Sponsoring a Partner From Japan

Australians can sponsor partner from Japan for a partner visa when the sponsor is eligible and the couple can prove a genuine and continuing relationship. Before anyone tries to sponsor partner from Japan, though, there is one question that is often overlooked: has the Australian sponsor lived in Japan?

That question matters because many Australian sponsors met their Japanese partner while working, teaching or studying in Japan. A sponsor who lived in Japan for 12 months or more in the relevant period can be asked for a Japanese police certificate. That certificate takes months to obtain, and the Department's request comes with a short response period. This guide therefore starts with the sponsor, then deals with the visa pathway, Japanese documents, marriage in Japan, the Japanese partner's own police certificate, relationship evidence and the refusal risks. It is written for the Australian who wants to sponsor partner from Japan. The firm's partner visa lawyers act for Australian sponsors and Japanese partners in this type of matter.

A sponsor partner from Japan matter usually involves one of three types of couple. Some met in Japan and want to move to Australia together. Others met in Australia while the Japanese partner held a Working Holiday visa, a student visa or a visitor visa. A third group are Australians of Japanese heritage whose partner lives in Japan. The firm's answer on whether a lawyer can help bring a spouse from Japan gives a short summary of how the firm assists.

Can I sponsor partner from Japan?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Japan, provided the couple are married or in a de facto relationship and the sponsor meets the sponsorship requirements.

The legal test is the same for every nationality, so the sponsor partner from Japan process uses the ordinary partner visa criteria. The sponsor lodges a sponsorship, and approval is assessed at the time the visa decision is made. The sponsor must not be barred 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 new sponsorship within five years of a previous partner sponsorship or of the sponsor's own partner visa grant, unless compelling circumstances exist. Regulation 1.20KA deals with a contributory parent limitation, regulation 1.20KB applies where children are included, and regulations 1.20KC and 1.20KD deal with the sponsor's police checks and criminal history. The firm's page on partner visa sponsorship limitations explains each rule.

The guides on partner visa sponsor eligibility and on Form 40SP for partner visas explain the sponsorship itself. A sponsor who is an Australian citizen by descent and has lived most of their life in Japan should also read the guide on a citizen by descent as a partner visa sponsor, and a sponsor who holds both Australian and another citizenship can read the guide on a dual citizen partner visa sponsor. A sponsor who has lived overseas for many years should read the guide on a partner visa sponsor living overseas.

Why does it matter if the sponsor lived in Japan?

It matters because regulation 1.20KC allows the Department to ask the sponsor for a police check from each country where the sponsor lived for 12 months or more, in total, in the relevant period since turning 16. An Australian who lived in Japan for that long can be asked for a Japanese police certificate.

This is the most distinctive issue in a sponsor partner from Japan matter. Many Australians live in Japan for a year or more, for teaching, work, study or a working holiday, and meet their partner there. The 12 months is cumulative, so two contracts of eight months each, separated by a trip home, can add up to more than 12 months.

The request is made to the sponsor, not to the visa applicant. It often arrives many months after lodgement, when the case officer is preparing to decide the application. Department policy treats 28 days as a reasonable time for the sponsor to provide the police checks or, at a minimum, evidence that they have been requested. If the sponsor does not respond, the Department may refuse to approve the sponsorship, and the visa must then be refused. The firm's guide on what happens when a sponsor police check is not provided explains that risk in detail.

The sponsor's checks are separate from the applicant's checks. A sponsor partner from Japan application will usually involve two sets of Japanese police certificates: one for the Japanese partner and, if the sponsor lived in Japan long enough, one for the sponsor. The guide on the partner visa sponsor police check explains the sponsor's request, and the guide on the partner visa sponsorship assessment explains how the sponsor is assessed.

Department policy says delegates are not required to request police checks from female sponsors where there are no character concerns. That is policy, not law, and a female sponsor who receives a request must respond in the same way. The guide on the female sponsor police check policy explains it.

How does a sponsor get a Japanese police certificate in Australia?

A sponsor in Australia applies in person at a Japanese embassy or consulate, where fingerprints are taken, and the application is forwarded to the National Police Agency of Japan. The Consulate-General of Japan in Sydney states that processing takes about 2 to 3 months.

