Key Takeaways
- Yes, an Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor a partner from Palestine for an Australian partner visa, provided the relationship is genuine and the sponsorship limitation does not apply.
- The first practical question is which travel document the partner holds: a Palestinian Authority passport, a Jordanian passport, a refugee travel document issued by Lebanon, Syria or Egypt, or Israeli-issued residency documents. Public interest criterion 4021 requires a valid passport unless it would be unreasonable to require one.
- Identity is assessed through biometrics, documents and the applicant's life story. Where records from Gaza or the West Bank have been lost or cannot be obtained, the gap must be explained with whatever evidence remains.
- The General Delegation of Palestine to Australia states that the Palestinian Ministry of Interior issues police clearances and certificates of good conduct, and that processing can take one to two months after all documents are received.
- Smartraveller advises Australians not to travel to Gaza or the West Bank, and the Australian Representative Office in Ramallah has suspended operations, so couples need to plan where biometrics, medical examinations and visits can safely happen.
To sponsor partner from Palestine, the Australian partner must be an eligible sponsor and the couple must prove a genuine and continuing relationship. A plan to sponsor partner from Palestine also depends on identity, passport, health and character requirements that are often harder to satisfy than for applicants from other places. Every sponsor partner from Palestine case therefore starts with a careful look at the partner's travel document and civil records before anything is lodged.
This guide is written for the Australian sponsor. It explains who can sponsor, which partner visa fits, which travel documents Palestinians hold and how public interest criterion 4021 treats them, how identity and civil records from Gaza or the West Bank are assessed, how to obtain a Palestinian police clearance, what character and security checks involve, where biometrics and medical examinations may happen, and how the partner visa relates to protection and humanitarian options. The commercial page for partner visa lawyers explains how My Migration Lawyers acts in these matters, and the complete guide to partner visas sets out every subclass and stage.
The subject is treated here factually. Australia formally recognised the State of Palestine on 21 September 2025. That recognition does not change the partner visa criteria, which apply in the same way to every applicant. What it does not remove is the practical difficulty of obtaining documents, travelling and attending appointments from Gaza and the West Bank. Each sponsor partner from Palestine case must be planned around those realities.
Can an Australian sponsor partner from Palestine?
Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from Palestine for an Australian partner visa, provided the sponsor is at least 18, the relationship is genuine and continuing, and the sponsor is not blocked by the sponsorship limitation.
The partner can be a spouse, a de facto partner, or a fiancé or fiancée who intends to marry the sponsor. The partner may live in Gaza, in the West Bank, in East Jerusalem, in Jordan, Lebanon, Egypt or another country, or may already be in Australia. The answer on who can sponsor a partner visa sets out the basic test, and the guide to partner visa requirements explains every criterion.
A sponsor partner from Palestine application is assessed under the same Migration Regulations 1994 as any other partner visa. There is no separate stream for Palestinian partners. The difference lies in the evidence, the documents and the logistics.
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 at least 18 years old. The sponsor's status is checked at the time of decision, not only at lodgement.
An Australian citizen proves status with an Australian passport or citizenship certificate, as the answer on proving the sponsor is an Australian citizen explains. A permanent resident must hold a permanent visa, and the article on the permanent resident partner visa sponsor covers the issues. Many sponsors of Palestinian partners arrived in Australia through the humanitarian program, and the answer on former refugees sponsoring a partner explains the particular issues that can arise in a sponsor partner from Palestine case, including what the sponsor declared about family members when the sponsor's own visa was granted.
The sponsorship limitation
Regulation 1.20KB generally prevents a sponsor from sponsoring more than two partners in total, and from sponsoring a partner within five years of a previous partner sponsorship or of the sponsor's own grant of a partner visa, unless there are compelling circumstances. The commercial page on partner visa sponsorship limitations explains the rule, and the article on when a sponsor cannot sponsor a partner visa works through the common scenarios. A sponsor partner from Palestine application should not be lodged until the limitation has been checked.
Sponsor police checks
Under regulation 1.20KC, the Department may ask the sponsor for Australian and foreign police checks, and may refuse to approve the sponsorship where the sponsor has a conviction for a relevant offence unless it is reasonable to approve it. The article on the partner visa sponsor police check explains the request, and the article on partner visa sponsor eligibility explains the wider sponsor criteria. These sponsor checks apply to every sponsor partner from Palestine application.
