Sponsoring a Partner From the Democratic Republic of the Congo

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

Key Takeaways

  • An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a partner from the Democratic Republic of the Congo for an Australian partner visa, usually the offshore Subclass 309 and Subclass 100 visas, if the relationship is genuine and continuing and both people meet the legal criteria.
  • Congolese civil status documents, such as birth and marriage records, are issued by commune civil status offices and are often late registered through a court judgment called a jugement supplétif, so identity and document consistency are a central part of the case.
  • Documents in French or another language must be accompanied by an English translation, and every name and date across the passport, birth record, marriage record and forms should match or be explained.
  • The Congolese police certificate is the Extrait du Casier Judiciaire, and the partner usually needs one if they have lived in the Democratic Republic of the Congo for 12 months or more in the last 10 years since turning 16.
  • Australia has no embassy in the Democratic Republic of the Congo and Smartraveller currently advises Australians not to travel there, so couples need to plan how they will meet, gather evidence and complete biometrics and health checks.

To sponsor partner from the Democratic Republic of the Congo, the Australian partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and the couple must be married or in a genuine de facto relationship. The Congolese partner then applies for a partner visa, which for most couples is the offshore Subclass 309 visa followed by the permanent Subclass 100 visa.

The legal test is the same for every nationality. What changes when you sponsor partner from the Democratic Republic of the Congo is the evidence. Congolese civil records are kept by local commune offices, many births and marriages are registered late through a court, documents are mostly in French, and Australia has no embassy in the country. These facts shape how the application should be prepared.

This guide is written for the Australian sponsor. It explains the visa pathway, the Congolese documents the Department of Home Affairs usually needs, how identity issues are assessed, the police certificate, relationship evidence when you live apart, and what to do if a problem arises. For the full picture of the visa itself, start with the complete guide to partner visas in Australia and the firm's partner visa lawyers page.

Can an Australian sponsor partner from the Democratic Republic of the Congo?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from the Democratic Republic of the Congo if the couple is married or in a de facto relationship that is genuine and continuing. There is no country quota, no nationality bar and no separate rule for Congolese citizens.

The sponsor must meet the sponsor criteria. The FAQ on who can sponsor a partner visa gives the short answer, and the guide to partner visa sponsor requirements explains each one. In summary:

  • the sponsor must be 18 or older;
  • the sponsor must be an Australian citizen, a permanent resident or an eligible New Zealand citizen;
  • the sponsor must not be caught by the sponsorship limitations, such as having already sponsored two partners, having sponsored a partner within the last five years, or having been sponsored as a partner within the last five years, unless there are compelling circumstances;
  • the sponsor may be asked for police checks, and some criminal convictions can lead to the sponsorship being refused.

The guide to partner visa sponsorship limitations explains the five year and two partner rules. A sponsor who was once sponsored to Australia as a partner should read it before lodging, because that history is easy to overlook.

The Congolese partner, as the visa applicant, must also meet health, character and identity requirements. Meeting the sponsor criteria is only half of what it takes to sponsor partner from the Democratic Republic of the Congo. Character is where the Congolese police certificate comes in. Identity is where Congolese civil documents come in. Both are explained below.

Which partner visa applies when you sponsor partner from the Democratic Republic of the Congo?

For most couples, the visa used to sponsor partner from the Democratic Republic of the Congo is the offshore Subclass 309 Partner (Provisional) visa, followed by the Subclass 100 Partner (Migrant) visa. The Congolese partner is usually outside Australia, and the 309 must be applied for while the applicant is outside Australia.

There are three possible pathways:

  • Subclass 309 and Subclass 100 (offshore). The partner is outside Australia when the application is made and when the temporary visa is decided. The application is lodged online through ImmiAccount. The firm's page on the Subclass 309 visa explains this pathway in detail, and the guide to offshore partner visa lodgement explains the online process.
  • Subclass 820 and Subclass 801 (onshore). The partner is in Australia when the application is made. This is only realistic where the partner already holds an Australian visa that does not prevent the application. The page on the Subclass 820 visa explains this pathway.
  • Subclass 300 (fiancé or fiancée). The partner is outside Australia and the couple intends to marry in Australia within the visa period. The page on the Subclass 300 visa explains this pathway.

The FAQ comparing Subclass 820 and Subclass 309 and the guide to onshore versus offshore partner visas set out the differences. For couples who sponsor partner from the Democratic Republic of the Congo, the practical answer is usually the offshore pathway, for the visitor visa reasons explained below.

