Sponsoring a Partner From Iceland

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 19, 2026
36 min read
Reading Time
36 min read
Table Of Contents

Key Takeaways

  • An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Iceland on a partner visa if the couple is married, de facto or engaged, the relationship is genuine and continuing, and the sponsor meets the sponsorship rules.
  • Registered cohabitation with Registers Iceland is useful evidence that a couple shared a legal domicile from a recorded date, but it is not a registration under Australian state or territory law, so it does not by itself remove the de facto 12 month requirement.
  • Couples who have not lived together for 12 months can sometimes register their relationship in an Australian state or territory, which removes the 12 month requirement, or can marry. Each option has its own timing and evidence consequences.
  • Icelandic citizens are eligible for the eVisitor, which gives many couples a real choice between an onshore Subclass 820 application and an offshore Subclass 309 application. Condition 8503 and the expiry date of the eVisitor must be checked before any onshore plan.
  • The Icelandic criminal record certificate is issued by the District Commissioners. Registers Iceland issues certificates of cohabitation, marital status, marital history and marriage that can help prove the relationship and the partner's history.

Couples who want to sponsor partner from Iceland often have something most partner visa applicants do not: an official government record of their relationship. Registers Iceland lets unmarried couples who share a legal domicile register their cohabitation in the national population registry. That record can be powerful evidence, but it is also widely misunderstood. It does not work in the same way as a relationship registered in an Australian state or territory. This guide explains how to sponsor partner from Iceland and how to use Icelandic records correctly.

The guide is written for the Australian sponsor. It covers the relationship categories, registered cohabitation in Iceland, the de facto 12 month requirement, Australian relationship registration, Icelandic names and identity numbers, the eVisitor, onshore and offshore options, the Icelandic criminal record certificate, Icelandic marriage records, relationship evidence across a long distance, costs and review rights. It is general information only.

The firm's partner visa lawyers page explains how My Migration Lawyers approaches partner matters. The partner visa requirements article sets out the general rules that apply to every application.

Who can sponsor partner from Iceland?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Iceland, provided the sponsor is eligible under the Migration Regulations 1994 and is not restricted by the sponsorship limitations.

In most cases the sponsor must be at least 18 years old. A sponsor who has already sponsored two partners, or who sponsored a partner within the last five years, may be restricted. A sponsor who was granted a partner visa as the applicant may also be restricted from sponsoring a new partner within five years of that grant. The firm's guide to partner visa sponsor requirements and the FAQ on who can sponsor a partner visa explain these rules. The page on partner visa sponsorship limitations explains the limits in more detail.

To sponsor partner from Iceland, the sponsor must also prove their own status. The FAQ on proving the sponsor is an Australian citizen and the FAQ on sponsor documents for a partner visa explain what is required. Some Australians who want to sponsor partner from Iceland have been living in Iceland themselves. The article on sponsors returning to Australia explains how the Department looks at a sponsor who is moving home with a partner.

Married, de facto or engaged: three ways to sponsor partner from Iceland

There are three relationship categories that allow an Australian to sponsor partner from Iceland. The category decides which visa is available and what the couple must prove.

Married couples. A couple who married in Iceland, in Australia or elsewhere can apply as spouses, provided the marriage is valid and recognised in Australia. The FAQ on spouse and de facto visas explains that both categories lead to the same visa.

De facto couples. An unmarried couple who live together, or who do not live separately and apart on a permanent basis, and who have a mutual commitment to a shared life to the exclusion of all others, can apply as de facto partners. The 12 month requirement usually applies. The FAQ on the legal definition of a de facto relationship explains the test, and the FAQ on mutual commitment to the exclusion of all others explains the commitment element.

Engaged couples. An Icelandic partner who is outside Australia and engaged to the Australian sponsor can apply for the Subclass 300 prospective marriage visa, marry in Australia, and then apply for the onshore partner visa.

Whichever category is used to sponsor partner from Iceland, all three categories require a genuine and continuing relationship. The firm's article on the genuine and continuing relationship test explains what that means in practice.

Registered cohabitation in Iceland

Registered cohabitation is a record in the Icelandic national population registry that two unmarried people live together at the same legal domicile. Registers Iceland states that people who live together, have the same legal domicile, are not married and have informed Registers Iceland about their marital status can register their cohabitation in the population registry.

