Sponsoring a Partner From Poland

To sponsor partner from Poland, the Australian partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, must meet the sponsorship rules in the Migration Regulations 1994, and must show a genuine and continuing relationship with the Polish partner. A sponsor partner from Poland case often has a feature that other country cases do not: the Australian sponsor has a connection to Poland as well, through family heritage, work in Europe or years spent living there.

This guide is written for that sponsor. It starts with the sponsor's own position, because in a sponsor partner from Poland matter the sponsor's history is often where the first problem appears. It then explains the Polish criminal record certificate, the Polish civil records the Department expects, the choice between the onshore and offshore pathways when the partner can visit Australia on an eVisitor, and how the relationship is proved when the couple lived together in Europe. The firm's partner visa lawyers act for sponsors and applicants in Australia and overseas, and the complete guide to partner visas in Australia explains every pathway.

The guide on what the partner visa sponsor must do gives the general picture. This article applies it to the decision to sponsor partner from Poland.

Can I sponsor partner from Poland while I am living in Poland?

Yes. An Australian citizen can sponsor partner from Poland while living outside Australia, provided the sponsor meets the sponsorship criteria and the couple intend to live together in Australia. A permanent resident sponsor living overseas faces an extra question about whether their permanent visa still allows return.

Many Australians who sponsor partner from Poland are living in Poland, or elsewhere in Europe, when the relationship becomes serious. Some moved for work. Some have Polish parents or grandparents and went to live there for a period. Some met the partner while studying in Europe. In each case the sponsor's location does not stop the sponsor partner from Poland application. What matters is the sponsor's status, the sponsor's history, and the couple's plan to live in Australia.

Australian citizens overseas

An Australian citizen remains an Australian citizen wherever they live. The sponsor can lodge the sponsorship while overseas, and the couple can move to Australia together once the visa is granted. The guides on a partner visa sponsor living overseas and on a sponsor returning to live in Australia explain the evidence the Department may expect about the move. The answer on whether an Australian living overseas can sponsor a partner gives the short version.

Permanent residents overseas

A permanent resident who has been overseas for a long time may no longer hold a valid travel facility on their permanent visa. That can affect their ability to return and, in some cases, to sponsor. The guides on a sponsor with an expired travel facility and on a sponsor holding a Resident Return visa explain the issue.

Dual Australian and Polish citizens

Some sponsors hold Polish citizenship as well as Australian citizenship. Dual citizenship does not prevent sponsorship. The sponsor sponsors as an Australian citizen. The guide on a sponsor who is a dual citizen and the guide on a sponsor who is a citizen by descent explain how status is proved where the sponsor was born or has lived mostly outside Australia.

Who is eligible to sponsor partner from Poland?

The sponsor must be at least 18, must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must not be prevented by regulation 1.20J, regulation 1.20KA, regulation 1.20KB or the character provisions in regulations 1.20KC and 1.20KD.

In a sponsor partner from Poland case, the sponsorship is usually made through Form 40SP or its online equivalent. The guide to Form 40SP explains it. Sponsorship approval is decided at the time of decision, not at the time of lodgement, so the sponsor must keep meeting the criteria until the Department decides. The guide on when partner visa sponsorship approval is decided explains why that matters.

Previous sponsorships

Regulation 1.20J allows no more than two partner sponsorships in a lifetime. It also prevents a new sponsorship within five years of a previous partner sponsorship, or within five years of the sponsor's own grant of a partner visa as a sponsored partner, unless there are compelling circumstances. The commercial page on partner visa sponsorship limitations explains these rules, and the answer on sponsoring more than one partner applies them to common situations.

Children in the application

Where the Polish partner has a child who will be included in the sponsor partner from Poland application, regulation 1.20KB can apply if the sponsor has been charged with or convicted of a child-related offence. The guide on adding children to a partner visa and the guide on partner visa child custody and consent explain the extra steps, including consent from a parent in Poland who is not migrating.

