Sponsoring a Partner From Italy

To sponsor partner from Italy, an Australian citizen, Australian permanent resident or eligible New Zealand citizen sponsors an Italian spouse or de facto partner for an Australian partner visa. The sponsor partner from Italy process has two halves: the Australian partner's sponsorship and the Italian partner's visa application.

This guide is written for the Australian sponsor. Many sponsors who want to sponsor partner from Italy have family links to Italy, hold Italian citizenship themselves, or have lived in Italy with their partner. Others met an Italian partner who came to Australia to study, travel or work. Each of those stories leads to a different strategy. This article explains how to choose between the offshore and onshore pathways, which Italian police certificates are needed, when the sponsor also needs Italian checks, how an Italian church wedding or civil union is treated, and how couples who have lived with family in Italy can prove their relationship. The firm's partner visa lawyers act for sponsors and applicants in these matters.

Italian citizens who are the applicants can also read the separate guide on the Australian partner visa for Italian citizens. This article looks at the same journey from the sponsor's side.

What does it mean to sponsor partner from Italy?

It means the Australian partner formally sponsors the Italian partner's partner visa application, gives undertakings to the Department, and must be approved as a sponsor before the visa can be granted.

The sponsor and the applicant have different jobs. Confusion about who does what is a common cause of delay in a sponsor partner from Italy application.

TaskAustralian sponsorItalian partnerLodgesThe sponsorship, usually through ImmiAccount after the visa applicationThe visa application and pays the chargeProvesAustralian citizenship, permanent residence or eligible New Zealand citizen statusIdentity, Italian civil documents, health and characterPolice checksWhen requested under regulation 1.20KCItalian certificates and any other country certificatesRelationshipShared relationship statement and evidenceShared relationship statement and evidence

The guide on the partner visa sponsor explains the role in full, and the guide on partner visa sponsor obligations explains what the sponsor promises. The answer on whether a lawyer can help an Australian citizen sponsor their partner explains how the firm assists sponsors.

Who can be a sponsor

The sponsor must be at least 18 and must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Under regulation 1.20J, a sponsor generally cannot sponsor more than two partners in a lifetime, and cannot sponsor a partner within five years of a previous partner sponsorship or within five years of their own grant as a partner, unless there are compelling circumstances. Regulations 1.20KA and 1.20KB add limits for Contributory Parent visa holders and for applications that include children where the sponsor has child-related offences. Regulations 1.20KC and 1.20KD deal with sponsor police checks and significant criminal records for Subclass 300, 309 and 820 applications made on or after 18 November 2016. The sponsorship limitations page explains these rules, and the guide on the partner visa sponsorship assessment explains how the Department applies them.

Sponsorship approval is decided at the time of decision, not only at lodgement, so a sponsor partner from Italy file should be checked again before the decision. The guide on a partner visa sponsor risk assessment explains how to identify problems before they arise.

Where will your Italian partner be when you lodge?

The location of the Italian partner on the day of lodgement decides the subclass for a sponsor partner from Italy application. If the partner is outside Australia, the couple applies for the Subclass 309 visa. If the partner is in Australia and can validly lodge, the couple can apply for the Subclass 820 visa.

Couples living together in Italy

Many sponsors who sponsor partner from Italy have been living in Italy with their partner, sometimes for years. For these couples, the Subclass 309 partner visa is the usual pathway. It is lodged while the Italian partner is outside Australia and must be granted while the partner is outside Australia. It then leads to the permanent Subclass 100 visa. The guides on partner visa offshore lodgement and on the offshore partner visa lawyer explain the practical steps.

Italian partners already in Australia

An Italian partner may already be in Australia as a student, on a Working Holiday (Subclass 417) visa or as a visitor. If the partner holds a substantive visa without condition 8503, the onshore Subclass 820 partner visa is often available. The guides on a partner visa on a student visa and on a partner visa while on a tourist visa explain the issues that arise in each case.

Engaged couples planning a wedding in Australia

If the couple is engaged and wants to marry in Australia, the Subclass 300 Prospective Marriage visa brings the Italian partner to Australia to marry. The answer on bringing a fiance to Australia and the guide comparing the fiance route with marrying first explain the choice.

