Sponsoring a Partner From France

To sponsor partner from France, you must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and your French partner must meet the partner visa criteria in the Migration Act 1958 and the Migration Regulations 1994. When you sponsor partner from France, the Department of Home Affairs looks at your sponsorship, your relationship, and your partner's health and character.

This guide is written for the Australian sponsor. A sponsor partner from France application is rarely difficult because of the law, and most couples who sponsor partner from France meet the legal criteria. It is difficult because of paperwork. French civil status records come in several versions. A PACS is not a marriage. The French police certificate is requested from the Ministry of Justice, not from the police. Bank statements, leases and tax notices are in French. Each of these points can slow down or weaken the application if it is handled badly. This guide explains each one, and then covers the visa pathways, the sponsor's eligibility, evidence, costs, refusals and review. The firm's partner visa lawyers page explains how My Migration Lawyers acts for couples in these matters.

The same partner visa criteria apply to every nationality. What makes a sponsor partner from France application distinctive is the French document system and the way French couples often formalise their relationship. For an overview of the partner visa pathways, the complete guide to partner visas explains each subclass, and the guide on partner visa eligibility explains the basic requirements.

What does it take to sponsor partner from France?

To sponsor partner from France, you need an approved sponsorship, a relationship that is genuine and continuing, and a French partner who meets health and character requirements. The couple must be married, or in a de facto relationship that meets Australian law.

In practice, a sponsor partner from France application has five building blocks:

• The sponsor's eligibility. The sponsor's status, age and any sponsorship limitations.
• The relationship's legal form. A recognised marriage, or a de facto relationship that meets the Australian definition.
• French civil documents. Birth certificate, marriage record or PACS evidence, and divorce records where relevant, with English translations.
• Police certificates. The French bulletin n°3 and certificates from any other country where the applicant lived for 12 months or more.
• Relationship evidence. Evidence of the four aspects of the relationship, much of it originally in French.

The partner visa is a two-stage visa. A temporary visa is granted first, and the permanent stage is assessed about two years after the combined application was lodged. The guide on the two-stage partner visa process explains how the stages work, and the guide on how to apply for a partner visa explains the process step by step.

Does a French PACS count when you sponsor partner from France?

No, not as a marriage. A pacte civil de solidarité is not a marriage under Australian law. A couple in a PACS who want to sponsor partner from France apply as de facto partners, unless they have also married.

The French Government describes a PACS as a contract signed by both partners to organise their shared life. It is registered free of charge at the town hall (mairie) where the couple live in France, or through a notary for a fee. Couples living abroad register it at the French embassy or consulate. For partners born in France, the PACS is noted in the margin of each partner's birth certificate. For foreign partners born abroad, the PACS is recorded in a separate register kept by the French Ministry of Foreign Affairs' central civil registration service.

A PACS is still valuable evidence when you sponsor partner from France. It shows a formal, public commitment and usually a shared address. But it does not replace the Australian test. Under section 5CB of the Migration Act 1958, a de facto relationship requires a mutual commitment to a shared life as a couple to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. The regulations also generally require the de facto relationship to have existed for 12 months before the application, unless an exception applies.

One exception is registration of the relationship under a law of an Australian state or territory. A PACS is a French registration, not an Australian one, so it does not by itself remove the 12-month requirement. Couples who registered a PACS recently, or who have lived together for less than 12 months, should get advice about timing or about registering their relationship in Australia. The answer on the legal definition of a de facto relationship, the answer on an overseas registered relationship and the answer on registering a de facto relationship for a partner visa explain the rules. The guide on de facto partner visas in Australia explains the de facto pathway in full.

Couples who sponsor partner from France with a PACS should provide the PACS evidence and, where the French partner was born in France, a recent copy of the birth certificate showing the PACS notation. Both need English translations. The answer on what counts as living together explains how shared living is assessed.

Which French marriage document should you provide?

Provide the acte de mariage from the French civil registry, preferably the full copy (copie intégrale), with an accurate English translation. A marriage celebrated in France is recorded by the town hall where the marriage took place.

French Government guidance describes three forms of the marriage record:

• Copie intégrale. The full copy. It contains the most information, including the names, occupations and addresses of the spouses' parents.
• Extrait avec filiation. An extract with parentage. It shows the parents' names but not their occupation or address.
• Extrait sans filiation. An extract without parentage. It contains only information about the spouses.

