Sponsoring a Partner From Fiji

Australians who sponsor partner from Fiji usually follow one of two paths. Some marry in Fiji and sponsor their spouse to come to Australia. Others met their partner in Australia, where the partner was visiting, studying or working, and want to apply onshore. To sponsor partner from Fiji, the Australian partner must be an eligible sponsor, the couple must be married or in a de facto relationship, and the relationship must be genuine and continuing.

This guide is written for the Australian sponsor. It explains who can sponsor, how a marriage in Fiji is arranged and registered, which visa fits, what can be done when the Fijian partner is already in Australia, the Fiji police clearance for both partners, how to build relationship evidence when the partner lives in Fiji, and what happens if the application is refused. A sponsor partner from Fiji application is often straightforward on its facts. Problems usually come from the paperwork around the wedding, from the partner's current visa in Australia, or from evidence that does not reflect how the couple actually lives. The firm's partner visa lawyers prepare these applications for sponsors across Australia.

For an overview of every pathway, the complete guide to partner visas explains each subclass. The firm's guide to the Australian partner visa for Fijian citizens is written from the applicant's side, and the answer on whether a lawyer can help bring a spouse from Fiji to Australia gives a short summary.

Who can sponsor partner from Fiji?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is at least 18 can sponsor partner from Fiji, provided the sponsor is not barred by the sponsorship limitations and the Department approves the sponsorship at the time of decision.

There is no income test for a person who wants to sponsor partner from Fiji, and no requirement to own property. The limits that matter are in the Migration Regulations 1994:

• Regulation 1.20J. A sponsor can sponsor no more than two partners in a lifetime, and generally cannot sponsor a new partner within five years of a previous partner sponsorship or within five years of the sponsor's own grant as a partner, unless there are compelling circumstances.
• Regulation 1.20KB. Where children are included, a sponsor with certain child-related offences can be refused.
• Regulations 1.20KC and 1.20KD. Since 18 November 2016, the sponsor can be asked for police checks, and a sponsor convicted of a relevant offence who has a significant criminal record can be refused, subject to a discretion.

These rules are applied under Department policy VM-5930. The firm's page on partner visa sponsorship limitations explains them, and the guide to partner visa sponsor eligibility sets out who qualifies. An Australian citizen partner visa sponsor, a permanent resident partner visa sponsor and a New Zealand citizen partner visa sponsor each have their own guide.

Many people who sponsor partner from Fiji are themselves of Fijian heritage, and some hold New Zealand citizenship. An eligible New Zealand citizen can sponsor, but not every New Zealand citizen living in Australia is eligible. The guide on a partner visa sponsor who is a New Zealand citizen but not eligible and the answer on whether a New Zealand citizen can sponsor a partner visa explain the distinction. A sponsor who first came to Australia on a partner visa should check the five-year rule, explained in the answer on whether a sponsored partner can sponsor a new partner.

How do you get married in Fiji before you sponsor partner from Fiji?

A couple who want to marry in Fiji must give notice of intention to marry at a Births, Deaths and Marriages Registry under the Marriage Act (Cap 50). According to Fiji's Ministry of Justice, both parties must attend, and the notice is posted for 21 consecutive days before the marriage can take place, unless a special licence is granted.

The Fiji Ministry of Justice lists the main requirements for the notice. For a couple planning to sponsor partner from Fiji after a wedding there, the practical points are:

• Age. Both parties must be at least 18 to give notice of intention.
• Both parties attend. The notice is posted at a Births, Deaths and Marriages Registry, and both parties must attend to post it.
• Documents. Passport-size photographs, birth certificates, photo identification, and two witnesses with photo identification. Anyone previously married must provide divorce or death papers.
• Non-residents. A non-resident marrying in Fiji, including an Australian marrying a Fijian citizen, is asked for a passport with a valid visa and a single status certificate from both the country of origin and the country of residence.
• Special licence. A special licence can waive the 21-day notice period, but only in special circumstances.
• Booking. A court marriage or a local religious marriage should be booked 21 days in advance.

The 21-day notice period means an Australian who wants to sponsor partner from Fiji after marrying there needs to plan the trip carefully. A sponsor who flies to Fiji for a two-week holiday expecting to marry at the end of it may find the notice period has not run. The sponsor should also obtain the single status document before leaving Australia, because it can take time to obtain.