Nobody lodges a Subclass 309 application on paper at an embassy. It is an online application, and the Department communicates through ImmiAccount. Lodging an application of the wrong type, or from the wrong place, can make it invalid. The FAQ on what happens when an offshore application is lodged in Australia explains why the applicant's location on the day of lodgement matters.

Democratic Republic of the Congo or Republic of the Congo?

The Democratic Republic of the Congo and the Republic of the Congo are two different countries, and the difference matters to sponsor partner from the Democratic Republic of the Congo correctly. The Democratic Republic of the Congo has its capital in Kinshasa. The Republic of the Congo has its capital in Brazzaville, on the other side of the Congo River.

The two countries have separate governments, separate passports, separate civil registries and separate police certificates. The Australian Government treats them as separate countries in its diplomatic and travel information. The Democratic Republic of the Congo was previously known as Zaire.

This causes real problems in applications to sponsor partner from the Democratic Republic of the Congo. A form that records the wrong country of birth or citizenship, or a translator who writes "Congo" without saying which one, creates an inconsistency that the Department may question. Every document and form should name the correct country. Where the partner was born in one Congo and lives in the other, or has lived in both, the application should say so clearly and provide a police certificate from each country where the 12 month residence rule is met.

Older documents can also cause confusion. Civil documents issued before 1997 by the Republic of Zaire are generally still treated as valid in the Democratic Republic of the Congo. A partner born before that date may have a birth record that names Zaire. That is not an error, but the application should explain it so that the decision maker understands the change of name.

Can a Congolese partner visit Australia before the partner visa?

Possibly, but only with a Visitor visa (Subclass 600), and the visitor pathway carries real risks for couples who sponsor partner from the Democratic Republic of the Congo. Congolese passports are not eVisitor eligible passports, so a Congolese partner cannot use the free eVisitor and must apply for a Visitor visa, which involves a full assessment of whether the visit is genuine.

The Department assesses whether a visitor genuinely intends a temporary stay. A visitor visa applicant who has an Australian partner may be asked about the relationship. The FAQ on whether to mention your partner on a visitor visa application explains why honesty is essential. Leaving the relationship out of a visitor visa application can later be treated as false or misleading information.

Two further points matter:

  • Condition 8503. Many visitor visas are granted with condition 8503 (No Further Stay). A person whose visa has that condition cannot make a valid application for most other visas in Australia, including a Subclass 820, unless the condition is waived. The guide to partner visa no further stay and the guide to partner visa condition 8503 waivers explain this.
  • Schedule 3. If the partner stays past the end of the visa, they become unlawful and must then meet the Schedule 3 criteria to be granted a Subclass 820. The firm's page on the Schedule 3 waiver explains that test.

The guide to moving from a tourist visa to a partner visa in Australia explains when an onshore application is possible. For most couples who sponsor partner from the Democratic Republic of the Congo, a visitor visa is better used for a genuine visit, not as a step to lodging in Australia. A refused visitor visa also needs to be disclosed later, as the guide to a partner visa after a visitor visa refusal explains.

Civil status documents when you sponsor partner from the Democratic Republic of the Congo

The core identity documents needed to sponsor partner from the Democratic Republic of the Congo are the passport, the birth record and, for married couples, the marriage record. In the Democratic Republic of the Congo, births, marriages and divorces are recorded by the civil status office of the local commune, and the documents are issued by the civil status officer (Officier de l'État Civil).

The common documents are:

  • Birth record. The full birth record is the Acte de Naissance. A full certified copy is usually called a Copie Intégrale d'Acte de Naissance, and a shorter version is an Extrait d'Acte de Naissance. The full copy is generally the better evidence because it shows the parents and the registration details.
  • Marriage record. The civil marriage record is the Acte de Mariage, issued by the commune civil status office after the civil ceremony.
  • Divorce record. A divorce is pronounced by a court in a Jugement de Divorce and may then be recorded at the commune as an Acte de Divorce.
  • National identity. The voter card (Carte d'électeur) has served as the main national identity card. It is useful supporting evidence, but it does not replace a passport.

The guide to partner visa documents and the partner visa document checklist list what every application needs. When you sponsor partner from the Democratic Republic of the Congo, the issue is not the list. It is the reliability and consistency of the documents on that list.