For a sponsor partner from France application, the copie intégrale is usually the safest choice because it leaves nothing for the case officer to question. A marriage celebrated in France is requested from the town hall of the place of marriage. French guidance states that the request can be made online, that it is free, and that people should avoid websites that charge for it. Where a French national married outside France and the marriage was transcribed by a French consulate, French guidance explains that the record is requested online or from the central civil registration service in Nantes.

For anyone who wants to sponsor partner from France as a spouse, a French marriage is generally recognised in Australia if it was valid where it took place and would be recognised under Australian law. The guide on whether an overseas marriage is recognised in Australia explains the test, and the answer on overseas marriage recognition for a partner visa gives a short summary. A religious ceremony that was not registered as a civil marriage raises different issues, which the answer on an unregistered marriage explains. The guide on a partner visa where the overseas marriage is not recognised explains the options if recognition is in doubt.

Where a spouse took the other spouse's name, the French record and the passport may show different names. The answer on name changes after marriage explains how to deal with that. If either partner was previously married or in a PACS, evidence that the earlier marriage was dissolved, or the earlier PACS ended, should be provided. The guide on a partner visa after divorce explains which documents are used.

How should French documents be translated?

Every document that is not in English must be provided with an accurate English translation. In a sponsor partner from France application, that usually includes the birth certificate, marriage record or PACS documents, the police certificate, and much of the relationship evidence.

A good translation in a sponsor partner from France application is complete. It covers stamps, marginal notes and handwritten annotations, not just the main text. Marginal notes matter on French civil records, because they can record a marriage, a PACS or a divorce. The translation should spell names exactly as they appear in the passport, and any difference should be explained. The guide on partner visa evidence translation explains how translations are prepared, and the answer on translating a marriage certificate deals with the most common document.

The bigger risk is volume. A sponsor partner from France application can easily contain hundreds of pages of French bank statements, leases (bail), tax notices (avis d'imposition), utility bills and messages. Translating everything is expensive and makes the file harder to read. The better approach is to select the pages that prove each point, translate those pages, and explain in the relationship statements what the rest of the evidence shows. The answer on translating messages for a partner visa explains how to deal with conversations in French, and the guide on partner visa evidence organisation explains how to structure a large file.

Couples who speak French together, or who mix French and English, sometimes worry that this looks unusual. It does not. The answer on partners who speak different languages explains how language is treated, and the guide on partner visa cultural differences explains how cultural context can be explained.

How does a French partner get a police certificate?

To sponsor partner from France, the French partner obtains an extrait de casier judiciaire, bulletin n°3, from the French national criminal record service of the Ministry of Justice. French Government sources state that it can be requested free of charge, online or by post.

The request can only be made by the person concerned, or by a legal representative for a minor or a protected adult. This surprises many couples who sponsor partner from France. The Australian sponsor cannot request it on the French partner's behalf. French guidance also notes that special arrangements may apply to people born outside France. The online request is made through the official Ministry of Justice website. Any website that charges a fee for a bulletin n°3 should be avoided.

The bulletin n°3 is in French, so it needs an accurate English translation. It is also time sensitive. A certificate obtained too early may expire for Department purposes before the decision. The guide on partner visa expired police checks explains when certificates should be updated.

When you sponsor partner from France, Australian character requirements ask the applicant for a police certificate from each country where they lived for 12 months or more in the last 10 years since turning 16. A French partner who has lived in another country, such as the United Kingdom, Canada or another European country, may need certificates from those countries too. An applicant who has spent time in Australia will usually also need an Australian Federal Police check. The guide on partner visa overseas police certificates, the guide on the partner visa AFP police check and the guide on partner visa character requirements explain the rules.

Do you need a French police check to sponsor partner from France?

Possibly. If the Australian sponsor lived in France for 12 months or more, in total, in the relevant period since turning 16, the Department can ask the sponsor for a French police check under regulation 1.20KC.

Many Australians who sponsor partner from France met their partner while living in France for work or study. Regulation 1.20KC allows the Department to request an Australian National Police Check and a police check from each country where the sponsor lived for 12 months or more. The 12 months is cumulative. The request is sent to the sponsor directly, not to the visa applicant. Department policy treats 28 days as a reasonable time to provide the checks or evidence that they have been requested.

