Sponsoring a Partner From Denmark

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

Key Takeaways

  • An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a partner from Denmark for a partner visa, either onshore through the Subclass 820 and Subclass 801 visas or offshore through the Subclass 309 and Subclass 100 visas.
  • Danish passports are eVisitor eligible passports, so a Danish partner can usually visit Australia without a full visitor visa application, and may be able to lodge a Subclass 820 in Australia if the visa held does not carry a condition such as 8503.
  • The conditions on the Danish partner's current visa decide whether an onshore application is possible, so they must be checked on the grant notice or in VEVO before any plan is made.
  • Many Danish couples live together without marrying, and Danish registers such as the CPR register extract and a residence certificate can help prove a shared household for a de facto application.
  • The Danish criminal record certificate (straffeattest) is issued free of charge by the Danish National Police, and it is only issued in Danish if the person has convictions, in which case it must be translated.

To sponsor partner from Denmark, 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 Danish partner can then apply for a partner visa either in Australia, through the Subclass 820 and Subclass 801 visas, or outside Australia, through the Subclass 309 and Subclass 100 visas.

The main decision when you sponsor partner from Denmark is not whether the relationship qualifies. It is which pathway to use. Danish citizens can usually visit Australia on an eVisitor, and many come on a Working Holiday visa. That makes the onshore Subclass 820 a real option for many Danish couples, but only if the conditions on the partner's current visa allow it.

This guide is written for the Australian sponsor. It explains the onshore and offshore choice, the eVisitor and condition 8503, Working Holiday visa holders, Danish marriages and registered partnerships, how Danish registers can prove a shared household, the Danish police certificate, and what to do if a problem arises. For a broader overview, start with the complete guide to partner visas in Australia and the firm's partner visa lawyers page.

Can I sponsor partner from Denmark?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor partner from Denmark if the couple is married or in a de facto relationship that is genuine and continuing. There is no quota and no nationality rule that applies to Danish citizens.

The sponsor must also meet the sponsor criteria. The FAQ on who can sponsor a partner visa gives the short answer, and the guide to partner visa sponsor eligibility explains each rule. Two points often matter for couples who sponsor partner from Denmark:

  • Sponsorship limitations. A sponsor who has already sponsored two partners, who sponsored a partner within the last five years, or who was granted a visa as a partner within the last five years, is generally limited from sponsoring again unless there are compelling circumstances. The guide to partner visa sponsorship limitations explains these rules.
  • Australians living in Denmark. An Australian citizen who has been living in Denmark with their partner can still sponsor. The guide to a partner visa sponsor living overseas and the guide to a partner visa sponsor returning to Australia explain what the Department expects.

A permanent resident sponsor who has lived in Denmark for a long time should also check their own visa status, because a permanent resident who has been away may need a resident return visa. The guide to a partner visa sponsor resident return visa explains this.

The Danish partner, as the visa applicant, must meet health, character and identity requirements. For couples who sponsor partner from Denmark, these are usually straightforward, but the Danish police certificate and the correct visa pathway still need care.

Can a Danish partner visit Australia on an eVisitor?

Yes. Danish passports are eVisitor eligible passports under the Migration Regulations 1994, so a Danish citizen can usually apply online for the free eVisitor (Subclass 651) rather than a full Visitor visa. The Department describes the eVisitor as allowing a stay of up to three months each time the holder enters Australia, with multiple visits allowed in a 12 month period.

The eVisitor is a visitor visa. It is granted for tourism or business visitor purposes, not for living in Australia. A Danish partner who plans to visit the Australian sponsor should apply honestly for the purpose of the visit. The FAQ on whether to mention your partner on a visitor visa application explains why honesty matters.

For couples who sponsor partner from Denmark, the eVisitor has two uses:

  • Building the relationship. Regular visits under the eVisitor are relationship evidence in their own right.
  • Being in Australia to lodge onshore. Because a Subclass 820 can only be applied for in Australia, a Danish partner who is in Australia on an eVisitor may be able to lodge, if the visa conditions allow it.