For couples who sponsor partner from Iceland after living together in Iceland, this record can be one of the most useful documents in the application. It is an independent government record that the couple shared an address from a recorded date.

How registered cohabitation is created

According to Iceland's government service portal, one partner completes the registration and the other partner submits consent. The registration takes effect on the date the request is submitted. Registers Iceland states that the date of registration is always based on the reception of the dated request. In other words, registered cohabitation cannot be backdated to when the couple actually moved in together.

The rule for foreign nationals

An Australian sponsor living in Iceland may want to register cohabitation with an Icelandic partner. Registers Iceland states that foreign nationals whose marital status is not recorded cannot be registered until they prove their marital status with documents, such as a marital status certificate from their home country, and that foreign marital status certificates may not be older than six months. Australian sponsors who want to register in Iceland should plan for this step.

Certificates Registers Iceland issues

Registers Iceland issues several certificates that matter when you sponsor partner from Iceland:

  • Certificate of cohabitation. It confirms present cohabitation and lists the registered individuals, the registration date and the legal domicile.
  • Certificate of marital status. It confirms the person's current marital status.
  • Certificate of marital history. It lists registered changes to a person's marital status, with dates.
  • Marriage certificate. It shows the date and place of marriage and details of both spouses.

The certificate of marital history is often the most useful of these for the Icelandic partner. It can show, in one document, when a previous marriage or registered cohabitation ended. The firm's partner visa document checklist explains how documents like this fit into the application.

What registered cohabitation proves, and what it does not

Registered cohabitation proves that the population registry recorded the couple at the same legal domicile from the registration date. It is strong evidence of the nature of the household, one of the four aspects the Department of Home Affairs assesses. It does not prove everything.

It does not prove that the couple shared finances, that their friends and family recognise them as a couple, or that they are committed to a shared life in the future. Those matters still need their own evidence. It also does not prove when the relationship actually began, because the registration date is the date the request was made.

Couples who sponsor partner from Iceland should treat the cohabitation certificate as one strong piece of evidence among many. The firm's articles on the nature of the household, financial aspects, social aspects and the nature of the commitment explain what is needed for each aspect.

Does registered cohabitation in Iceland replace the 12 month rule?

No. Registered cohabitation in Iceland is not a registration of a relationship under a law of an Australian state or territory, so it does not by itself remove the de facto 12 month requirement for an Australian partner visa.

The 12 month requirement means that a de facto couple must usually have been in a de facto relationship for at least 12 months immediately before the application is lodged. The main exception is a relationship registered under the law of an Australian state or territory. Some other exceptions exist, for example where there are compelling and compassionate circumstances, but they are narrow.

Couples who want to sponsor partner from Iceland often assume that because their relationship is registered in Iceland, the Australian exception applies. It does not, on its own wording. The Icelandic registration is still valuable evidence that the couple lived together, and it can help prove the 12 months, but the 12 months must still be met unless an Australian registration or another exception applies.

The firm's article on the de facto 12 month rule, the FAQ on when the 12 month de facto period starts and the FAQ on applying before 12 months of de facto relationship explain the rule. The FAQ on overseas registered relationships explains how foreign registrations are treated. Where an application fails on this point, the FAQ on de facto visas refused under the 12 month rule explains what can be done.

Registering the relationship in an Australian state or territory

A couple who has not been in a de facto relationship for 12 months can register the relationship under a state or territory relationship register in Australia, if they meet that register's rules. Registration under one of those laws removes the 12 month requirement for the partner visa.

For couples who sponsor partner from Iceland while one partner is already in Australia, this can be the fastest route to lodgement. Not every state and territory has a registration scheme, and each scheme has its own rules about residence, waiting periods and documents. The FAQ on where to register a relationship in Australia gives an overview. The firm has separate FAQs for registering a relationship in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory.

Registration often requires the Icelandic partner to be in Australia, or requires one partner to live in that state. The FAQ on registering a relationship while the partner is overseas and the FAQ on registering a relationship on a tourist visa explain the practical limits. The FAQ on the waiting period after registering a relationship and the FAQ on lodging while a registration is still being processed explain the timing issues.

