Sponsoring a Partner From Germany

Australians who want to sponsor partner from Germany can do so through Australia's partner visa programme, as long as the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from Germany, the Australian partner lodges a sponsorship and the German partner lodges the visa application, either in Australia or from outside Australia.

This guide is written for the Australian sponsor. It explains who can sponsor partner from Germany, which visa fits the way German couples usually meet, what happens when the German partner is in Australia on a working holiday, which German documents are needed, how the German certificate of conduct works, how a German marriage is treated in Australia, and what the Department looks at when the couple has spent much of the relationship on opposite sides of the world. The firm's partner visa lawyers page explains how My Migration Lawyers acts in these matters.

The central point is timing. Many couples who sponsor partner from Germany met while the German partner was travelling or working in Australia. The best visa pathway, and sometimes the only valid pathway, depends on where the German partner is on the day of lodgement and which visa they hold. That decision should be made before a visa expires, not after. The complete guide to partner visas in Australia sets out every subclass in one place.

Can an Australian sponsor partner from Germany on a partner visa?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Germany if the couple is married or in a de facto relationship and the sponsor meets the sponsorship criteria.

German citizens are treated in the same way as applicants of any other nationality. There is no special partner visa for German citizens, and there is no quota for Germany. The sponsor partner from Germany process uses the same criteria as every other partner application:

• The relationship. The couple must be married under a marriage recognised in Australia, or in a de facto relationship, and the relationship must be genuine and continuing. The guide on the genuine and continuing relationship test explains the standard.
• The sponsor. The Australian partner must be an eligible sponsor and must not be barred by the sponsorship limitations.
• The applicant. The German partner must meet health, character and other public interest criteria.
• Validity. The application must be lodged in the right place, on the right form, with the right charge.

The firm's answer on who can sponsor a partner visa gives a short summary, and the guide on partner visa eligibility sets out every requirement.

Who is eligible to sponsor partner from Germany?

To sponsor partner from Germany, the sponsor must be at least 18, must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must not be caught by the sponsorship limitations in regulation 1.20J of the Migration Regulations 1994.

Citizenship or residence of the sponsor

The sponsor proves their status with an Australian passport, a citizenship certificate, evidence of permanent residence, or, for a New Zealand citizen, evidence of eligible status. The guide on partner visa sponsor proof of citizenship or residence lists the accepted documents. A sponsor who holds both Australian and German citizenship can still sponsor. The guide for a partner visa sponsor who is a dual citizen explains how dual nationality is treated, and the guide for New Zealand citizen partner visa sponsors covers eligible New Zealand citizens.

The sponsorship limitations in regulation 1.20J

A person generally cannot sponsor more than two partners in their lifetime, and cannot sponsor a new partner within five years of a previous partner sponsorship or within five years of being granted their own visa as a partner. The Department can waive the limits only where there are compelling circumstances. This matters to a sponsor who is planning to sponsor partner from Germany after an earlier relationship that involved a partner visa. The commercial page on partner visa sponsorship limitations explains how the limits are applied, and the guide on compelling circumstances for partner visa sponsorship explains the waiver.

Other sponsor limitations

Regulation 1.20KA restricts sponsorship where the sponsor was granted a Contributory Parent visa and their own assurance of support is still in force. Regulation 1.20KB applies where children are included and the sponsor has relevant child-related offences. Regulations 1.20KC and 1.20KD deal with the sponsor's police checks and significant criminal record, and apply to Subclass 300, 309 and 820 applications made on or after 18 November 2016. The Department's policy on these provisions is VM-5930. The guide on partner visa sponsor eligibility and the guide on partner visa sponsor requirements set these out in plain English.

Sponsorship is decided at the time of decision

Approval of the sponsorship is a time of decision criterion. A sponsor who becomes ineligible during processing can cause the visa to be refused. The sponsorship is lodged on Form 40SP, now usually completed online. The guides on the partner visa Form 40SP and on partner visa sponsorship approval explain the process.

Which partner visa fits when you sponsor partner from Germany?

The right visa depends on where the German partner will be when the application is lodged and whether the couple is married, in a de facto relationship, or engaged. There are three pathways.

Onshore: Subclass 820 then Subclass 801

If the German partner is in Australia and can validly lodge, the couple usually applies for the temporary Subclass 820 partner visa, which leads to the permanent Subclass 801 visa. The applicant usually receives a bridging visa while the application is processed. The guide on the onshore partner visa explains the pathway, and the answer on help with a Subclass 820 and 801 partner visa explains how the firm assists.

