Sponsoring a Partner From Lithuania

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

Key Takeaways

  • An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor partner from Lithuania for a Subclass 820, Subclass 309 or Subclass 300 visa, provided the relationship is genuine and continuing and the sponsorship is approved at the time of decision.
  • Many couples in a plan to sponsor partner from Lithuania have lived together in Lithuania or elsewhere in Europe, and that period of cohabitation abroad counts towards the 12-month de facto requirement if it is properly evidenced.
  • Lithuanian declared residence records, leases, utility accounts and residence documents from other European countries can together prove a shared household, but the evidence must be consistent with the dates in both partners' statements.
  • The Lithuanian partner usually needs a criminal record certificate from the Lithuanian register administered by the Information Technology and Communications Department under the Ministry of the Interior, plus certificates from every other country where they lived for 12 months or more in the last 10 years.
  • Every document not in English needs an English translation, and a translation made in Australia must show the translator's NAATI practitioner number.

An Australian who wants to sponsor partner from Lithuania must first be an eligible sponsor and must then prove, with evidence, that the relationship is genuine and continuing. Anyone planning to sponsor partner from Lithuania will find that the law is the same as for any other country, but the evidence often looks different, because many of these couples met and lived together in Europe before deciding to move to Australia.

This guide is written for the Australian sponsor. It explains which partner visa fits, who can be the sponsor, how to prove 12 months of de facto cohabitation abroad with Lithuanian and other European records, how the Lithuanian criminal record certificate is obtained, what the Department of Home Affairs looks for, and what happens if the application is refused. The firm's partner visa lawyers act for sponsors and applicants in every stage of this process, and the complete guide to partner visas in Australia sets out each subclass in more detail.

The central point is this. The Department does not ask where the couple lived. It asks whether the couple has a mutual commitment to a shared life to the exclusion of all others, whether the relationship is genuine and continuing, and whether they live together or do not live separately and apart on a permanent basis. A couple who shared a flat in Vilnius, Kaunas, Berlin or Dublin can satisfy those tests as well as a couple who lived in Sydney. What matters is that the evidence of that shared life is collected, translated and explained in a way the decision maker can follow. That is why the evidence plan for anyone who wants to sponsor partner from Lithuania should start with the couple's real history, not with a generic checklist.

Can an Australian sponsor partner from Lithuania?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is 18 or over can sponsor partner from Lithuania, whether the partner is a spouse or a de facto partner, and whether the couple is of the same or opposite sex.

Lithuanian citizenship gives the partner no special pathway and no disadvantage. The sponsor partner from Lithuania process has no country quota and no Lithuania-specific form. The applicant must meet the same criteria as any other partner visa applicant, including the health, character and integrity public interest criteria. The sponsor must meet the sponsorship rules in the Migration Regulations 1994, including the sponsorship limitation in regulation 1.20KB and the sponsor character provisions in regulation 1.20KC. The firm's guide to partner visa sponsor eligibility explains each of those rules, and the partner visa sponsor requirements page sets out the documents a sponsor usually provides.

A sponsor who wants to sponsor partner from Lithuania should understand one procedural point from the start. The applicant lodges the visa application online first. The sponsor then lodges the sponsorship online, using the Transaction Reference Number of the visa application. Sponsorship approval is a time of decision criterion, so it is decided inside the visa decision itself. The sponsor does not receive a separate approval letter. The guide to partner visa sponsorship lodgement explains the online steps, and the answer on Form 40SP for a partner visa explains the sponsorship form.

Which partner visa fits a plan to sponsor partner from Lithuania?

The right visa depends on where the Lithuanian partner will be when the application is lodged and whether the couple is married, in a de facto relationship or engaged. There are three main pathways, and each can be used to sponsor partner from Lithuania.

  • Subclass 820 and Subclass 801. The Subclass 820 partner visa is lodged while the applicant is in Australia. It is the temporary stage, and the permanent Subclass 801 is assessed later.
  • Subclass 309 and Subclass 100. The Subclass 309 partner visa is lodged while the applicant is outside Australia, for example in Lithuania. The permanent Subclass 100 is assessed later.
  • Subclass 300. The Subclass 300 Prospective Marriage visa suits a couple who are engaged, have met in person, and intend to marry within the visa period.