Registration removes the 12 month requirement only, even for couples who sponsor partner from Iceland with years of Icelandic records. It does not remove the need to prove a genuine and continuing relationship. A couple who registers after a short relationship, and has little evidence, can still be refused. To sponsor partner from Iceland on the strength of an Australian registration, the evidence of the relationship must still be strong.

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Icelandic names and the patronymic system

Icelandic surnames are usually formed from a parent's given name rather than shared across a family. Registers Iceland explains that a child receives a patronymic surname when paternity has been declared, and a matronymic surname in some other circumstances. The result is that an Icelandic partner's surname will often differ from the surnames of both parents.

This matters when you sponsor partner from Iceland because the Department checks family details against documents. The Form 80 and the application ask for the names of the partner's parents, and a case officer who sees different surnames may ask questions. A short explanation, supported by the birth certificate, avoids confusion. The firm's guide to Form 80 for a partner visa explains how to complete the family details.

The same point applies to children. If the couple has a child, or the Icelandic partner has a child from an earlier relationship, the child's surname may differ from both parents. Documents should show the parentage clearly. The firm's guides on adding children to a partner visa and other parent consent explain the additional requirements for children.

Names must also be consistent across every document used to sponsor partner from Iceland. Icelandic letters such as þ, ð and æ may appear differently in passports, bank records and Australian systems. The application should use the name exactly as the passport shows it, and the relationship statement can note other spellings. The FAQ on different names and dates across documents explains how to deal with inconsistencies.

The kennitala and Icelandic identity records

Icelandic government services are built around the kennitala, a personal identity number held by people registered in Iceland. Iceland's government service portal states that an Icelandic electronic ID and a kennitala are needed to apply online for a criminal record certificate.

An Australian sponsor who lived in Iceland may also have been given a kennitala. That number, and any Icelandic records linked to it, can help prove that the sponsor lived in Iceland with the partner. Records such as the cohabitation certificate, tax records and employment records in Iceland can all help to sponsor partner from Iceland when the couple's shared life began there.

Previous marriages and earlier registered cohabitation

Every previous marriage and every earlier de facto relationship must be disclosed when you sponsor partner from Iceland. The Department needs to know that any earlier marriage has ended, and it will look at earlier relationships to understand the history of the current one.

For the Icelandic partner, the certificate of marital history from Registers Iceland can show registered changes in marital status with dates. If the partner was previously married, the certificate can show when the marriage ended. If the partner previously had registered cohabitation with someone else, the record of when that registration ended can help show that the current relationship is exclusive.

The timing matters. A couple who registered cohabitation in Iceland soon after one partner's earlier registration ended may need to explain how the relationships fit together. An overlap between an old relationship and a new one does not automatically defeat an application to sponsor partner from Iceland, but it must be addressed honestly in the relationship statement. The firm's article on previous relationships and partner visas and the guide to partner visas after divorce explain the Department's approach.

The Australian sponsor's history matters too. A sponsor who was previously married must provide evidence that the marriage ended, such as an Australian divorce order. Couples who sponsor partner from Iceland should collect these documents early, because a missing divorce record can delay the whole application.

Can an Icelandic partner visit Australia on an eVisitor?

Yes. Iceland is listed as an eVisitor eligible passport in the Migration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023. An Icelandic citizen can therefore apply online for an eVisitor (Subclass 651) to visit Australia.

The eVisitor gives couples who sponsor partner from Iceland a practical advantage. The Icelandic partner can usually spend time in Australia with the sponsor, meet the sponsor's family and build social evidence. The partner can also be in Australia lawfully if the couple decides to lodge an onshore application.

The eVisitor is a visitor visa, even for couples who sponsor partner from Iceland. The partner must be a genuine visitor when applying for it. The firm's article on visitor visas during partner visa processing and the FAQ on partner visa applications made on a visitor visa explain the risks.