Late registration and the jugement supplétif

Many Congolese births were not registered within the normal period after birth. Where a birth was not registered in time, it can be registered later through a court judgment called a Jugement Supplétif à l'Acte de Naissance, issued by a local court, which is then taken to the commune to create the birth record. Couples who sponsor partner from the Democratic Republic of the Congo should expect that the partner's birth record may have been created this way, often many years after the birth.

A late registered birth record is not invalid, and it does not stop you being able to sponsor partner from the Democratic Republic of the Congo. It is the lawful way to create a birth record in the Democratic Republic of the Congo. The issue is evidential. A record created as an adult, on the applicant's own statement, is weaker evidence of the date and place of birth than a record made at the time. The Department may therefore look for other evidence that supports the same details, such as school records, earlier passports, baptism records, voter cards, and the identity details used in any previous visa applications.

The same court process exists for marriages. A customary marriage that was not filed with the commune in time can be recorded through a Jugement Supplétif à l'Acte de Mariage. That is explained in the marriage section below.

The FAQ on what to do if you cannot get a birth or marriage certificate covers the general position, and the guide to a partner visa with missing documents explains how gaps are handled.

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Marriage in the Democratic Republic of the Congo and the partner visa

A marriage registered in the Democratic Republic of the Congo can support a spouse application, provided the marriage is valid and recognised in Australia. Couples who sponsor partner from the Democratic Republic of the Congo as a married couple usually have either a civil marriage recorded at the commune or a customary marriage that has been registered.

There are three common situations:

  • Civil marriage. The couple marries before the civil status officer of the commune, and the Acte de Mariage is issued once the register is signed. This is the clearest evidence of a valid marriage.
  • Customary marriage registered on time. A customary marriage can be recorded by an attestation of monogamous customary marriage (Attestation de Mariage Coutumier Monogamique) when the customary marriage is filed with the commune within 30 days of the ceremony.
  • Customary marriage registered late. Where the customary marriage was not filed within 30 days, the couple can obtain a Jugement Supplétif à l'Acte de Mariage from a local court, and then a marriage record from the commune.

A customary ceremony that was never registered is a different matter. Whether it is a valid marriage for Australian purposes is a legal question that needs advice, and in many cases it is safer to rely on the de facto relationship, or to register the marriage properly, than to assume the ceremony is enough. The FAQ on religious or cultural marriages and the partner visa and the FAQ on an unregistered marriage and the marriage visa explain the general principles.

Is a marriage in the Democratic Republic of the Congo recognised in Australia?

Generally, yes. A marriage that is valid where it took place is generally recognised in Australia, unless an exception applies. The main exceptions are where one person was still married to someone else, where a party was under 18 without the circumstances the law allows, where the parties are too closely related, or where a party did not genuinely consent. The guide on whether an overseas marriage is recognised in Australia explains these rules, and the guide to a partner visa where the overseas marriage is not recognised explains what happens if one of them applies.

A marriage by proxy, where one spouse was not present, raises separate questions. The FAQ on proxy and online marriages explains them. Couples who sponsor partner from the Democratic Republic of the Congo and who married with only one spouse present should take advice before relying on that marriage.

A marriage certificate alone does not prove that the relationship is genuine. The FAQ on whether a marriage certificate is enough for a spouse visa explains why the Department still assesses the relationship as a whole. The guide to the partner visa marriage certificate covers the document itself.

Married or de facto?

Couples who sponsor partner from the Democratic Republic of the Congo can apply as spouses or as de facto partners. A de facto relationship usually requires 12 months of living together before the application, unless the relationship is registered in an Australian State or Territory or another exception applies. Many couples in long-distance relationships do not have 12 months of shared living, which is one reason why a properly registered marriage is often the stronger basis. The FAQ comparing a spouse visa and a de facto visa and the guide to the de facto partner visa in Australia explain the choice.

Previous marriages and divorces

Any previous marriage of either partner must be properly ended before a new marriage can be valid, and this is checked whenever couples sponsor partner from the Democratic Republic of the Congo as spouses. When you sponsor partner from the Democratic Republic of the Congo, this point is often more complex than couples expect, because a Congolese divorce is pronounced by a court and the process can take a long time.

In the Democratic Republic of the Congo, a spouse files for divorce in court. The court issues a Jugement de Divorce once it finds that reconciliation has failed, and that judgment may then be recorded at the commune. The judgment itself can serve as proof of the divorce. What matters for the partner visa is the date on which the divorce took effect, compared with the date of the new marriage.