Religious marriages in Fiji are solemnised by registered marriage officers. Fiji's Ministry of Justice publishes a list of religious marriage officers. A couple planning a church wedding should confirm that the minister is a registered marriage officer and that the denomination is named in the notice. The guide on how a partner visa marriage certificate is used and the answer on whether a marriage certificate is enough for a spouse visa explain what the Department does with the certificate once the couple has it.

Is a marriage in Fiji valid in Australia?

Yes, usually. Australia generally recognises a marriage that was valid under Fijian law, subject to the exceptions in the Marriage Act 1961, including where a party was already married, the parties were too closely related, a party did not genuinely consent, or a party was not of marriageable age.

For a sponsor partner from Fiji application, the key question is whether the marriage was legally solemnised and registered in Fiji, not whether a ceremony took place. A wedding conducted by a registered marriage officer after proper notice will usually produce a registered marriage and a marriage certificate. A traditional or family ceremony that was not conducted through that process may have deep personal meaning but may not be a legal marriage in Fiji, and so may not be recognised in Australia.

If there is doubt, the couple should check the position before they sponsor partner from Fiji on the basis of that marriage. Where a marriage is not legally valid, the couple may still be able to apply as de facto partners if they meet the de facto requirements. The guide on overseas marriages recognised in Australia, the guide on a partner visa where the overseas marriage is not recognised, the answer on a valid marriage for a spouse visa and the answer on a religious or cultural marriage for a partner visa explain the options. A sponsor who is still finalising a divorce must not marry until it is final, as explained in the guide on a partner visa while still married.

Can you sponsor partner from Fiji without getting married?

Yes. A couple can sponsor partner from Fiji as de facto partners. A de facto couple must generally show a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and 12 months of de facto relationship before lodgement, unless the relationship is registered in an Australian state or territory or compelling circumstances apply.

Some couples choose not to marry, or want to marry later with family present. Others are waiting for a divorce to become final. In each case, the de facto pathway may be available. Time living together in Fiji, in Australia or in another country counts towards the de facto relationship, and the couple does not have to have lived together for the whole 12 months if they can show the relationship continued during periods apart.

A sponsor partner from Fiji application on a de facto basis needs careful evidence of when the relationship started and how it developed. The guide on the de facto partner visa in Australia, the answer on de facto visa requirements and the answer on registering a de facto relationship for a partner visa explain the rules. The answer on registering a relationship when a partner is overseas explains whether registration is possible when the Fijian partner is not in Australia. Same-sex couples can sponsor partner from Fiji on the same basis, and the firm's LGBTI partner visa page explains how those applications are prepared.

Which visa should you use to sponsor partner from Fiji?

The visa depends on where the Fijian partner is at lodgement and whether the couple is already married. A partner in Fiji usually applies for the Subclass 309 visa. A partner in Australia may be able to apply for the Subclass 820 visa. An engaged couple who want to marry in Australia can use the Subclass 300 visa.

The Subclass 309 partner visa is lodged and granted while the partner is outside Australia. The permanent Subclass 100 stage is assessed about two years after lodgement. The guide to the offshore partner visa explains it, and the answer on help with an offshore Subclass 309 and 100 application explains representation.

The Subclass 820 partner visa is lodged in Australia, and the partner usually remains in Australia on a bridging visa while it is processed. The permanent Subclass 801 stage follows. The guide on onshore and offshore partner visas explains the trade-offs.

The Subclass 300 Prospective Marriage visa suits a couple who are engaged and want to marry in Australia, for example so that the sponsor's family in Australia can attend. The marriage must take place within the visa period, and the couple then applies for the Subclass 820. A couple who marry in Australia must give a Notice of Intended Marriage under Australian law, explained in the answer on the Notice of Intended Marriage. The answer comparing a fiance visa and a partner visa helps couples choose between marrying in Fiji and marrying in Australia.

Can you sponsor partner from Fiji if your partner is already in Australia?

Often, yes. A Fijian partner who holds a substantive visa in Australia that does not carry condition 8503 can usually lodge a Subclass 820 application onshore. If the partner's visa has expired, or a No Further Stay condition applies, the position is more difficult and needs advice before anything is lodged.