Before relying on an eVisitor for an onshore application, check two things. First, check whether condition 8503 is on the grant notice. If it is, the partner cannot be granted a Subclass 820 in Australia unless the condition is waived. The FAQ on condition 8503 and partner visas explains the condition. Second, check the date the partner's permitted stay ends. An application lodged after that date engages the Schedule 3 criteria. The article on applying before a visa expires and the FAQ on a visa that expires next week explain why the date matters.

Working holiday and other temporary visas

Many couples who sponsor partner from Iceland met while one partner was on a working holiday, studying or working temporarily in the other's country. Iceland is not listed as a Working Holiday (Subclass 417) country in the Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022. An Icelandic partner who holds only Icelandic citizenship therefore usually visits Australia on an eVisitor, or holds a student or other temporary visa.

Some Icelandic partners also hold the citizenship of another country that is listed for the Working Holiday visa, for example the citizenship of one of the European countries on that list. A partner who is in Australia on a Working Holiday visa can usually lodge a Subclass 820 application while that visa is in effect, provided there is no condition 8503 and the relationship requirements are met. The firm's article on partner visas for working holiday visa holders and the FAQ on working holiday visa holders and partner visas explain the issues.

The firm's article on the partner visa bridging visa explains what happens to a temporary visa holder after lodgement.

Onshore Subclass 820 or offshore Subclass 309 from Iceland

The choice between onshore and offshore is often a real choice for couples who sponsor partner from Iceland, because the Icelandic partner can usually be in Australia lawfully. The right choice depends on the couple's plans, not on a general rule.

The Subclass 820 partner visa is lodged while the partner is in Australia. It usually allows the partner to remain in Australia on a bridging visa while the application is processed. It suits couples who want to live together in Australia immediately and who can lodge while the partner holds a substantive visa without condition 8503.

The Subclass 309 partner visa is lodged while the partner is outside Australia, and the partner must be outside Australia at grant. It suits couples who are still living in Iceland, or where the Icelandic partner wants to keep working in Iceland while the application is processed. The Icelandic partner can visit Australia during processing. The FAQ on visiting Australia while a Subclass 309 is processed explains how.

Both visas used to sponsor partner from Iceland lead to permanent residence through a two-stage process. The firm's article on the partner visa two-stage process and the guide to temporary and permanent partner visas explain how the stages work. The comparison in onshore versus offshore partner visas sets out the differences side by side.

The Icelandic criminal record certificate

The Icelandic police certificate is the criminal record certificate (sakavottorð), issued by the District Commissioners (Sýslumenn). Iceland's government service portal states that the digital record is in Icelandic and English and carries an electronic seal, and that a clean criminal record can be obtained in Icelandic, English and Danish.

Iceland's government service portal explains that the online application requires an Icelandic electronic ID and a kennitala. A person without an electronic ID can collect the record in person at a District Commissioner office, and another person can collect it with a written power of attorney. For couples who sponsor partner from Iceland while the partner is in Australia, the power of attorney route or the online route with an electronic ID are the practical options.

Iceland's government service portal also states that the digital record is not for printing and loses its electronic seal if it is altered. The certificate should be uploaded to the application in the form issued, without editing or combining it with other files. If an apostille is needed for any other purpose, Iceland's government service portal states that a paper record from a District Commissioner office must be certified by the Ministry for Foreign Affairs.

The general rule is that an applicant aged 16 or over must provide a police certificate from each country where they have spent a total of 12 months or more in the last 10 years. An Icelandic partner who studied or worked in Denmark, Norway or another country may need certificates from those countries too. The firm's guide to overseas police certificates for partner visas, the FAQ on police certificate and health check validity and the article on the AFP police check explain the requirements. The Department's own Iceland police certificate instructions should be checked at the time of application.

Marriage in Iceland and Icelandic marriage records

A marriage that is valid where it took place is generally recognised in Australia under Part VA of the Marriage Act 1961, subject to the exceptions in that Part. Couples who marry in Iceland can rely on the Icelandic marriage certificate issued by Registers Iceland, with a translation where it is not in English.

Some couples who want to sponsor partner from Iceland have been in registered cohabitation for years and then decide to marry before applying. Marriage changes the category from de facto to spouse. It removes the 12 month de facto requirement, but it does not remove the need to show a genuine and continuing relationship. The FAQ on marrying after applying as de facto partners, the article on whether an overseas marriage is recognised in Australia and the FAQ on whether a marriage certificate is enough explain the effect of marriage.