The guide to moving from a tourist visa to a partner visa in Australia and the guide to a partner visa while on a tourist visa explain the general position. The FAQ on visiting Australia while a Subclass 309 is processing explains how visits work if the couple chooses the offshore pathway.

Can a Danish partner apply for a Subclass 820 in Australia?

Often, yes, but it depends on the conditions of the visa the partner holds when the application is made. To sponsor partner from Denmark onshore, the Danish partner must be in Australia when the Subclass 820 application is lodged, and must generally hold a visa that does not prevent the application, or else meet the Schedule 3 criteria.

The firm's page on the Subclass 820 visa explains the onshore visa, and the FAQ on whether you need to be in Australia when the Subclass 820 is granted explains the location rules at decision.

The advantages of the onshore pathway for couples who sponsor partner from Denmark are practical:

  • the couple can live together in Australia while the application is processed;
  • the Danish partner is usually granted a bridging visa, which generally comes into effect when the current visa ends and lets the partner remain lawfully;
  • the bridging visa usually allows work once it is in effect, and the guide to Subclass 820 work rights on a bridging visa explains this.

The disadvantages also need to be understood. A Bridging visa A does not allow travel outside Australia. A partner who needs to return to Denmark during processing, for family or work, will usually need a Bridging visa B first. The guide to the partner visa Bridging visa B and the guide to partner visa overseas travel explain the travel rules.

Condition 8503 and the eVisitor

Condition 8503 (No Further Stay) prevents the holder from making a valid application for most other visas while in Australia, including a Subclass 820. Whether a Danish partner can sponsor partner from Denmark onshore therefore depends on whether that condition is on the partner's visa.

The safest rule is simple. Do not assume. Check the grant notice for the visa the Danish partner holds, and check the visa's conditions in VEVO, before planning an onshore application. If condition 8503 is on the visa, an onshore application is usually not possible unless the condition is waived, and waivers are only available in limited circumstances that arose after the visa was granted. The guide to partner visa no further stay, the guide to the Subclass 820 no further stay 8503 condition and the FAQ on condition 8503 and the partner visa explain the rule.

If the visa does not carry condition 8503, the partner can generally lodge a Subclass 820 while the visa is still in effect. The application should be lodged before the visa expires. A partner who lets the visa expire becomes unlawful and must then meet Schedule 3, which is a much harder test. The firm's page on the Schedule 3 waiver explains it, and the guide to a partner visa application before visa expiry explains the timing.

Sponsor partner from Denmark offshore: the Subclass 309

The offshore pathway to sponsor partner from Denmark is the Subclass 309 Partner (Provisional) visa, followed by the Subclass 100 Partner (Migrant) visa. The Danish partner must be outside Australia when the application is made and when the Subclass 309 is decided.

The Subclass 309 is lodged online through ImmiAccount. There is no paper application and no lodgement at the Australian Embassy in Copenhagen. The firm's page on the Subclass 309 visa and the guide to offshore partner visa lodgement explain the process.

The offshore pathway suits couples who sponsor partner from Denmark where:

  • the Danish partner holds a visa with condition 8503, so an onshore application is not possible;
  • the couple is still living in Denmark and plans to move to Australia once the visa is granted;
  • the Danish partner needs to keep working in Denmark or travelling freely while the application is processed.

A Danish partner who has lodged a Subclass 309 can still visit Australia on an eVisitor during processing, but must be outside Australia when the Subclass 309 is decided. The FAQ on being outside Australia when the Subclass 309 is granted explains why this matters. Lodging the wrong subclass for the partner's location can make the application invalid, as the FAQ on an offshore application lodged in Australia explains.

Onshore or offshore: how to choose when you sponsor partner from Denmark

The right pathway to sponsor partner from Denmark depends on where the couple wants to live during processing, the conditions on the partner's current visa, and how much the partner needs to travel.

In general terms:

  • Choose onshore (Subclass 820) where the partner is lawfully in Australia on a visa without condition 8503, the couple wants to live together in Australia during processing, and the partner does not need to travel often.
  • Choose offshore (Subclass 309) where condition 8503 applies, the couple is based in Denmark, or the partner needs freedom to travel and work in Europe during processing.