The guide on partner visa sponsor eligibility and the answer on who can sponsor a partner visa cover the full list.

Does the sponsor need a Polish police check?

Yes, if the Department asks and the sponsor has lived in Poland for 12 months or more, in total, in the relevant period since turning 16. Under regulation 1.20KC(5), the Department can ask the sponsor for an Australian police check and a police check from each foreign country where the sponsor has lived for that long.

This is the point many sponsors miss when they decide to sponsor partner from Poland. The sponsor assumes that police certificates are only the applicant's problem. They are not. A sponsor who spent two years in Kraków or Warsaw, or several shorter periods that add up to 12 months, can be asked for a Polish certificate. A sponsor who also lived in another European country for 12 months or more can be asked for that country's check too.

In a sponsor partner from Poland matter, the request goes to the sponsor, not to the applicant. Department policy treats 28 days as a reasonable time for the sponsor to provide the 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 guides on the partner visa sponsor police check, on a sponsor police check not provided and on the sponsor police check at the second stage explain the rules.

A sponsor who has a conviction in Poland should take advice before the check is provided in a sponsor partner from Poland application. Many convictions are not relevant offences under regulation 1.20KC. The guides on a partner visa sponsor with a criminal record and on sponsor relevant offences explain which offences matter.

How is the Polish criminal record certificate obtained?

The Polish criminal record certificate is information from the Krajowy Rejestr Karny, the National Criminal Register. It can be requested by post or in person from the Biuro Informacyjne Krajowego Rejestru Karnego in Warsaw, at a Krajowy Rejestr Karny information point in a common court, or online through the e-KRK platform.

The official Polish Government guidance describes these routes:

• By post. A completed and signed request form, with proof of payment, is sent to the Biuro Informacyjne KRK at ul. Czerniakowska 100, 00-454 Warszawa.
• In person. The request can be lodged at the Biuro Informacyjne KRK in Warsaw, or at a Punkt Informacyjny KRK located in a common court, with photo identification.
• Online. The e-KRK platform of the Ministry of Justice accepts electronic requests. The applicant needs an account on the platform and a qualified electronic signature or a Profil Zaufany, the Polish trusted profile.
• Through a representative. A representative can apply with a written power of attorney.

The guidance says requests are dealt with without undue delay, within seven days, unless the matter needs clarification. For a sponsor partner from Poland application, the practical question is whether the person can use the online route from Australia. A Polish citizen who already has a Profil Zaufany can often apply online. A foreign sponsor without one may need to use the postal route or a representative in Poland. The firm does not state Polish fees, which are set by the Polish Government and can change.

The certificate is in Polish. It must be given with an accurate English translation. The guides on partner visa overseas police certificates and on partner visa evidence translation explain what the Department expects. Where a certificate genuinely cannot be obtained, the answer on what to do if a police certificate cannot be obtained explains the next step.

The Polish partner's own certificate

The Polish partner must provide police certificates for each country where they have lived for 12 months or more in the last 10 years since turning 16. For most Polish partners that includes Poland. The same Krajowy Rejestr Karny routes apply. The answer on whether a police check is needed for a partner visa gives the general rule.

Which visa suits a sponsor partner from Poland application?

Where the Polish partner is outside Australia, the usual pathway is the Subclass 309 followed by the Subclass 100. Where the Polish partner is in Australia on a visa without condition 8503, the Subclass 820 followed by the Subclass 801 may be available. A couple who are engaged and intend to marry in Australia can use the Subclass 300.

Couples who sponsor partner from Poland while living together in Europe usually lodge offshore. The partner stays in Poland or elsewhere in Europe while the application is processed, and the couple move to Australia after the grant. The firm's Subclass 309 partner visa page explains this pathway, and the guide on the offshore partner visa explains how it works in practice.

Couples who have already moved to Australia, or who want to, consider the onshore Subclass 820 partner visa. Couples who are not yet married, and plan to marry in Australia, consider the Subclass 300 Prospective Marriage visa. The guide on onshore and offshore partner visas compares the options, and the guide on which partner visa pathway fits helps couples choose.