Which partner visa fits a plan to sponsor partner from Palestine?
Most couples who sponsor partner from Palestine use the offshore Subclass 309 and Subclass 100 visa, lodged while the partner is outside Australia. If the partner is already in Australia, the onshore Subclass 820 and Subclass 801 visa may be available. An engaged couple can use the Subclass 300 Prospective Marriage visa.
Subclass 309 and Subclass 100
The Subclass 309 is the temporary offshore partner visa and the Subclass 100 is the permanent stage. The applicant must be outside Australia when the application is lodged. The page on the Subclass 309 visa explains the service, and the guide to the offshore partner visa explains the steps. The rules about where the applicant must be at the time of grant changed in November 2023, so current advice should be obtained before relying on what others say about older cases.
Subclass 820 and Subclass 801
The Subclass 820 is the temporary onshore partner visa and the Subclass 801 is the permanent stage. The applicant must be in Australia when the application is lodged. The page on the Subclass 820 visa explains the service, and the guide to the onshore partner visa covers the process. A Palestinian partner in Australia on a visitor visa must check for condition 8503 before lodging, as explained below.
Subclass 300
The Subclass 300 allows a fiancé or fiancée outside Australia to travel to Australia, marry the sponsor within the visa period, and then apply for the Subclass 820. The page on the Subclass 300 visa explains the service. Some couples who cannot arrange a wedding safely in the region consider this route, and the answer on fiancé visa versus partner visa compares the options. The answer on marrying overseas before a Prospective Marriage visa explains what happens if the couple marries in a third country first.
How is the sponsorship lodged?
The visa applicant lodges the partner visa application online first, and the sponsor then lodges the sponsorship online using the application's Transaction Reference Number (TRN). Sponsorship approval is decided inside the visa decision, and the sponsor does not receive a separate approval notice.
The sponsorship form is Form 40SP, completed online. The article on Form 40SP explains each part, and the article on partner visa sponsorship lodgement explains the sequence. By signing, the sponsor undertakes to provide adequate accommodation and financial assistance to the partner for the first two years in Australia, as the article on the partner visa sponsor undertaking explains. In a sponsor partner from Palestine case, the online application is lodged from anywhere with internet access, so the partner does not need to travel to lodge it.
What does it cost and how long does it take?
The visa application charge for a partner visa is from AUD 11,710 as at October 2026. As at October 2026, the Department reports that 50% of Subclass 309 applications are processed in 21 months and 90% in 32 months. The guide to partner visa cost and the guide to partner visa processing times explain these figures.
A sponsor partner from Palestine application may take longer than the published figures where identity, travel document or security checks are needed. The guide to partner visa processing delays explains why delays happen, and the answer on a partner visa taking longer than expected explains what can be done. The answer on priority processing explains when a request for priority may be considered.
Which travel document matters when you sponsor partner from Palestine?
The answer depends on the partner's history. Many Palestinians hold a Palestinian Authority passport, which has been issued since the mid-1990s. Others hold a Jordanian passport, a refugee travel document issued by Lebanon, Syria or Egypt, or Israeli-issued residency documents, for example as residents of East Jerusalem. The travel document question comes first in any sponsor partner from Palestine plan.
The document matters for two reasons. First, it determines how the partner's identity is proved. Second, the partner must satisfy public interest criterion 4021, the passport requirement, before a partner visa can be granted. Every sponsor partner from Palestine application should record exactly which documents the partner holds, who issued them, when they expire and what rights of return they give.
What public interest criterion 4021 requires
Public interest criterion 4021 is met if the applicant holds a valid passport that was issued by an official source, is in the form issued by that source, and is not in a class of passports that the Minister has excluded by instrument. It is also met if it would be unreasonable to require the applicant to hold a passport. Department policy explains that a passport, for this purpose, includes a document of identity issued from official sources that has the characteristics of a passport. For a sponsor partner from Palestine application, both limbs of the criterion can matter.
