Sponsoring a Partner From Ireland

To sponsor partner from Ireland, you must be an eligible Australian sponsor and your Irish partner must meet the partner visa criteria under the Migration Act 1958 and the Migration Regulations 1994. When you sponsor partner from Ireland, the Department of Home Affairs assesses two things at once: whether your sponsorship can be approved, and whether your relationship with your Irish partner is genuine and continuing.

This guide is written for the Australian sponsor. It follows a sponsor partner from Ireland matter in the order it actually happens: the decision about where to lodge, the sponsor's own eligibility, Irish marriage and civil partnership documents, the Garda police certificate, the special position of partners from Northern Ireland, relationship evidence across two continents, visits while waiting, costs, Department requests, refusal and review, and the permanent stage. The firm's partner visa lawyers page explains how My Migration Lawyers acts in these matters.

Couples who sponsor partner from Ireland usually fall into one of three groups. Some met in Australia while the Irish partner was working here. Some met in Ireland, the United Kingdom or elsewhere in Europe while the Australian partner was living abroad. Some are Australians with Irish family who met their partner through family or community connections. Each group raises different practical questions. This guide deals with each of them. For an overview of every pathway, the complete guide to partner visas sets out the subclasses.

Can you sponsor partner from Ireland on an Australian partner visa?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Ireland on an Australian partner visa if the sponsorship is approved and the couple are married or in a de facto relationship that meets Australian law.

There is no special treaty or shortcut for Irish citizens. A sponsor partner from Ireland application is assessed against the same criteria as an application from any other country. The difference lies in the documents, the visas Irish partners commonly hold, and the practical evidence. The answer on who can sponsor a partner visa explains the basic eligibility rule, and the guide on partner visa requirements explains the criteria the applicant must meet.

The partner visa is granted in two stages. The temporary stage is granted first. The permanent stage is assessed about two years after the combined application was lodged. One application and one visa application charge cover both stages. The guide on the two-stage partner visa process explains how that works.

Where will your Irish partner be when you lodge?

The first decision when you sponsor partner from Ireland is location. An Irish partner who is in Australia and holds a suitable visa usually applies for the onshore Subclass 820 and Subclass 801. An Irish partner who is in Ireland or elsewhere overseas usually applies for the offshore Subclass 309 and Subclass 100.

The visa subclass is not a matter of preference alone. The Subclass 820 partner visa must be applied for in Australia. The Subclass 309 partner visa must be applied for outside Australia, and the applicant must be outside Australia when it is granted. An application lodged in the wrong place can be invalid. The answer on an onshore application lodged overseas explains that risk, and the guide on an invalid partner visa application explains the consequences.

A couple who are engaged and intend to marry can consider the Subclass 300 Prospective Marriage visa. The Irish partner applies from outside Australia, travels to Australia, marries within the visa period and then applies for the Subclass 820. The answer on the Subclass 300 Prospective Marriage visa explains that pathway.

The guide comparing an onshore and offshore partner visa sets out the practical differences. Onshore applicants can usually remain in Australia on a bridging visa. Offshore applicants can live overseas, or visit Australia, while waiting. The guide on an offshore partner visa and the guide on an onshore partner visa explain each option in more detail.

Sponsor partner from Ireland while they are in Australia on another visa

Many Irish partners are in Australia on a Working Holiday visa (Subclass 417), an employer sponsored visa, a student visa or a graduate visa. To sponsor partner from Ireland onshore, the current visa must not carry condition 8503, and the application should be lodged while that visa is still in effect.

Three checks matter before you sponsor partner from Ireland onshore.

• Check the visa grant notice for condition 8503. The No Further Stay condition prevents most onshore applications unless it is waived. The answer on condition 8503 and partner visas explains the effect, and the guide on the partner visa No Further Stay condition explains the waiver process.
• Check the expiry date. An applicant who lodges while holding a substantive visa avoids Schedule 3. An applicant who lodges after their visa has expired, or while holding a bridging visa other than a Bridging A, B or C, must meet Schedule 3 criteria. The guide on partner visa Schedule 3 criteria explains why those criteria are difficult.
• Check the relationship length. De facto couples generally need 12 months as de facto partners before they apply, unless an exception applies.

An Irish partner on a working holiday visa should not let the visa run out while collecting evidence. The guide on a partner visa while on a working holiday visa explains the timing, and the answer on a lawyer for a partner visa on a working holiday visa explains when advice helps. An Irish partner who finished study in Australia and holds a graduate visa should read the guide on a partner visa from a graduate visa and the answer on moving from a Subclass 485 to a partner visa.