For a couple who have lived together in Europe, the choice is usually between the onshore and offshore routes. The comparison of onshore and offshore partner visas sets out the practical differences, and the answer on Subclass 820 versus Subclass 309 explains how the choice affects work rights, travel and waiting time.

Applying onshore after arriving as a visitor

Many European passport holders visit Australia on an eVisitor (Subclass 651). A Lithuanian partner who arrives as a visitor and then lodges a Subclass 820 application must check the conditions on the visitor visa before doing so. Some visitor visas carry condition 8503 (No Further Stay), which prevents a further visa application in Australia unless the condition is waived. The firm's guide on lodging a partner visa while on a tourist visa and the answer on condition 8503 and partner visas explain the risk. A couple who plan to sponsor partner from Lithuania onshore should confirm the visitor visa conditions in writing before booking flights.

Timing also matters. A partner who lodges while still holding a substantive visa avoids the additional Schedule 3 criteria that apply to applicants without a substantive visa. The guide on lodging a partner visa before the current visa expires explains why the date of lodgement is so important.

Applying offshore from Lithuania or another European country

A Subclass 309 application can be lodged while the partner is in Lithuania or in another country outside Australia. This is often the cleaner route where the couple are still living in Europe and the sponsor intends to return to Australia first. The rules about where the applicant must be at the time of grant changed in November 2023, so couples should take advice on current travel options rather than relying on older guidance. The answer on whether the applicant must be outside Australia when a Subclass 309 visa is granted explains the current position, and the guide to offshore partner visa lodgement covers the process. For many couples, the offshore route is the simplest way to sponsor partner from Lithuania while both partners are still working in Europe.

Who can be the sponsor?

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must be 18 or over. That is the starting point for anyone who wants to sponsor partner from Lithuania.

Each type of sponsor has particular issues:

Sponsorship is approved at the time of decision, so a sponsor who wants to sponsor partner from Lithuania should keep proof of citizenship or residence status current throughout processing.

A sponsor who has lived in Lithuania or elsewhere in Europe with the partner should also read the firm's guide for a partner visa sponsor living overseas and the guide for a partner visa sponsor returning to Australia. Those guides explain how a sponsor's own time abroad is assessed and why a sponsor's plans to resettle in Australia should be documented.

Sponsors with Lithuanian heritage

Many Australians who sponsor partner from Lithuania have Lithuanian family roots, and some hold Lithuanian citizenship as well as Australian citizenship. Holding a second citizenship does not prevent an Australian citizen from being a sponsor.

Dual citizenship can shape the evidence in useful ways. A sponsor who holds a Lithuanian or other European Union passport may have lived and worked in Lithuania lawfully with the partner, which often produces strong household and financial records. The firm's guide for a partner visa sponsor who is a dual citizen explains how to present the sponsor's identity and travel history consistently, and the guide for an Australian citizen by descent who is a partner visa sponsor covers sponsors whose own Australian citizenship came through a parent.

Dual citizenship can also create problems. A sponsor who has used two passports must make sure the travel history in the sponsorship matches both passports. An inconsistency is not fatal, but it must be explained. This is one of the most common identity issues when Australians with Lithuanian heritage sponsor partner from Lithuania. The partner visa sponsor documents guide lists what a sponsor should prepare, and the guide on different names and dates in documents explains how to deal with variations, including Lithuanian surname forms that change after marriage.

Family involvement is common in these relationships. Parents, grandparents and cousins in Lithuania and Australia often know the couple well. In a plan to sponsor partner from Lithuania, statements from relatives on both sides can be persuasive when they describe specific events. Their knowledge can be put before the Department in Form 888 statements from Australian citizens or permanent residents and in written statements from people overseas. The guide to Form 888 witness statements explains who can sign, and the answer on statements from overseas friends explains how statements from Lithuanian relatives can be used.

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How do you prove 12 months of de facto cohabitation in Europe?

A de facto couple must usually show that they were in a de facto relationship for at least 12 months immediately before the application, and that period can be spent living together in Lithuania or any other country. The requirement appears in regulation 2.03A(3) of the Migration Regulations 1994. It does not apply where the relationship is registered under an Australian State or Territory law, or where compelling and compassionate circumstances exist.

For couples who sponsor partner from Lithuania, the 12 months is often spent abroad. The Department will accept cohabitation anywhere in the world, but it must be proved. The answer on living together overseas for 12 months explains the basic rule, and the guide to the Subclass 820 de facto 12-month requirement explains how the period is counted.