Department policy also states that, in practice, a valid passport must allow the applicant's identity to be verified, allow travel to and from Australia, and allow re-entry into the country of origin or a third country. It notes that some travel documents issued to stateless persons may permit travel without guaranteeing re-entry, and that decision makers must assess that risk. The answer on an expired passport during a partner visa and the article on a change of passport during processing explain the practical steps when a document changes. Passport validity should be checked at the start of every sponsor partner from Palestine case, because processing can take years.
When it is unreasonable to require a passport
If the partner cannot obtain an acceptable passport, the partner can ask the Department to find that it would be unreasonable to require one, under PIC 4021(b). Department policy says the delegate considers the evidence of why a passport cannot be obtained, whether that evidence is genuine and credible, the applicant's previous travel documents and visa history, and other identification available. This is a real pathway for some sponsor partner from Palestine cases, but it is decided case by case and must be supported by evidence.
Holding more than one document
A partner who holds both a Palestinian Authority passport and a Jordanian passport, or a passport and a refugee travel document, must declare both. The same passport should be used consistently across the visa application, health examination, biometrics and travel, and the forms should list every other document held. The answer on different names and dates in documents explains how to deal with transliteration differences between Arabic and English spellings, which are common across documents issued by different authorities. Consistent spelling is a simple safeguard for a sponsor partner from Palestine file.
How is identity proved to sponsor partner from Palestine with records from Gaza or the West Bank?
Identity is proved through three pillars that Department policy describes: biometrics, documents and the applicant's life story. Where Palestinian civil records are available, they should be provided. Where records from Gaza or the West Bank have been lost, destroyed or cannot be obtained, the applicant must explain why and provide the strongest remaining evidence.
Public interest criterion 4020(2A) requires the Department to be satisfied of the applicant's identity. Department policy states that a refusal on identity grounds creates a ten-year non-grant period and that there is no waiver of the identity requirements. That makes identity the central legal risk in many sponsor partner from Palestine applications. The article on PIC 4020 and partner visas explains the criterion, and the answer on different identity details explains the risk.
Documents that can support identity
Useful documents include a Palestinian ID card, a passport, a birth certificate, marriage and family records, school and university certificates, employment records, and any document from an earlier visa application to another country. Copies of documents that were lost can also help, if the applicant explains where the copy came from. The answer on what to do if you cannot get a birth or marriage certificate and the article on partner visa missing documents explain the approach. A sponsor partner from Palestine identity submission is strongest when each document is listed with its source and date.
What Tribunal decisions have recorded
In Rezai (Migration) [2020] AATA 5489, decided on 8 October 2020 and concerning a Subclass 309 visa, the reported issues were a bogus document, no valid identity documents, and identification documentation obtained. The decision under review was remitted. In 1826951 (Migration) [2020] AATA 1854, decided on 7 February 2020 and concerning a Subclass 309 visa, the reported issues were bogus documents, burnt identity documents, and a Taskera left in another country. That decision was also remitted. These cases do not involve Palestinian applicants, but they show that missing or destroyed identity documents can be addressed with evidence and explanation. They do not mean that every identity concern will be resolved.
Never replace a lost document through an intermediary
A sponsor partner from Palestine case is especially exposed to bogus document findings if a replacement document is obtained through an unofficial channel. Department policy treats a document obtained by a false or misleading statement as bogus, even if it was issued on genuine paper. The article on partner visa false documents explains the consequences. Documents should be obtained only from the issuing authority or its official representatives.
How does a Palestinian partner obtain a police clearance to sponsor partner from Palestine?
The General Delegation of Palestine to Australia, New Zealand and the Pacific states that the Palestinian Ministry of Interior is responsible for issuing a police clearance, described as a non-conviction certificate, and a certificate of good conduct for Palestinian citizens in the region. The Delegation's Consular Section handles applications made from Australia.
The Delegation states that applicants must provide certified copies of the Palestinian ID and passport pages, photographs, a copy of the visa or residency permit, proof of residence for the requested period, a registration form and a prepaid return envelope, and that a valid Palestinian passport is a requirement. It states the fee as AUD 30 per document, and processing as one month for a police clearance and up to two months for a certificate of good conduct, after all documents are received. These are the Delegation's own statements and may change, so a sponsor partner from Palestine timetable should allow extra time. The article on overseas police certificates for partner visas explains the general rule.