The visa application charge is the same for both pathways. The guide comparing onshore and offshore partner visas, the FAQ comparing Subclass 820 and Subclass 309 and the guide on which partner visa pathway to choose set out the differences in more detail. The FAQ on onshore versus offshore processing time explains why timing should not be the only consideration.

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Danish Working Holiday visa holders

A Danish partner in Australia on a Working Holiday visa can often lodge a Subclass 820 while that visa is in effect, which makes it one of the most common ways to sponsor partner from Denmark onshore. Denmark is a Working Holiday partner country, and since 1 July 2022 the upper age limit for Danish Working Holiday applicants has been 35.

Many people who sponsor partner from Denmark met their partner while the partner was on a working holiday. The relationship may then grow while the partner is working and travelling around Australia. That history is useful evidence, but it also needs to be explained carefully, because working holiday travel can involve periods of living apart.

The key points for couples who sponsor partner from Denmark from a Working Holiday visa, in the order they arise, are:

  • Check the conditions. Confirm in VEVO that the Working Holiday visa does not carry a no further stay condition before planning to lodge.
  • Lodge before the visa ends. Lodging while the Working Holiday visa is in effect avoids Schedule 3.
  • Consider the 12 month rule. A couple who has not lived together for 12 months may not yet meet the de facto definition unless an exception applies.
  • Explain periods apart. Regional work, farm work or travel may mean the couple did not live together all the time.

The guide to a partner visa from a Working Holiday visa and the FAQ on a lawyer for a partner visa on a Working Holiday visa explain the position in more detail. The guide to a partner visa temporary separation explains how short periods apart are treated.

Married in Denmark: the Danish marriage certificate

A marriage that took place in Denmark can support a spouse application to sponsor partner from Denmark, and the Danish marriage certificate (vielsesattest) is the key document. Danish marriages are performed either in a civil ceremony by the municipality or in a church or recognised religious community.

The Danish process to marry, before you sponsor partner from Denmark as spouses, has two steps:

  • Assessment of the marriage conditions. Before marrying, the couple must obtain a certificate that they meet the conditions of the Danish Marriage Act (prøvelsesattest). Where one partner is not a Danish or Nordic citizen and does not have an unlimited right to reside in Denmark, which is usually the case for an Australian, the assessment is handled by the Agency of Family Law (Familieretshuset). Otherwise the municipality handles it.
  • The ceremony. In a civil ceremony, the municipality hands over the marriage certificate immediately afterwards. In a church ceremony, the priest issues the certificate. In another recognised religious community, that community issues it.

For partner visa purposes, the Danish marriage certificate should be provided with an English translation if it is in Danish. A marriage valid under Danish law is generally recognised in Australia, unless an exception applies. The guide on whether an overseas marriage is recognised in Australia and the FAQ on overseas marriages and the partner visa explain the rules.

Some couples who sponsor partner from Denmark prefer to marry in Australia instead. That requires a Notice of Intended Marriage to be given to an authorised celebrant at least one month before the wedding. The FAQ on the Notice of Intended Marriage and the FAQ on how to get married in Australia explain the steps. A partner who marries in Australia while on a visitor visa should read the FAQ on marrying in Australia on a visitor visa before relying on the marriage for an onshore application.

A marriage certificate alone does not prove that the relationship is genuine. The FAQ on whether a marriage certificate is enough explains why the Department still looks at the whole relationship.

Danish registered partnerships

A Danish registered partnership entered into before 15 June 2012 remains valid, and it can be relevant when you sponsor partner from Denmark. Since 15 June 2012, same-sex couples have been able to marry in Denmark, the Registered Partnership Act was repealed, and new registered partnerships can no longer be entered into.

An existing registered partnership entered into in Denmark can be converted into a marriage if both partners agree, which can simplify the evidence needed to sponsor partner from Denmark as spouses. The municipality issues a marriage certificate dated with the original registration date. For an Australian partner visa, a couple in a registered partnership should take advice on whether to apply as spouses after conversion, or as de facto partners relying on the registered relationship and their history together.

