the relationship in an Australian State or Territory, or rely on compelling and compassionate circumstances. A Czech registered partnership, or any other overseas registration, does not remove the requirement. Registration in Australia is often hard for a couple still living in Czechia. Lodging before the 12 months are complete risks a refusal, so the dates should be checked carefully first.

How does my Czech partner get a criminal record extract?

The extract comes from the Czech Criminal Register, which is kept by the Ministry of Justice. The Czech Government portal lists applications online through the Citizen Portal with electronic identification, in person at the Criminal Register Department, at Czech POINT contact points and certain municipal offices, or at Czech embassies and consulates abroad. Applications cannot be lodged by post. The extract is issued in Czech, so a full English translation is needed.

I lived in Czechia for several years. Do I need a Czech police certificate as the sponsor?

You may. Under regulation 1.20KC, the Department can ask a sponsor for police checks. A sponsor is generally asked for an Australian Federal Police check and a police certificate from each country where they lived for a total of 12 months or more in the last 10 years since turning 16. A sponsor who lived in Czechia that long should expect to provide a Czech Criminal Register extract, with an English translation.

Can I sponsor partner from Czechia while I still live in Czechia?

Yes, if you are an Australian citizen. A citizen has no requirement to live in Australia to be a sponsor. Many couples lodge a Subclass 309 while both still live in Czechia and move once it is granted. Others move together, with the Czech partner travelling on an eVisitor, and lodge a Subclass 820 in Australia. The couple should show a genuine intention to live together in Australia, such as job offers or a lease.

I am a permanent resident who has been living in Czechia. Can I still sponsor?

Possibly, but it needs checking. A permanent resident sponsor must be usually resident in Australia, so a permanent resident who has lived in Czechia for years may not qualify until residence in Australia is re-established. If the travel facility on your permanent visa has expired, you may also need a Resident Return visa before you can travel back. Your status must be correct on the day the partner visa is lodged.

Do Czech documents need a NAATI translation?

A translation made in Australia should be made by a NAATI certified translator. A translation made outside Australia, including in Czechia, does not need a NAATI credential, but it must show the translator's full name, address, telephone number and qualifications. Every Czech document must be translated in full, including stamps and seals, and uploaded with a scan of the original. Neither partner should translate their own documents.

Is our Czech marriage recognised in Australia?

Generally yes. A marriage that was legally valid under Czech law is recognised in Australia unless a ground in Part VA of the Marriage Act 1961 applies, such as one party already being married or not giving real consent. You do not need to marry again in Australia. Upload the official Czech marriage certificate with a full English translation, and any divorce decree or death certificate for an earlier marriage.

Should my Czech partner apply onshore or offshore?

It depends on where you want to live during processing and on your partner's visa and commitments. The Subclass 820 suits couples who want to live together in Australia straight away, and requires your partner to be in Australia at lodgement. The Subclass 309 suits couples where the Czech partner will keep working or studying in Czechia while the application is processed. Both lead to the same permanent visa.

How much does it cost to sponsor partner from Czechia?

The Department lists the partner visa application charge from 1 July 2026 as AUD 11,710 for the combined Subclass 820 and Subclass 801 application, and AUD 11,710 for the combined Subclass 309 and Subclass 100 application. That covers both stages. Other costs include health examinations, the Czech Criminal Register extract and translations of Czech documents. Charges change, so the current figure should be confirmed before lodging.

Can we marry in Australia instead of in Czechia?

Yes. An engaged couple can use the Subclass 300 prospective marriage visa. The Czech partner applies from outside Australia and must be outside Australia when the visa is granted. You must have met in person, and you must marry within the visa period. A notice of intended marriage is part of the evidence. After the wedding in Australia, your partner applies for the Subclass 820 and Subclass 801.

What can we do if the visa for my Czech partner is refused?

A refusal can usually be reviewed by the Administrative Review Tribunal. The review must be lodged within 28 days after the applicant is notified of the decision, or 7 days if in immigration detention. For a Subclass 309 refusal, your partner lodges the review in their own name. For a Subclass 300 refusal, you as the Australian sponsor lodge it. The Tribunal fee is AUD 3,727 from 1 July 2026, and half is refunded if the decision is set aside, varied or remitted.

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