A sponsor who must provide a French check to sponsor partner from France requests their own bulletin n°3, because French guidance limits the request to the person concerned. A sponsor who was born outside France may be asked for additional details, so the request should be started early. Department policy also says delegates are not usually required to request police checks from female sponsors where there are no character concerns, but any sponsor who receives a request must respond. The guide on partner visa sponsor police checks, the guide on the female sponsor police check policy and the guide on a partner visa sponsor police check not provided explain the rules and the risks.

Anyone who plans to sponsor partner from France and has a conviction in France or Australia should get advice before the checks are sent. Not every conviction is a relevant offence, and not every relevant offence involves a significant criminal record. The guide on partner visa sponsor relevant offences explains which offences matter.

Who can sponsor partner from France?

An Australian citizen, Australian permanent resident or eligible New Zealand citizen who is at least 18 can sponsor partner from France, provided no sponsorship limitation prevents it.

The limitations that can stop you from being able to sponsor partner from France are in the Migration Regulations 1994. Regulation 1.20J limits a person to two partner sponsorships in a lifetime and generally prevents a new sponsorship within five years of a previous one, or within five years of the sponsor's own grant of a partner visa, unless there are compelling circumstances. Regulation 1.20KA deals with sponsors who were granted a Contributory Parent visa. Regulation 1.20KB deals with child-related offences where a child is included in the application. Regulations 1.20KC and 1.20KD, which apply to Subclass 300, Subclass 309 and Subclass 820 applications from 18 November 2016, deal with sponsor police checks and significant criminal records for relevant offences. The firm's sponsorship limitations page explains these rules, and the guide on partner visa sponsorship limitations sets out each one.

An Australian citizen sponsor should read the guide for an Australian citizen partner visa sponsor. A sponsor who has only recently become a permanent resident should read the guide on a new permanent resident as a partner visa sponsor. The sponsorship is lodged with Form 40SP, as the answer on Form 40SP for a partner visa explains. Sponsorship approval is decided at the time of decision, as the guide on partner visa sponsorship approval explains, so a sponsor must remain eligible and responsive until the visa is decided.

Your French partner is already in Australia: can you lodge onshore?

Yes, often. A French partner who is in Australia on a visa without condition 8503 can usually apply for the onshore Subclass 820 partner visa, followed by the permanent Subclass 801, if the application is lodged while that visa is still in effect.

Many couples who sponsor partner from France met while the French partner was in Australia on a Working Holiday visa (Subclass 417), a student visa or another temporary visa. The French Government notes that French applicants can apply for the Working Holiday visa up to age 35 inclusive. The partner's current visa should be checked for three things before you sponsor partner from France onshore:

• Condition 8503. If the visa carries a No Further Stay condition, an onshore application is generally not possible unless the condition is waived. The answer on a lawyer for condition 8503 on a partner visa explains when a waiver may be sought.
• The expiry date. An application lodged after the visa expires usually requires the applicant to meet Schedule 3. The firm's Schedule 3 waivers page and the guide on Schedule 3 for a partner visa when the visa has expired explain what that means.
• The relationship length. De facto couples generally need 12 months together before applying, unless an exception applies.

In an onshore sponsor partner from France application, an applicant who lodges a valid application while holding a substantive visa usually receives a Bridging visa A. The guide on a partner visa on a bridging visa explains how bridging visas work during processing, and the guide on the Subclass 820 visa covers the onshore pathway. Where time is short, the firm's urgent partner visa lodgement page explains how urgent applications are handled. The answer on help with a Subclass 820 and Subclass 801 partner visa explains the firm's role in onshore matters.

Your French partner is in France: Subclass 309 and visits while waiting

A French partner who is outside Australia usually applies for the offshore Subclass 309 partner visa, followed by the permanent Subclass 100. The applicant must be outside Australia when the Subclass 309 is granted.

While the sponsor partner from France application is processed, the French partner can usually visit Australia. French Government travel advice states that French nationals can apply online for an eVisitor (Subclass 651) for stays of up to three months, and that a Visitor visa (Subclass 600) is recommended for longer tourist stays. The visit must be genuine, and the visitor application must be answered honestly. The answer on visiting Australia while a Subclass 309 is processing and the answer on a spouse visitor visa to Australia explain the rules. The answer on mentioning a partner on a visitor visa application explains why honesty matters.