The sponsor partner from Poland application must be made from the right place. An offshore Subclass 309 application made while the applicant is in Australia can be invalid. The answer on an offshore application lodged in Australia explains the risk.

Can a Polish partner visiting on an eVisitor apply onshore?

Often, yes, but only if the eVisitor grant does not carry condition 8503 and the couple meet the relationship requirements when the application is made. Polish citizens can usually travel to Australia on an eVisitor (Subclass 651), which makes visits during a long-distance relationship easier than for many other nationalities.

The ease of visiting creates a temptation in a sponsor partner from Poland case. A couple plan a holiday in Australia and then decide, during the visit, to lodge a Subclass 820. That can be lawful, but it must be done carefully:

• Check condition 8503. A visitor visa can be granted with condition 8503 (No Further Stay). If it applies, the partner generally cannot lodge an onshore Subclass 820 application unless the condition is waived. The guide on condition 8503 and partner visas explains this.
• Be truthful about intentions. A visitor visa is for a genuine visit. The Polish partner should answer every question on the visitor application truthfully, including questions about the relationship. The answer on whether to mention a partner on a visitor visa application explains the risk.
• Lodge before the eVisitor stay ends. An application made after the permitted stay has ended attracts Schedule 3 criteria. The guide on Schedule 3 for partner visas explains the test.
• Understand the bridging visa. A valid Subclass 820 application usually gives a bridging visa, but travel outside Australia then needs a Bridging B visa. The guide on the partner visa bridging visa explains this.

The guides on moving from a tourist visa to a partner visa and on a partner visa while on a tourist visa explain the process. The answer on whether a lawyer can help with a partner visa on a visitor visa explains when advice is worth getting before the flight.

What Polish civil documents does the application need?

A sponsor partner from Poland application usually needs the Polish partner's passport, birth record, any marriage record, proof that any earlier marriage has ended, the Krajowy Rejestr Karny certificate, and English translations of each Polish document.

Polish civil status events are recorded in civil status records, called akty stanu cywilnego. Official Polish Government guidance describes three forms of copy:

• Odpis skrócony. A short extract showing the current content of the record.
• Odpis zupełny. A full extract that repeats the whole record, including later changes such as a change of name.
• Wielojęzyczny odpis skrócony. A multilingual short extract, issued on paper, designed for use in certain foreign countries.

For a sponsor partner from Poland application, the full extract is often the safer choice where a name has changed or an earlier marriage has been dissolved, because it shows the history of the record. The multilingual extract is designed for use in countries listed in the Polish guidance. The Department should still be given an English translation of any Polish text it needs to read. The answer on translating a marriage certificate explains the approach, and the guide on a partner visa document checklist gives a full list.

Polish surnames and diacritics

Polish surnames often change form with gender. A man named Kowalski has a sister or wife named Kowalska. Polish letters such as ł, ś, ż and ó are often dropped or changed in English systems. Neither is a problem in itself, but in a sponsor partner from Poland application the forms and documents must line up. Every name the partner has used should be listed, and a passport name written without diacritics should be matched to the Polish record. The guide on conflicting partner visa statements explains how small inconsistencies cause larger problems. The answer on changing a name after marriage explains when the Department must be told.

Divorce and earlier marriages

Where either partner was married before, proof that the earlier marriage ended is needed. A person who is still legally married can be in a de facto relationship with someone else, but cannot validly marry again. The guides on a partner visa after divorce and on a partner visa while still married explain the position.

Is a marriage in Poland recognised in Australia?

A marriage validly celebrated in Poland is generally recognised in Australia, provided it would also be valid under Australian law. The couple should provide an extract of the Polish marriage record, with an English translation, as evidence of the marriage.