Same-sex couples have the same access to Australian partner visas as any other couple. The firm's page on the LGBTI partner visa, the FAQ on same-sex marriage and the spouse visa and the FAQ on an overseas registered relationship and the partner visa explain the position.

Danish de facto couples and the 12 month rule

Many Danish couples live together for years without marrying, so many people who sponsor partner from Denmark apply as de facto partners. A de facto relationship for partner visa purposes generally requires the couple to have lived together, or not lived separately and apart on a permanent basis, and to have been in the de facto relationship for at least 12 months before the application.

There are exceptions to the 12 month requirement. The most common is registration of the relationship under a law of an Australian State or Territory. The FAQ on registering a de facto relationship for a partner visa, the FAQ on registering a relationship with a partner overseas and the guide to the Subclass 820 de facto 12 months rule explain how this works. Registration rules differ between States and Territories, and some require residence in that State or Territory.

The 12 month period does not need to have been spent in Australia. Time living together in Denmark counts. The FAQ on living together overseas for 12 months and the FAQ on when the 12 month de facto period starts explain how the period is counted.

Proving a shared household with Danish records

Danish public registers can be strong evidence of a shared household when you sponsor partner from Denmark. Every person registered in Denmark has a CPR number and a registered address in the Central Person Register (CPR), so couples who lived together in Denmark can often show their shared address from official records.

Useful Danish household evidence can include:

  • A CPR register extract. A person registered in the CPR can request access to the information registered about them, including their address, through the CPR self-service on borger.dk using MitID. Some earlier information is stored historically.
  • A residence certificate (bopælsattest). This is ordered from the municipality and confirms where a person is or was registered as living.
  • A joint lease or property documents. A lease in both names, or property ownership records.
  • Joint bills and accounts. Utility bills, insurance and joint bank accounts in both names at the same address.
  • Correspondence. Letters from Danish authorities, banks or employers addressed to both partners at the shared address.

Any Danish record used to sponsor partner from Denmark needs an English translation if it is in Danish. A sponsor who was registered at the Danish address should obtain their own records too, because evidence that both people were registered at the same address is stronger than one record alone.

The guide to partner visa household evidence, the FAQ on household evidence for a partner visa, the FAQ on a lease in both names and the guide to a partner visa joint bank account explain how this evidence is used. The FAQ on what counts as living together answers a common question.

Form 888 statements and statements from Danish friends

Form 888 statements can only be given by Australian citizens, Australian permanent residents or eligible New Zealand citizens, so most Danish friends and family cannot complete a Form 888. That does not mean their support is wasted when you sponsor partner from Denmark. It means their support needs to be given in a different form.

The practical approach is:

  • Form 888 statements from Australian friends, colleagues and family members who know the couple, describing how they know the couple and why they believe the relationship is genuine;
  • ordinary signed statements from Danish friends and family, with a copy of their identity document, describing what they have seen of the relationship in Denmark;
  • translations of any statement written in Danish.

Statements are most useful when they are specific. A statement that describes visits to the couple's home in Denmark, family celebrations, or the couple's plans to move to Australia carries more weight than general praise. Couples who sponsor partner from Denmark often have friends on both sides of the world, and showing that both social circles know the relationship is good evidence of the social aspects.

The FAQ on who can sign Form 888, the guide to how to complete Form 888, the FAQ on how many Form 888 statements are needed and the guide to partner visa social evidence explain the detail.

Living apart between Denmark and Australia

Periods of living apart do not prevent a couple from being able to sponsor partner from Denmark, as long as the relationship continued during the separation and the reason for it is explained. Couples often spend time apart because the Danish partner returns to Denmark when a visa ends, finishes study or work, or cares for family.

The Department looks at whether the couple maintained the relationship while apart. Useful evidence includes regular communication, visits in either direction, money transfers, and plans to reunite. The relationship statement should give the dates of the separation, the reason for it, how the couple stayed in contact, and when and how they reunited.

For a de facto couple, time apart can also affect the 12 month calculation. A temporary separation for a good reason does not usually break the relationship, but a separation that looks permanent can. Couples who sponsor partner from Denmark after a long period apart should take advice on whether the de facto definition is met, or whether registration of the relationship or marriage is the better basis.

