Sponsoring a Partner From Romania

If you want to sponsor partner from Romania, the answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a Romanian spouse, de facto partner or fiancé, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from Romania, couples normally use the offshore Subclass 309 and Subclass 100 visa, the onshore Subclass 820 and Subclass 801 visa if the Romanian partner is lawfully in Australia and can apply there, or the Subclass 300 Prospective Marriage visa if they are engaged.

The legal criteria are the same for every nationality. What is different for many couples who sponsor partner from Romania is the story behind the application. Very often the Australian partner has been working or studying in Europe, the couple have lived together in Bucharest, Cluj-Napoca, London, Berlin or Madrid, and they now want to move to Australia together. That raises practical questions that a standard checklist does not answer: should the Romanian partner apply from Europe or come to Australia first; which police certificates are needed when both partners have lived in several countries; whether Romanian documents need an apostille; how to prove a shared household that existed overseas; and what the Australian sponsor must do about their own return. This guide answers those questions in order. For the wider legal framework, read the complete guide to partner visas in Australia, and for the sponsor's side, the guide to being a partner visa sponsor.

Can you sponsor partner from Romania to Australia?

Yes. You can sponsor partner from Romania if you are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen aged 18 or over, your partner is your spouse, de facto partner or fiancé, and the Department of Home Affairs is satisfied that the relationship is genuine and continuing.

There is no special partner visa for Romanian citizens. A Romanian applicant is assessed under the same provisions of Schedule 2 to the Migration Regulations 1994 as any other applicant. Romania's membership of the European Union does not create a shortcut into Australia, and it does not make the evidence lighter. What it does change is the setting: Romanian citizens move freely within the European Union, so the couple's shared life is often spread across more than one country, and the evidence must follow them.

The relationship can be one of three kinds:

• Married. A married relationship under section 5F of the Migration Act 1958, based on a marriage that is valid and recognised in Australia.
• De facto. A de facto relationship under section 5CB of the Migration Act 1958, usually for at least 12 months before the application is made, unless an exception applies.
• Engaged. An intention to marry, supported by having met in person as adults, for the Subclass 300 Prospective Marriage visa.

The answer on who can sponsor a partner visa sets out the eligibility rules in one place, and the guide on partner visa sponsor eligibility explains them in more depth.

Living together in Europe: should you sponsor partner from Romania offshore or onshore?

If the couple are living together in Romania or elsewhere in Europe, the usual course is to lodge the offshore Subclass 309 application while the Romanian partner is still outside Australia; moving to Australia first and lodging an onshore Subclass 820 application is also possible, but only if the Romanian partner holds a visa that allows a valid onshore application and the timing is planned.

This is the central decision for most couples who sponsor partner from Romania after living in Europe. Both pathways lead to the same permanent visa. Both carry the same base government charge. The difference is where the Romanian partner waits, what they can do while waiting, and how much risk the couple carry if something goes wrong. The comparison of onshore and offshore partner visas and the answer on the Subclass 820 versus the Subclass 309 explain the general differences. This section applies them to couples living in the European Union.

The offshore route: lodge the Subclass 309 from Europe

The Subclass 309 partner visa is lodged online through ImmiAccount while the Romanian partner is outside Australia. One application covers both the temporary Subclass 309 and the permanent Subclass 100. The Romanian partner can keep working and living in Europe while the application is processed. The guide to the offshore partner visa and the guide to offshore partner visa lodgement explain the mechanics.

The offshore route suits couples who sponsor partner from Romania when:

• The Australian sponsor is still working in Europe. The couple can stay together where they live now, and the sponsor can plan the move to Australia around the decision.
• The Romanian partner has a career or family obligations in Europe. Waiting in Europe causes less disruption than waiting in Australia.
• The couple want certainty before moving. The Romanian partner does not have to give up a job or a home until the visa is granted.

The Romanian partner may still be able to visit Australia during processing on a visitor visa, but a visit does not turn an offshore application into an onshore one. The answer on visiting Australia while a Subclass 309 is processed and the guide to visitor visas during partner visa processing explain the limits.