In an offshore sponsor partner from France matter, the French partner may need to leave Australia if the case officer is ready to grant the Subclass 309 during a visit. The answer on being outside Australia when a Subclass 309 is granted explains that requirement. The answer comparing the Subclass 309 and Subclass 100 explains how the two stages connect, and the answer on help with an offshore Subclass 309 and Subclass 100 explains the firm's role.

A couple who sponsor partner from France offshore and later want the French partner to stay in Australia should not assume they can switch to an onshore application. A visitor visa may carry condition 8503. The guide on a visitor visa during partner visa processing explains the risks.

Engaged and planning a wedding in France?

A couple who are engaged can consider the Subclass 300 Prospective Marriage visa. The French partner applies from outside Australia, and the couple must marry within the visa period before applying for the Subclass 820.

Couples who plan to sponsor partner from France often want to marry in France, near the French partner's family. Whether to marry first and apply for a Subclass 309, or apply for a Subclass 300 and marry later, depends on the couple's plans, timing and where they want to marry. The answer on the Subclass 300 or a partner visa compares the options, the answer on marrying overseas on a Prospective Marriage visa explains the rules about where the marriage takes place, and the answer on Prospective Marriage visa requirements explains the criteria.

A marriage celebrated in France must meet French legal requirements before you can sponsor partner from France as a spouse. Couples should allow time for the French process and then obtain the acte de mariage, with translation, before lodging any application that relies on the marriage.

How do you prove a genuine relationship when the evidence is in French?

You prove it in the same way as any other couple, across the four aspects in regulation 1.15A: financial aspects, the nature of the household, social aspects and the nature of the commitment. The difference in a sponsor partner from France application is that the evidence must be selected and translated carefully.

A practical approach in a sponsor partner from France application is to build the evidence around a timeline and then choose the strongest French documents for each period:

• Financial aspects. A joint French bank account, transfers between partners, shared bills and loans. Select the statement pages that show both names and shared transactions. The guide on joint bank account evidence explains what helps.
• Nature of the household. The bail (lease) in both names, the PACS registration showing a shared address, utility bills and household insurance. The guide on a partner visa without a joint lease explains alternatives where the lease is in one name.
• Social aspects. Photographs with family and friends in France and Australia, joint travel, and invitations to both partners. The guide on partner visa photo evidence and the guide on partner visa social media evidence explain how to present them.
• Nature of commitment. The PACS itself, wills, insurance nominations, the length of the relationship and plans for life in Australia. The guide on partner visa future plans explains this aspect.

When you sponsor partner from France, each partner writes their own relationship statement in English, or in French with a translation. The two statements must agree with each other and with the documents. The guide on the relationship statement for a partner visa explains what to include, and the answer on a lawyer reviewing relationship statements explains how review works. Supporting statements use Form 888, which must be completed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. French family members can give letters as additional evidence, with translations. The guide on Form 888 examples and the answer on how many Form 888 statements are needed explain the practical side.

The guide on preparing evidence of a genuine relationship and the guide on partner visa ImmiAccount uploads explain how a well-organised file is put together and uploaded.

What does it cost to sponsor partner from France?

The Partner visa application charge for the main applicant is AUD 11,710 at the time of writing. That charge covers both the temporary and permanent stages.

There is no separate government charge to sponsor partner from France when the sponsorship is lodged with the visa application. French guidance states that the bulletin n°3 and French civil status records are free when requested through official channels. The main additional costs in a sponsor partner from France application are usually translations, health examinations, and police certificates from other countries. The guide on the partner visa cost explains the components. The visa application charge is generally not refunded if the application is refused or withdrawn, so the application should be right before it is lodged. The answer on a lawyer checking a partner visa before lodging explains how a pre-lodgement review helps.

Why are sponsor partner from France applications refused?

The main reasons are a de facto relationship that does not meet the Australian definition, Schedule 3 problems after a visa has expired, incomplete or untranslated documents, inconsistent statements, and sponsorship problems.

In a sponsor partner from France matter, the specific risks are:

• Treating a PACS as a marriage. The couple must apply as de facto partners and meet the de facto definition, including the 12-month rule unless an exception applies.
• Providing an extract that leaves questions. An extrait sans filiation may not answer questions about identity or earlier relationships. A copie intégrale is usually safer.
• Missing translations of marginal notes. Notes on French civil records can show a marriage, PACS or divorce that the case officer needs to see.
• Lodging after a working holiday visa has expired. The applicant must then meet Schedule 3.
• A sponsor who does not respond to a police check request.
• Statements that do not match the documents. The guide on partner visa interview inconsistencies explains how inconsistencies can arise.