Many couples who sponsor partner from Fiji met in Australia. The partner may have been visiting family, studying, or working in Australia on a temporary visa. Each situation has its own risk:

• Visitor visa. A partner on a Visitor visa (Subclass 600) may have condition 8503 on the visa. If so, an onshore partner application cannot be made unless the condition is waived. The guide on a partner visa while on a tourist visa, the answer on a lawyer for a partner visa on a visitor visa and the guide on a partner visa 8503 waiver explain the rules.
• Student visa. A partner on a student visa can usually apply onshore if no condition 8503 applies. The guide on a partner visa on a student visa explains the timing.
• Temporary work visa. A partner working in Australia on a temporary visa must check that visa's conditions before applying. The answer on condition 8503 and partner visas explains how to check.
• Expired visa. A partner whose visa has expired is unlawful, and the Schedule 3 criteria apply. Compelling reasons for not applying earlier may need to be shown. The firm's Schedule 3 waivers page, the guide on partner visa Schedule 3 for overstayers and the answer on an overstayer marrying an Australian partner explain the options.

A de facto couple who sponsor partner from Fiji onshore generally need 12 months of de facto relationship before lodgement, unless the relationship is registered or compelling circumstances apply. The answer on when the 12-month de facto period starts and the guide on Subclass 820 de facto 12 months explain the rule.

Timing matters. A partner whose visa is about to expire should lodge a valid Subclass 820 application before expiry. The firm's urgent partner visa lodgement service exists for that situation, and the guide on a partner visa application before visa expiry explains why the date matters. A partner who lodges while holding a substantive visa will usually receive a bridging visa, explained in the guide on the partner visa bridging visa.

What police clearance does a Fijian partner need?

A Fijian partner needs a police clearance from Fiji if they lived in Fiji for 12 months or more in the last 10 years since turning 16. Fiji police clearances are issued by the Fiji Police Force.

According to Fiji's Ministry of Foreign Affairs, police clearance requests are dealt with directly through the Criminal Investigations Department of the Fiji Police Force, and Fiji missions overseas direct applicants to the Criminal Record Office at Police Headquarters. A partner living in Fiji can usually apply locally. A partner living in Australia or elsewhere may need to apply from overseas through the process the Fiji Police Force sets, which can take longer. A sponsor partner from Fiji application should start the clearance early.

A partner who lived in another country for 12 months or more in the last 10 years, such as New Zealand or another Pacific country, will need a police certificate from that country too. A partner who has spent long periods in Australia will usually also need an Australian National Police Check. The guides on partner visa overseas police certificates and on the partner visa AFP police check explain both. The answer on what happens when an applicant cannot get a police certificate deals with delays, and the guide on partner visa expired police checks explains validity.

Does the Australian sponsor need a Fiji police clearance?

Possibly. The Department can ask the sponsor for an Australian National Police Check and a police check from each country where the sponsor has lived for 12 months or more, in total, in the relevant period since turning 16. A sponsor who lived in Fiji for that long can be asked for a Fiji police clearance.

This often applies to people who sponsor partner from Fiji and are of Fijian heritage, who grew up in Fiji, or who returned to Fiji to work or care for family. The 12 months is cumulative, so several shorter stays can add up. The request is made to the sponsor, not to the applicant. Department policy treats 28 days as a reasonable time to respond with the checks or, at a minimum, with evidence that they have been requested.

A sponsor who wants to sponsor partner from Fiji should count their time in Fiji before lodging and apply early if the 12-month threshold is met. The guide on the partner visa sponsor police check explains the rule, and the guide on a partner visa sponsor police check not provided explains the consequences of missing the request. A sponsor who wants a lawyer to receive the request must appoint the lawyer separately, as explained in the guide on Form 956 and Form 956A.

What relationship evidence works when your partner lives in Fiji?

The strongest evidence shows the relationship as it actually is, across the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment.

Couples who sponsor partner from Fiji while the partner lives in Fiji often have relationships closely connected to family and community. That is a strength, not a weakness, if it is documented properly. The guide to the four pillars of a partner visa explains the four aspects. Useful evidence often includes:

• Visits and time together. Travel records, boarding passes and photographs from each visit, including time spent with the partner's family.
• Household arrangements. Many couples stay with the partner's extended family during visits. That is acceptable. The relationship statement should explain how the couple lived and shared responsibilities. The guide on a partner visa while living with parents explains how this is presented.
• Financial support. Transfers from the sponsor to the partner, contributions to the partner's household, and shared plans for money. The answer on money transfers as relationship evidence explains how these are weighed.
• Community and church. Many couples are known in their church or community. Form 888 statements from people who know the couple, including in Fiji, show the social aspect. The guide on Form 888 for a partner visa and the answer on statements from overseas friends explain the requirements.
• Contact while apart. Call logs, messages and video calls over time. Messages in iTaukei, Fiji Hindi or another language should have a translated selection. The answer on translating messages for a partner visa explains how much to translate.