Offshore: Subclass 309 then Subclass 100

If the German partner is in Germany or anywhere else outside Australia, the couple applies for the Subclass 309 partner visa, which leads to the permanent Subclass 100 visa. The applicant must be outside Australia when the application is lodged and when the Subclass 309 visa is granted. The guide on the offshore partner visa and the answer on help with an offshore Subclass 309 and 100 partner visa explain this route.

Engaged couples: Subclass 300

Where the couple is engaged and intends to marry in Australia, the Subclass 300 Prospective Marriage visa allows the German partner to come to Australia, marry within the visa period, and then apply for the Subclass 820 visa. The comparison on a fiance visa or a partner visa explains when this route makes sense.

The two stages

Every pathway has a temporary stage and a permanent stage. The permanent stage is usually assessed about two years after the application was lodged. The guide on the two-stage partner visa process and the comparison of onshore and offshore partner visas help a sponsor partner from Germany choose correctly.

Can I sponsor partner from Germany while they are on a working holiday visa?

Yes, in many cases. A German partner who holds a Working Holiday (Subclass 417) visa can often lodge a Subclass 820 application in Australia, but the couple must check the visa conditions, the expiry date and whether the relationship meets the definition of spouse or de facto partner on the day of lodgement.

This is the most common starting point when Australians sponsor partner from Germany. The couple met in a hostel, on a farm, at a workplace or through friends, and the relationship became serious while the working holiday visa was running out. The questions that decide the strategy are:

• Is the relationship already a de facto relationship? A de facto relationship usually needs 12 months of a mutual commitment and a shared life before lodgement, unless the relationship is registered in an Australian state or territory or there are compelling and compassionate circumstances. The guide on the de facto partner visa explains the definition, and the answer on when the 12-month de facto period starts deals with timing.
• When does the current visa expire? Lodging while the German partner still holds a substantive visa avoids Schedule 3 criteria. The guide on lodging a partner visa before visa expiry explains why this matters.
• Is there a condition 8503? Working holiday visas do not ordinarily carry condition 8503, but some visitor visas do. Condition 8503 (No Further Stay) can prevent an onshore application unless it is waived.

The guide on moving from a working holiday visa to a partner visa and the answer on a lawyer for a partner visa on a working holiday visa explain the practical steps. Where a visa expires within days, the urgent partner visa lodgement page explains how the firm handles urgent matters.

What if the German partner has already become unlawful?

An applicant who is unlawful, or who holds a bridging visa other than a Bridging A, B or C visa, must satisfy the Schedule 3 criteria in addition to the ordinary criteria. Those criteria can usually only be waived for compelling reasons. The Schedule 3 waivers page and the guide on partner visa Schedule 3 criteria explain the test. A sponsor partner from Germany case involving an overstay needs advice before lodgement, because a Schedule 3 problem cannot be fixed by simply lodging a stronger relationship file.

What are the steps to sponsor partner from Germany?

The steps to sponsor partner from Germany are: choose the pathway, confirm the sponsor's eligibility, gather German and Australian documents, prepare the relationship evidence, lodge the visa application and the sponsorship, and then respond to the Department until a decision is made.

A practical order for a sponsor partner from Germany application is:

• Decide the pathway. Confirm whether the German partner will lodge in Australia or outside Australia, and whether the couple is married, de facto or engaged. This decision comes first because it controls everything else in the sponsor partner from Germany process.
• Check the sponsor. Confirm the sponsor's citizenship or residence, any earlier sponsorships, any earlier grant as a partner, and any criminal history in Australia or overseas.
• Order the German certificate of conduct. Postal applications from outside Germany take time, so the certificate should be ordered early, but not so early that it expires before the decision.
• Collect civil documents. Birth, marriage, divorce and name change documents, with translations.
• Build the relationship evidence. Organise evidence under the four aspects, prepare the relationship statement and collect Form 888 statements.
• Lodge. For most pathways the visa application is lodged first in ImmiAccount, and the sponsor is then invited to lodge the sponsorship. The guide on partner visa sponsorship lodgement explains the sequence, and the guide on a partner visa sponsorship that was not lodged explains what happens if the sponsor misses this step.
• Health and biometrics. The German partner attends a medical examination when asked. The guide on the partner visa medical examination explains the process.
• Keep the file current. Upload new evidence and report changes of address or circumstances while the sponsor partner from Germany application is waiting.

The guide on how to apply for a partner visa explains the online steps, and the guide on a decision ready partner visa explains why a complete application at lodgement helps.

What documents do you need to sponsor partner from Germany?