Proof of cohabitation abroad usually comes from four kinds of record:

  • Address records. Official records showing that both partners were registered at, or declared, the same address.
  • Tenancy and property records. A lease in both names, or a lease in one name with evidence that the other partner lived there and contributed.
  • Accounts and bills. Utility, internet and insurance accounts, and bank statements showing the same address and shared expenses.
  • Correspondence. Letters from employers, banks, tax offices and government agencies addressed to each partner at the shared home.

No single record is decisive. The Department looks at the evidence as a whole. A couple who sponsor partner from Lithuania with records from all four categories usually present a stronger case than a couple who rely on one lease. The firm's guide to household evidence for a partner visa explains the household aspect, and the guide to de facto partner visas in Australia explains the legal definition.

Lithuanian declared residence records

Lithuania requires permanent residents to declare their place of residence, and a person who leaves Lithuania for more than six months is required to declare the departure. For a couple who sponsor partner from Lithuania, those declarations can be useful evidence, because they show where each partner was officially living and when.

Two practical points follow. First, if both partners declared the same address in Lithuania, a record of each declaration supports cohabitation. Second, if the Lithuanian partner declared departure from Lithuania when the couple moved to another European country, that declaration supports the dates in the relationship statements. If a declaration was never updated, the couple should say so rather than leave an unexplained inconsistency. The answer on what counts as living together for a partner visa explains the wider test. Used carefully, these records are some of the most persuasive evidence available to a sponsor who wants to sponsor partner from Lithuania.

Records from other European countries

Couples who sponsor partner from Lithuania have often lived in Ireland, the United Kingdom, Germany, Norway or another European country for work. Each country keeps different records. Some keep municipal address registers. Others rely on tenancy agreements, tax records or residence documents. The aim is the same in every country: to show that the couple shared one household for a defined period.

Where the couple lived in several countries, a short table in the relationship statement that lists each address, the dates, and the documents held for each address can make the evidence much easier to follow. The guide on organising partner visa evidence and the guide to a partner visa relationship timeline show how to present this clearly.

Periods apart for work or study

A period living apart does not automatically break a de facto relationship. A couple may live in different cities or countries for work while remaining committed to each other. The law asks whether they live separately and apart on a permanent basis. Temporary separations should be explained with dates, reasons and evidence of continued contact and visits. The answer on time apart during the 12-month de facto period and the guide to temporary separation during a partner visa explain how the Department approaches this. Couples who sponsor partner from Lithuania after years of moving between countries for work should map every period apart before lodging.

Can a European registered partnership help?

A registered partnership or similar status in another country can be strong evidence of commitment, but the exemption from the 12-month de facto requirement applies to relationships registered under an Australian State or Territory law. Couples who sponsor partner from Lithuania should not assume that a foreign registration removes the 12-month requirement.

If the couple are in Australia, or can be, registering the relationship in an Australian State or Territory may be possible. The answer on registering a de facto relationship for a partner visa explains the effect, and the answer on an overseas registered relationship explains how a foreign registration is treated. Each State and Territory has its own rules, as explained in the answers for New South Wales and Victoria.

Married couples and Lithuanian marriage certificates

A couple who married in Lithuania usually rely on the marriage certificate issued by the Lithuanian civil registration authorities. A marriage validly celebrated overseas is generally recognised in Australia if it was valid where it took place and would not be void under Australian law.

Couples who sponsor partner from Lithuania as spouses should still provide evidence of the relationship itself. A marriage certificate proves the marriage. It does not prove that the relationship is genuine and continuing. The guide to whether an overseas marriage is recognised in Australia explains the recognition rules, the answer on whether a marriage certificate is enough for a spouse visa explains why more is needed, and the guide to the partner visa marriage certificate explains the document requirements. Couples who sponsor partner from Lithuania after a religious ceremony should make sure they hold the civil marriage certificate, not only a church document.

What evidence shows a genuine relationship?

The Department assesses four aspects of the relationship: the financial aspects, the nature of the household, the social aspects, and the nature of the couple's commitment to each other. This is the same for every applicant, and it is the core of any plan to sponsor partner from Lithuania.