The guide on why partner visas get refused and the guide on a partner visa refused for insufficient evidence explain the wider pattern. The firm's partner visa refusals page explains how the firm acts after a refusal.

What if the Department sends a letter or refuses the application?

Respond to every Department letter fully and on time. If the application is refused, an Administrative Review Tribunal review must be lodged within 28 days after the decision is notified.

A section 56 request asks for more information. In a sponsor partner from France application, it often asks for a translation, an updated bulletin n°3, a fuller civil record or more relationship evidence. A section 57 letter invites comment on adverse information before a decision is made. The answer on a section 56 request for a partner visa and the answer on a section 57 natural justice letter explain both.

If a sponsor partner from France application is refused, the refusal can be reviewed by the Administrative Review Tribunal. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant can apply in their own name under section 338(9) of the Migration Act 1958 and regulations 4.02(4)(saa) and 4.02(5)(raa) of the Migration Regulations 1994, inserted in 2023. The Tribunal fee for a partner visa review is AUD 3,727 at the time of writing. The Tribunal decides on the evidence before it at the time of its decision, so missing translations or updated certificates can be provided. The guide on who can lodge a partner visa appeal, the guide on the partner visa ART hearing and the answer on understanding a partner visa refusal letter explain the process. The guide on what to do after a partner visa refusal explains the first steps.

What happens at the permanent stage after you sponsor partner from France?

The permanent Subclass 801 or Subclass 100 visa is assessed about two years after the combined application was lodged. The relationship must still be genuine and continuing.

After you sponsor partner from France, the couple usually provide updated relationship evidence at this stage and, if requested, updated police certificates. A French partner who has lived in another country for 12 months or more since lodgement may need a certificate from that country, and a new bulletin n°3 may be requested if the earlier one is out of date. The guide on partner visa second stage documents and the guide on the partner visa second stage lawyer explain what is involved. The answers on the Subclass 801 permanent stage and the Subclass 100 permanent stage explain the firm's role. If the relationship ends before the permanent stage, limited exceptions such as family violence may apply, as the family violence partner visa lawyers page explains.

How My Migration Lawyers helps you sponsor partner from France

My Migration Lawyers acts for Australian sponsors and their French partners on Subclass 820, Subclass 309 and Subclass 300 applications, sponsorship assessments and Administrative Review Tribunal reviews. The firm deals with complex cases, acts in many matters of this type, and is capable of handling a sponsor partner from France matter from the first document review to the final decision.

On a sponsor partner from France matter, the firm's work typically includes:

• Advising whether a couple in a PACS meet the Australian de facto definition, including the 12-month rule, or should consider marriage or Australian relationship registration.
• Identifying the right French civil records, such as the copie intégrale of the acte de mariage and birth certificates with marginal notes, and checking translations against the originals.
• Planning the bulletin n°3 for the applicant and, where the sponsor lived in France for 12 months or more, for the sponsor, together with any other foreign certificates.
• Assessing the sponsor's eligibility under regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD.
• Checking the French partner's current Australian visa for condition 8503 and its expiry date before an onshore lodgement.
• Selecting and organising French financial, household and social evidence so that only the pages that matter are translated, and reviewing each partner's own relationship statement, which the clients write, check and correct.
• Preparing responses to section 56 requests and section 57 letters.
• Applying for and presenting Tribunal review within the 28-day period.

The firm works with clients across Australia and in France by video. The guide on working with a partner visa lawyer online and the guide on what to expect at a partner visa lawyer consultation explain how that works. Sponsors can also read about the firm's partner visa lawyers in Sydney, partner visa lawyers in Melbourne and partner visa lawyers in Parramatta. The answer on what a good partner visa lawyer does explains the firm's approach. Partner visa matters are supervised by Weiwei Zhang, Principal Lawyer. The partner visa FAQ centre and the contact page provide further information.

If you want to sponsor partner from France and need the documents, the visa pathway and the evidence handled properly, Book a Consultation with My Migration Lawyers, or call 1300 040 300.