Sponsoring a Partner From Eritrea

Yes. You can sponsor partner from Eritrea on an Australian partner visa if you are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and you are in a genuine and continuing married or de facto relationship. Most couples who sponsor partner from Eritrea use the offshore Subclass 309 Partner (Provisional) visa, which leads to the permanent Subclass 100 Partner visa.

The difficult part is rarely the visa subclass. It is the paperwork and the geography. Many Eritrean partners do not live in Eritrea at the time of the application. They may be living in Ethiopia, Sudan, Uganda, Kenya, Egypt or another country, sometimes for years. Their documents may be issued by an Eritrean municipality, a church, an embassy, or a government in the country where they now live. The couple may have married in a church ceremony, before a municipality, in a third country, or by proxy. Each of these facts changes what the Department of Home Affairs will expect to see when you sponsor partner from Eritrea.

This guide is written for the Australian sponsor. It explains the decisions that matter most when you sponsor partner from Eritrea: where the application is lodged from, which police certificates are needed, how Eritrean marriage records work, whether a proxy marriage is recognised, what happens if the sponsor came to Australia on a humanitarian visa, and how to prove the relationship when you live in different countries. For the full picture of every partner subclass, the complete guide to partner visas in Australia is the best starting point, and the firm's page for partner visa lawyers explains how My Migration Lawyers acts in these matters.

Can you sponsor partner from Eritrea if your partner lives in Ethiopia, Sudan, Uganda or Kenya?

Yes. The Subclass 309 does not require the applicant to be in their country of citizenship. It requires the applicant to be outside Australia when the application is made and when the visa is granted. An Eritrean citizen living in Addis Ababa, Kampala, Nairobi or Cairo can be the applicant when you sponsor partner from Eritrea, in the same way as a partner living in Asmara.

The country of residence still matters in three practical ways:

• Police certificates. The Department usually asks for a police certificate from every country where the applicant has lived for a total of 12 months or more in the last 10 years since turning 16. A partner who left Eritrea and lived in Ethiopia and then Uganda may need three certificates, not one.
• Biometrics and health examinations. The Department will tell the applicant where to give biometrics and where to attend health examinations. The partner must be able to attend those appointments in the country where they live.
• Documents and identity. Documents issued in the country of residence (residence permits, registration cards, marriage certificates issued there) become part of the identity and relationship evidence.

The Department's instruction on the Subclass 309 is clear that the visa applicant must be outside Australia at the time of application and at the time of decision. The firm's page on the Subclass 309 visa explains the criteria in detail, and the FAQ on being outside Australia when the 309 is granted explains why the grant timing matters. Couples who are weighing their options should also read onshore vs offshore partner visa.

Does the partner need lawful status in the third country?

No visa criterion says the Subclass 309 applicant must hold a particular visa or residence permit in the country where they live. However, lawful status affects what documents the partner can obtain. For example, Canada's immigration department notes that the Ethiopian Federal Police ask non-citizens for copies of visas or permits showing legal residence in Ethiopia when they apply for a certificate of good conduct. If the partner's status in the country of residence is uncertain, that needs to be worked out early, because it may affect the police certificate, the ability to attend appointments and the documents available to prove identity.

Who can sponsor partner from Eritrea?

To sponsor partner from Eritrea, the Australian partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must usually be at least 18 years old. The sponsor gives a sponsorship undertaking, consents to police checks if asked, and agrees to provide reasonable support to the partner during the first two years in Australia.

Many sponsors in these matters are themselves former Eritrean citizens who became Australian permanent residents or citizens. Others are Australians from different backgrounds who met an Eritrean partner while working, studying or travelling. The sponsor rules are the same for both. The guide to partner visa sponsor eligibility and the FAQ on who can sponsor a partner visa explain the basic requirements. A sponsor who became a citizen by conferral should read Australian citizen partner visa sponsor, and a sponsor who is still a permanent resident should read permanent resident partner visa sponsor.