The marriage record is held in the Polish civil status records. Whatever form the ceremony took, the couple should rely on the civil record of the marriage, not on a church certificate alone. The guides on whether an overseas marriage is recognised in Australia, on partner visa marriage certificates and on a religious or cultural marriage explain the tests.

A marriage record does not prove a genuine relationship, and it does not complete a sponsor partner from Poland file. The Department still assesses the relationship on the four aspects in regulation 1.15A. The answer on whether a marriage certificate is enough explains why.

Couples who are not married can still apply as de facto partners. Same-sex couples can apply as married partners if they married validly in a country that allows it, or as de facto partners. The firm's LGBTI partner visa page explains the position, and the guide on the de facto partner visa in Australia explains the de facto definition and the usual 12-month requirement.

What if the Polish partner has lived elsewhere in Europe?

The Polish partner must provide a police certificate from every country where they have lived for 12 months or more in the last 10 years since turning 16, not only Poland. Partners who have worked or studied in other European countries often need several certificates.

Free movement within the European Union means many Polish partners have lived in more than one country. A partner who worked in Germany for two years, studied in the Netherlands for a year and then returned to Poland will usually need certificates from each of those countries as well as from Poland. Each country has its own process and timing. Applying for all of them at once, rather than one after another, keeps the sponsor partner from Poland application moving. The guide on partner visa expired police checks and the answer on how long police certificates are valid explain why timing matters.

The same is true for the Australian partner who will sponsor partner from Poland. A sponsor who has lived in Poland and in another European country can be asked for both checks. The sponsor and the partner should list every country and every period of residence before lodgement, so that the checks can be planned together.

What if the sponsor is not ready to move back to Australia yet?

The sponsor does not need to be living in Australia when the sponsor partner from Poland application is lodged, but the couple must intend to live together in Australia. The Department may want to see that the plan to move is real, not a vague wish for some future time.

This issue arises often when the couple have built a life in Poland. They may own or rent a home there, the sponsor may have a Polish employment contract, and the Polish partner may have family responsibilities. None of this prevents the sponsor partner from Poland application. But the application should explain the plan: when the couple expect to move, what the sponsor will do for work or accommodation in Australia, and what steps have already been taken.

Useful evidence of the plan to move can include:

• correspondence with Australian employers or a job offer;
• notice given, or planned, on a Polish lease or job;
• arrangements for accommodation in Australia, such as staying with the sponsor's family at first;
• enrolment of children in an Australian school, where relevant;
• shipping quotes or sale of property in Poland.

A sponsor partner from Poland application can also be lodged where the sponsor moves to Australia first and the Polish partner follows after grant. Periods apart while the application is processed are common and are not a problem in themselves, provided contact continues. The answers on whether a sponsor can live overseas while an 820 is processed and on how long an applicant can stay overseas while a partner visa is pending explain the related rules, and the guide on partner visa temporary separation explains how time apart is treated.

How do couples prove the relationship after living together in Europe?

The relationship is assessed on the four aspects in regulation 1.15A: financial aspects, the nature of the household, social aspects and the nature of the commitment. Time spent living together in Poland or elsewhere in Europe counts in the same way as time spent living together in Australia.

Couples who sponsor partner from Poland after living together there often have strong household evidence, but it is in Polish. A shared lease, utility accounts, a joint bank account with a Polish bank, and official address registration records can all be useful. Each needs an English translation of the parts relied on. The answer on whether living together overseas counts towards the 12 months confirms that overseas cohabitation counts.

Useful evidence often includes:

• Financial. Joint accounts, shared payment of rent and bills, transfers between the partners, and joint purchases. The guide on partner visa financial evidence explains how to present them.
• Household. Leases, utility bills and mail at a shared address in Poland or Australia. The guide on partner visa household evidence explains what counts.
• Social. Photos with family in Poland and in Australia, joint invitations, travel together, and Form 888 statements from people who know the couple. Supporting statements from people in Poland are allowed. The answer on whether overseas friends can write statements explains how.
• Commitment. Plans for the move to Australia, the sponsor's preparations to return, and the length of the relationship. The guide on partner visa commitment evidence explains what helps.