Certificates from other countries
Under Department practice, the applicant provides a police certificate from each country lived in for 12 months or more in the last 10 years since turning 16. A Palestinian partner who has lived in Jordan, Lebanon, Egypt, a Gulf state or Türkiye may need certificates from those countries as well. In a sponsor partner from Palestine case, the list of countries is often longer than the couple expects.
When a certificate cannot be obtained
If a certificate cannot be obtained, for example because the partner does not hold a valid Palestinian passport or because the relevant office cannot be reached, the applicant should keep evidence of every attempt and explain the position to the Department. The answer on what to do when a police certificate cannot be obtained explains the approach, and the answer on police certificate and health check validity explains timing. A sponsor partner from Palestine application can still be lodged while a certificate is pending, provided the request is documented.
What character and security checks apply?
The applicant must meet the character criterion in public interest criterion 4001 and the other public interest criteria for the visa, which include security assessment requirements. In practice, these checks can take time, and their length cannot be predicted in advance. A sponsor partner from Palestine couple should plan for that uncertainty.
The applicant must answer every character question honestly and may be asked to complete Form 80, which records personal history, travel, employment and military service. The guide to Form 80 for partner visas explains the form, and the article on partner visa character requirements explains the test. The answers in Form 80 must be consistent with every earlier visa application, including any visitor visa application made since October 2023. A sponsor partner from Palestine application with inconsistent travel or employment history is more likely to be delayed or questioned.
Any arrest, detention, charge or conviction in any jurisdiction must be disclosed, with an explanation of the circumstances. The article on partner visa overseas convictions explains how foreign records are treated. The article on false information refusals explains why non-disclosure is usually more damaging than the underlying fact.
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Where do biometrics and medical examinations happen for a Palestinian partner?
The Department tells the applicant where to provide biometrics and which panel clinics can perform the medical examination, and a partner in Gaza or the West Bank may need to travel to another country to attend. The location is not fixed by the applicant's nationality. It depends on the Department's current arrangements and on where the partner can safely and lawfully travel.
Smartraveller advises Australians not to travel to Gaza or the West Bank, excluding Jerusalem, because of the volatile security situation, armed conflict and terrorism. It states that the Australian Representative Office in Ramallah has suspended operations, and that consular help for Palestine, excluding Jerusalem, is provided by the Australian Embassy in Amman, Jordan. It also states that there are no direct flights to the West Bank or Gaza, that the Allenby Bridge or King Hussein crossing connects the West Bank and Jordan and requires a Jordanian visa, that the Erez crossing into northern Gaza has been closed since October 2023, and that the Rafah crossing between Gaza and Egypt has been closed for a long period.
For a sponsor partner from Palestine case, these facts shape the whole timetable. The partner should not book travel for biometrics or a medical examination until the Department's request has arrived, and the couple should tell the Department promptly if the partner cannot reach the nominated location. The article on partner visa biometrics, the answer on biometrics for partner visas and the guide to the partner visa medical examination explain each step. If the Department sets a deadline that cannot be met, the article on requesting more time to respond explains how to ask for an extension.
How do you sponsor partner from Palestine when the couple cannot travel to see each other?
The couple proves the relationship with the same four aspects as any other couple, the financial aspects, the nature of the household, the social aspects and the nature of the commitment, but places more weight on communication, financial support and family involvement where safe visits have not been possible.
The guide to the four pillars of a partner visa explains each aspect. In a sponsor partner from Palestine case, the couple should explain why they have not been able to meet in person for a period, using the travel advice and crossing closures as context. Meetings in a third country, such as Jordan or Egypt, produce valuable travel evidence where they are possible.
Communication and financial evidence
Call logs, messaging records and video call screenshots show that contact continued, even when connectivity was disrupted. Money transfers from the sponsor show financial commitment. The guide to partner visa chat evidence, the answer on messages, emails and call records and the answer on money transfers as relationship evidence explain how to present them. Messages in Arabic must be translated, as the answer on translating messages explains.
In Nguyen (Migration) [2022] AATA 185, decided on 27 January 2022 and concerning a Subclass 309 visa, the reported issues were a cultural engagement and a marriage registered in the home country, and daily communication during COVID-19 travel restrictions. The decision under review was remitted. That case concerned pandemic travel restrictions, not conflict, but it shows that daily communication during a period when travel was not possible can form part of the evidence. It does not mean that communication alone will be enough.