An Irish partner on an employer sponsored visa may be tied to a particular employer. A partner visa application does not end that obligation while the employer sponsored visa remains in effect. The bridging visa granted with the partner visa application usually comes into effect only when the current visa ends. The guide on partner visa bridging visas and the guide on partner visa work rights explain how that transition works.

Where the visa expires within days, the firm's urgent partner visa lodgement page explains how a valid application can be prepared quickly.

Are you eligible to sponsor partner from Ireland?

You are an eligible sponsor if you are at least 18, are an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and are not prevented from sponsoring by the limitations in the Migration Regulations 1994.

Regulation 1.20J limits a sponsor to two partner sponsorships in a lifetime and generally prevents a sponsorship within five years of a previous partner sponsorship, or within five years of the sponsor's own grant of a partner visa. The Department can approve a sponsorship despite those limits where 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 deal with sponsor police checks and significant criminal records for relevant offences, and apply to Subclass 300, Subclass 309 and Subclass 820 applications made from 18 November 2016. The firm's sponsorship limitations page explains each limit, and the guide on partner visa sponsor requirements explains how they fit together.

Some Australians who sponsor partner from Ireland hold Irish citizenship themselves. Dual citizenship does not affect the right to sponsor. An Australian citizen who also holds an Irish passport is still an Australian citizen for sponsorship purposes. The guide on a partner visa sponsor who is a dual citizen explains the position. An Australian citizen by descent who has lived most of their life in Ireland can also sponsor, as the guide on a citizen by descent partner visa sponsor explains, but will need to show an intention to live in Australia.

The sponsor proves their status with an Australian passport, citizenship certificate, permanent visa or New Zealand passport evidence. The answer on proving the sponsor is an Australian citizen explains what is accepted, and the guide on partner visa sponsor documents lists the usual documents. The sponsorship itself is lodged with Form 40SP, which the guide on Form 40SP for a partner visa explains.

Married in Ireland: how is an Irish marriage proved?

An Irish marriage is proved with a marriage certificate from the Irish civil registration system. In Ireland, a marriage is registered after the ceremony using the Marriage Registration Form, and certificates can then be ordered through the General Register Office or a Civil Registration Service.

Ireland's Citizens Information service explains that a couple must give notification of their intention to marry, in person, to a Registrar at least three months before the marriage. The Registrar then issues a Marriage Registration Form if there is no impediment. After a civil ceremony, the Registrar registers the marriage. After a religious or secular ceremony, the couple give the signed form to a Registrar within one month so that the marriage can be registered. A marriage certificate cannot be issued until the marriage is registered.

This matters for a sponsor partner from Ireland application in two ways, and it is a common source of delay for anyone who wants to sponsor partner from Ireland soon after a wedding. First, a couple who married recently in a religious ceremony should make sure the form was returned and the marriage registered before they lodge. A church record alone is not the civil registration. Second, the Department expects the official certificate. The Irish Government notes that a certificate printed on secure paper is the version intended for legal and administrative purposes, while a plain "copy of an entry" is mainly for research. The guide on the partner visa marriage certificate explains what the Department expects, and the answer on a religious or cultural marriage explains why civil validity matters.

An Irish marriage is generally recognised in Australia if it was valid under Irish law 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 a valid marriage for a spouse visa explains the requirements. Same-sex marriages made in Ireland are recognised in the same way, as the answer on same-sex marriage and the spouse visa explains.

If either partner was married before, the earlier marriage must have been dissolved. An Irish divorce decree, or a divorce from another country, should be provided. The guide on a partner visa after divorce explains which documents are used.

Irish civil partnerships and unmarried couples

An Irish civil partnership is strong evidence of commitment, but it does not by itself make the couple spouses or registered partners for Australian partner visa purposes. The couple apply either as spouses, if they have since married, or as de facto partners who meet the Australian definition.

Ireland introduced civil partnership before it introduced same-sex marriage, and some couples who sponsor partner from Ireland are still civil partners. Irish sources note that where civil partners registered in Ireland later marry each other, the civil partnership is dissolved automatically. Couples in a continuing civil partnership can provide the civil partnership certificate, which is ordered in the same way as a marriage certificate.