There is one relationship statement. It is the couple's own account, and the couple review and correct it. The guide on the partner visa relationship statement explains how it is prepared, and the guide on Form 888 for partner visas explains supporting statements.

Where the couple lived apart for periods, for example while one worked in another country, the guides on a partner visa for a long-distance relationship and on living apart for work explain how the Department treats time apart.

What health and character checks apply to the Polish partner?

The Polish partner must meet the health requirement and the character requirement. Health examinations are arranged through the Department's processes, and police certificates are provided as explained above.

In a sponsor partner from Poland application, the health examinations are usually requested after lodgement or completed early, depending on the case. The guides on partner visa health requirements and on the partner visa medical examination explain the steps. The character requirement applies to the applicant through public interest criterion 4001 and section 501. The guide on partner visa character requirements explains the test. A partner with a conviction in Poland or elsewhere in Europe should read the guide on partner visa overseas convictions before lodgement.

The applicant must also make complete and truthful statements. A false or misleading document, even one provided by mistake, can engage public interest criterion 4020. The guide on PIC 4020 explains why translations and civil records should be checked carefully.

What does it cost to sponsor partner from Poland?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710, paid at lodgement. It covers both the temporary and permanent stages. Polish documents, translations, police certificates and health examinations are additional costs that vary by case.

The charge for a sponsor partner from Poland application can be paid by either partner. The answer on who pays the partner visa fee explains this, and the guide on partner visa cost explains the wider budget. There is no minimum income requirement for the sponsor. The answer on whether a sponsor needs a minimum income explains the position.

What happens after a Subclass 309 grant to a Polish partner?

After a Subclass 309 grant, the Polish partner can travel to Australia and live there while the permanent Subclass 100 stage is assessed. The grant notice should be read carefully, including any date by which the partner must first enter Australia.

The sponsor undertakes to provide financial assistance and accommodation, if needed, for the first two years after the partner arrives. The guides on the partner visa sponsor undertaking and on partner visa sponsor obligations explain the commitment. The guide on the partner visa first entry deadline explains the entry condition, and the guide on arriving in Australia on a partner visa explains the first months.

For a sponsor partner from Poland application, the second stage is assessed about two years after the application was lodged. The Department checks that the relationship is still genuine and continuing. The guides on the sponsor at the second stage and on partner visa second stage documents explain what is provided then. The guide on the partner visa citizenship pathway explains the longer view.

A sponsor partner from Poland timeline, from decision to arrival

A sponsor partner from Poland application runs more smoothly when the couple work in phases. The phases below reflect the usual order of work. They are not a promise about processing time, which the firm does not predict.

Phase 1: the sponsor's assessment

The sponsor confirms their status, previous sponsorships and every country lived in for 12 months or more since turning 16. If Poland or another European country is on that list, the sponsor starts the police certificate process early, before any request. The guide on a sponsor risk assessment before lodgement explains this step.

Phase 2: the documents

The Polish partner orders the civil records and the Krajowy Rejestr Karny certificate, and certificates from any other European country of residence. Translations are arranged once the final versions arrive, so that names are spelt the same way throughout. The guide on partner visa sponsor documents lists the sponsor's own documents.

Phase 3: the evidence

The couple collect evidence across the four aspects of the relationship, including Polish leases, bills and bank records, and prepare the relationship statement and Form 888 statements. The guide on organising partner visa evidence explains how to present it clearly.

Phase 4: lodgement and the waiting period

The sponsor partner from Poland application is lodged from the correct place, with the charge paid. Both partners should sign Form 956 if a representative acts, so that requests to the sponsor are not missed. The guide on Form 956 and Form 956A explains why. During the wait, the couple keep evidence up to date and tell the Department about changes. The guide on partner visa change of circumstances explains how.