The onshore route: move to Australia and lodge the Subclass 820

The Subclass 820 partner visa is lodged while the Romanian partner is in Australia. Romanian citizens hold European Union passports and can usually visit Australia on a visitor visa. If the visitor visa does not carry condition 8503 (no further stay) or a similar condition, and it is still in effect, the Romanian partner can usually lodge a valid Subclass 820 application in Australia and receive a bridging visa. The guide to the onshore partner visa and the guide on moving from a tourist visa to a partner visa explain the process.

The onshore route suits couples who sponsor partner from Romania when:

• The couple are ready to move now. They want to live together in Australia during processing, not apart.
• The sponsor has already returned to Australia. The couple do not want a long separation while a Subclass 309 is decided.
• The visitor visa allows it. The Romanian partner's visa does not carry a no further stay condition and has not expired.

The onshore route has risks that the offshore route does not. If the visitor visa expires before the application is lodged, the Schedule 3 criteria apply. If condition 8503 is on the visa, a waiver is needed before any valid application can be made. The guides on applying for a partner visa while on a tourist visa and on condition 8503 for a Subclass 820 set out those rules. Couples who sponsor partner from Romania by the onshore route should lodge early in the visitor visa, not in its last week.

Comparing the two routes for couples from Europe

The key differences, for a couple who sponsor partner from Romania after living together in Europe, are these:

• Where the Romanian partner waits. Offshore, in Europe. Onshore, in Australia on a bridging visa.
• Work during processing. Offshore, the partner keeps their European job. Onshore, work rights depend on the bridging visa. The guide on partner visa work rights explains this.
• Travel during processing. Offshore, the partner travels freely on their own passport. Onshore, leaving Australia usually requires a Bridging visa B, as the guide on the partner visa Bridging visa B explains.
• Risk if the application is refused. In both cases the applicant can seek review at the Tribunal, but an onshore applicant must be in Australia to apply for review.
• Cost. The base government charge is the same for both.

There is no single right answer. The right route to sponsor partner from Romania depends on where the sponsor's job is, how long the couple can stay apart, and what visa the Romanian partner holds. The guide on which partner visa pathway to choose and the answer on which partner visa to apply for help with that choice.

Prospective Marriage: Subclass 300

If the couple are engaged and plan to marry in Australia, the Subclass 300 visa lets the Romanian fiancé travel to Australia, marry the sponsor within the visa period and then apply onshore for the Subclass 820. The couple must have met in person since both turned 18. Couples who sponsor partner from Romania and intend to marry in Romania instead should usually marry first and then apply as spouses. The answers on the Prospective Marriage visa requirements and on whether to use a fiancé visa or marry first explain the choice.

Cost and timing

The government charge for a partner visa starts from AUD 11,710 for the main applicant, for both the onshore and offshore combined applications, as checked on 13 October 2026. The guide to partner visa costs explains additional charges for family members.

As published by the Department on 29 September 2026, 50 per cent of Subclass 309 applications were finalised in 21 months and 90 per cent in 32 months, while 50 per cent of Subclass 820 applications were finalised in 22 months and 90 per cent in 30 months. These figures change regularly. For couples who sponsor partner from Romania, timing often decides the route: a couple who cannot spend two years apart may prefer the onshore option if it is legally available. The guide to partner visa processing times explains what affects them.

Who can sponsor partner from Romania, and does the sponsor need to live in Australia?

To sponsor partner from Romania, the sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, aged 18 or over, who is the applicant's spouse, de facto partner or fiancé and who is not barred by the sponsorship limitations; the sponsor does not have to be living in Australia when the application is lodged.

This point matters for couples living in Europe. An Australian citizen working in Bucharest can sponsor partner from Romania without first moving back to Australia. The answer on whether an Australian living overseas can sponsor a partner and the guide on a partner visa sponsor living overseas explain this rule.