The comparison of the Subclass 820 and Subclass 309 partner visas is a useful starting point when the sponsor partner from Italy decision is not obvious.

Can I sponsor partner from Italy if I also live in Italy?

Yes, if you are an Australian citizen. An Australian citizen who lives in Italy can sponsor partner from Italy for a Subclass 309 visa, but the couple should show a genuine plan to live in Australia. An Australian permanent resident or an eligible New Zealand citizen sponsor is generally expected to be usually resident in Australia.

This situation is common for Australians of Italian heritage who moved to Italy for work or family, and for Australians who met their partner while living in Italy. The questions the Department may look at include where the couple intends to live, whether the sponsor has kept ties to Australia, and when the couple plans to move. The guides on a partner visa sponsor living overseas and on a partner visa sponsor returning to Australia explain the position. The answer on whether an Australian living overseas can sponsor a partner gives a short answer.

In a sponsor partner from Italy case where the sponsor has been abroad for years, a permanent resident sponsor who has been away from Australia for a long period should also check their own travel facility. The guide on a partner visa sponsor with an expired travel facility and the guide on a partner visa sponsor on a Resident Return visa explain this problem.

Sponsors who are also Italian citizens

Many Australians who sponsor partner from Italy hold Italian citizenship through descent. Holding a second citizenship does not prevent a person from sponsoring as an Australian citizen. The guide on a partner visa sponsor who is a dual citizen explains how to prove Australian status, and the guide on a citizen by descent partner visa sponsor covers Australians who obtained Australian citizenship by descent while born overseas.

How long must we be together to sponsor partner from Italy?

There is no minimum relationship length for a married couple. A de facto couple generally needs to have been in the de facto relationship for at least 12 months before lodgement, unless the relationship is registered in an Australian state or territory or there are compelling and compassionate circumstances.

Time spent living together in Italy counts towards the 12 months in the same way as time in Australia. A sponsor partner from Italy application by a de facto couple should therefore set out, with documents, where the couple lived and for how long. Leases, utility accounts, shared addresses on official records and family statements are useful. Periods of living apart do not necessarily break the 12 months, but a permanent separation does.

A married couple who married quickly after meeting can still apply, but the Department will look closely at the genuineness of the relationship. The sponsor partner from Italy evidence then needs to show the development of the relationship before and after the wedding. The answers on how long a relationship must be for a partner visa, on applying before 12 months as de facto partners and on marrying soon after meeting explain each situation. The guide on the partner visa minimum relationship length and the answer on the legal definition of a de facto relationship set out the law.

Which Italian police certificates are needed to sponsor partner from Italy?

To sponsor partner from Italy, the Italian partner usually provides the Italian criminal record certificate, called the certificato del casellario giudiziale, and should also consider the certificato dei carichi pendenti, which records criminal proceedings that are still pending.

The Department asks applicants for police certificates from each country where they have lived for 12 months or more in the last 10 years since turning 16. For a sponsor partner from Italy application, the Italian documents work as follows:

• Certificato del casellario giudiziale. This certificate lists final criminal convictions recorded in the Italian judicial records system. It can be requested from any Public Prosecutor's Office (Procura della Repubblica) in Italy.
• Certificato dei carichi pendenti. This certificate lists criminal proceedings still pending against the person. It is issued by the Public Prosecutor's Office attached to the court with jurisdiction over the person's current or former place of residence, so the office chosen matters.
• Requesting from abroad. An Italian partner who is outside Italy applies to the relevant office in Italy directly or through an authorised representative. Some offices offer postal procedures for people who live abroad. Italian consulates publish guidance on how this works.
• Translation. The certificates are issued in Italian, so an accurate English translation is needed.

The Department decides which certificates it needs in each sponsor partner from Italy application. Where the Department asks for evidence of pending matters, the certificato dei carichi pendenti is the relevant Italian document. The guides on partner visa overseas police certificates and on partner visa character requirements explain the general rules. The answer on whether a police check is needed for a partner visa gives a short summary.