If the new marriage took place before an earlier marriage was legally ended, the new marriage may not be recognised. The relationship may still qualify as a de facto relationship if the couple meets that definition. The guide to a partner visa while still married, the FAQ on a spouse visa while still divorcing and the guide to a partner visa after divorce explain these issues. The Australian sponsor's own divorce must be checked in the same way.

Why identity is central when you sponsor partner from the Democratic Republic of the Congo

Identity is central because every visa applicant must satisfy the Department of their identity, and the documents used to sponsor partner from the Democratic Republic of the Congo are often late registered, issued by different offices, or written with variations in names and dates. Inconsistencies that have an innocent explanation can still lead to questions, requests for more information, or refusal if they are not explained.

Common sources of inconsistency include:

  • a birth record created years after birth, showing a different date from a school record;
  • names recorded in a different order, or with a post-name, on different documents;
  • spelling differences between French documents and the English translation;
  • more than one birth record, created in different communes or at different times;
  • differences between details given in a previous Australian visa application and the current one.

The Administrative Review Tribunal has dealt with this kind of problem. In 2305833 (Migration) [2026] ARTA 1686, a Subclass 820 matter, the reported issues were the applicant's identity details, multiple birth certificates and a decentralised civil registration system. The Tribunal remitted the matter to the Department for reconsideration. The decision shows that documents from a decentralised registry need careful explanation, not that multiple records are harmless.

The FAQ on different names and dates across documents and the FAQ on a partner visa with a different identity explain how inconsistencies should be dealt with. The answer is never to choose one version and hide the others. It is to disclose every version and explain how each came to exist.

Public interest criterion 4020 and bogus documents

Public interest criterion 4020 allows a partner visa to be refused if the applicant gives a bogus document or information that is false or misleading in a material particular. The definition of a bogus document in section 5(1) of the Migration Act 1958 includes a document the Minister reasonably suspects was obtained because of a false or misleading statement, whether or not the statement was made knowingly.

This matters to anyone who wants to sponsor partner from the Democratic Republic of the Congo. A late birth record or a jugement supplétif is created from statements made to a court or a civil status office. If those statements were wrong, even innocently, the resulting document may be treated as having been obtained because of a false or misleading statement. The Department's policy also notes that giving a genuine document later does not undo the fact that a bogus document was given earlier.

In Udeh (Migration) [2025] ARTA 2009, a Subclass 309 matter, the reported issues were false or misleading information and bogus documents concerning a date of birth and a passport, and the waiver discretion. The Tribunal remitted the matter. For partner visas, the requirement can be waived where there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The Department's policy says there is no waiver for the separate identity requirements in the same criterion.

The guide to partner visa PIC 4020, the guide to partner visa false documents and the FAQ on an honest mistake versus PIC 4020 explain the rule in more depth. The safest course is to identify every document problem before lodgement, not after the Department finds it.

French documents and English translations

Documents in a language other than English must be accompanied by an English translation. French is the official language of the Democratic Republic of the Congo, so most documents used to sponsor partner from the Democratic Republic of the Congo, including civil records, court judgments and police certificates, will need translation.

The Department's guidance is that if the applicant is in Australia when applying, the translation should be done by a translator accredited by NAATI. If the applicant is outside Australia, the translation must be done by a qualified translator who endorses it with their full name, address, telephone number and details of their qualifications and experience. For a Subclass 309 applicant in the Democratic Republic of the Congo, either option is generally acceptable as long as the translation is accurate and properly endorsed, and many sponsors arrange NAATI translations in Australia for consistency.

Accuracy matters more than cost when you sponsor partner from the Democratic Republic of the Congo. A translation that changes the order of names, drops a post-name, or converts a date incorrectly creates the kind of inconsistency explained above. The guide to partner visa evidence translation, the FAQ on translating a marriage certificate and the FAQ on certified copies for a partner visa explain the practical steps.

Lingala is the most widely spoken language in the Democratic Republic of the Congo. Messages between the couple in Lingala or French may need translation if they are relied on. The FAQ on translating messages for a partner visa explains how to select and translate a representative sample rather than every message.

Police certificate from the Democratic Republic of the Congo

The police certificate from the Democratic Republic of the Congo is the Extrait du Casier Judiciaire, a criminal record extract. When you sponsor partner from the Democratic Republic of the Congo, the partner will usually need one if they have lived in the Democratic Republic of the Congo for a total of 12 months or more in the last 10 years since turning 16.