The guide to a partner visa in a long-distance relationship, the FAQ on time apart and the 12 month de facto rule, the FAQ on explaining gaps in relationship evidence and the guide to a partner visa without living together explain how time apart is assessed.

Children moving from Denmark

Dependent children of the Danish partner can usually be included in the partner visa application when you sponsor partner from Denmark. Each child must meet health and character requirements, and the Department must be satisfied about custody and the consent of any other parent who is not migrating.

Where a child has another parent in Denmark who has rights in relation to the child, that parent's consent to the child migrating, or a court order allowing it, is usually needed. The Department also considers the best interests of the child. A sponsor who will become a step-parent should also understand that the Department may ask for police checks from the sponsor where a child is included.

The guide to adding children to a partner visa, the guide to partner visa stepchildren, the FAQ on other parent consent for a child to migrate and the guide to Form 1229 for a partner visa explain these requirements. Couples who sponsor partner from Denmark with children should plan for consent early, because it can take time to arrange.

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The Danish police certificate (straffeattest)

The Danish police certificate is the certificate of criminal record (straffeattest), issued by the Danish National Police. When you sponsor partner from Denmark, the Danish partner will usually need one if they have lived in Denmark for a total of 12 months or more in the last 10 years since turning 16, which for most Danish partners means they will need one.

The Danish National Police describes the process as follows:

  • a person who is or has been resident in Denmark can request an international certificate of criminal record;
  • a person with MitID can request the certificate online, and the form is in Danish;
  • a person without MitID can send a signed written request with a copy of their passport and a postal address;
  • the certificate is free of charge and is sent by post, not by email;
  • if the person has no registered convictions, the certificate can be issued in English, German, French or Spanish;
  • if the person has convictions, the certificate is only issued in Danish, and a translation is needed.

The police state that processing takes up to five working days from when all the required information is received, plus postage. For a person living abroad who uses the online form, the police state six to eight working days plus postage. Couples who sponsor partner from Denmark should allow for postal delays, especially if the partner is already in Australia.

The Danish partner also needs police certificates for any other country where they have lived for 12 months or more in the last 10 years. Danish partners who have worked elsewhere in Europe, or completed a long working holiday in Australia, should check this carefully. An Australian police check is needed if the partner has spent 12 months or more in Australia in that period.

Police certificates have a limited validity period for Australian visa purposes, so timing matters. The FAQ on police certificate and health check validity, the FAQ on a police check for a partner visa, the guide to partner visa overseas police certificates and the guide to the partner visa AFP police check explain the process. The guide to partner visa character requirements explains how any record is assessed.

Danish documents and English translations

Documents that are not in English must be accompanied by an English translation, and this applies to every document used to sponsor partner from Denmark. Many Danish public documents, including marriage certificates, CPR extracts and residence certificates, are issued in Danish, so most applications to sponsor partner from Denmark need at least some translations.

The Department's guidance is that if the applicant is in Australia when applying, translations 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 an onshore Subclass 820, the NAATI rule therefore applies.

The guide to partner visa evidence translation, the FAQ on translating a marriage certificate and the FAQ on translating messages explain what needs translation and what does not. Messages written in Danish between the couple only need translation if they are relied on, and a representative sample is usually enough.

Relationship evidence for Danish and Australian couples

The Department assesses every relationship by looking 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. Couples who sponsor partner from Denmark provide one relationship statement covering the history of the relationship and each of these aspects, supported by documents and Form 888 statements.

The Tribunal has considered relationship evidence of the kind many Danish couples rely on. In Feng (Migration) [2025] ARTA 2425, a Subclass 309 matter, the reported issues included joint bank statements, evidence of communication and periods of cohabitation. In Forbes (Migration) [2025] ARTA 1193, a Subclass 820 matter, the reported issues were the length of the relationship and the four aspects. In both cases the Tribunal remitted the matter to the Department. The point is that the Department and the Tribunal look at the relationship as a whole, and gaps in one aspect can be explained by strength in others.