Phase 5: grant and the move

After grant, the Polish partner enters Australia by any first entry date, and the sponsor undertaking begins. The second stage follows about two years after lodgement.

Why are sponsor partner from Poland applications refused?

A sponsor partner from Poland application is usually refused because the relationship evidence is not accepted, a sponsor requirement is not met, a request from the Department is not answered, or the application was lodged on the wrong pathway or at the wrong time.

The sponsor partner from Poland problems that arise most often are:

• The sponsor's foreign check. A sponsor who lived in Poland is asked for a Polish certificate and does not respond in time.
• Untranslated evidence. Polish leases, bank statements and messages are uploaded without English translations, so the Department cannot rely on them. The answer on whether messages in another language must be translated explains the fix.
• Name mismatches. Gendered surname forms and missing diacritics create apparent inconsistencies.
• An onshore lodgement that should not have been made. Condition 8503 or an expired stay creates a validity or Schedule 3 problem.
• A thin record of the move. The Department is not satisfied the couple intend to live together in Australia.

The guides on why partner visas get refused, on partner visa refusal reasons and on partner visa application mistakes set out the wider pattern. Where the Department writes before refusing, the guides on responding to a section 56 request and on the section 57 natural justice letter explain how to respond.

Can a refused sponsor partner from Poland application be reviewed?

Yes. A partner visa refusal can usually be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after the decision is notified. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727.

For a refused Subclass 309 application, the Polish partner can apply for review in their own name. This follows section 338(9) of the Migration Act 1958, read with regulations 4.02(4)(saa) and 4.02(5)(raa), inserted in 2023. For a refused Subclass 820 application, the visa applicant applies. The answer on who must apply for review of an offshore refusal and the guide on who can lodge a partner visa appeal explain this.

In a sponsor partner from Poland review, the Tribunal decides the case on the material before it at the time of its own decision, so missing Polish documents, translations or the sponsor's police check can be provided at that stage. The guides on the partner visa appeal deadline, on the ART review process and on the partner visa ART hearing explain the steps. The firm's partner visa refusals page explains its review work.

How My Migration Lawyers helps you sponsor partner from Poland

My Migration Lawyers acts for Australian sponsors and their Polish partners, whether the couple are in Poland, elsewhere in Europe or already in Australia. The firm deals with complex partner visa cases, acts in many matters of this type, and is capable of handling a sponsor partner from Poland matter from the first assessment through to Tribunal review.

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

• Assessing the sponsor first: citizenship or residence status, any travel facility issue for a permanent resident living in Europe, previous sponsorships under regulation 1.20J, and which foreign police checks the sponsor may be asked for because of time lived in Poland or other European countries.
• Advising on the Krajowy Rejestr Karny certificate for both partners, including whether the online e-KRK route is available or a postal or representative request is needed.
• Identifying the Polish civil records required, choosing between the short, full and multilingual extracts, and reconciling gendered surname forms and diacritics across every document.
• Advising whether to lodge offshore, or onshore after an eVisitor arrival, and checking for condition 8503 before any travel is booked.
• Organising relationship evidence from Poland and Europe, with translations of the parts relied on, Form 888 statements, and the couple's own relationship statement, which the couple review and correct.
• Preparing and lodging the application, and responding to section 56 requests, section 57 letters and sponsor police check requests within time.
• Applying for review in the Administrative Review Tribunal and presenting the case if a refusal is made.

The firm advises clients overseas and in every Australian State and Territory by video. Clients in Australia often come through the firm's Sydney partner visa lawyers, Melbourne partner visa lawyers, Adelaide partner visa lawyers and Canberra partner visa lawyers pages. Sponsors overseas can read the answer on whether an Australian partner visa lawyer can help someone living overseas. Sponsorship matters are supervised by Weiwei Zhang, Principal Lawyer, and the partner visa questions page answers many common questions.

If you are planning to sponsor partner from Poland, or the Department has asked you for a Polish police check, Book a Consultation with My Migration Lawyers, or call 1300 040 300.