Under Australian law, a de facto couple generally need to have been in the de facto relationship for 12 months before applying. One exception is registration of the relationship under a law of an Australian state or territory. An Irish civil partnership is not a registration under Australian state or territory law, so it does not by itself remove that 12-month requirement. In practice, most civil partners have been together for well over 12 months, so the requirement is usually met in any event. The answer on an overseas registered relationship and the partner visa explains how overseas registrations are treated, and the answer on registering a de facto relationship for a partner visa explains Australian registration.

Unmarried couples who are not civil partners apply as de facto partners. The guide on de facto partner visas in Australia explains the definition, and the firm's LGBTI partner visa page explains how same-sex de facto couples are assessed.

How does an Irish partner get a Garda police certificate?

To sponsor partner from Ireland, the Irish partner applies to An Garda Síochána for a police certificate. According to An Garda Síochána, the certificate is issued by the Superintendent for the Garda district where the applicant lives, or used to live, in the Republic of Ireland.

For a sponsor partner from Ireland application, the Garda application requires a completed Police Certificate Application Form, a certified copy of a passport, driving licence or similar identification, and proof of the applicant's address or previous addresses. The certificate is free. An Garda Síochána states that processing takes about three weeks. These details can change, so the current Garda instructions should be checked before applying.

An Garda Síochána only issues police certificates for limited purposes. Those purposes include foreign consular authorities and visa applications, including immigration matters. A sponsor partner from Ireland application therefore falls within the accepted purposes. An Garda Síochána also states that a police certificate is not Garda vetting, a security clearance or a character reference. Garda vetting obtained for employment in Ireland is a different process and should not be provided in place of a police certificate.

An Irish partner who is already living in Australia applies on the basis of their former address in the Republic. Because the application is linked to a Garda district and requires proof of address, it helps to have old utility bills, bank statements or tenancy records that show where the partner lived. A partner who lived in several districts should check which district Superintendent to apply to. A sponsor partner from Ireland application is often delayed simply because the applicant cannot easily prove a past Irish address.

When you sponsor partner from Ireland, 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. Many Irish partners have also lived in the United Kingdom, Canada, the United States or elsewhere. Each of those countries may need its own certificate. The guide on partner visa overseas police certificates explains the general rules, and the guide on the partner visa AFP police check explains the Australian check for applicants who have spent time in Australia. The answer on police checks for a partner visa gives a short summary.

Police certificates expire for Department purposes, so the timing of each certificate matters when you sponsor partner from Ireland. The guide on partner visa expired police checks explains when they need to be renewed.

What if your partner is from Northern Ireland?

A partner from Northern Ireland is not covered by the Garda police certificate process for time spent living in Northern Ireland. An Garda Síochána directs Northern Ireland residents to the Police Service of Northern Ireland.

Northern Ireland is part of the United Kingdom, and this distinction matters when you sponsor partner from Ireland. Many people born in Northern Ireland are entitled to both Irish and British citizenship and may travel on either passport. For a sponsor partner from Ireland application, the police certificate depends on where the person lived, not on which passport they hold. A partner who lived in Northern Ireland for 12 months or more needs a United Kingdom police certificate covering that period. A partner who also lived in the Republic of Ireland for 12 months or more needs a Garda certificate as well.

The couple should also take care with the application form. The applicant should declare every citizenship they hold. A sponsor partner from Ireland application where the applicant holds both Irish and British citizenship should list both, and should use the passport that the applicant will travel on. The firm's article on the Australian partner visa for UK citizens and the answer on bringing a spouse from the UK to Australia deal with the United Kingdom side. The guide on a partner visa change of passport explains what to do if the applicant changes passports after lodgement.

Do you need a Garda certificate yourself to sponsor partner from Ireland?

Possibly. If the Australian sponsor lived in the Republic of Ireland for 12 months or more, in total, in the relevant period since turning 16, the Department can ask the sponsor for a Garda police certificate under regulation 1.20KC.

Many Australians who sponsor partner from Ireland lived and worked in Ireland before returning home. The Department can 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, not to the applicant. Department policy treats 28 days as a reasonable time to provide the checks, or at least evidence that they have been requested.

A sponsor who must provide a Garda certificate to sponsor partner from Ireland applies to An Garda Síochána in the same way as the applicant, using a past address in the Republic. The sponsor should keep evidence of their Irish address, because proof of address is part of the Garda application. The guide on partner visa sponsor police checks explains which checks may be requested, the guide on a partner visa sponsor police check not provided explains what happens if a sponsor does not respond, and the guide on the partner visa sponsorship assessment explains how the Department assesses the sponsor.

How do you prove the relationship when life is split between Ireland and Australia?