Each category of sponsor proves their status differently. The guides for an Australian citizen partner visa sponsor, a permanent resident partner visa sponsor and a New Zealand citizen partner visa sponsor explain the evidence, and the guide on proof of citizenship for a sponsor covers the usual documents. A sponsor who holds both Australian and another citizenship, which is common among Australians working in Europe, should read the guide on a dual citizen partner visa sponsor.

The sponsor's role in the application

The Romanian partner lodges the visa application first. The sponsor then lodges an online sponsorship application using the applicant's transaction reference number. The guide on partner visa Form 40SP explains the sponsorship form. Approval of the sponsorship is a time of decision criterion for the Subclass 309, Subclass 820 and Subclass 300 visas, decided as part of the visa decision. No separate notice is sent to the sponsor.

By sponsoring, the sponsor undertakes to support the applicant with accommodation and financial assistance, as reasonably necessary, for the first two years. The guide on the partner visa sponsor undertaking explains what this means. There is no minimum income requirement, as the answer on whether a sponsor needs a minimum income confirms.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from Romania, the sponsorship limitations in regulation 1.20J and the sponsor police check rules in regulation 1.20KC apply in the same way as for any other country, and either can stop the sponsorship from being approved.

Under regulation 1.20J, a sponsor generally cannot sponsor more than two partners in a lifetime, and cannot sponsor a new partner within five years of a previous partner sponsorship, unless there are compelling circumstances. A sponsor who was granted a partner visa on the basis of their own sponsored relationship within the last five years faces a similar restriction. The page on partner visa sponsorship limitations explains the rules and the exceptions, and the guide on when a sponsor cannot sponsor sets out the detail.

Under regulation 1.20KC, the Department may ask the sponsor for Australian police checks and police checks from other countries. For a sponsor who has lived in Europe for years, that can mean certificates from the countries where the sponsor lived as well as an Australian check. A sponsor convicted of a relevant offence, with a significant criminal record for it, may have the sponsorship refused unless it is reasonable to approve it. The guide on the partner visa sponsor police check and the guide on a sponsor police check not provided explain the process and the risk of delay.

What police certificates are needed to sponsor partner from Romania?

To sponsor partner from Romania, the Romanian partner generally needs a Romanian criminal record certificate (certificat de cazier judiciar) and a police certificate from every other country where they have lived for a total of 12 months or more in the last 10 years since turning 16.

The Romanian criminal record certificate

The Romanian police certificate is the certificat de cazier judiciar, the criminal record certificate. It is issued through the Romanian police. According to the Government of Canada's published guidance on Romanian police certificates, a person in Romania applies in person at the county police inspectorate where they live. A person outside Romania can apply through the nearest Romanian embassy or consulate, apply through the General Inspectorate of the Romanian Police, or appoint a representative in Romania under a notarised power of attorney.

For couples who sponsor partner from Romania while living elsewhere in Europe, the embassy or power of attorney options are often the practical choice. Two points deserve attention:

• Timing. Police certificates have a limited validity period for visa purposes, and partner visas take a long time to decide. A certificate obtained too early may expire before the decision. The answer on how long police certificates and health checks are valid explains this.
• Translation. The certificate is issued in Romanian unless an English version is provided. A Romanian language certificate must be provided with an English translation.

Certificates from every other country of residence

Many Romanian applicants have lived and worked in other European Union countries, and this is where couples who sponsor partner from Romania most often miss a certificate. A Romanian partner who lived in Italy, Spain, Germany, the United Kingdom or any other country for 12 months or more in the last 10 years since turning 16 needs a police certificate from that country as well. The 12 months do not have to be continuous in every case: periods in the same country can add up. Couples who sponsor partner from Romania should list every country the partner has lived in, with dates, before ordering any certificate.

The guide on partner visa overseas police certificates and the answer on the police check for a partner visa explain the general rules. If a certificate cannot be obtained despite real efforts, the answer on what to do if you cannot get a police certificate explains the usual approach, and the guide on expired police checks explains what happens when a certificate runs out during processing.

What if the Romanian partner has a conviction?