Based on official government information about the process:

  • the extract is issued under the authority of the Ministry of Justice and is signed by a senior judicial police officer;
  • the applicant usually applies in person with identity documents and a full set of fingerprints at a judicial police office, with offices in Kinshasa and Goma;
  • a person outside the country can usually start the process through the nearest embassy of the Democratic Republic of the Congo, which can take longer;
  • certified copies are generally not available, so the original should be kept safely and scanned in colour.

The certificate will be in French and must be translated. Police certificates for other countries where the partner has lived for 12 months or more in the last 10 years are also required. Couples who sponsor partner from the Democratic Republic of the Congo where the partner has lived in a neighbouring country, such as the Republic of the Congo, Angola, Uganda or South Africa, should plan for those certificates as well.

Timing matters. Police certificates have a limited validity period for Australian visa purposes, so obtaining them too early can mean they expire before a decision. The FAQ on police certificate and health check validity, the guide to partner visa overseas police certificates and the guide to expired police checks explain when to apply.

If a certificate genuinely cannot be obtained after real efforts, the Department may accept other evidence, and in some cases its policy asks for a statutory declaration describing the efforts made. The FAQ on what to do if you cannot get a police certificate explains this. The guide to partner visa character requirements explains how any record is assessed.

The sponsor's police checks

The Australian sponsor may also be asked for police checks, including an Australian Federal Police check and checks for countries where the sponsor has lived for 12 months or more. Sponsors who were themselves born in the Democratic Republic of the Congo and lived there as adults may need a Congolese certificate too. The guide to the partner visa sponsor police check and the guide to the partner visa AFP police check explain the process.

The Congolese passport

A valid passport is needed for the whole process to sponsor partner from the Democratic Republic of the Congo, from lodgement through to grant. Passports are issued by the Ministry of Foreign Affairs. Only biometric passports with a chip are now treated as valid Congolese passports, so an older non-biometric or semi-biometric passport should be replaced before the application.

If the passport changes while you sponsor partner from the Democratic Republic of the Congo, the Department must be told. The guide to a partner visa change of passport and the FAQ on a partner visa with an expired passport explain what to do. The visa is linked to the passport, so travelling on a new passport that the Department does not know about can cause problems at the border.

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Relationship evidence when you live in different countries

The relationship evidence needed to sponsor partner from the Democratic Republic of the Congo is the same as for any couple: the Department looks at the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the couple's commitment to each other. What differs is how a couple who live in different countries shows each aspect.

There is one relationship statement for the application, which covers the history of the relationship and each of these aspects. The four aspects are not separate statements. The guide to the genuine and continuing relationship test and the guide to the partner visa relationship statement explain this structure.

For couples who sponsor partner from the Democratic Republic of the Congo while living apart, useful evidence often includes:

  • Financial aspects. Regular money transfers from the sponsor, with receipts from the transfer service, and evidence of what the money paid for, such as rent, school fees or medical costs. The FAQ on money transfers as relationship evidence and the guide to partner visa financial evidence explain how to present them.
  • Nature of the household. Periods of living together during visits, accommodation booked in both names, and plans for where the couple will live in Australia. The guide to household evidence explains this aspect.
  • Social aspects. Wedding or customary ceremony photographs, evidence that families know of the relationship, and Form 888 statements from people who know the couple. The FAQ on statements from overseas friends and the guide to Form 888 witness statements explain who can provide them.
  • Commitment. Communication history across the whole relationship, travel records, and evidence of plans for the future. The guide to partner visa chat evidence and the guide to partner visa travel evidence explain how to select this material.

The Tribunal has considered couples who could not show a shared household because they lived in different countries. In Koroma (Migration) [2026] ARTA 200, a Subclass 309 matter, the reported issues were that the couple was validly married in the applicant's home country but had limited financial, household and social aspects while living in different countries. The Tribunal remitted the matter. The point for those who sponsor partner from the Democratic Republic of the Congo is that living apart is not fatal, but the evidence and the explanation for the separation must be clear.

The guide to a partner visa in a long-distance relationship, the FAQ on a long-distance relationship and the partner visa and the guide to a partner visa without living together explain how the Department approaches time apart.

Visiting your partner and meeting in a third country

Smartraveller currently advises Australians not to travel to the Democratic Republic of the Congo because of the security situation. Sponsors who want to sponsor partner from the Democratic Republic of the Congo should read the current advice before any trip and understand that consular help is very limited.

Australia does not have an embassy or consulate in the Democratic Republic of the Congo. Australia's diplomatic representation to the country is from the Australian Embassy in Harare, Zimbabwe. Smartraveller notes that the Canadian Embassy in Kinshasa provides some consular assistance to Australians.