For couples who lived together in Europe, each aspect has typical evidence:

  • Financial aspects. Joint bank accounts, shared rent, transfers between the partners, joint purchases and shared travel costs. The guide to partner visa financial evidence explains what helps.
  • Nature of the household. Shared leases, address records, division of household tasks and care of children or pets. The answer on household evidence explains this aspect.
  • Social aspects. Joint travel, invitations, photographs with friends and family in Lithuania and Australia, and statements from people who know the couple. The guide to partner visa social evidence explains the options.
  • Commitment. Length of the relationship, plans to live in Australia, wills, insurance nominations and contact during periods apart. The guide to partner visa commitment evidence explains this aspect.

The firm's guide to the four pillars of a partner visa explains how the aspects fit together, and the guide on how much evidence a partner visa needs explains why quality and consistency matter more than volume. The evidence for each aspect should tell the same story, which is the single most important point in any application to sponsor partner from Lithuania.

What documents does the Lithuanian partner need?

The Lithuanian partner usually needs a current passport, a birth certificate, evidence of any change of name, evidence that any previous marriage or relationship has ended, police certificates, and the relationship evidence described above.

The passport must meet the public interest criterion about travel documents, PIC 4021. The birth certificate and any marriage, divorce or name change documents establish identity and marital history. The integrity criterion, PIC 4020, means that every document and every answer must be accurate. An error in a date or a name that is not explained can raise questions about the whole application. The guide to PIC 4020 and partner visas explains the risk, and the partner visa document checklist lists the usual documents. Before lodging, the sponsor partner from Lithuania document set should be compared line by line with the applicant's answers in the online form.

Translations of Lithuanian documents

Every document that is not in English must be translated into English. The Department of Home Affairs states that a translation made in Australia must include the translator's National Accreditation Authority for Translators and Interpreters (NAATI) practitioner number. A translation made outside Australia must include the translator's full name, address, phone number and qualifications.

For a sponsor who wants to sponsor partner from Lithuania, this means birth, marriage and divorce certificates in Lithuanian need certified translations, and so do key letters, leases and records in German, Norwegian or any other language. Chat messages in Lithuanian that are used as evidence should be translated in part, with the most relevant extracts selected. The guide to partner visa evidence translation, the answer on translating messages for a partner visa and the answer on certified copies for a partner visa explain the requirements.

How is the Lithuanian police certificate obtained?

The Lithuanian criminal record certificate comes from the Register of Suspects, Accused and Convicts, which is administered by the Information Technology and Communications Department under the Ministry of the Interior of Lithuania. Lithuanian diplomatic missions may also issue a certificate about criminal records to Lithuanian citizens.

Department practice is to require police certificates from each country where the applicant has lived for 12 months or more in the last 10 years since turning 16. For many couples who sponsor partner from Lithuania, that means certificates from Lithuania and from each other European country where the partner lived and worked for a year or more. The firm's guide to partner visa overseas police certificates explains the general rules, and the answer on what to do if a police certificate cannot be obtained explains the options when a certificate is delayed.

Police certificates have a limited period of usefulness. A certificate obtained too early may expire before the decision is made. The guide to expired partner visa police checks and the answer on police certificate and health check validity explain when to request them. A sponsor partner from Lithuania application that includes every required certificate at lodgement is less likely to be delayed.

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What checks apply to the sponsor?

The sponsor may be asked for Australian and foreign police checks under regulation 1.20KC(5), and the Department may refuse to approve the sponsorship if those checks are not provided or if the sponsor has a conviction for a relevant offence. A sponsor who has lived in Lithuania or elsewhere in Europe for 12 months or more may need a police check from that country too.

The sponsor's checks are separate from the applicant's. They are usually requested from the sponsor directly, often after lodgement. The firm's guide to the partner visa sponsor police check explains the process, and the guide on a partner visa sponsor police check that is not provided explains what happens when a request is missed. A sponsor who wants to sponsor partner from Lithuania while still living in Europe should make sure the email address in the sponsorship is checked regularly.

The sponsor also gives an undertaking to provide accommodation and financial assistance, as reasonably necessary, for the first two years the applicant is in Australia. The guide to the partner visa sponsor undertaking and the guide to partner visa sponsor obligations explain what that means in practice. These obligations are the same whether you sponsor partner from Lithuania or from any other country.

Does the sponsorship limitation apply?

Yes, if the sponsor has sponsored a partner before or was themselves granted a partner visa. Regulation 1.20KB generally limits a sponsor to two partner sponsorships in total, and prevents a new sponsorship within five years of a previous partner sponsorship or of the sponsor's own partner visa grant, unless there are compelling circumstances.