For couples who sponsor partner from Denmark, strong evidence often includes:

  • Financial aspects. Joint bank accounts, shared bills, money transfers between Australian and Danish accounts, and shared travel costs. The FAQ on financial evidence explains what helps.
  • Social aspects. Evidence that both families know and accept the relationship, joint invitations, Form 888 statements from Australian friends and signed statements from Danish friends. The FAQ on statements from overseas friends and the guide to Form 888 witness statements explain how they work.
  • Commitment. Travel between Australia and Denmark, plans to settle in Australia, and evidence of future plans. The guide to partner visa future plans and the guide to commitment evidence explain this aspect.

The guide to the partner visa relationship statement and the guide to the genuine and continuing relationship test explain how the evidence fits together.

Visitor visa history and previous applications

The visa history of the Danish partner matters when you sponsor partner from Denmark onshore. Arriving on a visitor visa and then lodging a partner visa is lawful where the visa allows it, but the Department may ask about the partner's intentions when the visitor visa was granted.

In Tang (Migration) [2026] ARTA 374, a Subclass 820 matter, the reported issues included a couple married in the applicant's home country, a previous application that had been refused, the sponsor's regular visits, and the applicant's arrival on a visitor visa. The Tribunal remitted the matter. The issues in that case show why the visa history, any previous refusals and the pattern of visits should be explained openly in the application.

Previous refusals must be disclosed by anyone who wants to sponsor partner from Denmark. The FAQ on disclosing a visa refusal and the guide to a partner visa after a previous refusal explain how a past refusal is handled. The guide to visitor visas during partner visa processing explains visits while an offshore application is pending.

Health examinations and biometrics

The Danish partner will usually need health examinations, and the Department will say in ImmiAccount what is required. Health examinations must be done by a panel physician or clinic approved by the Department, in Australia for an onshore applicant or in the relevant country for an offshore applicant. Couples who sponsor partner from Denmark should complete the examinations promptly when asked.

If the Department requests biometrics, the request explains where and how they can be given. The guide to the partner visa medical examination, the FAQ on the medical for a partner visa and the guide to partner visa biometrics explain these steps. A partner who is in Australia during processing should also read the FAQ on health insurance during partner visa processing.

What does it cost to sponsor partner from Denmark?

At the time of writing, the Department's visa application charge for a partner visa main applicant is AUD 11,710. The charge applies to the combined Subclass 820 and Subclass 801 application and to the combined Subclass 309 and Subclass 100 application, so the cost to sponsor partner from Denmark is the same whichever pathway is chosen. Additional charges apply for dependent family members.

Other costs to sponsor partner from Denmark usually include translations, health examinations and police certificates from any other countries. The Danish police certificate itself is free. The guide to partner visa cost explains the costs, and the guide to partner visa fee increases explains why the charge usually changes on 1 July.

What if the partner visa is refused?

If a Subclass 820 application is refused, the review application to the Administrative Review Tribunal must be made within 28 days after the refusal is notified. If a Subclass 309 application is refused, the review application is made by the visa applicant in their own name, and it can be made from anywhere. The time limit for a Subclass 309 review 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. A Danish partner in Australia whose Subclass 820 is refused should also take advice about their bridging visa. The FAQ on a bridging visa after a partner visa refusal, the guide to the partner visa ART review process, the guide to a partner visa refused onshore and the firm's partner visa refusals page explain the next steps.

Common mistakes when you sponsor partner from Denmark

The most common mistakes when couples sponsor partner from Denmark are pathway mistakes. They include:

  • Assuming the eVisitor allows an onshore application. Lodging plans should start with the visa's actual conditions in VEVO.
  • Letting the visa expire before lodging. This brings in Schedule 3.
  • Lodging a Subclass 309 while in Australia, or a Subclass 820 while overseas. Either can make the application invalid.
  • Travelling on a Bridging visa A. Leaving Australia without a Bridging visa B can end the bridging visa.
  • Applying as de facto partners without 12 months together. Unless an exception applies, the de facto definition may not be met.
  • Missing Danish household records. Not obtaining CPR extracts or residence certificates that prove the shared address.
  • Leaving out other police certificates. Forgetting countries where the partner lived for 12 months or more.
  • Not disclosing a previous refusal. Every previous visa refusal must be disclosed.