Because of this, many couples who sponsor partner from the Democratic Republic of the Congo meet in a third country. That is a legitimate way to build a relationship, and time spent together in a third country is relationship evidence like any other. Keep the flight bookings, boarding passes, accommodation records in both names, photographs across the visit, and passport stamps. The Department looks at the whole relationship, and a pattern of planned meetings over time is strong evidence of commitment. The guide to partner visa photo evidence explains how to choose photographs that show the relationship rather than a single event.

Where the sponsor has decided not to travel because of safety advice, the relationship statement should say so plainly. A decision maker can understand that a sponsor followed government safety advice, but only if the application explains it. The guide to a partner visa with limited evidence explains how to present an honest account when evidence is thin.

Biometrics, health examinations and where visa services are handled

The partner will usually be asked to provide biometrics and complete health examinations as part of the application to sponsor partner from the Democratic Republic of the Congo. The Department sets out what is required, and where, in its requests through ImmiAccount. Because Australia has no embassy in the Democratic Republic of the Congo, the partner may need to travel to another location for some of these steps.

The practical points are:

Couples who sponsor partner from the Democratic Republic of the Congo should not book travel to a third country for biometrics or health checks without first confirming the current location and appointment requirements. Any visa needed to enter that country is a separate matter for the partner.

What does it cost to sponsor partner from the Democratic Republic of the Congo?

At the time of writing, the Department's visa application charge for a partner visa main applicant is AUD 11,710. This charge applies to the combined Subclass 309 and Subclass 100 application, and to the combined Subclass 820 and Subclass 801 application, and is the same whether you sponsor partner from the Democratic Republic of the Congo or from any other country. Additional charges apply for dependent family members included in the application.

Other costs commonly include translations, police certificates, health examinations, travel for biometrics, and the cost of obtaining Congolese civil documents and court judgments. The guide to partner visa cost explains these, and the FAQ on who pays the partner visa fee answers a common question. Government charges to sponsor partner from the Democratic Republic of the Congo change, usually on 1 July, so the current figure should be checked before lodgement.

What if the partner visa is refused?

If a Subclass 309 application is refused, the decision can usually be reviewed by the Administrative Review Tribunal. For a Subclass 309 refusal, the review application is made by the visa applicant in their own name, and it can be made from anywhere. The time limit is short and strictly applied, and it runs from when the refusal is taken to have been received, so the refusal letter should be read on the day it arrives.

For an onshore Subclass 820 refusal, the review application must be made within 28 days after the refusal is notified. At the time of writing, the Tribunal's application fee for a partner visa review is AUD 3,727.

The FAQ on who applies for review of an offshore refusal, the guide to the partner visa ART review process and the firm's partner visa refusals page explain the next steps. A remittal by the Tribunal is not a grant, as the FAQ on whether a Tribunal remittal means the visa will be granted explains. Couples who sponsor partner from the Democratic Republic of the Congo and receive a request for more information should respond fully and on time. The guide to the partner visa section 56 request and the guide to the section 57 natural justice letter explain those letters.

Common mistakes when you sponsor partner from the Democratic Republic of the Congo

The most common mistakes when couples sponsor partner from the Democratic Republic of the Congo are document mistakes, not relationship mistakes. They include:

  • Naming the wrong Congo. Recording the Republic of the Congo instead of the Democratic Republic of the Congo, or simply "Congo", on forms or translations.
  • Not explaining a late registered birth. Providing a birth record created by a jugement supplétif without explaining when and why it was obtained.
  • Hiding a second record. Leaving out an earlier birth record or an earlier identity used in another visa application. Disclosure with an explanation is far safer.
  • Relying on an unregistered customary marriage. Applying as spouses on the strength of a ceremony that was never registered, without considering the de facto option.
  • Poor translations. Using translations that alter names, dates or the order of names.
  • Police certificates at the wrong time. Obtaining the Extrait du Casier Judiciaire too early, so that it expires before the decision.
  • Visitor visa shortcuts. Planning to lodge a Subclass 820 in Australia after arriving on a visitor visa, without checking condition 8503 or the Schedule 3 consequences.
  • Thin evidence of time together. Not keeping records of meetings in third countries, money transfers and communication.

The guide to partner visa application mistakes, the guide to why partner visas get refused and the guide to a partner visa application review explain how to avoid these problems before lodgement. The guide to the partner visa relationship evidence covers evidence in more depth.