Same-sex couples can sponsor partner from Iceland on the same basis as other couples. Same-sex marriages are recognised in Australia. The firm's page on LGBTI partner visas and the FAQ on same-sex marriage and spouse visas explain the position.

Translating Icelandic documents

Documents in Icelandic must be accompanied by an English translation in any application to sponsor partner from Iceland. A clean criminal record certificate can be obtained in English, which can reduce the translation work when you sponsor partner from Iceland. Where a document is only in Icelandic, it must be translated in full, including stamps and notes.

The firm's article on partner visa evidence translation explains the translation standard. Messages and letters in Icelandic can be translated selectively. The FAQ on translating messages for a partner visa explains how to choose what to translate.

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Relationship evidence when you sponsor partner from Iceland

Relationship evidence when you sponsor partner from Iceland must cover all four aspects the Department assesses: financial aspects, the nature of the household, social aspects and the nature of the commitment. Icelandic records help with the household. The other three aspects need their own evidence.

Financial aspects

Financial evidence includes joint accounts, money transfers, shared bills and shared purchases. Couples who lived in Iceland may have shared rent and bills in Icelandic krónur, and couples who lived apart may have regular transfers between Iceland and Australia. The FAQ on money transfers as relationship evidence and the article on partner visa financial evidence explain what works.

Nature of the household

The cohabitation certificate is the strongest household evidence many couples have. It should be supported by leases, utility bills and correspondence addressed to both partners. The firm's article on partner visa household evidence explains the range of evidence.

Social aspects

Social evidence shows that friends and family know the couple as a couple. Photos, invitations, travel and Form 888 statements are the usual evidence. The FAQ on whether families know about the relationship, the FAQ on photos for a partner visa and the FAQ on travel together as evidence explain how to present it.

Nature of the commitment

When you sponsor partner from Iceland, commitment is shown by the length of the relationship, the couple's plans, and how they have supported each other. The firm's article on future plans as partner visa evidence explains this aspect.

The firm's guide to partner visa relationship evidence brings these aspects together, and the FAQ on how far back relationship evidence should go answers a common question.

Distance, seasons and time apart

Iceland and Australia are about as far apart as two countries can be, and distance is the defining feature of many applications to sponsor partner from Iceland. Many couples who sponsor partner from Iceland spend months apart because of work, study or family. Time apart does not end a relationship, but each period of separation should be explained.

The relationship statement should explain why the couple was apart, how they stayed in contact and how they planned to reunite. Evidence of daily or regular communication, planned visits and financial support carries the weight. The firm's article on long-distance relationships and partner visas, the FAQ on explaining gaps in relationship evidence and the FAQ on time apart and the 12 month de facto period explain how to handle distance.

Couples who have never lived together cannot apply as de facto partners in most cases, but they may be able to marry or apply as an engaged couple. The article on partner visas without living together and the FAQ on evidence before living together explain the options.

The relationship statement and Form 888 statements

Each partner writes one relationship statement that tells the history of the relationship and addresses the four aspects. When you sponsor partner from Iceland, the statement should explain how the couple met, when they began living together, when and why they registered cohabitation in Iceland, and how they plan to live in Australia.

The statement should be consistent with the Registers Iceland certificates. If the couple moved in together months before registering cohabitation, the statement should say so and explain the difference between the move-in date and the registration date. The firm's article on the relationship statement and the article on the relationship timeline explain how to present dates.

Form 888 statements are supporting statements from Australian citizens or permanent residents who know the couple. The FAQ on who can sign Form 888 and the article on how to complete Form 888 explain the rules. Letters from Icelandic friends and family can also be provided, with translations. The FAQ on statements from overseas friends explains how.

What recent Tribunal decisions show

The Administrative Review Tribunal reviews refused partner visas and can send cases back to the Department. The decisions below were each remitted to the Department for reconsideration.

In Forbes (Migration) [2025] ARTA 1193, a Subclass 820 matter, the issues were the length of the relationship and the four aspects. That decision is relevant to couples who sponsor partner from Iceland where the relationship is relatively new and the evidence is concentrated in one aspect, such as the household.