Timing the Italian certificates

Police certificates are treated as current for a limited period. An Italian certificate ordered too early may expire before the decision, and one ordered too late may hold up a decision ready application. In a sponsor partner from Italy matter, the safest course is to order the certificates when the rest of the application is nearly complete, and to keep them up to date. The guide on partner visa expired police checks explains when to update.

Convictions or pending matters in Italy

An Italian partner with a conviction, or a matter still before an Italian court, should get advice before lodging. A pending matter does not automatically mean refusal, but it must be disclosed. The guides on partner visa overseas convictions and on partner visa pending charges explain the approach, and the answer on disclosing charges with no conviction explains why disclosure matters.

Does an Italian-Australian sponsor need an Italian police check?

Yes, if the sponsor has lived in Italy 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 lived for 12 months or more, in total, in the relevant period since turning 16.

Many Australians who sponsor partner from Italy have spent long periods in Italy: studying, working in a family business, caring for relatives or living with the Italian partner. Those periods count, and the 12 months is cumulative. The request is made to the sponsor, not to the applicant, and Department policy treats 28 days as a reasonable time to respond with the checks or with evidence that they have been requested.

A sponsor who cannot get a foreign check can ask the Department to waive it, but the better course is usually to start the Italian request early and to keep the Department informed. The guides on the partner visa sponsor police check and on a partner visa sponsor significant criminal record explain the rules. The answer on a sponsor with a criminal record explains what happens if the check discloses a conviction.

Can I sponsor partner from Italy if my partner has children?

Yes. Dependent children of the Italian partner can usually be included in the partner visa application, but the sponsor's own history and the consent of the other parent must be checked first.

Including children changes a sponsor partner from Italy application in three ways:

• Sponsor limitation. Regulation 1.20KB can prevent approval of the sponsorship where the application includes a child and the sponsor has been charged with or convicted of a registrable offence, subject to the exceptions in the regulation. The guide on partner visa stepchildren explains the sponsor's role.
• Consent and custody. Where a child is to migrate without the other parent, the Department usually needs evidence that the other parent consents, or an order from a court in Italy or elsewhere allowing the child to migrate. Italian court orders must be translated. The guide on partner visa child custody and consent and the answer on the other parent refusing consent explain the options.
• Health and character. Each child must meet health requirements, and children aged 16 or over may need police certificates. The guide on adding children to a partner visa and the answer on including a partner's children explain the documents.

A child who will not migrate may still need to be declared and may need a health check. The answer on health checks for non-migrating children explains when. Getting this right at lodgement avoids a delayed sponsor partner from Italy decision later.

What if the Department asks for more Italian documents?

The Department can ask for more information under section 56 of the Migration Act 1958. In a sponsor partner from Italy matter, these requests often seek updated Italian certificates, translations, proof that a marriage was registered, or more evidence of the household.

The request sets a deadline. If an Italian office cannot issue a document in time, the response should explain the delay and attach proof that the document was requested. Before refusal on adverse information, the applicant receives a section 57 letter inviting comment. The guides on the section 56 request for more information and on partner visa section 56 extensions explain the process, and the answer on a section 57 letter before refusal explains the next step.

Is an Italian church wedding valid for an Australian partner visa?

Yes, where the marriage is a legally valid marriage under Italian law and would be recognised as valid in Australia. A religious wedding that has civil effect in Italy, and is recorded in the Italian civil register, is generally treated in the same way as a civil marriage.

For a sponsor partner from Italy application based on marriage, the couple should provide an extract of the marriage record from the Italian civil register, not only a church certificate. Italy is a party to the 1976 Vienna Convention on multilingual extracts from civil status records, so a multilingual extract may be available and can reduce translation work. The guides on whether an overseas marriage is recognised in Australia and on a partner visa overseas marriage not recognised explain the tests.