How My Migration Lawyers helps you sponsor partner from the Democratic Republic of the Congo

My Migration Lawyers advises Australian sponsors who want to sponsor partner from the Democratic Republic of the Congo, from the first review of the Congolese documents through to the Department's decision and, where needed, review by the Administrative Review Tribunal. The firm deals with complex partner visa cases, acts in many sponsor matters involving partners from overseas, including partners from Africa, and is capable of handling the identity, document and evidence issues these applications raise.

On matters where an Australian wants to sponsor partner from the Democratic Republic of the Congo, the firm's work includes:

  • reviewing every Congolese civil record, including birth records created by a jugement supplétif, marriage records, customary marriage attestations and divorce judgments, and identifying inconsistencies before the Department does;
  • advising whether the couple should apply as spouses or as de facto partners, having regard to how and when the marriage was registered;
  • planning the timing of the Extrait du Casier Judiciaire and any other police certificates, so that they are valid at the time of decision;
  • checking translations against the original French documents for names, dates and places;
  • advising on the Subclass 309 or Subclass 820 pathway, including the visitor visa, condition 8503 and Schedule 3 risks;
  • presenting the couple's own account of the relationship and their evidence of time apart, money transfers, meetings in third countries and communication in the form the law requires;
  • responding to section 56 requests, section 57 letters and identity or PIC 4020 concerns;
  • acting on Administrative Review Tribunal applications where a partner visa has been refused.

The firm's work is led by Weiwei Zhang, Principal Lawyer. The guide to what a complex partner visa lawyer does and the guide to an offshore partner visa lawyer explain the approach. Consultations are by video, so the firm advises sponsors across Australia, including clients of the partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra and Parramatta. The guide to a partner visa lawyer consultation explains what to bring, and more answers are in the partner visa questions centre.

If you want to sponsor partner from the Democratic Republic of the Congo, book a consultation with My Migration Lawyers before you lodge, so the documents and evidence are right from the start. You can also call 1300 040 300.

Frequently Asked Questions

Can I sponsor my partner from the Democratic Republic of the Congo for an Australian partner visa?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from the Democratic Republic of the Congo if the couple is married or in a genuine de facto relationship. Most couples use the offshore Subclass 309 visa, which leads to the permanent Subclass 100 visa. The sponsor must meet the sponsor criteria, and the Congolese partner must meet health, character and identity requirements. There is no country quota and no special rule for Congolese citizens, but the documents need careful preparation.

Can my Congolese partner come to Australia on an eVisitor visa?

No. Passports of the Democratic Republic of the Congo are not eVisitor eligible passports, so a Congolese partner who wants to visit Australia must apply for a Visitor visa (Subclass 600). That application involves a full assessment of whether the visit is genuinely temporary. The relationship should be disclosed honestly in the visitor visa application. Many visitor visas also carry condition 8503, which prevents most applications in Australia, including a Subclass 820 partner visa, unless the condition is waived.

Should we apply for the Subclass 309 or the Subclass 820 visa?

Most couples with a partner in the Democratic Republic of the Congo apply for the offshore Subclass 309 visa. The Subclass 820 is only available if the partner is in Australia when the application is made, and a partner who arrived on a visitor visa may be prevented from applying by condition 8503. A partner who stays after their visa ends must also meet Schedule 3. The Subclass 309 avoids those problems, but the partner must be outside Australia when it is applied for and decided.

My partner's birth was registered late by a jugement supplétif. Is that a problem?

Not by itself. A Jugement Supplétif à l'Acte de Naissance is the lawful way to register a birth late in the Democratic Republic of the Congo, and many Congolese birth records were created this way. Because the record was made long after the birth, the Department may look for other evidence of the same date and place of birth, such as school records, earlier passports or previous visa applications. The application should explain when and why the judgment was obtained.

What if my partner has two different birth certificates?

Disclose both and explain how each was created. Two birth records from different communes, or from different years, are not unusual where civil registration is decentralised, but hiding one of them can lead to a finding that false or misleading information was given. The explanation should say which office issued each record, when, why the second one was needed, and which details are correct. Supporting evidence such as school records and previous identity documents should be provided to show the true details.

Is a customary marriage in the Democratic Republic of the Congo valid for a spouse visa?