To sponsor partner from Germany, the couple needs identity documents for both partners, the German partner's civil documents, a German certificate of conduct, police certificates from any other country where the German partner lived for 12 months or more, the sponsor's identity and status documents, and evidence of the relationship.

A typical sponsor partner from Germany document list includes:

• Identity. The German partner's current passport, and the German identity card (Personalausweis) where it is relevant to the application.
• Birth certificate. A German birth certificate (Geburtsurkunde) or an extract from the birth register.
• Marriage evidence. For married couples, the marriage certificate or an extract from the marriage register.
• Previous relationships. Divorce decrees or death certificates that ended any earlier marriage. The guide on partner visa previous relationships explains why this matters.
• Name changes. Evidence of any change of name, for example after marriage. The answer on different names and dates on documents explains how discrepancies are dealt with.
• Character. A German certificate of conduct and other police certificates, explained below.
• Relationship evidence. Evidence across the four aspects of the relationship, plus Form 888 statements from people who know the couple.

The partner visa document checklist gives a full list, and the guide on documents a partner visa sponsor provides covers the sponsor's side.

Translations of German documents

Documents in German must be provided with an accurate English translation. Many German civil documents can be issued as multilingual extracts under the 1976 Vienna Convention, which reduces translation work for the core details, but any part of a document in German only still needs translating. The guide on partner visa evidence translation explains how translations are prepared, and the answer on translating messages for a partner visa covers chats written in German.

Copies and uploads

Documents are uploaded electronically through ImmiAccount. Clear colour scans of the originals are usually enough. The guide on partner visa ImmiAccount uploads and the answer on certified copies for a partner visa explain the requirements.

How does the German police certificate work for a partner visa?

The German police certificate is the certificate of conduct, known in German as the Führungszeugnis. It is issued by the Federal Office of Justice (Bundesamt für Justiz) and is based on the Federal Central Criminal Register.

The Department of Home Affairs asks applicants 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 almost every German partner, that includes Germany. For a sponsor partner from Germany application, the main practical points are:

• Where to apply. The Federal Office of Justice issues the certificate. A person outside Germany can apply online through the Federal Office of Justice portal if they have a German identity card enabled for online use, or by post with a signature officially certified by a German mission, a foreign public authority or a notary.
• Which type. The Federal Office of Justice issues several types, including a certificate for private purposes, a certificate for submission to a public authority, an enhanced certificate and a European certificate of conduct for nationals of other European Union countries. The type should be chosen with care, because a certificate sent directly to a German authority will not reach the Australian Department.
• Language. The certificate is a German document, so an English translation should be provided with it.
• Validity. Police certificates are generally treated as current for a limited period. A certificate obtained too early may expire before the decision. The answer on how long police certificates and health checks are valid and the guide on partner visa expired police checks explain when to update.

A German partner who also lived in another country for 12 months or more, for example while studying elsewhere in Europe, needs that country's police certificate as well. In a sponsor partner from Germany matter, the police certificates are often the last documents to arrive, so they should be planned from the start. The guide on partner visa overseas police certificates explains the general rule, and the answer on what to do if a police certificate cannot be obtained covers delays. A German partner living in Australia also provides an Australian Federal Police check, which the guide on the partner visa AFP police check explains.

Does the sponsor need a German police certificate?

Yes, if the sponsor has lived in Germany for 12 months or more. Under regulation 1.20KC, 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.

This point is often missed by Australians who sponsor partner from Germany after living there themselves. A sponsor who worked in Berlin for two years, studied in Munich, or lived with the German partner in Germany before the couple moved to Australia can be asked for a German certificate of conduct. The 12 months is cumulative, so several shorter stays can add up.

The request is sent to the sponsor, not to the applicant. Department policy treats 28 days as a reasonable time for the sponsor to respond, either with the checks or with evidence that they have been requested. A sponsor who ignores the request risks refusal of the sponsorship, and with it the visa. The guides on the partner visa sponsor police check and on a partner visa sponsor police check not provided explain the rules and the consequences. The guide on partner visa sponsor relevant offences explains what the checks are used for.

Is a German marriage recognised in Australia?

Yes, generally. A marriage validly entered into under German law is usually recognised in Australia if it would also be recognised as valid under Australian law, which means, among other things, that both parties were free to marry, consented, and were of marriageable age.

For a sponsor partner from Germany application based on marriage, the key document is the German marriage certificate or an extract from the German marriage register. A couple who married in Germany should obtain a multilingual extract where it is available, because it shows the core details in several languages including English. The guides on whether an overseas marriage is recognised in Australia and on the partner visa marriage certificate explain the rules. The answer on whether an overseas marriage is recognised for a partner visa gives a short summary.