Three questions arise often when Australians sponsor partner from Italy after a wedding in Italy:

• Was the religious ceremony registered in the civil register? If it was not, the couple may not be legally married, and the application may need to be made on a de facto basis. The answer on a religious or cultural marriage and a partner visa explains the issue.
• Was an earlier marriage properly ended? A previous marriage must have been dissolved before the new marriage. The answer on a valid marriage for a spouse visa explains the requirements.
• Did the couple marry in Australia and need to tell Italy? An Italian citizen who marries in Australia may have to have the marriage transcribed into the Italian civil register under Italian law. That is a separate Italian process. For the Australian partner visa, the Australian marriage certificate is the relevant document. The guide on how to get married in Australia and the answer on the notice of intended marriage explain the Australian steps.

What if we have an Italian civil union?

An Italian civil union (unione civile) is reserved for same-sex couples under Italian law and is not a marriage. For a partner visa, a same-sex couple in an Italian civil union will usually apply as de facto partners, unless they have also married.

This matters to Australians who sponsor partner from Italy in a same-sex relationship. A sponsor partner from Italy application by a same-sex couple should state the basis clearly. The civil union is strong evidence of commitment, but it is not automatically treated as a relationship registered under an Australian state or territory law. If the couple has lived together for less than 12 months, they may need to register their relationship in an Australian state or territory, or show compelling and compassionate circumstances. The LGBTI partner visa page and the answer on an overseas registered relationship and a partner visa explain the options. The answers on a same-sex de facto visa and on a same-sex marriage spouse visa cover each route.

What Italian civil documents are needed?

A sponsor partner from Italy application usually includes the Italian partner's passport, birth certificate or birth extract, marriage extract where married, evidence ending any earlier marriage, and evidence of any name change, each with an English translation.

In a sponsor partner from Italy application, Italian identity documents and civil records sometimes show a person's name differently, for example with or without a second given name, or with a married surname. The answer on different names and dates on documents and the answer on a name change after marriage explain how these differences are explained. The guide on partner visa evidence translation and the answer on translating a marriage certificate explain translation. The partner visa checklist gives a full list.

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

The Department considers the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Evidence in a sponsor partner from Italy application should reflect how the couple actually lives, in Italy, in Australia, or in both.

Living with family in Italy

Some couples live in a family home before or after marriage, for example while saving for their own home, while caring for a parent, or because housing is shared across generations. That is a valid household. The evidence should show that the couple shares a room or space, contributes to the household, and is treated by the family as a couple. The guide on a partner visa while living with parents and the answer on living with family and a partner visa explain how this is documented.

Finances across two countries

Couples who sponsor partner from Italy often have accounts in both Italy and Australia. Statements from Italian banks, shared bills, transfers between partners and contributions to household costs are relevant. Statements in Italian need translation at least for the parts relied on. The guides on the partner visa financial aspects and on partner visa separate finances explain what helps.

Social evidence and Form 888 statements

For a sponsor partner from Italy application, social evidence includes the families' knowledge of the relationship, shared events, travel together and how the couple presents itself to others. Supporting statements from people who know the couple are given on Form 888 by Australian citizens and permanent residents. Friends and family in Italy may give their own statements. The guides on Form 888 witness statements and on the partner visa social aspects explain how this evidence fits together.

The relationship statement

There is one relationship statement. It is the couple's own account of how they met, how the relationship developed, how they live and what they plan. It must be accurate and consistent with the documents. The guide on the relationship statement for a partner visa explains its structure, and the answer on a lawyer reviewing relationship statements explains how the firm reviews the couple's draft, which remains their own account.

Can my Italian partner travel to Australia while the Subclass 309 is processed?

Yes. An Italian partner can usually visit Australia on a visitor visa while a Subclass 309 application is processed, but must be outside Australia when the Subclass 309 visa is granted.

Visits are common while a sponsor partner from Italy application waits. Italian passport holders can generally apply for an eVisitor (Subclass 651) visa for short visits. The visit must be a genuine visit, and the visitor visa application should be answered truthfully, including about the relationship. A visitor visa may carry condition 8503, which can stop an onshore partner application. The answers on visiting Australia while a Subclass 309 is processed and on bringing a spouse to Australia on a visitor visa explain the limits. The guide on partner visa 8503 waivers explains what happens if condition 8503 applies.

What happens when the Italian partner arrives in Australia?