Marriage and family records
Many Palestinian couples marry with an Islamic or Christian marriage contract registered with the relevant religious court or authority. The couple should provide the registered marriage document and its translation. The article on the partner visa marriage certificate and the article on overseas marriages recognised in Australia explain what is required. Where a marriage took place by proxy or online because the couple could not travel, the answer on proxy and online marriages explains the particular risk. The guide to Form 888 witness statements explains how family members and friends in Australia can support the relationship.
Can you sponsor partner from Palestine onshore if the partner is in Australia on a visitor visa?
Sometimes. A Palestinian partner who is in Australia on a visitor visa may be able to lodge a Subclass 820, but only if the visitor visa does not carry condition 8503 (No Further Stay) or the condition has been waived, and only if the Schedule 3 criteria are met or waived where the partner no longer holds a substantive visa.
After October 2023, the Department granted thousands of visitor visas to people from Gaza and also refused thousands. Some people who arrived on those visas now have Australian partners, or are the partners of Australian sponsors. A sponsor partner from Palestine case of this kind requires an immediate check of the visa grant notice for condition 8503. The article on condition 8503 waivers, the answer on condition 8503 and partner visas and the page on Schedule 3 waivers explain the position. The guide to a partner visa while on a tourist visa explains the wider issues.
Compelling circumstances
A condition 8503 waiver requires compelling or compassionate circumstances that developed after the visa was granted and over which the person had no control. A relationship alone is not usually enough. The article on partner visa compelling circumstances explains how the test is applied. Every sponsor partner from Palestine waiver request must rest on the partner's own facts.
How does a partner visa relate to protection and humanitarian options?
A partner visa and a protection visa are separate applications with separate criteria. A Palestinian partner in Australia who fears harm if returned may be able to apply for a Protection visa (Subclass 866), and a person outside Australia may in some cases be considered under Australia's offshore humanitarian program. The choice of pathway depends on the partner's circumstances, and the applications can interact.
The page on the Subclass 866 protection visa explains the onshore protection visa, and the page for protection visa lawyers explains how the firm acts in protection matters. The answer on a partner visa while a protection visa is pending and the answer on legal help with a partner visa when a protection visa is pending explain how the two applications can run together. Where a protection visa has already been refused, the answer on a partner visa after a protection visa refusal explains the options, including the section 48 bar, which the article on the section 48 bar explains in detail.
For a sponsor partner from Palestine case, the sponsor's own status also matters. A sponsor who arrived as a refugee or humanitarian entrant must have declared family members accurately when the sponsor's own visa was granted, and a partner who was not declared at that time may face questions.
What if the partner visa is refused?
If the visa is refused, the refusal can usually be reviewed by the Administrative Review Tribunal. The review application must be made within 28 days after notification of the refusal, or 7 days if the applicant is in immigration detention, and the period cannot be extended.
For a Subclass 309 or Subclass 820 refusal, the visa applicant applies for review. For a Subclass 300 refusal, the sponsor applies. The Tribunal application fee for Part 5 migration review is AUD 3,727 as at October 2026, with a 50% reduction available for financial hardship, and it must be paid before the deadline. The commercial page on partner visa refusals explains how the firm acts on review, and the article on the partner visa ART review process explains the steps. The answer on who applies for review of an offshore refusal explains the Subclass 309 rule. A sponsor partner from Palestine refusal based on identity needs particular care because of the ten-year non-grant period.
What mistakes cause problems when couples sponsor partner from Palestine?
The most common problems are failing to declare every travel document held, inconsistent spellings and dates across documents issued by different authorities, replacement documents obtained through unofficial channels, inconsistent answers between a recent visitor visa application and the partner visa, and booking travel for biometrics before the Department has said where they must be given.
Other mistakes include a partner on a visitor visa with condition 8503 lodging onshore without a waiver, and a sponsor who arrived on a humanitarian visa not checking what was declared about family at the time. The article on partner visa application mistakes lists more, and the article on why partner visas get refused explains the main refusal grounds. A sponsor partner from Palestine plan should be reviewed before lodgement, because identity findings are difficult to reverse.