The Japanese Police Certificate is a criminal record check based on the applicant's fingerprints. According to the Consulate-General of Japan in Sydney, it is issued only where a foreign government requires it, for purposes such as Australian visas and citizenship. Applications are made in person, by appointment, at the consular office. The applicant brings the completed application form and passport, and in some cases proof of the reason for the certificate, such as an official request letter from a government authority, with a Japanese translation. The consulate notes that the certificate is issued in a sealed envelope that must not be opened by anyone other than the intended recipient, or it becomes invalid. The guide on partner visa overseas police certificates explains how foreign certificates are handled generally.

Japanese diplomatic offices in Australia publish their own procedures, and a sponsor partner from Japan matter can involve any of them. A sponsor should check the rules of the office that covers the state where they live, because booking arrangements and collection options differ.

The timing problem when you sponsor partner from Japan

A Japanese police certificate cannot normally be obtained within the 28 days that Department policy treats as reasonable. The sponsor should therefore apply immediately and send the Department evidence of the application, with a request for more time.

This is where a sponsor partner from Japan application most often goes wrong. A sponsor receives the request, books an appointment, waits for the certificate, and says nothing to the Department in the meantime. By the time the certificate arrives, the 28 days have long passed. Department policy says that where the sponsor provides evidence that the checks have been requested, delegates should be flexible in granting an extension. The sponsor should send:

• Confirmation of the consular appointment or the receipt for the lodged application.
• The processing time published by the consular office.
• A short explanation and a request for an extension to a realistic date.
• The certificate itself as soon as it arrives, without opening the sealed envelope if the consulate's instructions say it must stay sealed.

Some sponsors choose to obtain the Japanese certificate before any request is made, so that it is ready when the Department asks. That can be sensible, but a certificate has a limited life for Department purposes, so the timing should be planned. The guides on partner visa expired police checks and on a section 56 extension explain timing and extensions, and the answer on an extension for a section 56 request gives a short summary.

Which visa should I use to sponsor partner from Japan?

The pathway depends on where the Japanese partner is on the day of lodgement. A partner in Australia who can make a valid onshore application uses the Subclass 820 and Subclass 801 pathway. A partner outside Australia uses the Subclass 309 and Subclass 100 pathway. An engaged couple can use the Subclass 300 Prospective Marriage visa.

Japanese partners in a sponsor partner from Japan matter often come to Australia on a Working Holiday visa, a student visa or as a visitor. A partner who holds a substantive visa without condition 8503 can usually lodge the Subclass 820 partner visa in Australia and receive a Bridging visa A. The guides on a partner visa while on a working holiday visa, on a partner visa while on a student visa and on a partner visa while on a tourist visa explain each starting point. The partner should check the visa grant notice for condition 8503 (No Further Stay) before lodging. The guide on the partner visa No Further Stay condition explains why.

A Japanese partner who lives in Japan uses the Subclass 309 partner visa, lodged outside Australia. An engaged couple who have met in person can use the Subclass 300 Prospective Marriage visa, and the Japanese partner then applies for the Subclass 820 after the wedding in Australia. The comparison of onshore and offshore partner visas and the answer on Subclass 820 versus Subclass 309 explain the choice.

Couples who are not married must usually show 12 months of de facto relationship before lodging, unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances apply. The guide on the de facto partner visa and the answer on registering a de facto relationship for a partner visa explain the rule. Each pathway has two stages, and the permanent stage is usually assessed about two years after lodgement. The two-stage partner visa process guide explains this.

What Japanese documents does a sponsor partner from Japan application need?

A sponsor partner from Japan application usually needs the Japanese partner's passport, a certificate from the family register (koseki), any record of a previous marriage and divorce, the Japanese Police Certificate, and accurate English translations of every document that is not in English.

The family register is the core civil document in a sponsor partner from Japan application. Japan records births, marriages, divorces and deaths in the family register, known as the koseki. Life events must be reported to the authorities so that the register is updated. For a Japanese national, a certificate from the family register is therefore a key document. It can show the partner's birth details, parents, marriages and divorces in a single record. In a sponsor partner from Japan application, that makes it useful as identity evidence, as proof of a marriage registered in Japan, and as evidence that an earlier marriage has ended.