The guide to partner visa application mistakes, the guide to an invalid partner visa application and the guide to a partner visa application review explain how to avoid them.

How My Migration Lawyers helps you sponsor partner from Denmark

My Migration Lawyers advises Australian sponsors who want to sponsor partner from Denmark, from the first choice between the onshore and offshore pathways 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 Europe, and is capable of handling the pathway, timing and evidence questions these applications raise.

On matters where an Australian wants to sponsor partner from Denmark, the firm's work includes:

  • checking the Danish partner's current visa and its conditions, including condition 8503, before advising on a Subclass 820 or Subclass 309 application;
  • planning lodgement timing for partners on an eVisitor or a Working Holiday visa, so the application is made while the visa is in effect;
  • advising whether to apply as spouses, as de facto partners, or on the basis of a Danish registered partnership;
  • identifying Danish records that prove a shared household, such as CPR extracts and residence certificates;
  • planning the Danish straffeattest and any other police certificates so they are valid at the time of decision;
  • presenting the couple's own account of the relationship and their evidence in the form the law requires;
  • advising on bridging visas and travel during an onshore application;
  • responding to section 56 requests and section 57 letters, and 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 an onshore partner visa and the FAQ on an onshore partner visa lawyer explain the onshore work, and the guide to a partner visa lawyer consultation explains what to bring. Consultations are by video, so the firm advises sponsors across Australia and overseas, including clients of the partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, the Gold Coast and Hobart. More answers are in the partner visa questions centre.

If you want to sponsor partner from Denmark, book a consultation with My Migration Lawyers before the Danish partner's current visa ends, so the right pathway is chosen while every option is still open. You can also call 1300 040 300.

Frequently Asked Questions

Can I sponsor my Danish partner for an Australian partner visa?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Denmark if the couple is married or in a genuine de facto relationship. The Danish partner can apply onshore for the Subclass 820 and Subclass 801 visas if they are in Australia on a visa that allows it, or offshore for the Subclass 309 and Subclass 100 visas. The sponsor must meet the sponsor criteria, and the partner must meet health, character and identity requirements.

Can my Danish partner apply for a partner visa while in Australia on an eVisitor?

Possibly. Danish passports are eVisitor eligible passports, and a Danish partner in Australia can lodge a Subclass 820 if the visa they hold does not prevent it. The key question is whether condition 8503 (No Further Stay) is on the visa. This should be checked on the grant notice and in VEVO before any plan is made. If the visa allows it, the application should be lodged before the visa expires, so that Schedule 3 does not apply.

Is it better to apply onshore or offshore when sponsoring a partner from Denmark?

It depends on the couple's circumstances. The onshore Subclass 820 lets the couple live together in Australia during processing, usually with a bridging visa, but travel needs a Bridging visa B. The offshore Subclass 309 suits couples based in Denmark, partners whose visa carries condition 8503, and partners who need to travel freely. The visa application charge is the same for both. The right choice should be made before the partner's current visa ends.

My Danish partner is on a Working Holiday visa. Can we lodge a Subclass 820?

Often, yes. A Danish partner on a Working Holiday visa can generally lodge a Subclass 820 in Australia while the visa is in effect, if the visa does not carry a no further stay condition. The couple must also meet the relationship requirements, which for de facto partners usually means 12 months together unless an exception such as relationship registration applies. Periods apart during regional work or travel should be explained in the relationship statement.

How does my partner get a Danish police certificate?

The Danish National Police issue the certificate of criminal record (straffeattest). A person with MitID can request it online, and a person without MitID can send a signed written request with a copy of their passport and a postal address. The certificate is free and is sent by post. It can be issued in English if there are no registered convictions. If there are convictions, it is only issued in Danish and needs an English translation.

Is a Danish marriage recognised for an Australian spouse visa?