Once the Subclass 309 visa is granted, the Italian partner can travel to Australia and live, work and study here while the permanent Subclass 100 stage is assessed. The visa grant letter may set a date by which the first entry must be made.

The sponsor partner from Italy process does not end at the first grant. The permanent stage is usually assessed about two years after the combined application was lodged, and the Department checks that the relationship is continuing. The guides on the partner visa first entry deadline, on arriving in Australia on a partner visa and on the partner visa sponsor at the second stage explain each step. The answer on a lawyer for the Subclass 100 permanent stage covers the final stage.

How much does it cost to sponsor partner from Italy?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710, paid when the visa application is lodged.

Couples should also budget for Italian police certificates, translations, medical examinations and charges for any children included in the application. The guide on partner visa cost explains the elements, and the answer on the partner visa cost gives a short summary. A sponsor partner from Italy budget should also allow for travel between the two countries while the application is waiting.

What problems arise when Australians sponsor partner from Italy?

In sponsor partner from Italy matters, the problems seen most often are lodging under the wrong subclass, relying on a church certificate instead of the civil marriage record, missing the certificato dei carichi pendenti when it is needed, and forgetting the sponsor's own Italian residence.

Other issues in sponsor partner from Italy matters include:

• Inconsistent names. Italian records may show names in a different order or form.
• Untranslated evidence. Italian bank statements, messages and certificates without translations.
• An unclear plan to move. A citizen sponsor living in Italy who cannot explain when the couple will move to Australia.
• Condition 8503. A visitor visa with condition 8503 blocks an onshore application unless it is waived.
• Conflicting accounts. The relationship statement and the forms tell different stories. The guide on partner visa interview inconsistencies explains why consistency matters.

The guide on why partner visas get refused sets out the wider pattern, and the answer on a lawyer checking a partner visa before lodging explains a pre-lodgement review.

Can a refused partner visa be reviewed?

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

For a Subclass 820 refusal, the applicant applies. For a Subclass 309 refusal, the visa applicant applies in their own name under section 338(9) of the Migration Act 1958, with regulations 4.02(4)(saa) and 4.02(5)(raa), inserted in 2023. The Tribunal application fee for a partner visa review is AUD 3,727. A refused sponsor partner from Italy application should be reviewed promptly, because the 28-day limit cannot be extended. The partner visa refusals page, the guide on how the partner visa ART review process works and the answer on the review deadline for a partner visa refusal explain the steps. The answer on new evidence at Tribunal review explains that updated Italian documents can be provided.

How My Migration Lawyers helps you sponsor partner from Italy

My Migration Lawyers acts for Australian sponsors and their Italian partners in offshore and onshore 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 Italy matter from the first advice through to the permanent stage or Tribunal review.

The firm's work on a sponsor partner from Italy matter typically includes:

• Deciding between the Subclass 309, Subclass 820 and Subclass 300 pathways, including for sponsors who live in Italy.
• Assessing the sponsor under regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD, including whether Italian checks will be requested because the sponsor lived in Italy.
• Advising on the certificato del casellario giudiziale and the certificato dei carichi pendenti, and on any certificates from other countries.
• Checking that an Italian marriage is a legally registered marriage, and advising same-sex couples in an Italian civil union on the right basis for the application.
• Reviewing Italian civil documents, name differences and translations.
• Organising evidence of a household shared with family, finances across two countries and the social aspects of the relationship.
• Reviewing the couple's relationship statement, which remains their own account, and Form 888 statements.
• Lodging the application and sponsorship, responding to section 56 and section 57 letters, and acting in Administrative Review Tribunal review.

Consultations are by video, so a sponsor in Australia and a partner in Italy can attend together. Sponsors can read about the firm's work as partner visa lawyers in Perth, partner visa lawyers in Adelaide and partner visa lawyers in Melbourne. Partner visa matters at the firm are supervised by Weiwei Zhang, Principal Lawyer. The partner visa FAQ centre answers shorter questions, and the contact page explains how to reach the firm.

If you plan to sponsor partner from Italy, Book a Consultation with My Migration Lawyers, or call 1300 040 300.