A sponsor partner from Fiji application should be built from evidence collected across the whole relationship. The guides on partner visa evidence for a long distance relationship, on partner visa social evidence and on how much evidence is needed for a partner visa explain what to collect. There is one relationship statement for the application, prepared from the couple's own account, as explained in the guide on the partner visa relationship statement.

Which Fijian documents are needed?

A sponsor partner from Fiji application usually needs the partner's passport, birth certificate, the marriage certificate if married, any divorce or death records from an earlier marriage, police clearances, and evidence of the relationship. Documents not in English need accurate English translations.

For a couple who sponsor partner from Fiji, the core civil records, including births and marriages, are held by the Births, Deaths and Marriages Registry under Fiji's Ministry of Justice, which also provides a reprint process for marriage records. A partner who cannot find an original birth or marriage certificate should request a fresh copy early. The answer on what to do if you cannot get a birth or marriage certificate explains the alternatives.

Fiji's Ministry of Foreign Affairs issues apostilles for Fiji government documents, including birth and marriage certificates. An apostille is a form of authentication used between countries. Couples should check whether one is actually needed before arranging it, because a clear copy of the official record is often what the Department asks for in a partner visa application. The answer on certified copies for a partner visa explains the Department's general approach.

Names and dates should be consistent across every document in a sponsor partner from Fiji application. Where a partner uses a different name, a different spelling or a married name in some records, the difference should be explained. The answer on different names and dates in documents and the answer on a name change after marriage explain how. The partner visa document checklist and the guide on partner visa sponsor documents list the usual documents for each partner.

Can a Fijian partner visit Australia while the Subclass 309 is processed?

Yes, a Fijian partner can apply for a Visitor visa (Subclass 600) while the Subclass 309 is being processed, but there is no right to one. The Department assesses the visitor visa on its own criteria, including whether the visit is genuinely temporary.

Couples who sponsor partner from Fiji often want to spend time together in Australia while they wait. The visitor visa application should disclose the pending partner application. The Department can impose condition 8503 on a visitor visa, which would prevent an onshore application during the visit. The partner must also be outside Australia when the Subclass 309 is granted.

The guide on a visitor visa during partner visa processing, the answer on visiting Australia while a Subclass 309 is processing and the answer on a spouse visitor visa explain the details. A refused visitor visa must be disclosed in later applications, and the guide on a partner visa after a visitor visa refusal explains its effect.

Is the Pacific Engagement Visa an alternative to a partner visa?

No, not in the sense of replacing it. The Pacific Engagement Visa is a separate permanent visa with its own ballot and criteria. It is not a partner visa, and the Australian sponsor has no role in it.

Some Fijian partners have also registered for the Pacific Engagement Visa ballot. That does not stop the couple from choosing to sponsor partner from Fiji on a partner visa. The two pathways are assessed under different rules. A couple should not delay a partner visa application in the hope of a ballot result, and should not give inconsistent information in the two applications. Where a partner is pursuing both, the couple should obtain advice on how the timing and disclosures fit together. The guide on which partner visa pathway fits explains how the partner visa options compare with each other.

What are the sponsor's obligations when you sponsor partner from Fiji?

When you sponsor partner from Fiji, you lodge the sponsorship, give truthful information, respond to Department requests and give an undertaking of support. Because the sponsorship is assessed at the time of decision, those obligations continue until the visa is decided.

The sponsorship is made on Form 40SP, usually online in ImmiAccount. The guides on Form 40SP for a partner visa, on the partner visa sponsor undertaking and on partner visa sponsor obligations explain each part. Department requests to the sponsor go to the sponsor's own contact details. The guide on a partner visa change of address explains how to keep them current.

A person with a criminal record who wants to sponsor partner from Fiji should get advice before lodging. The guide on a partner visa sponsor criminal record explains how regulation 1.20KC is applied. Where children are included in the application, the guides on adding children to a partner visa and on partner visa child custody and consent explain what is needed.

What mistakes do sponsors make when they sponsor partner from Fiji?

The most common mistakes are travelling to Fiji to marry without allowing for the 21-day notice period, lodging onshore when the partner's visa carries condition 8503, and overlooking the sponsor's own Fiji police clearance.