How My Migration Lawyers helps you sponsor partner from Palestine
My Migration Lawyers acts for Australian sponsors whose partners are in Gaza, the West Bank, East Jerusalem, Jordan, Lebanon, Egypt or Australia, including partners who hold Palestinian Authority passports, Jordanian passports, refugee travel documents or Israeli-issued residency documents. The firm deals with complex partner visa cases, acts in many sponsor matters of this type, and is capable of handling a plan to sponsor partner from Palestine where identity records are incomplete, travel is restricted or a protection application is also in issue.
For a sponsor partner from Palestine matter, the firm's work typically includes:
- reviewing every travel document the partner holds and advising how public interest criterion 4021 applies, including whether to ask the Department to find that it would be unreasonable to require a passport;
- assessing the partner's identity evidence against the three pillars in Department policy, and preparing a clear explanation of any records lost or unobtainable from Gaza or the West Bank;
- planning the Palestinian police clearance through the General Delegation and certificates from Jordan, Lebanon, Egypt or any other country of residence;
- checking any visitor visa held in Australia for condition 8503 and preparing a waiver request where the facts support it;
- coordinating the partner visa with any protection or humanitarian application, and checking what the sponsor declared about family members in the sponsor's own visa application;
- presenting the couple's own account of their relationship, including periods when travel was not possible, with communication, financial and family evidence; and
- responding to requests from the Department and acting on Tribunal review if a refusal is made.
The firm presents the couple's own account and their own evidence in the form the law requires. It does not create documents or history, and it tells the sponsor plainly where the evidence is not yet strong enough.
If you plan to sponsor partner from Palestine, or your partner's application has met identity, passport or onshore lodgement problems, Book a Consultation with My Migration Lawyers. You can also call 1300 040 300.
Frequently Asked Questions
Can I sponsor my partner from Palestine to Australia?
Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor a partner from Palestine for an Australian partner visa. The couple must prove a genuine and continuing relationship, and the partner must meet identity, passport, health and character requirements. The usual route is the offshore Subclass 309 and Subclass 100 visa. A partner already in Australia may be able to apply for the Subclass 820 if no condition 8503 or Schedule 3 problem applies.
Is a Palestinian Authority passport accepted for an Australian partner visa?
A Palestinian Authority passport can be used to meet public interest criterion 4021 if it is a valid passport issued by an official source, in the form issued, and not in a class of passports the Minister has excluded. Department policy also requires that a passport allows identity to be verified and allows travel and re-entry. The partner should check that the passport will remain valid through processing, and should declare every other travel document held, such as a Jordanian passport.
What if my Palestinian partner only has a refugee travel document?
A refugee travel document issued by Lebanon, Syria or Egypt may or may not satisfy the passport requirement, depending on whether it is an official document with the characteristics of a passport and whether it gives a right of re-entry. Department policy notes that some documents issued to stateless persons allow travel without guaranteeing re-entry. If no acceptable passport can be obtained, the partner can ask the Department to find that it would be unreasonable to require one, with evidence.
How does my partner prove identity if records in Gaza were destroyed?
The partner should provide every identity document that still exists, including copies, and explain clearly which records were lost and why. Department policy assesses identity through biometrics, documents and the applicant's life story, so a consistent personal history matters as much as paper. Useful evidence includes the Palestinian ID card, passports, school and university records, marriage and family documents, and earlier visa applications. Replacement documents should only be obtained from the issuing authority, never through intermediaries.
How does a Palestinian partner get a police clearance for a partner visa?
The General Delegation of Palestine to Australia, New Zealand and the Pacific states that the Palestinian Ministry of Interior issues police clearances and certificates of good conduct, and that its Consular Section handles applications from Australia. It lists certified identity documents, photographs, proof of residence and a valid Palestinian passport among the requirements, a fee of AUD 30 per document, and processing of one to two months after all documents are received. Certificates from other countries of residence may also be needed.
Where will my partner in Gaza give biometrics?
The Department will tell the partner where biometrics must be given, and a partner in Gaza or the West Bank may need to travel to another country. Smartraveller states that the Australian Representative Office in Ramallah has suspended operations, that consular help is provided from Amman, and that crossings out of Gaza have been closed or restricted. The partner should not travel until the request arrives, and should tell the Department promptly if the nominated location cannot be reached.