A conviction in Romania or elsewhere in Europe does not automatically end the application. The applicant's character is assessed under public interest criterion 4001 and section 501 of the Migration Act 1958. The answer depends on the offence, the sentence, the time since the offence and the applicant's conduct since. A conviction must be disclosed, even if it would be treated as spent in Australia. The guides on partner visa character requirements, overseas convictions and partner visas and undisclosed convictions explain the approach. When you sponsor partner from Romania and there is any criminal history, advice should be obtained before lodgement.

Romanian civil documents: translation, certified copies and apostille

To sponsor partner from Romania, the applicant usually needs a passport, a Romanian birth certificate (certificat de naștere), a marriage certificate (certificat de căsătorie) if married, evidence that any earlier marriage has ended, and police certificates, with an accurate English translation of every document that is not in English; an apostille may be obtained but does not replace the translation.

Romanian is the official language of Romania, so Romanian civil status documents are issued in Romanian. They are kept by the local civil status services (starea civilă) where the birth or marriage was registered. Romanian citizens also usually hold a national identity card, and the personal numeric code (cod numeric personal, CNP) that appears on Romanian identity documents should be consistent across them.

The core documents are:

• Passport. The applicant's current Romanian passport. If the applicant holds a Romanian identity card, it can be provided as supporting identity evidence.
• Birth certificate. The certificat de naștere, showing full name, date and place of birth and parents' names.
• Marriage certificate. The certificat de căsătorie, if the couple married in Romania, or the marriage certificate from the country where they married.
• Divorce or death records. Evidence that any earlier marriage of either partner has ended. Couples who sponsor partner from Romania must prove that every previous marriage ended before the current marriage.
• Name change evidence. A Romanian woman or man who took a spouse's surname on an earlier marriage, and later reverted, should provide the documents that show each change.

The partner visa document checklist gives the general list, and the guide to the partner visa marriage certificate explains what the Department looks for.

Translations

Every document that is not in English must be provided with an accurate English translation. That rule applies to every document used to sponsor partner from Romania, including police certificates. A translation made in Australia should be prepared by a translator accredited by NAATI, with the accreditation details on the translation. A translation made outside Australia should show the translator's full name, address and telephone number and details of their qualifications and experience. Many couples who sponsor partner from Romania use a sworn translator in Romania; that is acceptable if the translation includes those details. The guide on partner visa evidence translation and the answer on translating a marriage certificate explain the standard.

Apostille or legalisation

Romania and Australia are both parties to the Hague Apostille Convention, so a Romanian public document can be apostilled for use in Australia. However, the Department's published partner visa guidance asks for clear copies and English translations; it does not generally require Romanian civil documents to carry an apostille. Couples who sponsor partner from Romania sometimes spend weeks obtaining apostilles that the Department did not ask for, while forgetting the translation that it did. If the Department later asks to verify a document, an apostille can help, but it is not a substitute for a complete and accurate translation. The answer on certified copies for a partner visa explains when copies need certifying.

Names and diacritics

Romanian names often contain diacritics, such as ă, â, î, ș and ț. Passports print names in the machine-readable zone without them, and online forms may not accept them. A name such as Ștefănescu may appear as Stefanescu in ImmiAccount. That is not an inconsistency if it is explained. When you sponsor partner from Romania, enter the name exactly as it appears in the passport's machine-readable form, declare every other name and spelling, and explain any difference in a short note. The answer on different names or dates in documents and the answer on a name change after marriage explain the method.

Is a Romanian marriage recognised in Australia?

Yes, generally. A marriage that was valid under Romanian law where it was celebrated is recognised in Australia under Part VA of the Marriage Act 1961, unless an exception in section 88D applies, such as one party already being married, the parties being in a prohibited relationship, a party being under age, or one party not giving real consent.

In Romania, the legally effective marriage is the civil marriage concluded before the civil status officer, usually at the town hall. A church wedding is an important part of many Romanian marriages, but it is the civil marriage that produces the certificat de căsătorie. Couples who sponsor partner from Romania after a church wedding should make sure the civil marriage was also concluded, and should rely on the civil certificate as the evidence of the marriage. The guide on overseas marriages recognised in Australia, the answer on whether an overseas marriage is recognised and the answer on whether a marriage certificate is enough for a spouse visa explain the legal test.