Generally, yes. A marriage that is valid under Danish law is generally recognised in Australia unless an exception applies, such as one party still being married to someone else. Danish marriages are performed by the municipality in a civil ceremony or in a church or recognised religious community, after the marriage conditions are assessed. The Danish marriage certificate (vielsesattest) should be provided with an English translation if it is in Danish.

We have a Danish registered partnership. Can we use it for a partner visa?

Yes, it can be relevant. Registered partnerships entered into in Denmark before 15 June 2012 remain valid, although new ones can no longer be created. A partnership registered in Denmark can be converted into a marriage if both partners agree, and the marriage certificate is dated with the original registration date. Couples should take advice on whether to apply as spouses after conversion or as de facto partners relying on their registered relationship and history together.

We lived together in Denmark but never married. Can we apply as de facto partners?

Yes. Time living together in Denmark counts towards the de facto relationship, and the 12 month requirement does not need to be met in Australia. Couples who sponsor partner from Denmark as de facto partners should prove the shared household with records such as a CPR register extract, a residence certificate, a joint lease, joint bills and correspondence to both partners at the same address. Danish documents need English translations.

Can Danish friends sign a Form 888 for our partner visa?

Usually not. Form 888 statements can only be given by Australian citizens, Australian permanent residents or eligible New Zealand citizens. Danish friends and family can still support the application with ordinary signed statements and a copy of their identity document, describing what they have seen of the relationship. Statements written in Danish need translation. Specific details, such as family events and visits to the couple's home, make any statement more useful.

Can my Danish partner travel back to Denmark while the Subclass 820 is processing?

Yes, but only with the right bridging visa. A Bridging visa A granted with a Subclass 820 application does not allow travel outside Australia. Before leaving, the partner usually needs to apply for and be granted a Bridging visa B, which allows travel and return within a set period. Leaving Australia without a Bridging visa B can cause the bridging visa to end, and the partner may then need another visa to return.

Do Danish documents need to be translated for a partner visa?

Yes, if they are not in English. Danish marriage certificates, CPR extracts and residence certificates are usually in Danish and need 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 endorse the translation with their name, address, telephone number and qualifications. The Danish police certificate may already be available in English.

What if my Danish partner's visa expires before we lodge?

The partner becomes unlawful, and a Subclass 820 application will then usually need to meet Schedule 3. Schedule 3 sets additional criteria for applicants who are not holding a substantive visa, and for partner visas those criteria can only be waived if there are compelling reasons to grant the visa. It is a difficult test. The safest course is to lodge while the current visa is in effect, or to apply offshore for the Subclass 309 if an onshore application is not possible.

How much does it cost to sponsor partner from Denmark?

At the time of writing, the Department's visa application charge for the main applicant is AUD 11,710, and it is the same for the onshore Subclass 820 and Subclass 801 application and the offshore Subclass 309 and Subclass 100 application. Additional charges apply for dependent family members. Other costs usually include translations, health examinations and police certificates from other countries. The Danish police certificate itself is free. Government charges usually change on 1 July.

Can my Danish partner bring their children to Australia?

Usually, yes. Dependent children of the Danish partner can generally be included in the partner visa application, and each child must meet health and character requirements. Where another parent has rights in relation to the child, that parent's consent or a court order allowing the child to migrate is usually needed, and the Department considers the best interests of the child. Consent should be arranged early, because it can take time.

Does a previous Australian visa refusal affect sponsoring a partner from Denmark?

It can, and it must always be disclosed. A previous refusal does not usually prevent a new partner visa application, but the Department may look at the reasons for the earlier refusal and at the partner's visa history, including arrival on a visitor visa. Some refusals carry restrictions on later applications made in Australia. The new application should explain the earlier refusal openly and show how the current relationship evidence addresses any earlier concerns.

What happens if the partner visa for my Danish partner is refused?

The refusal can usually be reviewed by the Administrative Review Tribunal. For an onshore Subclass 820 refusal, the review application must be made within 28 days after the refusal is notified. For a Subclass 309 refusal, the visa applicant applies in their own name, from anywhere, and the time limit is short and strictly applied. At the time of writing, the Tribunal's application fee for a partner visa review is AUD 3,727.

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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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