This rule surprises some sponsors with Lithuanian heritage who were themselves sponsored to Australia by a previous partner. The commercial page on partner visa sponsorship limitations explains the rule, and the guide on when a sponsor cannot sponsor a partner visa explains the compelling circumstances test. A couple who plan to sponsor partner from Lithuania should check this before paying the visa application charge.

Health examinations for the Lithuanian partner

The applicant must meet the health public interest criteria, usually by completing medical examinations arranged through the Department's processes after lodgement. Dependent children included in the application may also need examinations.

Most applicants meet the health criteria without difficulty. Where a condition may be significant, a health waiver may be available for some partner visa applicants. The guide to partner visa health requirements and the guide to the partner visa medical examination explain the process. Health examinations rarely delay an application to sponsor partner from Lithuania when they are completed promptly after the request.

How much does it cost and how long does it take?

The partner visa application charge is from AUD 11,710 as at October 2026, and the Department's published processing times as at October 2026 are 21 months for 50% and 32 months for 90% of Subclass 309 applications, and 22 months for 50% and 30 months for 90% of Subclass 820 applications.

Those figures change, and individual cases vary. Prospective Marriage visas were taking 14 months for 50% and 26 months for 90% of applications as at October 2026. The firm's guide to partner visa cost explains the charges, and the guide to partner visa processing times explains why some applications take longer. The answer on who pays the partner visa fee explains that either partner may pay. Budgeting for translations and police certificates from several countries is part of the real cost to sponsor partner from Lithuania.

A decision-ready application is the best way to avoid delay. Couples who sponsor partner from Lithuania should upload translations, police certificates and the relationship evidence promptly rather than waiting for requests. The answer on a decision ready partner visa explains the idea.

What have Tribunal decisions said about cohabitation and records?

The Administrative Review Tribunal and its predecessor have remitted partner visa refusals where the evidence of a shared household and a genuine relationship was properly before them. Three decisions illustrate the issues relevant to couples who sponsor partner from Lithuania.

  • HOANG (Migration) [2020] AATA 2156, 23 January 2020, Subclass 309. The reported issues were a de facto partner, the financial, household and social aspects of the relationship, and the sponsor's extensive visits to the applicant. The decision under review was remitted.
  • 2306750 (Migration) [2026] ARTA 1754, 11 May 2026, Subclass 820. The reported issues were a de facto relationship at application, a valid marriage, the couple having resided together, and joint bank accounts. The decision under review was remitted.
  • Goh (Migration) [2022] AATA 4903, 30 November 2022, Subclass 820. The reported issue was a police certificate of good conduct issued by a foreign government being provided, in the context of PIC 4001. The decision under review was remitted.

Each case turns on its own facts. None of these decisions is cited as concerning a couple who sought to sponsor partner from Lithuania. These decisions show only that the issues they record can be addressed with evidence. The guide to partner visa ART evidence explains what the Tribunal considers.

What if the partner visa is refused?

A refused Subclass 820 or Subclass 309 applicant can usually apply to the Administrative Review Tribunal within 28 days after being notified of the refusal, or 7 days if in immigration detention, and that period cannot be extended. For a Subclass 300 refusal, the sponsor applies.

The Tribunal fee for a migration review is AUD 3,727 as at October 2026, with a 50% reduction available for financial hardship, and it must be paid within the review period. The commercial page on partner visa refusals explains how the firm helps, and the guide on the partner visa appeal deadline and the answer on who applies for review of an offshore refusal explain the timing and the right applicant. The guide to the partner visa ART review process explains each step. A sponsor who wants to sponsor partner from Lithuania again after a refusal should take advice before choosing between review and a new application.

Common mistakes when you sponsor partner from Lithuania

Most problems when couples sponsor partner from Lithuania are avoidable. The common mistakes are:

  • Counting the 12 months wrongly. Starting the de facto period from the date the couple met rather than the date they began living together or became committed.
  • Unexplained address records. A declared Lithuanian address that differs from the lease the couple relied on, with no explanation.
  • Missing police certificates. Overlooking a European country where the partner lived for 12 months or more.
  • Untranslated evidence. Uploading Lithuanian or German documents without English translations.
  • Inconsistent name forms. Using different forms of a Lithuanian surname across documents without explaining the change.
  • Visitor visa conditions. Arriving on a visitor visa and lodging onshore without checking for condition 8503.