Three issues come up in sponsor partner from Germany matters:

• A religious ceremony without a civil registration. In Germany, the legally effective marriage is the one registered through the civil registry office. A church ceremony on its own may not be evidence of a legal marriage. The couple should confirm what was registered.
• An earlier marriage not properly ended. If either partner was married before, the divorce must be final before the new marriage. The answer on still divorcing and a spouse visa explains the risk.
• A same-sex couple. Australia recognises same-sex marriages validly entered into overseas. The LGBTI partner visa page explains how same-sex couples apply.

Marriage alone does not prove a genuine relationship. The answer on whether a marriage certificate is enough for a spouse visa explains why evidence of the shared life is still needed.

Can I sponsor partner from Germany if we are not married?

Yes. A sponsor can sponsor partner from Germany as a de facto partner. The couple must have a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and must live together or not live separately on a permanent basis.

The 12-month requirement is the main obstacle for working holiday couples. It can be met in three ways:

• The couple has lived as de facto partners for at least 12 months immediately before lodgement.
• The relationship is registered under a prescribed law of an Australian state or territory. The guide on registering a de facto relationship for a partner visa explains which registers qualify, and the answer on registering a relationship while the partner is overseas deals with a partner who has returned to Germany.
• There are compelling and compassionate circumstances, such as a child of the relationship.

Time spent apart can break the 12 months if the couple was living separately on a permanent basis, but short separations for travel or work do not necessarily do so. The answer on time apart and the 12-month de facto rule and the answer on living together overseas for 12 months explain how periods in Germany and Australia are counted.

How do you prove the relationship when you sponsor partner from Germany?

The Department assesses the relationship under the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A sponsor partner from Germany application should give evidence under each aspect that matches how the couple actually lives.

The financial aspects

Couples who met during a working holiday often have modest shared finances at first. That is normal, but the evidence should still show money shared over time: joint accounts, transfers, shared bills, travel paid by one for both. The guides on partner visa financial evidence and on a partner visa without a joint bank account explain what helps, and the answer on money transfers as relationship evidence covers transfers between Australia and Germany.

The nature of the household

Share-houses, campervans and short-term rentals are common for working holiday couples. Informal living arrangements can still be good evidence if they are documented. The guide on partner visa informal living arrangements and the guide on partner visa household evidence explain how to document them.

The social aspects

Meeting each other's families matters. Trips to Germany to meet the German partner's family, and the German partner's introduction to the sponsor's family and friends in Australia, are strong social evidence. Form 888 statements can come from Australian citizens and permanent residents, and the guide on Form 888 for a partner visa explains who can sign. Friends and family in Germany can give their own statements as supporting evidence, which the answer on statements from overseas friends explains.

The nature of the commitment

The couple's own account of the relationship is central. There is one relationship statement, which is the couple's own account in their own words, reviewed and corrected by them. The guide on the partner visa relationship statement explains what it should cover, and the guide on partner visa commitment evidence explains future plans.

A sponsor partner from Germany application is strongest when the evidence under each aspect tells the same story as the relationship statement and the forms.

Periods apart between Australia and Germany

Many couples who sponsor partner from Germany spend months apart when a visa ends or a job requires it. Periods apart do not end a relationship if contact and commitment continue. Video calls, messages, visits and shared planning are the evidence. The guides on a partner visa long distance relationship and on partner visa temporary separation explain how the Department treats time apart.

Can my German partner visit Australia while the visa is processed?

Yes, usually. A German partner waiting for a Subclass 309 decision may visit Australia on a visitor visa, but must be outside Australia when the Subclass 309 visa is granted.

German passport holders are generally able to apply for an eVisitor (Subclass 651) visa for short visits. A visitor visa is granted for tourism or visiting family, not for waiting out a sponsor partner from Germany application in Australia, so the German partner should be truthful about the relationship and the pending partner application. The answer on whether to mention a partner on a visitor visa application and the answer on visiting Australia while a Subclass 309 is processed explain the practical points. The guide on visiting Australia during partner visa processing covers the risks.

A German partner who is in Australia on a visitor visa and wants to lodge onshore must first check whether the visitor visa carries condition 8503. Condition 8503 is one of the most common obstacles in an onshore sponsor partner from Germany case. The guide on Subclass 820 and condition 8503 and the answer on a lawyer for condition 8503 explain the waiver process. The guide on going from a tourist visa to a partner visa explains the wider issues.