Japanese documentWhat it usually shows in a sponsor partner from Japan applicationPassportIdentity and travel historyFamily register certificate (koseki)Birth, parents, marriage and any divorce of the Japanese partnerJapanese Police CertificateCriminal record check based on fingerprintsMarriage notification acceptance record from the city officeThat the marriage was notified and accepted in JapanResidence record from the Japanese partner's municipalityAddress history, useful as household evidence

The firm's partner visa document checklist gives the general list, and the guide on partner visa sponsor documents lists what the sponsor provides. The answer on different names and dates on documents explains how to deal with differences in romanised spelling of Japanese names, which are common between a passport, a family register translation and Australian records.

Translations of Japanese documents

Every document that is not in English must be provided with an accurate English translation. For translations done in Australia, a translator certified by NAATI is the safest choice.

A sponsor partner from Japan application can involve many translations: the family register certificate, marriage and divorce records, Form 888 statements from Japanese family members, and selected messages. The Japanese Police Certificate itself is issued in several languages, including English, according to the Consulate-General of Japan in Sydney. The guide on partner visa evidence translation explains the standard, and the answer on translating a marriage certificate for a marriage visa deals with the most common document.

How do you marry in Japan before you sponsor partner from Japan?

An Australian who wants to marry in Japan must obtain a Certificate of No Impediment to Marriage from the Australian Government, and the marriage is then notified to the Japanese city office. The Australian Embassy in Tokyo does not register marriages.

The Australian Embassy in Tokyo states that Japanese authorities require a Certificate of No Impediment to Marriage before a foreign national can marry in Japan, and that local requirements should be checked with the city office. Once the marriage is accepted, it is recorded in the Japanese partner's family register, which is why the register is so useful when couples sponsor partner from Japan after marrying there. A sponsor partner from Japan application should include the record of the marriage and its English translation.

The Embassy also states that a foreign marriage certificate is prima facie evidence in Australia that the marriage took place and is valid. A marriage validly made in Japan is generally recognised in Australia unless it is void under Australian law, for example because one party was already married or under age. The guides on overseas marriages recognised in Australia and on an overseas marriage that is not recognised explain the tests, and the answer on whether an overseas marriage is recognised for a partner visa gives a short answer.

Many couples who sponsor partner from Japan register the marriage at the city office and hold a ceremony or celebration on a different date. That is normal. The relationship statement should explain both dates so that the case officer is not confused. The guide on the partner visa marriage certificate and the answer on whether a marriage certificate is enough for a spouse visa explain why the marriage record alone does not prove a genuine relationship.

Couples who prefer to marry in Australia before they sponsor partner from Japan can do so if the Japanese partner is lawfully here. A Notice of Intended Marriage must be given at least one month before the wedding. The answers on the Notice of Intended Marriage and on a marriage in Australia on a visitor visa explain the process.

Previous marriages and divorce in Japan

If the Japanese partner was previously married, the sponsor partner from Japan application must show that the earlier marriage has ended. For a Japanese national, the family register usually records the divorce.

The Australian Embassy in Tokyo refers questions about Japanese divorce to the city office or the Family Court of Japan, and questions about whether a Japanese divorce is recognised in Australia to the Australian family courts. In most sponsor partner from Japan matters, the family register certificate showing the divorce, with a translation, is the key document. Where the sponsor was previously married in Japan, the sponsor should check that the divorce is effective before remarrying. The guides on a partner visa while still married and on a partner visa after divorce explain the issues, and the guide on partner visa previous relationships explains what must be disclosed.

Where a child of an earlier relationship is included in the application, the consent of the other parent or a court order dealing with custody is usually needed. The guides on adding children to a partner visa and on partner visa child custody and consent explain the rules, and the answer on the other parent refusing consent explains the options. Regulation 1.20KB applies to the sponsorship where a child is included.

What police certificates does the Japanese partner need?

The Japanese partner needs a police certificate from each country where they have lived for 12 months or more in total in the last 10 years since turning 16. That usually includes the Japanese Police Certificate and, for a partner who has lived in Australia for 12 months or more, an Australian National Police Check.

In a sponsor partner from Japan application, a Japanese partner who is in Australia applies for the Japanese certificate through a Japanese diplomatic office in the same way as the sponsor, with fingerprints taken in person. A Japanese partner living in Japan applies through the Japanese police. Either way, the certificate takes time, so it should be requested well before it is needed. The guide on the partner visa AFP police check covers the Australian check, and the guide on partner visa character requirements explains the wider character test. Where a certificate cannot be obtained, the answer on being unable to get a police certificate explains the options.