The firm's guide to partner visa application mistakes and the guide to why partner visas get refused explain these risks in more detail. A pre-lodgement partner visa application review can identify problems before they reach a case officer.

How My Migration Lawyers helps you sponsor partner from Lithuania

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters where the couple have lived in Lithuania or elsewhere in Europe, including matters with cohabitation across several countries, records in more than one language, sponsors with dual citizenship and earlier refusals. The firm deals with complex partner visa cases, acts in many partner and sponsor matters of this type, and is capable of handling an application to sponsor partner from Lithuania from first advice to decision and, where needed, Tribunal review.

Each plan to sponsor partner from Lithuania is reviewed against the couple's own documents before anything is lodged. The firm's work typically includes:

  • Advising whether Subclass 820, Subclass 309 or Subclass 300 suits the couple, including any visitor visa condition risk.
  • Calculating the 12-month de facto period from the couple's own account and records, and identifying gaps that need explanation.
  • Reviewing Lithuanian declared residence records, leases and European address documents for consistency with the relationship statements.
  • Identifying each country that requires a police certificate for the applicant, and any foreign check the sponsor may be asked for.
  • Advising on translations, name forms and identity documents so that every form is consistent under PIC 4020.
  • Preparing the sponsorship and the application, and presenting the couple's own evidence in the form the law requires.
  • Responding to requests for information and section 57 letters, and acting on review if the application is refused.

The firm's partner visa lawyers work with clients across Australia and overseas by video, so a sponsor still living in Vilnius or elsewhere in Europe can obtain advice before the move. The guide to complex partner visa lawyer work explains how complex matters are handled, and the guide for an offshore partner visa lawyer explains the offshore pathway. Partner matters are supervised by Weiwei Zhang, Principal Lawyer.

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

Frequently Asked Questions

Can I sponsor my partner from Lithuania for an Australian partner visa?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor a Lithuanian spouse or de facto partner for a partner visa. The couple must show a genuine and continuing relationship, a mutual commitment to a shared life to the exclusion of all others, and that they live together or do not live separately and apart on a permanent basis. The sponsor must also meet the sponsorship limitation and sponsor character rules, and the sponsorship is approved as part of the visa decision.

Does living together in Lithuania count towards the 12-month de facto requirement?

Yes. Time spent living together in Lithuania, or in any other country, counts towards the 12-month de facto requirement in regulation 2.03A(3), provided the couple were in a de facto relationship during that time. The Department does not require the cohabitation to have occurred in Australia. The couple must prove it with evidence such as leases, declared residence records, bills, bank statements and letters addressed to both partners at the shared home, and the dates must match the relationship statements.

Which visa should I use to sponsor partner from Lithuania if we both live in Europe?

A couple living in Europe often use the Subclass 309 visa, which is lodged while the applicant is outside Australia. The Lithuanian partner can apply from Lithuania or another country, and the Australian sponsor can return to Australia first. Some couples instead travel to Australia together and lodge a Subclass 820 application onshore, but that depends on the visitor visa conditions and the couple's timing. The right choice turns on work plans, travel needs and whether a visitor visa carries condition 8503.

Can my Lithuanian partner apply for a partner visa in Australia after arriving as a visitor?

Often yes, but the visitor visa conditions must be checked first. A Subclass 820 application can be lodged in Australia, but some visitor visas carry condition 8503 (No Further Stay), which prevents a further visa application in Australia unless the condition is waived. The partner should also lodge while the visitor visa is still in effect, so that the additional Schedule 3 criteria for applicants without a substantive visa do not apply. Advice before travel is the safest course.

What Lithuanian records prove that we lived together?

Useful records include declarations of place of residence showing both partners at the same address, a lease in both names, utility and internet accounts, bank statements showing the shared address, and letters from employers or government agencies. Lithuania requires permanent residents to declare their place of residence and to declare departure when leaving for more than six months, so those declarations can also confirm when the couple moved. Records that conflict with each other should be explained in the relationship statements.

We lived in several European countries. How do we show cohabitation?

The couple should gather address evidence for each country and present it in date order. Leases, municipal registration records where the country keeps them, tax letters, bank statements and employer letters can all help. A short table in the relationship statement listing each address, the dates and the supporting documents makes the evidence easy to follow. Any period where the couple lived apart for work or study should be explained with dates and evidence of continued contact and visits.