Can my Palestinian partner apply for a partner visa while in Australia on a visitor visa?
Possibly. The partner can lodge an onshore Subclass 820 only if the visitor visa does not carry condition 8503 (No Further Stay) or the condition has been waived. If the visitor visa has expired, the Schedule 3 criteria also apply unless waived. A condition 8503 waiver requires compelling or compassionate circumstances that developed after the visa was granted and were beyond the person's control. The grant notice should be checked immediately, before the visitor visa expires.
Does Australia's recognition of Palestine change the partner visa rules?
No. Australia formally recognised the State of Palestine on 21 September 2025, but the partner visa criteria in the Migration Regulations 1994 apply in the same way to every applicant. A Palestinian partner must still prove the relationship, identity, health and character, and must satisfy the passport requirement. Recognition does not remove the practical difficulties of obtaining documents and travelling from Gaza or the West Bank, which remain the main challenges in these cases.
How do we prove our relationship if we have not been able to meet recently?
The couple should show that the relationship has continued through regular communication, financial support, family involvement and shared plans, and should explain why in-person meetings were not possible. Travel advice and crossing closures can be cited as context. Meetings in a third country, such as Jordan or Egypt, are strong evidence where they are possible. Messages in Arabic should be translated, and the evidence should be organised by date rather than submitted in bulk.
Should my partner apply for a partner visa or a protection visa?
They are separate visas with separate criteria. A partner visa depends on the relationship with the Australian sponsor. A Protection visa (Subclass 866) depends on whether the person engages Australia's protection obligations. A partner in Australia may be able to pursue both, but the applications can interact, and a protection visa refusal can trigger the section 48 bar on some further onshore applications. The choice should be made with advice on the partner's full circumstances.
Which police certificates does my partner need if they lived in Jordan or Lebanon?
Under Department practice, the partner needs a police certificate from each country lived in for 12 months or more in the last 10 years since turning 16. A Palestinian partner who has lived in Jordan, Lebanon, Egypt, a Gulf state or Türkiye may need certificates from those countries as well as a Palestinian police clearance. Each country has its own process and timing, so the requests should start early and evidence of every request should be kept.
Why is a partner visa for a Palestinian partner taking so long?
Applications can take longer than the published processing times where the Department needs to verify identity, assess the travel document, or complete character and security checks. As at October 2026, the Department reports that 90% of Subclass 309 applications are processed in 32 months. A complete application with consistent documents and a clear explanation of any missing records gives the Department the least reason for further requests. The sponsor can ask about progress, and in some cases request priority.
My partner holds both a Palestinian and a Jordanian passport. Which one should we use?
The partner must declare both passports in the application, whichever one is used. The same passport should then be used consistently for the visa application, biometrics, health examination and travel to Australia, because the visa is linked to a specific passport. The choice can depend on validity, ease of travel and the right of re-entry each document gives. A change of passport during processing must be reported to the Department.
Can a former refugee in Australia sponsor a partner from Palestine?
Yes, if the sponsor is now an Australian citizen, permanent resident or eligible New Zealand citizen and meets the other sponsor requirements. A sponsor who arrived on a refugee or humanitarian visa should check what was declared about a spouse or partner when that visa was granted. If the partner was in a relationship with the sponsor at that time but was not declared, the Department may ask questions, and advice should be obtained before lodgement.
What happens if the partner visa for my Palestinian partner is refused?
The refusal can usually be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after notification of the refusal, and the time cannot be extended. For a Subclass 309 or Subclass 820 refusal the visa applicant applies, and for a Subclass 300 refusal the sponsor applies. A refusal on identity grounds creates a ten-year non-grant period with no waiver, so review should be considered seriously and advice obtained immediately.
Can we marry online or by proxy if my partner cannot leave Gaza?
A proxy or online marriage raises a real legal risk, because the marriage must be valid where it took place and must meet the Australian recognition rules for a spouse application. Some marriages conducted without both parties present are not recognised. If a proxy or online marriage has already occurred, the relationship may also need to be presented on another basis. The couple should obtain advice before relying on such a marriage, and should keep every record of how it was conducted.
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.