The Department also asks for health examinations, usually after lodgement. The guide on partner visa health requirements explains the process. A sponsor partner from Japan file with police certificates and health checks completed close to the decision avoids repeated requests. The answer on how long police certificates and health checks remain valid explains the timing.

Can I sponsor partner from Japan if we are a same-sex couple?

Yes. A same-sex couple can sponsor partner from Japan on the same basis as any other couple. Australian partner visas are available to same-sex spouses and same-sex de facto partners, and the same criteria apply.

The practical difference lies in the documents. Japan does not currently provide for same-sex marriage under its own law, although some Japanese municipalities issue partnership certificates. A partnership certificate of that kind is not a marriage. It is, however, useful evidence of the relationship and of the couple's public commitment. Same-sex couples who want to sponsor partner from Japan usually apply as de facto partners, register their relationship in an Australian state or territory, or rely on a marriage validly made in a country that permits it. The firm's LGBTI partner visa page explains how these applications are handled, and the answers on a same-sex de facto visa and on a same-sex marriage spouse visa explain the two routes.

Some couples have not told every family member about the relationship. That is a sensitive and personal matter. The Department assesses the social aspect of the relationship as a whole, and a couple can explain honestly who knows and why. The answer on a private same-sex relationship and a partner visa explains how this can be approached in a sponsor partner from Japan application.

What relationship evidence works when you sponsor partner from Japan?

The Department assesses the relationship against the four aspects in regulation 1.15A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A sponsor partner from Japan application needs evidence in each aspect that reflects how the couple actually live.

The guide to the partner visa four pillars explains each aspect. The practical issues that come up in a sponsor partner from Japan matter are these:

• Household. Couples who lived together in Japan should show the shared address. A Japanese residence record, a lease, utility accounts and mail at the same address are useful. The guide on partner visa household evidence explains the standard.
• Finances. Couples manage money in many ways. Some keep separate accounts and share costs in other ways. That is not fatal if the arrangement is explained and the evidence shows shared responsibility. The guide on partner visa separate finances and the answer on separate finances for cultural reasons explain how this is assessed.
• Social. Family and friends in Japan and Australia can give Form 888 statements, translated where necessary. The guide on Form 888 for partner visas and the answer on Form 888 statements from overseas friends explain who can give one.
• Commitment. Plans to live in Australia, time spent together, and support during periods apart all count. The guide on partner visa commitment evidence explains this aspect.

Many couples who sponsor partner from Japan communicate in a mix of English and Japanese. Messages in Japanese can be strong evidence, but a case officer cannot weigh what they cannot read. A selection of messages, translated accurately and presented in date order, is more useful than a large volume of untranslated screenshots. The answers on translating messages for a partner visa and on couples who speak different languages explain how to present this. The guide on partner visa cultural differences explains how different family and cultural practices can be explained without weakening the case.

The couple prepare one relationship statement for the sponsor partner from Japan application, in their own words. It should explain how they met, how the relationship developed in Japan or Australia, periods apart and future plans. The guide on the partner visa relationship statement explains how it is structured.

Can a Japanese partner visit Australia while a Subclass 309 is processed?

Yes, it is possible. A Japanese partner with a pending Subclass 309 can apply for a visitor visa, but the visitor visa is a separate application, assessed on its own criteria, and grant is not guaranteed.

Japanese passport holders are generally eligible to apply for an Electronic Travel Authority (Subclass 601) to visit Australia. A visitor must intend a genuine temporary stay, and a pending partner visa is relevant to that assessment. A Subclass 309 applicant usually needs to be outside Australia when the visa is granted. The guide on a visitor visa during partner visa processing explains the issues, and the answers on visiting Australia while a Subclass 309 is processing and on being outside Australia when the Subclass 309 is granted explain the practical rules.

A Japanese partner who visits Australia and then wants to lodge onshore should take advice first, because a visit can complicate the sponsor partner from Japan plan. Changing pathways is rarely straightforward, and a visitor visa with condition 8503 can block an onshore application. The answer on changing from a Subclass 309 to a Subclass 820 explains the problem, and the guide on tourist visa to partner visa explains the general rules.

What does it cost to sponsor partner from Japan?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710. It covers both stages of the partner visa and is paid at lodgement.