It can be, if it was properly registered. A customary marriage filed with the commune within 30 days can be recorded by an Attestation de Mariage Coutumier Monogamique. A customary marriage filed later can be recorded through a Jugement Supplétif à l'Acte de Mariage and a commune record. A ceremony that was never registered raises a legal question about validity, and in that case the couple should take advice on applying as de facto partners or registering the marriage first.

How does my partner get a police certificate in the Democratic Republic of the Congo?

The Congolese police certificate is the Extrait du Casier Judiciaire, issued under the authority of the Ministry of Justice. The applicant usually applies in person with identity documents and fingerprints at a judicial police office, with offices in Kinshasa and Goma. A person outside the country can usually start the process through an embassy of the Democratic Republic of the Congo. The certificate is in French and needs an English translation, and certified copies are generally not available.

Do Congolese documents in French need to be translated?

Yes. Every document that is not in English must be accompanied by an English translation. If the applicant is in Australia when applying, the Department's guidance is to use a NAATI accredited translator. If the applicant is outside Australia, a qualified translator must complete and endorse the translation with their name, address, telephone number and qualifications. Names, dates and places should be checked carefully against the original French, because translation errors create inconsistencies the Department may question.

Does it matter if a form says Congo instead of Democratic Republic of the Congo?

Yes. The Democratic Republic of the Congo, with its capital in Kinshasa, and the Republic of the Congo, with its capital in Brazzaville, are separate countries with separate passports, civil registries and police certificates. A form or translation that names the wrong country, or simply says Congo, can create an inconsistency in the identity evidence. Every form and translation used to sponsor partner from the Democratic Republic of the Congo should name the correct country of birth and citizenship.

Where will my Congolese partner do biometrics and health checks?

The Department explains where biometrics can be given in its request letter, and health examinations must be done by a panel physician on the Department's list. Australia has no embassy in the Democratic Republic of the Congo, so the partner may need to travel to another location for some steps. The partner should confirm the current location and appointment requirements before booking travel, and should check whether a visa is needed to enter that country.

Is it safe to visit my partner in the Democratic Republic of the Congo?

Smartraveller currently advises Australians not to travel to the Democratic Republic of the Congo because of the security situation, and Australia has no embassy or consulate there. Sponsors should read the current advice before deciding to travel. Many couples meet in a third country instead, and time spent together there is valid relationship evidence. If the sponsor has not travelled because of safety advice, the relationship statement should explain that decision clearly.

How do we prove our relationship when we live in different countries?

By showing each aspect of the relationship through the evidence a long-distance couple naturally has. This includes regular money transfers and what they paid for, records of time spent together, including visits in third countries, communication across the whole relationship, photographs, and Form 888 statements from people who know the couple. One relationship statement should explain how the relationship began and developed, why the couple lives apart, and their plans to live together in Australia.

My partner was divorced in the Democratic Republic of the Congo. What proof is needed?

The divorce judgment is usually the key document. A Congolese divorce is pronounced by a court in a Jugement de Divorce, which can be recorded at the commune as an Acte de Divorce, and the judgment itself can serve as proof of divorce. The important point is the date the divorce took effect. If a new marriage took place before an earlier marriage legally ended, the new marriage may not be valid, and advice is needed on applying as de facto partners.

How much does it cost to sponsor partner from the Democratic Republic of the Congo?

At the time of writing, the Department's visa application charge for the main applicant is AUD 11,710 for the combined Subclass 309 and Subclass 100 application. The charge is the same for every nationality. Additional costs usually include English translations, the Congolese police certificate and any other police certificates, health examinations, travel for biometrics, and obtaining civil records or court judgments. Government charges usually change on 1 July, so the current figure should be checked before lodgement.

Can I sponsor partner from the Democratic Republic of the Congo if I was sponsored as a partner myself?

Possibly, but the sponsorship limitations need to be checked first. A sponsor who was granted a visa as a partner within the last five years, who sponsored another partner within the last five years, or who has already sponsored two partners, is generally limited from sponsoring again. The Department can approve the sponsorship if there are compelling circumstances. Sponsors with this history should take advice before lodging, because a refused sponsorship leads to the visa being refused.

What happens if my Congolese partner's Subclass 309 visa is refused?

The refusal can usually be reviewed by the Administrative Review Tribunal. For a Subclass 309 refusal, the review application is made by the visa applicant in their own name, and it can be made from anywhere. The time limit is short and strictly applied, and it runs from when the refusal is taken to have been received. At the time of writing, the Tribunal's application fee for a partner visa review is AUD 3,727. The refusal letter should be read the day it arrives.

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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.

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