Couples who married in another European country

Many couples who sponsor partner from Romania married in a third country, such as the United Kingdom, Germany or Spain, where they were living. The marriage is recognised in Australia if it was valid under the law of the country where it took place. The evidence is the marriage certificate from that country, with a translation if it is not in English. Whether the marriage was later recorded in the Romanian registers is a matter of Romanian law; it is not the test the Department applies.

Previous marriages and divorce

A previous marriage of either partner must have ended before the current marriage took place. A divorce granted in Romania may be by a court, by a civil status officer or by a notary, depending on the circumstances, and each produces different paperwork. A divorce granted in another country must have been effective under that country's law. If the earlier marriage had not ended when the new one took place, the new marriage is not recognised, although the couple may still qualify as de facto partners. The guides on applying for a partner visa while still married and on a partner visa after divorce explain the risk.

How do you prove living together abroad when you sponsor partner from Romania?

When you sponsor partner from Romania after living together in Europe, you prove the shared household with the same kinds of documents an Australian couple would use, issued by European landlords, banks, employers and authorities: leases in both names, residence registrations at the same address, joint bills, joint bank accounts and evidence that the sponsor's work and life were based there.

Department policy states that living together is a common element in most ongoing relationships. For a de facto couple, the period of living together abroad counts towards the 12-month requirement in the same way as living together in Australia. The answer on whether living together overseas counts towards the 12 months confirms this, and the answer on what counts as living together explains the test.

Evidence that works for couples in Europe

Couples who sponsor partner from Romania after sharing a home in Europe usually have strong evidence available. The problem is that it is in Romanian, German, Italian or Spanish, and it is scattered across countries. Useful evidence includes:

• Leases and property records. A lease in both names, or a lease in one name with evidence that the other lived there.
• Residence registrations. Address registrations with local authorities, which in many European countries are compulsory and show both partners at the same address from a stated date.
• Utility and internet bills. Bills in either name at the shared address, over the full period.
• Bank records. Joint accounts, transfers between the partners, and statements sent to the same address.
• The sponsor's European work evidence. Employment contracts, payslips and tax records that show why the sponsor was living in Europe and for how long.
• Health insurance and registrations. Shared health insurance or registrations showing the same address.
• Travel together. Bookings and boarding passes for trips taken together within Europe and to Australia.

The guide on the four aspects of a partner visa relationship, the guide on partner visa financial aspects and the guide on partner visa travel evidence explain how each kind of evidence is used. The answer on travel together evidence gives further examples.

Translating and organising foreign evidence

Not every page needs translation when you sponsor partner from Romania. Leases, registrations and key financial documents should be translated. For bank statements and bills, it is often enough to translate representative samples and explain the rest. When you sponsor partner from Romania, organise the evidence by period and by country, so that the case officer can follow the couple from one home to the next. The guides on partner visa evidence organisation and on partner visa ImmiAccount uploads explain how to present large volumes of material.

Registered partnerships made overseas

Some couples registered a civil partnership in a European country. An overseas registered relationship may be relevant evidence, but it is not the same as a relationship registered under the law of an Australian State or Territory. The answer on whether an overseas registered relationship counts explains the difference.

Periods apart

Couples who live in Europe often spend time apart for work, family or study. A temporary separation does not end a relationship, but the evidence should show that the separation was temporary and that the couple kept in contact and kept their plans. The guides on partner visa temporary separation and on a long-distance partner visa relationship explain the approach.

What relationship evidence do you need to sponsor partner from Romania?

The Department assesses the relationship as a whole, by reference to the four aspects in regulation 1.15A(3) for married couples and regulation 1.09A(3) for de facto couples: the financial aspects, the nature of the household, the social aspects and the nature of the commitment.