Other mistakes seen when Australians sponsor partner from Fiji include:

• No single status document. The Australian partner arrives in Fiji without the single status document that Fiji's Ministry of Justice asks non-residents to provide.
• An unregistered ceremony. A family or traditional ceremony is treated as the legal marriage, when it was never registered.
• A visa that expires first. The partner's visa in Australia expires before a valid Subclass 820 application is lodged, which brings in the Schedule 3 criteria.
• Missing countries. A police certificate is provided from Fiji but not from New Zealand or another country where the partner lived for 12 months or more.
• Untranslated evidence. Messages and documents in iTaukei or Fiji Hindi are provided without translations.
• Inconsistent accounts. The sponsor and partner give different dates for when they met, when they started living together, or when they married.
• Treating remittances as enough. Money sent to the partner is useful, but it does not prove the relationship on its own.

A review before lodgement helps avoid each of these problems. The guide on a partner visa application review and the guide on partner visa application mistakes explain what is checked. Every sponsor partner from Fiji application should be checked against the couple's real history before it is lodged.

How much does it cost to sponsor partner from Fiji?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710, which covers both stages of the visa. Police clearances, health examinations, translations, wedding costs in Fiji and travel are separate.

The charge to sponsor partner from Fiji is paid at lodgement, and either partner can pay it. The guide on partner visa cost and the answer on who pays the partner visa fee explain the details. Processing times vary from case to case, so a sponsor partner from Fiji application should be prepared on the basis that the Department will examine it closely. The answer on a decision ready partner visa explains how a complete application is prepared.

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

A refusal of a Subclass 309 or Subclass 820 visa can be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the decision is notified. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727.

Before refusing, the Department may ask for more information under section 56 of the Migration Act 1958, and it must put adverse information to the applicant under section 57. In a sponsor partner from Fiji matter, Department concerns can include doubts about the marriage registration, gaps in contact, a partner's previous visa history in Australia, or inconsistent answers at interview. The guides on responding to a section 56 request, on the section 57 natural justice letter and on partner visa interview questions explain how to respond.

For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant applies in their own name under section 338(9) of the Migration Act 1958 and regulations 4.02(4)(saa) and 4.02(5)(raa), inserted in 2023. A Fijian partner living in Fiji can therefore apply for review directly. The answer on who applies for review of an offshore refusal explains the rule.

An onshore partner who held a bridging visa should act quickly, because the review deadline also affects the bridging visa. The guide on a bridging visa after a partner visa refusal explains this. The firm's partner visa refusals page, the guide on the partner visa appeal deadline and the guide on partner visa ART evidence explain the review process. Couples within the time limit can use the urgent visa refusal review page.

How My Migration Lawyers helps you sponsor partner from Fiji

My Migration Lawyers acts for Australian sponsors and their Fijian partners, from the first assessment of the sponsor through to Administrative Review Tribunal review. The firm deals with complex cases, acts in many matters of this type, and is capable of handling a sponsor partner from Fiji application where the wedding paperwork, the partner's visa in Australia or the evidence needs careful work.

The firm's work to help clients sponsor partner from Fiji usually includes:

• Assessing the sponsor. Checking regulation 1.20J, New Zealand citizen eligibility where relevant, earlier partner sponsorships, and whether time in Fiji means the sponsor will be asked for a Fiji police clearance.
• Planning the marriage paperwork. Advising on the notice of intention, the single status document, and whether the ceremony will produce a registered marriage recognised in Australia, or whether a de facto or Subclass 300 application fits better.
• Assessing the partner's visa in Australia. Checking condition 8503, Schedule 3 and the timing of an onshore Subclass 820 application.
• Planning police clearances. Advising on the Fiji Police Force clearance for the partner and, where needed, the sponsor, and on certificates from any other country.
• Presenting relationship evidence. Helping the couple organise visits, financial support, family and church connections, and Form 888 statements, with translations where needed. The relationship statement is the couple's own account, which they review and correct.
• Preparing the application. Subclass 309, Subclass 820 or Subclass 300, with the sponsorship lodged correctly.
• Responding to the Department. Section 56 requests, section 57 letters and sponsor police check requests.
• Review. Preparing and presenting an Administrative Review Tribunal review after a refusal.

Consultations are by video, so sponsors anywhere in Australia, and partners in Fiji, can take part. Sponsors can read about the firm's work as partner visa lawyers in Sydney, partner visa lawyers in Brisbane, partner visa lawyers in Melbourne or partner visa lawyers in Adelaide. The guide on complex partner visa lawyer work and the answer on a partner visa lawyer for complex cases explain how complex matters are handled. Matters are supervised by Weiwei Zhang, Principal Lawyer, and more answers are collected in the partner visa FAQ centre.

If you want to sponsor partner from Fiji and need advice on the marriage, your partner's visa or the evidence, Book a Consultation with My Migration Lawyers, or call 1300 040 300.