How much does it cost to sponsor partner from Germany?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710. That charge covers both the temporary and permanent stages when the application is lodged through the combined application.

Other costs arise for medical examinations, police certificates, translations and any additional applicants such as children. A sponsor partner from Germany budget should also allow for the time needed to obtain German documents by post. The guide on partner visa cost explains the components, and the answer on who pays the partner visa fee explains that either partner may pay. A failed payment can make an application invalid, which the answer on a failed payment and an invalid application explains.

What mistakes cause problems when you sponsor partner from Germany?

The most common mistakes are lodging too late, lodging in the wrong place, and lodging as de facto partners before the relationship meets the 12-month requirement.

Other mistakes seen in sponsor partner from Germany matters include:

• Letting the working holiday visa expire. Lodging after the substantive visa ends brings in Schedule 3.
• Choosing the wrong certificate type. A German certificate of conduct sent to a German authority will not help the Australian application.
• No translations. German documents uploaded without English translations can delay the case or lead to a request for more information.
• The sponsor forgets their own German residence. A sponsor who lived in Germany for 12 months or more can be asked for a German check.
• Inconsistent dates. The relationship statement, Form 888 statements and forms give different dates for when the couple met or moved in. The guide on partner visa conflicting statements explains the risk.
• Being in Australia at the wrong time. A Subclass 309 applicant who is in Australia when the visa is ready to be granted will have to leave first.

Each of these mistakes can be avoided when the sponsor partner from Germany strategy is settled before lodgement. The guide on partner visa application mistakes lists other errors. A pre-lodgement partner visa application review can identify these problems early.

What if the Department asks for more information or proposes refusal?

The Department can request more information under section 56 of the Migration Act 1958, and must give the applicant a section 57 letter before refusing on adverse information. A sponsor partner from Germany application should answer both carefully and on time.

In a sponsor partner from Germany case, these letters often concern missing German documents, translations or the timing of the de facto relationship. The guides on responding to a section 56 request and on the partner visa section 57 natural justice letter explain each step. The answer on how to respond to a section 57 letter gives a short summary.

What happens if the partner visa is refused?

A refusal of a Subclass 820 or Subclass 309 application can be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the decision is notified.

For a Subclass 820 refusal, the applicant applies for review. For a Subclass 309 refusal, the visa applicant now applies in their own name under section 338(9) of the Migration Act 1958, together with regulations 4.02(4)(saa) and 4.02(5)(raa), which were inserted in 2023. The Tribunal application fee for a partner visa review is AUD 3,727. A refused sponsor partner from Germany application should be assessed quickly, because the 28-day period cannot be extended. The partner visa refusals page explains review work, and the guides on the partner visa appeal deadline and on who can lodge a partner visa appeal explain the timing. The answer on who applies for review of an offshore refusal deals with Subclass 309 matters.

How My Migration Lawyers helps you sponsor partner from Germany

My Migration Lawyers acts for Australian sponsors and their German partners in onshore and offshore partner visa matters. The firm deals with complex partner visa cases, acts in many matters of this type, and is capable of handling a sponsor partner from Germany matter from the first strategy decision to Tribunal review.

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

• Advising whether the German partner can lodge a Subclass 820 application in Australia before a working holiday or visitor visa ends, and checking condition 8503 and Schedule 3 risks.
• Assessing the sponsor against regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD, including whether the sponsor needs a German certificate of conduct because of their own time in Germany.
• Advising which German certificate of conduct to request and how to obtain it from outside Germany, and identifying any other country certificates needed.
• Checking German marriage, birth and divorce documents and arranging English translations.
• Organising relationship evidence across Australia and Germany under the four aspects, including periods spent apart.
• Reviewing the couple's relationship statement, which remains their own account, and the Form 888 statements of supporters.
• Preparing and lodging the sponsorship and the visa application.
• Responding to section 56 requests and section 57 letters.
• Acting in Administrative Review Tribunal review if the application is refused.

Consultations are by video, so sponsors anywhere in Australia, and couples in Germany, can speak to the firm without travelling. Sponsors in major cities can read about the firm's work as partner visa lawyers in Sydney, partner visa lawyers in Melbourne and partner visa lawyers in Brisbane. Partner visa work at the firm is supervised by Weiwei Zhang, Principal Lawyer. The partner visa FAQ centre answers many shorter questions, and the contact page lists other ways to reach the firm.

If you are ready to sponsor partner from Germany, or a working holiday or visitor visa is about to end, Book a Consultation with My Migration Lawyers, or call 1300 040 300.