These are aspects the Department assesses, not separate documents. The usual written evidence is one relationship statement from each partner, in their own words, plus Form 888 statements from people who know the couple. Couples who sponsor partner from Romania often have friends in several countries who can give Form 888 statements, as well as Australian family members who have met the Romanian partner. The guides on the relationship statement for a partner visa and on Form 888 witness statements, and the answer on statements from overseas friends, explain how these are prepared.

What does the sponsor need to do about returning to Australia?

When you sponsor partner from Romania while living in Europe yourself, you do not have to return to Australia before the application is lodged, but you should plan your return, make sure your own status allows it, and be ready to explain the couple's plans to live together.

Australian citizen sponsors

An Australian citizen can return to Australia at any time. A citizen sponsor living in Europe can lodge the sponsorship from overseas and move back when it suits the couple. The guide on a partner visa sponsor returning to Australia explains the practical steps, including evidence that the sponsor is re-establishing a home in Australia.

Permanent resident sponsors

A permanent resident sponsor living in Europe has a further issue: their own ability to re-enter Australia. A permanent visa allows travel to and from Australia only while its travel facility is valid, usually five years from grant. A permanent resident whose travel facility has expired while working in Europe may need a Resident Return visa before returning. When you sponsor partner from Romania as a permanent resident living overseas, check your own travel facility first. The guides on the sponsor's Resident Return visa and on a sponsor with an expired travel facility explain the risk.

Timing the move

The Subclass 309 visa must be used for a first entry to Australia before the date specified on the grant, which policy sets at 12 months from the date of grant. A couple who sponsor partner from Romania while both still live in Europe should plan their move so that the Romanian partner can make that first entry in time. The guide on the partner visa first entry deadline and the guide on arriving in Australia on a partner visa explain what happens next.

If the sponsor moves back to Australia first and the Romanian partner stays in Europe while the Subclass 309 is processed, the couple will be living apart. That is not a reason for refusal, but the evidence should show that the separation is temporary and that the move is a shared plan. The answer on whether the sponsor can live overseas while a Subclass 820 is processed explains the onshore equivalent.

What are the steps to sponsor partner from Romania?

The steps to sponsor partner from Romania are: confirm the sponsor's eligibility, choose between the offshore and onshore route, confirm the relationship basis, collect the Romanian documents and police certificates, gather the evidence of the shared household, lodge the visa application, lodge the sponsorship, and respond to Department requests until the decision.

• Check the sponsor. Confirm citizenship, permanent residence or eligible New Zealand citizen status, age, and that regulation 1.20J and regulation 1.20KC do not stand in the way.
• Choose the route. Decide whether the Romanian partner will lodge the Subclass 309 from Europe, the Subclass 820 in Australia, or the Subclass 300 as a fiancé.
• Confirm the relationship basis. Married, with a civil marriage certificate, or de facto, with at least 12 months of de facto relationship unless an exception applies.
• Order police certificates. The Romanian certificat de cazier judiciar and a certificate from every other country of residence.
• Collect civil documents. Birth and marriage certificates, divorce records and name change documents.
• Translate. Accurate English translations of every document not in English.
• Gather the shared household evidence. Leases, registrations, bills and bank records from every country the couple lived in.
• Prepare statements. One relationship statement from each partner and Form 888 statements.
• Lodge. The applicant lodges online in ImmiAccount and pays the charge; the sponsor then lodges the sponsorship.
• Respond. Provide health examinations, biometrics and further information when asked.

The guides on how to apply for a partner visa, the two-stage partner visa process and Form 80 for a partner visa explain the mechanics. Health examinations are arranged when the Department asks, with a panel physician, as the guide on the partner visa medical examination explains.

Why are partner visas for Romanian partners refused?

Partner visas for Romanian partners are refused for the same reasons as other partner visas: the Department is not satisfied the relationship is genuine and continuing, a required document or police certificate is missing, the sponsorship is not approved, or a health, character or integrity criterion is not met.