Three sponsor limits apply to everyone who wants to sponsor partner from Eritrea:

• The two-sponsorship and five-year limits in regulation 1.20J. A sponsor who has already sponsored two partners, or who sponsored a partner (or was sponsored as a partner) less than five years ago, generally cannot sponsor again unless there are compelling circumstances. The page on partner visa sponsorship limitations explains these rules.
• The sponsor character rules in regulation 1.20KC. A sponsor with convictions for certain offences, such as violence or breach of a protection order, may have the sponsorship refused. The guide to a partner visa sponsor with a criminal record explains how this works.
• The sponsor's own documents. The sponsor must prove their Australian status and identity. The guide to partner visa sponsor documents lists what is usually required.

A sponsor who is living overseas, for example with the partner in Uganda or Kenya, can still sponsor partner from Eritrea. Permanent residents living overseas need to watch their own travel facility. The guide to a partner visa sponsor living overseas and the FAQ on an Australian living overseas sponsoring a partner explain the issues.

Why an Eritrean partner usually cannot apply onshore for the Subclass 820

The onshore Subclass 820 visa is only available to a partner who is already in Australia and holds, or recently held, a visa that allows the application. Eritrean passport holders are not eligible for an Electronic Travel Authority or an eVisitor. To come to Australia at all, an Eritrean partner needs to be granted a visa, usually a Visitor visa (Subclass 600), on the basis that they are a genuine temporary visitor.

Even if a visitor visa is granted, it may carry condition 8503 (No Further Stay). That condition prevents most onshore applications, including the Subclass 820, unless it is waived. A partner who applies onshore without the right visa may also have to satisfy the Schedule 3 criteria. These are serious obstacles. For most couples who sponsor partner from Eritrea, the offshore Subclass 309 is the correct and safer pathway.

The following pages explain these issues in more depth:

• Partner visa while on a tourist visa
• Visitor visa during partner visa processing
• Partner visa condition 8503 waiver
• The FAQ on whether to mention your partner on a visitor visa application

The difference between the two pathways is explained in the guide to the Subclass 820 visa and the FAQ on Subclass 820 vs Subclass 309. Anyone told by a friend that the partner can "come as a tourist and apply here" should get advice first. A visitor visa application that does not disclose the true purpose of travel can create credibility problems that follow the couple into the partner visa.

Sponsors who came to Australia on a humanitarian visa

Many Australians who sponsor partner from Eritrea first came to Australia through the humanitarian program or after being granted a protection visa. That history does not stop them from sponsoring. It does, however, create two questions that must be answered before lodging.

The first question is whether the partner was declared to the Department before the humanitarian visa was granted. The Department's policy on the Subclass 100 explains that subclause 100.221(6) applies where the sponsor is or was the holder of a permanent humanitarian visa, the couple were already married or in a de facto relationship before that visa was granted, and the Department was told about the relationship before the grant. Evidence that the Department was told can include the humanitarian visa application form, the interview record and file notes. Where that provision applies, the permanent stage can be assessed differently from a standard two-stage application.

The second question is what the sponsor told the Department about family members over the years. Humanitarian and protection visa applications, citizenship applications and later visa applications all ask about family. If a sponsor said they were single, or did not list the partner, and now wants to sponsor partner from Eritrea on the basis of a relationship that started earlier, the Department will notice. It will compare the dates.

The FAQ on whether a former refugee can sponsor a partner answers the basic question. The guide to a partner visa sponsor's own visa history explains why earlier applications are reviewed.

What if the sponsor did not declare the partner earlier?

A sponsor who did not declare the partner earlier is not automatically barred from sponsoring. However, the earlier statements become part of the evidence, and they must be dealt with honestly and carefully before the sponsor tries to sponsor partner from Eritrea.

There are several common situations:

• The relationship started after the humanitarian visa was granted. In that case, there was nothing to declare at the time. The relationship history and the timeline need to show this clearly.
• The couple were in a relationship but not yet married or living together. Whether a relationship existed that had to be declared depends on the facts and the questions asked in the earlier form. This needs a careful review of what was asked and what was answered.
• The couple were married and the marriage was not declared. This is the most serious situation. It raises questions about the earlier visa, and it may raise questions under the integrity provisions for the partner visa itself.