The relationship must be proved across the four aspects in regulation 1.15A: financial aspects, the nature of the household, social aspects and the nature of the commitment. Couples who sponsor partner from Ireland should present evidence from both countries in one clear timeline.

Many couples who sponsor partner from Ireland spend periods apart. One partner may return to Ireland for family reasons, or the couple may live in different countries while waiting for a visa. Periods apart do not end a de facto relationship if the couple remain committed and do not live separately and apart on a permanent basis. The guide on a partner visa long-distance relationship and the answer on a long-distance relationship and the partner visa explain how time apart is assessed. The guide on partner visa intermittent cohabitation deals with couples who move between countries.

Useful evidence in a sponsor partner from Ireland application includes:

• Financial. Joint accounts, transfers between Irish and Australian accounts, shared bills and contributions to rent in either country. The guide on partner visa financial aspects explains what is assessed.
• Household. Tenancies in either country, mail at a shared address, and how the couple divide household responsibilities. The guide on the partner visa nature of household explains this aspect.
• Social. Joint visits to family in Ireland and Australia, joint invitations, and friends who know the couple. The guide on partner visa social aspects explains this aspect.
• Commitment. Contact during time apart, travel to see each other, and plans for the future in Australia. The guide on the partner visa nature of commitment and the guide on partner visa travel evidence explain this aspect.

In a sponsor partner from Ireland application, messages and call records can show contact during periods apart, but they should be selected and organised, not uploaded in bulk. The answer on messages, emails and call records explains how to present them, and the guide on the partner visa relationship timeline explains how a timeline holds the evidence together.

Each partner writes their own relationship statement for the sponsor partner from Ireland application. The two statements must agree with each other and with the documents. The guide on the partner visa relationship statement explains what to cover. Supporting statements use Form 888. A Form 888 must be completed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, so Irish family members usually give letters or statements as additional evidence rather than Form 888. The answer on who can sign Form 888 explains the rules, and the guide on Form 888 witness statements explains what a good statement contains. The answer on whether families need to know about the relationship explains why family awareness is relevant.

Can your Irish partner visit Australia while waiting for a Subclass 309 or Subclass 300?

Yes, usually. Couples who sponsor partner from Ireland offshore often ask this first. An Irish partner with a pending offshore application can apply to visit Australia, provided the visit is genuine. Irish passport holders apply online for an electronic travel authority before they travel, as Ireland's Department of Foreign Affairs advises.

A visitor visa or electronic travel authority is granted for a temporary stay, even while you sponsor partner from Ireland. The applicant must answer every question honestly, including any question about a pending partner visa application. The answer on visiting Australia while a Subclass 309 is processing and the answer on visiting Australia while a Subclass 300 is processing explain the rules.

The offshore visa can only be granted while the applicant is outside Australia. An Irish partner visiting Australia when the case officer is ready to decide may need to depart. Some couples consider changing from an offshore application to an onshore one once the partner is in Australia. That is not a simple switch. The answer on changing from a Subclass 309 to a Subclass 820 explains the risks, and the guide on a visitor visa during partner visa processing explains how visitor visa conditions can affect later applications.

Once a Subclass 309 is granted after you sponsor partner from Ireland, the applicant must make their first entry to Australia within the period set in the grant. The guide on the partner visa first entry deadline explains that requirement.

What does it cost to sponsor partner from Ireland?

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

There is no separate government charge to sponsor partner from Ireland when the sponsorship is lodged with the visa application. The Garda police certificate itself is free, but there may be other costs for certificates from other countries, health examinations and certified copies. The guide on the partner visa cost explains the main components. The visa application charge is generally not refunded if the application is refused or withdrawn, which is why a sponsor partner from Ireland application should be correct before it is lodged. The guide on the partner visa application review explains how a review before lodgement can reduce risk.

What mistakes lead to refusal when you sponsor partner from Ireland?

The mistakes that most often lead to refusal are lodging after the Irish partner's visa has expired, applying as de facto partners without meeting the definition, missing police certificates, inconsistent statements, and a sponsor who does not respond to Department requests.