Who issues a Lithuanian police certificate for a partner visa?

The Lithuanian criminal record certificate is issued from the Register of Suspects, Accused and Convicts, which is administered by the Information Technology and Communications Department under the Ministry of the Interior. Lithuanian diplomatic missions may also issue a criminal record certificate to Lithuanian citizens. The partner should check the current Department of Home Affairs requirements for Lithuania before applying, and should time the request so the certificate remains current when the case officer is ready to decide the application.

Does my Lithuanian partner need police certificates from other countries?

Yes, if the partner has lived in another country for 12 months or more in the last 10 years since turning 16. Department practice is to require a police certificate from each of those countries. Many Lithuanian partners have worked in Ireland, the United Kingdom, Germany or Scandinavia, so several certificates may be needed. Each certificate that is not in English must be translated. If a certificate cannot be obtained, the partner should keep evidence of the attempts made and explain the situation.

Do Lithuanian documents need to be translated into English?

Yes. Every document that is not in English must be accompanied by an English translation. The Department of Home Affairs states that a translation made in Australia must include the translator's NAATI practitioner number, and a translation made outside Australia must include the translator's full name, address, phone number and qualifications. Birth, marriage and divorce certificates, residence records and key letters should be translated in full, while long message histories can be translated in relevant extracts.

Is a Lithuanian marriage recognised for an Australian partner visa?

Generally yes. A marriage validly celebrated in Lithuania is generally recognised in Australia if it was valid under Lithuanian law and would not be void under Australian law, for example because one party was already married. The couple should provide the marriage certificate with an English translation. The certificate proves the marriage only. The couple must still prove that the relationship is genuine and continuing with evidence of their finances, household, social life and commitment.

Can I sponsor partner from Lithuania if I hold Lithuanian citizenship too?

Yes. An Australian citizen who also holds Lithuanian citizenship can be a partner visa sponsor. The second citizenship does not affect eligibility to sponsor. The sponsor should make sure the travel history and personal details given in the sponsorship are consistent with both passports, and should explain any periods spent living in Lithuania or elsewhere in Europe. A sponsor who used a European passport to live abroad with the partner may have useful household and financial records from that time.

Does a European registered partnership remove the 12-month rule?

No, not usually. The exemption from the 12-month de facto requirement applies to relationships registered under an Australian State or Territory law. A registered partnership or similar status from another country can still be strong evidence of commitment and of a shared household. Couples who cannot show 12 months of de facto cohabitation may consider registering the relationship in an Australian State or Territory if they qualify, or may need to wait until the period is complete.

Can the sponsor still live in Lithuania when the partner visa is lodged?

Often yes, particularly for a Subclass 309 application lodged while the partner is outside Australia. The sponsor's residence and plans are still relevant, and permanent resident and eligible New Zealand citizen sponsors face additional questions about their links to Australia. The sponsor should document plans to resettle in Australia, such as job applications, housing arrangements or a return date. The sponsor must also respond promptly to any request from the Department, including requests for police checks.

How long does it take to sponsor partner from Lithuania?

As at October 2026, the Department's published processing times were 21 months for 50% and 32 months for 90% of Subclass 309 applications, and 22 months for 50% and 30 months for 90% of Subclass 820 applications. Individual cases can be faster or slower. Applications that include translated documents, current police certificates and well organised relationship evidence at lodgement are less likely to be delayed by requests for further information.

What happens if the Department refuses my Lithuanian partner's visa?

A refused Subclass 820 or Subclass 309 applicant can usually apply to the Administrative Review Tribunal within 28 days after being notified of the refusal, or 7 days if in immigration detention. The period cannot be extended. For a Subclass 300 refusal, the sponsor applies. The Tribunal fee must be paid within the review period, and a reduction is available for financial hardship. The Tribunal can consider new evidence, including further proof of cohabitation in Europe.

What is the most common mistake when sponsoring a partner from Lithuania?

A common mistake is relying on cohabitation abroad without proving it properly. Couples often know they lived together in Lithuania or elsewhere in Europe, but the address records, leases and accounts they upload do not show both names or do not match the dates in their statements. Other common mistakes are missing a police certificate from a European country, uploading untranslated documents, and lodging onshore without checking for condition 8503 on a visitor visa.

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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.

Categories
partner-visas