In each case, the relationship statement and the timeline must be consistent with the sponsor's earlier applications, or must explain any difference truthfully. The guide to a partner visa undeclared relationship explains how these issues are assessed. The guide to PIC 4020 for partner visas explains the integrity criterion that applies when information given to the Department is false or misleading.

The practical advice is simple. Before you sponsor partner from Eritrea, obtain copies of what was said in your own earlier applications. The guide to a partner visa FOI request explains how to request your own Department records. Do not guess what you said years ago. A relationship statement that contradicts an earlier form, without explanation, is far more damaging than an honest explanation of a difficult history.

Eritrean marriage certificates: church, municipality and witness statements

An Eritrean marriage certificate is issued by the civil status office of the municipality where the marriage was registered, such as the Office of Civil Status of the Municipality of Asmara. According to the United States Department of State's reciprocity schedule for Eritrea, applicants for a marriage certificate present church documents or notarised witness statements to the municipal authorities, and requests can be made in person or through a third party holding a power of attorney.

This tells you a great deal about how to sponsor partner from Eritrea when the couple married in Eritrea:

• The religious ceremony comes first in many cases. Many Eritrean couples marry in an Orthodox, Catholic, Protestant or Muslim ceremony. The municipal certificate is then issued on the basis of the church or religious documents or witness statements.
• Certified copies are not available. The same reciprocity schedule says certified copies and alternate documents are not available for Eritrean civil records. The original municipal certificate is the document the Department will expect, together with an English translation where it is not already in English.
• Requests can be made from abroad. A spouse living in Ethiopia or Uganda may be able to obtain a certificate through a relative with a power of attorney, or through an Eritrean embassy.

The marriage certificate is usually the first document the Department asks for when you sponsor partner from Eritrea as a spouse. It proves the legal fact of the marriage. It does not prove that the relationship is genuine and continuing. The guide to the partner visa marriage certificate explains what the certificate does and does not prove, and the FAQ on whether a marriage certificate is enough for a spouse visa answers the most common question. Couples who married in a religious ceremony only should read the FAQ on religious or cultural marriages and partner visas and the FAQ on an unregistered marriage.

Is an Eritrean marriage recognised in Australia?

Yes, if it was valid under Eritrean law when it was solemnised and none of the exceptions applies. Under section 12 of the Migration Act 1958, a marriage is recognised for partner visa purposes if it is recognised under Part VA of the Marriage Act 1961, read without section 88E. In plain terms, the marriage must have been valid in the country where it took place. The exceptions include a party who was already married, a marriage between people in a prohibited relationship, certain underage marriages and a marriage without real 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 it fails.

Proxy marriages when you sponsor partner from Eritrea

A proxy marriage is a marriage where one or both people are not physically present and someone else stands in for them. Proxy marriages come up when couples who want to sponsor partner from Eritrea cannot travel to the same place, for example because the sponsor cannot safely return to Eritrea.

Australian law requires both parties to give consent in person for a marriage solemnised in Australia. However, the Department's instruction on assessing married relationships says a proxy marriage solemnised overseas may be recognised if the delegate is satisfied of three things:

• the law of the country where the marriage was solemnised permits consent to be given by proxy;
• the marriage was solemnised in accordance with that law; and
• both parties gave real consent to the marriage.

If all three are met, the proxy marriage may be recognised as a valid marriage, and it can then support an application to sponsor partner from Eritrea as a spouse. The couple must still show the other elements of a married relationship: a mutual commitment to a shared life as spouses to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis.

When you sponsor partner from Eritrea on the basis of a proxy marriage, the evidence must address each of these points. The Department will want to know who stood in for whom, where the ceremony took place, which law it was performed under, how consent was given, and how the marriage was registered. The FAQ on proxy and online marriages explains the issue. Whether Eritrean law, or the law of the third country where a proxy ceremony took place, permits proxy marriage is a question that should be confirmed for the specific ceremony before the application relies on it.

A proxy marriage also says something about the relationship. If the couple have rarely or never been together in person, the Department will look closely at whether the relationship is genuine. Many couples in this position strengthen the application by meeting in person in a third country before lodging. If the proxy marriage cannot be relied on, the relationship may still be assessed as a de facto relationship, but only if the de facto requirements are met.