In Pham (Migration) [2024] ARTA 107, a Subclass 309 matter, the issues were joint social activities and travel, money transfers and a long-term relationship. Couples who have spent years travelling between Iceland and Australia will recognise this combination.

In Adu (Migration) [2025] ARTA 2913, a Subclass 309 matter, the issues included that a former representative had advised that an onshore application was not possible, and the nature of the commitment. It is a reminder that the onshore or offshore advice at the start of a matter has consequences.

In Xue (Migration) [2024] ARTA 823, a Subclass 309 matter, the issues were joint financial arrangements, planning a family and companionship.

Each decision turned on its own facts and does not predict the outcome of another application to sponsor partner from Iceland.

What does it cost to sponsor partner from Iceland?

At the time of writing, the Department's visa application charge for the main applicant for a partner visa is AUD 11,710. That applies to the Subclass 309 and Subclass 100 together, and to the Subclass 820 and Subclass 801 together. Additional charges apply for any children included in the application.

Other costs to sponsor partner from Iceland include Icelandic certificates from Registers Iceland, the criminal record certificate, translations, any Australian relationship registration fee, health examinations and travel. The firm's guide to partner visa costs explains the government charges. Charges can change, so the Department's website should be checked before lodgement.

If the partner visa is refused

A refused partner visa can usually be reviewed by the Administrative Review Tribunal. For a refused Subclass 820 application, the review application must be lodged within 28 days after the applicant is notified of the decision. For a refused Subclass 309 application, the visa applicant applies for review in their own name, from anywhere, and the time limit is short and strictly applied. It runs from when the refusal is taken to have been received.

At the time of writing, the Tribunal application fee for a partner visa review is AUD 3,727. The firm's page on partner visa refusals, the FAQ on the review deadline after a partner visa refusal, the article on refusals for insufficient evidence and the article on the ART hearing explain the review process.

Mistakes to avoid when you sponsor partner from Iceland

Many delays for couples who sponsor partner from Iceland can be traced to a small number of avoidable mistakes.

  • Treating Icelandic registered cohabitation as an Australian registration. It is strong evidence, but it does not remove the 12 month requirement on its own.
  • Confusing the move-in date with the registration date. The registration takes effect when the request is made. The relationship statement should give the real move-in date and explain the difference.
  • Relying on one aspect. A cohabitation certificate covers the household. Financial, social and commitment evidence is still needed.
  • Lodging onshore after the eVisitor stay has ended. Schedule 3 then applies.
  • Editing the digital criminal record certificate. The electronic seal is lost if the file is altered.
  • Not explaining Icelandic surnames. Different surnames across the family should be explained, not left for the case officer to question.
  • Forgetting other countries. An Icelandic partner who lived in another country for 12 months or more in total in the last 10 years may need a police certificate from that country.

The firm's articles on common partner visa application mistakes and invalid partner visa applications explain how errors at lodgement can affect the whole application.

A step by step plan to sponsor partner from Iceland

The steps below show the usual order of work when you sponsor partner from Iceland. Every case is different, so the order may change.

  • Confirm the sponsor is eligible. Check citizenship or residence, age and any sponsorship limitations.
  • Choose the relationship category. Decide whether the couple will apply as spouses, de facto partners or an engaged couple.
  • Check the 12 month position. If the couple is de facto, confirm whether 12 months of de facto relationship have passed or whether an Australian registration is needed.
  • Choose onshore or offshore. Check the eVisitor, its conditions and its expiry before deciding.
  • Order Icelandic certificates. Obtain the cohabitation, marital status or marital history and marriage certificates from Registers Iceland as needed.
  • Plan the criminal record certificate. Decide when and how the Icelandic partner will obtain the certificate, and identify any other countries where certificates are needed.
  • Gather evidence across the four aspects. Collect financial, household, social and commitment evidence, with translations.
  • Write the relationship statements and obtain Form 888 statements. Make sure dates match the Icelandic records.
  • Lodge online and respond to requests. Upload evidence to ImmiAccount and respond to any request from the Department on time.

The firm's guide to the online partner visa application, the article on evidence after lodgement and the FAQ on partner visa medical examinations explain the later steps.