Other costs depend on the case. They can include Japanese documents, translations, health examinations and police certificates. A sponsor partner from Japan budget should also allow for the time a Japanese police certificate takes, because a late certificate can delay the decision. The guide on partner visa cost explains the cost structure, and the answer on the partner visa cost gives a short summary.

What refusal risks apply when you sponsor partner from Japan?

The main risks are a sponsorship that cannot be approved because the sponsor did not respond to a police check request, an invalid onshore application, weak or inconsistent relationship evidence, and documents that do not show the end of a previous marriage.

The pattern in a sponsor partner from Japan matter is often procedural rather than substantive. A sponsor who lived in Japan receives a request, the Japanese certificate takes months, and the sponsor says nothing. Or a Japanese partner lodges onshore while condition 8503 applies, and the application is invalid. The guides on an invalid partner visa application, on why partner visas get refused and on partner visa conflicting statements explain these risks.

Before refusing, the Department usually issues a section 56 request or a section 57 letter. Where the sponsorship has not been approved, the section 57 letter may not say why. The guides on responding to a section 56 request and on the section 57 natural justice letter explain how to respond, and the answer on responding to a section 57 letter gives a short version.

If the visa is refused, an application to the Administrative Review Tribunal must be made within 28 days after the refusal is notified. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant applies in their own name. The Tribunal fee for a partner visa review is AUD 3,727. The firm's partner visa refusals page explains review work, and the guides on the partner visa appeal deadline and on partner visa ART evidence explain the steps. A sponsor's Japanese police certificate can be provided to the Tribunal if it arrives after the refusal. The answer on new evidence at Tribunal review explains how.

A sponsor checklist before you sponsor partner from Japan

The sponsor's preparation decides how smoothly a sponsor partner from Japan application runs. A short checklist, completed before lodgement, prevents most of the delays described in this guide.

• Count your time in Japan. Add up every period the sponsor lived in Japan since turning 16, within the relevant period. If it reaches 12 months, plan for a Japanese police certificate.
• Check the sponsorship limitations. Confirm any previous partner sponsorship and the date of any partner visa grant to the sponsor.
• Confirm the Japanese partner's visa. Check the visa grant notice for condition 8503 and the date the visa ends.
• Order the family register certificate and translations. Make sure the register shows the current marriage and any earlier divorce.
• Book police certificate appointments early. Japanese certificates for both partners take months, so timing them is part of the strategy.
• Organise the relationship evidence in both languages. Translate selected messages and Form 888 statements from Japanese family members.
• Keep your contact details current. The sponsor must be able to receive the Department's request and respond quickly.

A partner visa application review before lodgement can test each step, and the guide on common partner visa application mistakes lists the errors to avoid. A sponsor who follows this checklist is better placed to sponsor partner from Japan without a preventable request from the Department. Sponsors who are already part-way through an application can read the guide on partner visa sponsor obligations for what continues after lodgement.

How My Migration Lawyers helps you sponsor partner from Japan

My Migration Lawyers acts for Australian sponsors and their Japanese partners from the first assessment of the sponsor to Tribunal review. The firm deals with complex partner visa cases, acts in many matters where Australians sponsor partner from Japan, and is capable of handling the issues these matters raise.

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

• Assessing the sponsor first, including regulation 1.20J and the sponsor's own time in Japan, and planning for a Japanese police certificate request under regulation 1.20KC before it arrives.
• Preparing the sponsor's response to a police check request, including evidence of the consular application and a reasoned extension request.
• Advising on the pathway for a Japanese partner on a Working Holiday, student or visitor visa, including condition 8503.
• Reviewing the family register certificate, marriage and divorce records, the Japanese Police Certificate and translations, and identifying name and date differences.
• Organising relationship evidence across two countries and two languages, and reviewing the couple's relationship statement, which remains their own account.
• Responding to section 56 and section 57 letters and preparing Administrative Review Tribunal reviews.

The firm works with clients across Australia and overseas, and consultations are by video. Clients in Victoria can see the Melbourne partner visa lawyers page, and clients in New South Wales can see the Sydney partner visa lawyers page. The guide to complex partner visa lawyer work explains how complex matters are approached, and these matters are supervised by Weiwei Zhang, Principal Lawyer. The firm's partner visa FAQ centre answers common questions.

If you want to sponsor partner from Japan, or the Department has asked you for a Japanese police certificate, Book a Consultation with My Migration Lawyers, or call 1300 040 300.