Marrying in Ethiopia, Uganda, Kenya or Sudan

A marriage that takes place in a third country is recognised for partner visa purposes if it was valid under the law of that country when it was solemnised. A couple who want to sponsor partner from Eritrea often marry in the country where the partner lives, because the sponsor can travel there and the partner can obtain local documents.

For many sponsors, marrying in a third country is the most practical way to sponsor partner from Eritrea as a spouse. This route has advantages. The ceremony can be attended by both parties, photographs and guest lists are available, and the local marriage certificate is issued by a government authority in that country. The questions to check are:

• whether a foreign national, or a person without permanent status, can marry under the local law;
• what documents the local registry needs, such as proof that each party is free to marry;
• whether a religious ceremony must also be registered with a civil authority to be valid; and
• whether the certificate is issued in English or needs translation.

Couples planning an overseas wedding should also consider the timing. A Subclass 309 can be lodged before the marriage on a de facto basis, or the couple can marry first and lodge as spouses. The Subclass 300 Prospective Marriage visa is another option where the couple intend to marry in Australia. The firm's page on the Subclass 300 visa and the FAQ on marrying overseas on a prospective marriage visa explain that route. The FAQ comparing a fiance visa and a partner visa helps couples choose.

Previous marriages and divorce records from Eritrea

If either partner was married before, the earlier marriage must have ended before the current relationship can be recognised. A divorce in Eritrea is approved by a court after a family arbitration process, and the municipality then issues the divorce certificate in Tigrinya, English or both, according to the United States Department of State's reciprocity schedule.

This matters for couples who want to sponsor partner from Eritrea because the Department compares dates. If the current marriage took place before the earlier divorce was finalised, the current marriage may not be valid, and the relationship may need to be assessed as a de facto relationship instead. That brings the de facto requirements, including the 12 month requirement, into play. The divorce certificate, the date it took effect and the date of the current marriage should be checked side by side before the application is lodged.

Requirements to sponsor partner from Eritrea after an earlier marriage are therefore partly about dates and partly about documents. The guide to a partner visa after divorce, the guide to a partner visa while still married and the FAQ on still divorcing and applying for a spouse visa explain these timing problems.

Identity evidence when Eritrean civil records are limited

Identity is one of the first things the Department checks when you sponsor partner from Eritrea. The partner's passport, national identity card and birth certificate must tell the same story, with the same name, date of birth and place of birth.

Eritrean identity documents have some well-known features that should be explained rather than ignored:

• Passports. The United States reciprocity schedule notes that Eritrean passports issued before 2010 do not show nationality, while later passports include printed and machine-readable data and security features. A partner with an older passport may need other evidence of nationality.
• Identity cards. The same source describes older handwritten identity cards in Tigrinya and Arabic, and newer plastic cards issued from late 2015, with a long backlog for new cards.
• Birth certificates. A first birth certificate may be issued years after the birth on the basis of hospital records, baptismal certificates and witness statements. A late-registered certificate is not suspicious in itself, but the date of issue should be explained.

The rules to sponsor partner from Eritrea do not require perfect documents. They require documents that are genuine and an explanation of any differences. Where documents show different dates of birth or different spellings of the same name, the application should explain why. Tigrinya names are written in the Ge'ez script and can be transliterated into English in several ways. A partner's name may also be recorded with a father's name and grandfather's name rather than a family surname, and different documents may use different combinations. The FAQ on different names and dates in documents and the FAQ on a partner visa with a different identity explain how to deal with these problems.

The Tribunal decision in 2305833 (Migration) [2026] ARTA 1686 concerned identity details, multiple birth certificates and a decentralised civil registration system. The Tribunal remitted that matter to the Department. The case shows why an application should address identity issues openly when records come from systems that do not work like Australia's. The guide to partner visa false documents explains the serious consequences of providing a document that is not genuine, even unknowingly.

Tigrinya and Arabic documents and English translations

Every document that is not in English must be accompanied by an accurate English translation. Eritrean civil documents are often issued in Tigrinya, English or both, and older identity documents may be in Tigrinya and Arabic. Documents issued in Ethiopia may be in Amharic, and documents from Sudan or Egypt are usually in Arabic.