How My Migration Lawyers helps you sponsor partner from Iceland

My Migration Lawyers deals with complex partner visa cases and acts for Australian sponsors in many matters involving partners from overseas, including partners from Iceland and the Nordic countries. The firm is capable of handling the specific issues that arise when you sponsor partner from Iceland, particularly the interaction between Icelandic registered cohabitation and Australian law.

On matters for Icelandic partners, the firm's work typically includes:

  • Reading the Icelandic records. The firm reviews the Registers Iceland certificates and explains what they prove about the household and the relationship history, and what they do not prove.
  • The 12 month strategy. The firm advises whether the couple meets the de facto 12 month requirement, whether an Australian relationship registration is available, or whether marriage or the Subclass 300 is the better path.
  • Onshore or offshore advice. The firm checks the eVisitor or other visa, its conditions and its expiry, and advises on the Subclass 820 or the Subclass 309.
  • Documents and the criminal record certificate. The firm identifies which Icelandic and other police certificates are needed and when to obtain them.
  • Relationship evidence across distance. The firm helps the couple present evidence across all four aspects, including periods apart.
  • Requests and review. The firm responds to requests from the Department and advises on review by the Administrative Review Tribunal if a refusal occurs.

Matters are supervised by Weiwei Zhang, Principal Lawyer. The firm's FAQ on experienced partner visa lawyers and the FAQ on help with offshore Subclass 309 and Subclass 100 applications explain the firm's approach. The firm works with sponsors across Australia, including in Brisbane and Perth, and with sponsors who are still overseas, as explained in the FAQ on partner visa lawyers for couples living overseas.

If you want to sponsor partner from Iceland and need clear advice on how your Icelandic records fit the Australian rules, Book a Consultation with My Migration Lawyers. You can also call 1300 040 300.

Frequently Asked Questions

Does registered cohabitation in Iceland count for an Australian partner visa?

Yes, as evidence, but not as an Australian registration. A Registers Iceland certificate of cohabitation shows that the couple was recorded at the same legal domicile from the registration date, which is strong evidence of the household. It is not a registration under the law of an Australian state or territory, so it does not by itself remove the de facto 12 month requirement. The couple must still prove 12 months of de facto relationship, register in Australia, marry or rely on another exception.

Can I sponsor partner from Iceland if we have lived together for less than 12 months?

Possibly. A de facto couple must usually have been in a de facto relationship for 12 months before lodgement. If the couple has not reached 12 months, they may be able to register the relationship under an Australian state or territory relationship register, which removes the requirement, or they may marry. An engaged couple with the partner outside Australia may consider the Subclass 300. Each option has different timing and evidence consequences, so the choice should be made before lodgement.

Can the registration date in Iceland be backdated to when we moved in?

No. Registers Iceland states that the date of registration in the population registry is based on the receipt of the dated request, so registered cohabitation takes effect from when the request is made. If the couple moved in together earlier, the relationship statement should give the actual move-in date and provide other evidence of that earlier period, such as a lease, bills or correspondence addressed to both partners at the shared address.

Which Registers Iceland certificates should my partner obtain?

The most useful certificates are usually the certificate of cohabitation, the certificate of marital status, the certificate of marital history and, if the couple married in Iceland, the marriage certificate. The certificate of cohabitation lists the registered individuals, the registration date and the legal domicile. The certificate of marital history lists registered changes in marital status with dates, which helps prove that any previous relationship ended. Which certificates are needed depends on the couple's history.

Can my Icelandic partner visit Australia on an eVisitor?

Yes. Iceland is listed as an eVisitor eligible passport, so an Icelandic citizen can usually apply online for an eVisitor to visit Australia. The eVisitor is a visitor visa, and the partner must be a genuine visitor when applying. If the couple plans to lodge an onshore Subclass 820 application, they should check the grant notice for condition 8503 and the date the permitted stay ends before the partner travels.

Should we choose the Subclass 820 or the Subclass 309?

It depends on where the Icelandic partner will be at lodgement and where the couple wants to live during processing. The Subclass 820 is lodged in Australia and usually allows the partner to stay on a bridging visa. The Subclass 309 is lodged while the partner is outside Australia and must be granted while they are outside Australia. Couples still living in Iceland, or where the partner wants to keep working there, often prefer the Subclass 309.