In a sponsor partner from Ireland matter, these are the problems to watch for:

• A working holiday or employer sponsored visa that expires before lodgement. The applicant then has to meet Schedule 3. The guide on a partner visa refused under Schedule 3 explains how those refusals arise.
• Treating an Irish civil partnership as an Australian registration. The couple must still meet the Australian de facto definition or have married.
• A religious marriage that was never registered. The Marriage Registration Form must be returned so that the marriage is registered.
• A Garda certificate from the wrong district, or Garda vetting instead of a police certificate. These delay the application.
• Missing United Kingdom certificates for time spent in Northern Ireland or Great Britain.
• Thin evidence for periods apart. The guide on a partner visa refused for insufficient evidence explains this type of refusal.
• Statements that do not match. The guide on partner visa conflicting statements explains how inconsistencies are treated.

The guide on partner visa refusal reasons and the guide on a partner visa non-genuine relationship refusal explain the wider pattern.

How should you respond to a section 56 or section 57 letter?

Respond fully and within the time given. A late or partial response is one of the easiest ways to lose a sponsor partner from Ireland application. A section 56 request asks for more information. A section 57 letter puts adverse information to the applicant and invites comment before a decision is made.

In a sponsor partner from Ireland application, a section 56 request often asks for a Garda certificate, a United Kingdom certificate, updated relationship evidence or proof that a marriage was registered. A section 57 letter may concern an inconsistency in the evidence or a sponsorship problem. Department policy limits what the applicant is told about the sponsor's personal information, so the couple should talk to each other as soon as a letter arrives. The guide on responding to a section 56 request, the answer on section 56 response times and the guide on common adverse information in section 57 letters explain how to respond. The answer on an extension to a section 57 letter explains when more time may be requested.

Can a refusal be reviewed after you sponsor partner from Ireland?

Yes. A refused Subclass 820 or Subclass 309 application can be reviewed by the Administrative Review Tribunal if the review application is made within 28 days after the decision is notified.

For a Subclass 820 refusal, the visa applicant applies for review. 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 guide on partner visa ART fees explains the fee.

The Tribunal considers the case afresh on the evidence before it when it decides. A sponsor partner from Ireland review often turns on new evidence, such as updated Garda or United Kingdom certificates, proof of marriage registration, or further relationship evidence. The firm's partner visa refusals page explains how the firm acts on review, the guide on how to appeal a partner visa refusal explains the steps, and the guide on partner visa ART evidence explains how evidence is presented. The answer on the review deadline for a partner visa refusal explains why the time limit is strict, and the firm's urgent visa refusal review page explains how urgent reviews are handled.

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

The Department assesses the Subclass 801 or Subclass 100 visa about two years after the combined application was lodged. The relationship must still be genuine and continuing, and the applicant must still meet health and character requirements.

At that stage of a sponsor partner from Ireland matter, the couple usually provide updated evidence, updated statements and, if requested, new police certificates. An Irish partner who has returned to Ireland or lived in another country for 12 months or more since lodgement may need a new certificate from that country. The guide on partner visa second stage documents explains what is usually provided, and the guide on a permanent partner visa explains the permanent stage. The answer on documents for the Subclass 801 second stage gives a practical list.

If the relationship ends before the permanent visa is granted, limited exceptions to the usual sponsor partner from Ireland requirements may apply, including where there is a child of the relationship or family violence. The family violence partner visa lawyers page explains those provisions.

How My Migration Lawyers helps you sponsor partner from Ireland

My Migration Lawyers acts for Australian sponsors and their Irish 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 Ireland matter whether the Irish partner is in Australia on another visa or still in Ireland.

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

• Checking the Irish partner's current Australian visa for condition 8503 and its expiry date, and planning a valid lodgement before Schedule 3 becomes an issue.
• Assessing the sponsor's eligibility under regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD, including sponsors who are dual Australian and Irish citizens or citizens by descent.
• Checking Irish marriage registration, civil partnership certificates and divorce records, and advising whether the couple apply as spouses or de facto partners.
• Planning Garda police certificates for the applicant and, where the sponsor lived in Ireland for 12 months or more, for the sponsor, including identifying the correct district and proof of address.
• Identifying United Kingdom police certificates for partners who lived in Northern Ireland or Great Britain.
• Organising relationship evidence across Ireland and Australia, including periods apart, 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 overseas by video. The guide on working with an offshore partner visa lawyer and the answer on whether an Australian partner visa lawyer can help if you live overseas explain how that works. Sponsors can also read about the firm's partner visa lawyers in Adelaide, partner visa lawyers in Canberra, partner visa lawyers on the Gold Coast and partner visa lawyers in Hobart. The answer on a partner visa lawyer who handles complex cases describes 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 are ready to sponsor partner from Ireland, or a Department letter or refusal has already arrived, Book a Consultation with My Migration Lawyers, or call 1300 040 300.