When you sponsor partner from Eritrea, translations should be prepared consistently. If a document is translated in Australia, the Department expects the translator to be accredited by NAATI. If it is translated outside Australia, the translation should include the translator's details. Couples who sponsor partner from Eritrea often have documents translated at different times by different people, which creates inconsistent spellings. The same name should be spelt the same way across every translation, and the translator should be told which English spelling the passport uses.

The guide to partner visa evidence translation explains the rules, and the FAQ on whether to translate messages for a partner visa answers a common question about chat history in Tigrinya. The FAQ on certified copies explains when certification is needed.

Police certificates from Eritrea and from the countries where your partner has lived

The Department usually asks a partner visa applicant for a police certificate from each country where they have lived for 12 months or more in the last 10 years since turning 16. For many couples who sponsor partner from Eritrea, that means certificates from Eritrea and from one or more third countries.

Eritrean police certificates are difficult to obtain. The United States reciprocity schedule says very few Eritreans are able to obtain a police certificate. Canada's immigration department lists the Eritrea Police Headquarters in Asmara as the issuing authority for a clearance certificate and notes that, under the process it describes, certificates are only available to Eritrean citizens who have completed national service, and are not issued to citizens who cannot show proof of paying the tax that Eritrea imposes on its citizens wherever they live. Applications from outside Eritrea can be made through a representative with a power of attorney or through an Eritrean embassy.

Because Australian government pages on these countries are not always available, the details below should be confirmed with the Department's current country list before you sponsor partner from Eritrea. For the third countries, Canada's immigration department lists the following issuing authorities:

• Ethiopia: a certificate of good conduct from the Federal Police Commission Forensic Investigation Department in Addis Ababa. Non-citizens are asked for copies of visas or permits showing legal residence in Ethiopia.
• Uganda: a certificate of good conduct from the Directorate of Interpol and International Relations of the Uganda Police in Kampala.
• Kenya: a police clearance certificate from the Directorate of Criminal Investigations in Nairobi.
• Sudan: a certificate of good conduct from the Fingerprint Directorate of the Ministry of Interior in Khartoum, with applications from outside Sudan made through a Sudanese embassy.

What if a police certificate cannot be obtained?

The Department does not refuse a partner visa simply because a certificate is genuinely impossible to obtain. It expects the applicant to show what was done to try to obtain it. Where a certificate cannot be obtained, the application should include evidence of each attempt, any written response from the authority, and, where the Department asks for one, a statutory declaration explaining the circumstances. This is one of the few situations in a partner visa where a statutory declaration, rather than a Form 888, is the right document.

The FAQ on what to do if you cannot get a police certificate, the guide to partner visa overseas police certificates and the guide to partner visa expired police checks explain the process and the validity period. The FAQ on police certificate and health check validity explains why timing matters.

Does the sponsor need overseas police certificates?

Sometimes. The sponsor's police checks are requested under regulation 1.20KC, and sponsors who want to sponsor partner from Eritrea are assessed in the same way as any other sponsor. Department policy says a sponsor who holds or held a humanitarian or protection visa is not automatically exempt from providing police checks from former countries of residence. The guide to the partner visa sponsor police check explains when the sponsor is asked, and the guide to a partner visa sponsor police check not provided explains what happens when a check is not supplied.

Relationship evidence when you live in different countries

When you sponsor partner from Eritrea, the Department must be satisfied that the relationship is genuine and continuing. It looks at four aspects of the relationship under regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Couples who live in different countries cannot show a shared household in the usual way, so the other aspects carry more weight.

The strongest evidence for couples who sponsor partner from Eritrea while living apart usually includes:

• Travel and time together. Boarding passes, passport stamps, hotel bookings and photographs from each visit to Ethiopia, Uganda, Kenya or another country where the couple met. The guide to partner visa travel evidence explains what to keep.
• Money transfers. Regular remittance receipts from the sponsor to the partner, with the purpose explained. The FAQ on money transfers as relationship evidence explains how the Department treats them.
• Communication. Call logs and messages over time, rather than a handful of screenshots. The FAQ on messages, emails and call records explains how to present them.
• Family recognition. Evidence that both families know about the relationship and accept it, including participation in ceremonies and family events. The FAQ on whether families must know about the relationship explains why this matters.