Can an Icelandic partner on a Working Holiday visa apply for a partner visa?

Iceland is not listed as a Working Holiday (Subclass 417) country in the relevant legislative instrument, so a partner who holds only Icelandic citizenship usually comes on another visa. A partner who also holds citizenship of a listed country may hold a Working Holiday visa. A Working Holiday visa holder can usually lodge a Subclass 820 application while that visa is in effect, provided there is no condition 8503 and the relationship requirements are met.

What is the Icelandic police certificate called?

The Icelandic police certificate is the criminal record certificate, called sakavottorð in Icelandic. It is issued by the District Commissioners (Sýslumenn). Iceland's government service portal states that the digital record is in Icelandic and English and carries an electronic seal, and that a clean criminal record can be obtained in Icelandic, English or Danish. The digital file should be uploaded as issued, because altering it removes the electronic seal.

How can my Icelandic partner get a criminal record certificate from Australia?

An Icelandic partner with an Icelandic electronic ID and a kennitala can usually apply online through Iceland's government service portal and download the digital record. A partner without an electronic ID can authorise another person, by written power of attorney, to collect the record from a District Commissioner office. The partner should confirm the current process with the District Commissioners before the Department asks for the certificate, so that it can be provided within the time allowed.

Why does my Icelandic partner have a different surname from their parents?

Icelandic surnames are usually formed from a parent's given name rather than shared across a family. Registers Iceland explains that a child receives a patronymic surname when paternity has been declared, and a matronymic surname in some other circumstances. As a result, an Icelandic partner's surname will often differ from both parents' surnames. This is normal, but it should be explained in the application so that the case officer can match the family details to the documents.

Is a marriage in Iceland recognised in Australia?

Generally yes. A marriage that was valid where it took place is generally recognised in Australia under Part VA of the Marriage Act 1961, subject to the exceptions in that Part. The marriage certificate issued by Registers Iceland, with an English translation where needed, is the main evidence of the marriage. Marriage changes the application from de facto to spouse, which removes the 12 month de facto requirement, but the couple must still prove a genuine and continuing relationship.

Can we register our relationship in Australia instead of waiting 12 months?

Yes, in some cases. A relationship registered under the law of an Australian state or territory removes the de facto 12 month requirement. Not every state and territory has a registration scheme, and each scheme has rules about residence, waiting periods and documents. Registration often requires the Icelandic partner to be in Australia. Registration removes the 12 month requirement only, so the couple must still prove a genuine and continuing relationship with evidence across the four aspects.

What evidence do we need if we have lived apart between Iceland and Australia?

The couple needs evidence that the relationship continued during the time apart. That usually means regular communication records, evidence of visits, money transfers or financial support, and plans to reunite. The relationship statement should explain why the couple was apart and how they kept the relationship going. Time apart does not end a relationship, but unexplained gaps in the evidence can lead the Department to doubt that the commitment continued.

How much does it cost to sponsor partner from Iceland?

At the time of writing, the Department's visa application charge for the main applicant for a partner visa is AUD 11,710, whether the Subclass 309 or the Subclass 820 is used. That charge covers both stages. Other costs include Registers Iceland certificates, the criminal record certificate, translations, any Australian relationship registration fee, health examinations and travel. Government charges can change, so the current charge should be checked before lodgement.

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

A refused partner visa can usually be reviewed by the Administrative Review Tribunal. For a refused Subclass 820 application, the review must be lodged within 28 days after notification. For a refused Subclass 309 application, the Icelandic partner applies for review in their own name, and the time limit is short and strictly applied. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727. Advice should be obtained promptly after any refusal.

How can a lawyer help me sponsor partner from Iceland?

A lawyer can explain what your Registers Iceland records prove and what they do not, and advise whether you meet the de facto 12 month requirement or need an Australian registration, marriage or the Subclass 300. A lawyer can also check the eVisitor and its conditions, plan the criminal record certificate and other police certificates, and help present evidence across the four aspects. If a refusal occurs, a lawyer can advise on Tribunal review.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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