The Tribunal decision in Koroma (Migration) [2026] ARTA 200 concerned a couple who were validly married in their home country but had limited financial, household and social evidence while living in different countries. The Tribunal remitted that matter to the Department. The decision in Nasser (Migration) [2025] ARTA 346 involved a validly married couple where the sponsor had transferred significant sums of money over five years. That matter was also remitted. These cases show that a couple who want to sponsor partner from Eritrea while living apart can still meet the test, but the evidence must be organised to show the whole relationship, not only the marriage certificate.

The guide to a partner visa long distance relationship, the guide to a partner visa without living together and the FAQ on a long distance relationship and partner visas explain these issues in more depth. The guide to partner visa financial aspects and the guide to partner visa social aspects explain individual aspects.

Can you sponsor partner from Eritrea as a de facto partner?

Yes, but only if the de facto requirements are met. A de facto relationship generally requires the couple to have lived together, or not lived separately and apart on a permanent basis, for at least 12 months before the application is lodged, unless the relationship is registered in an Australian State or Territory or there are compelling and compassionate circumstances.

For couples who want to sponsor partner from Eritrea, the 12 month requirement is often the problem. A couple who met while the partner was living in a third country may have spent only short periods together. Living together means a shared life in the same home, not separate visits. Where the couple cannot show 12 months, the options include marrying first, registering the relationship in Australia (which usually requires both people to be in Australia), or relying on compelling and compassionate circumstances.

The FAQ on when the 12 month de facto period starts and the FAQ on living together overseas for 12 months explain the test. The guide to de facto partner visas in Australia and the guide to partner visa compelling circumstances explain the alternatives.

Form 888 statements from the Eritrean community in Australia

Form 888 statements are supporting statements from Australian citizens or permanent residents who know the couple. Many sponsors who want to sponsor partner from Eritrea have strong community ties in Australia, through church, mosque, community associations and family. Those people are often well placed to give Form 888 statements.

A good Form 888 statement for a couple who sponsor partner from Eritrea describes what the witness has personally seen or heard. It should explain how the witness knows the sponsor, how they learned about the partner, whether they attended the wedding or engagement, whether they have spoken with the partner, and how the sponsor talks about the relationship. A statement that only repeats "I know they are a real couple" is weak. A statement from a friend who attended the wedding in Kampala or Addis Ababa, or who has spoken with the partner by video many times, is much stronger.

Statements from family and friends overseas can also help, even though they are not on Form 888. The FAQ on statements from overseas friends, the FAQ on who can sign Form 888 and the guide to Form 888 witness statements explain the rules. The guide to Form 888 for partner visas gives practical guidance.

Children when you sponsor partner from Eritrea

A partner's dependent children can be included in the Subclass 309 application. If a child is under 18 and the other parent is not migrating, the Department will usually need the other parent's consent, or a court order, before the child can be granted a visa.

For couples who sponsor partner from Eritrea, the other parent may be in Eritrea, in a third country, or out of contact. Where consent cannot be obtained, the application must explain why and provide evidence. The guide to a partner visa without the other parent's consent, the guide to partner visa child custody and consent and the FAQ on including children in a partner visa explain the rules.

Where a child's parentage cannot be shown by reliable documents, the Department may raise DNA testing. The Tribunal decision in KUFFOUR (MIGRATION) [2026] ARTA 1911 involved issues of false or misleading information and DNA testing, and the Tribunal found that the genuine and continuing relationship had not been considered. The Tribunal remitted that matter to the Department. Any DNA testing should be arranged through the process the Department specifies, because results obtained privately may not be accepted when you sponsor partner from Eritrea with children included.

The cost to sponsor partner from Eritrea

At the time of writing, the Department's visa application charge for the main applicant for a Subclass 309 and Subclass 100 partner visa is AUD 11,710, paid when the application is lodged. Additional charges apply for each dependent family member included in the application. The charge covers both stages.

The other costs that couples who sponsor partner from Eritrea should budget for include police certificates from each relevant country, health examinations, translations, travel to visit the partner, and document requests through relatives or embassies. Government charges change, usually on 1 July each year, so the current amount should be checked when the application is lodged. The guide to the partner visa cost and the FAQ on who pays the partner visa fee explain the charges.

Health examinations, biometrics and the Australian Embassy in Cairo

Australia does not have an embassy or consulate in Eritrea. According to Smartraveller, the Australian Embassy in Cairo, Egypt, provides consular services for Eritrea. Partner visa applications are not lodged at an embassy. The Subclass 309 is lodged online through ImmiAccount, and the Department then tells the applicant where to give biometrics and attend health examinations.

For a partner living in a third country, those appointments will usually be arranged in or near that country. Requirements to sponsor partner from Eritrea do not change because the partner is in a third country, but the logistics do. The guide to partner visa biometrics, the guide to the partner visa medical examination and the guide to partner visa online application explain the steps.

Sponsors who hold both Australian and Eritrean nationality should also read Smartraveller's advice before travelling to Eritrea to visit a partner. Smartraveller notes that Eritrea does not recognise dual nationality, that male dual nationals may be required to undertake military service, and that an exit permit is needed to leave. Many sponsors choose to meet their partner in a third country instead.

What if the Department raises concerns or refuses the application?

If the Department has concerns about an application to sponsor partner from Eritrea, it will usually send a request for more information or a natural justice letter before refusing. A request under section 56 asks for more evidence, while a letter under section 57 invites a response to adverse information. Both must be answered within the time stated.

If a Subclass 309 application is refused, review by the Administrative Review Tribunal is applied for by the visa applicant, the partner, in their own name. The partner can apply from outside Australia. 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 immediately. At the time of writing, the Tribunal's application fee for a partner visa review is AUD 3,727.

The guide to a partner visa section 57 natural justice letter, the FAQ on who applies for review of an offshore refusal, the guide to why partner visas get refused and the firm's page on partner visa refusals explain the options. The guide to the partner visa ART review process explains how review works.

How My Migration Lawyers helps you sponsor partner from Eritrea

My Migration Lawyers deals with complex partner visa cases, and acts for many Australian sponsors whose partners live overseas, including partners living across East Africa and the Horn of Africa. The firm is capable of handling the issues that make it harder to sponsor partner from Eritrea: a partner living in a third country, limited civil records, police certificates that are difficult or impossible to obtain, proxy or religious marriages, and a sponsor's earlier humanitarian visa history.

On these matters, the firm's work usually includes:

• Reviewing the sponsor's history first. Where the sponsor came to Australia on a humanitarian or protection visa, the firm reviews what was declared about family in earlier applications, and advises on how the relationship history should be presented consistently and truthfully.
• Mapping the police certificate strategy. The firm identifies every country where the partner has lived for 12 months or more, works out which certificates can realistically be obtained, and documents the attempts where a certificate cannot be issued.
• Testing the marriage. The firm reviews church, municipal, third-country and proxy marriage documents against the recognition rules, and advises whether the relationship should be presented as a marriage, a de facto relationship, or both in the alternative.
• Organising identity evidence. The firm reviews passports, identity cards and late-registered birth certificates, identifies inconsistencies in names and dates, and prepares the explanation before the Department asks.
• Building relationship evidence across distance. The firm helps the couple present travel, remittances, communication and family recognition evidence, and prepares the relationship statement in the sponsor's and partner's own words.
• Responding and reviewing. If the Department sends a request for information or a natural justice letter, the firm prepares the response. If a Subclass 309 is refused, the firm advises the partner on Tribunal review.

The firm is led by Weiwei Zhang, Principal Lawyer. The firm's page on offshore partner visa lawyers and the page on complex partner visa applications explain more about how it works, and sponsors in the major cities can read about the firm's partner visa lawyers in Melbourne and partner visa lawyers in Sydney.

If you want to sponsor partner from Eritrea and your case involves any of the issues in this guide, Book a Consultation with My Migration Lawyers. You can also call 1300 040 300.