For couples who sponsor partner from Romania after living in Europe, the most common avoidable problems are:

• Missing police certificates. A certificate from a third country where the partner lived for 12 months or more is overlooked.
• Untranslated evidence. Leases, registrations and bank records are uploaded in Romanian or another language without translation.
• A gap in the household history. The couple lived together in two or three countries, but evidence covers only one.
• An invalid onshore application. The Romanian partner applied for the Subclass 820 after a visitor visa expired, or while holding a visa with condition 8503.
• Unexplained name differences. Diacritics, surname changes and different spellings across documents.
• Sponsor problems. A previous partner sponsorship within five years, or sponsor police checks not provided.

Each of these problems can be avoided before lodgement by a couple who sponsor partner from Romania with a full plan. The guides on why partner visas get refused, a partner visa refused for insufficient evidence and an invalid partner visa application explain these risks. The firm's partner visa refusals page explains how refused matters are handled.

Can a refused partner visa be reviewed at the ART?

Yes. A refusal of a Subclass 309, Subclass 820 or Subclass 300 visa can generally be reviewed by the Administrative Review Tribunal, but the review application must be made within 28 days after the applicant is notified of the decision, or 7 working days if the applicant is in immigration detention.

The 28-day limit comes from section 347 of the Migration Act 1958, and the Tribunal cannot extend it. The ART application fee for review of a partner visa refusal is AUD 3,727. For a Subclass 309 refusal, the visa applicant applies to the Tribunal in their own name and can do so from Romania or anywhere else outside Australia. For a Subclass 820 refusal, the applicant applies and must be in Australia. The Tribunal considers the evidence before it at the time of its own decision, so missing police certificates, translations and household evidence can be provided on review.

The guides on the partner visa appeal deadline, partner visa ART fees and partner visa ART evidence explain the process, and the answer on who applies for review of an offshore refusal deals with the Subclass 309 rule.

What have Tribunal decisions said about couples who lived together overseas?

Tribunal decisions show that evidence of a shared life overseas, police certificates obtained after the primary decision, and the difficulty of relocating offshore during processing are all matters the Tribunal considers, and that refusals on these points have been sent back to the Department when the evidence was properly put.

In Kaneva (Migration) [2019] AATA 388, a Subclass 820 matter, the issues recorded were a genuine relationship, a shared life, that the parties travelled and lived together overseas and in Australia, and that they managed financial commitments. The Tribunal remitted the matter, which means it sent it back to the Department for reconsideration.

In Morton-Hicks (Migration) [2023] AATA 4631, a Subclass 820 matter, the issues recorded were that the applicant submitted a copy of her French police clearance record, and whether public interest criterion 4001 or 4002 was satisfied. The Tribunal remitted the matter to the Department for reconsideration.

In Sandhu (Migration) [2018] AATA 1483, a Subclass 820 matter, the issues recorded were whether compelling reasons existed for not applying the Schedule 3 criteria, the length of the relationship, and the difficulty of relocating offshore while the application was processed. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions involved a Romanian applicant, and none predicts the result in another case. They do show that couples who sponsor partner from Romania and face a refusal based on missing European police certificates, thin evidence of their life overseas or an onshore timing problem can put better evidence before the Tribunal.

How My Migration Lawyers helps you sponsor partner from Romania

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters where the couple have lived together in Europe and must decide where and how to apply, and it is capable of handling a matter to sponsor partner from Romania from the first assessment to the decision and, where needed, Tribunal review. The firm deals with complex cases and acts in many partner visa matters of this type, including matters where the sponsor is still working overseas.

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

• Choosing the route. Advising whether the Subclass 309 from Europe, the Subclass 820 in Australia or the Subclass 300 fits the couple's work, travel and timing, and checking the Romanian partner's visa for condition 8503 before any onshore plan is made.
• Checking the sponsor. Confirming the sponsor's status, including a permanent resident's travel facility, and testing regulation 1.20J and regulation 1.20KC before lodgement.
• Mapping the residence history. Listing every country both partners have lived in, so that the Romanian certificat de cazier judiciar and every other police certificate is ordered at the right time.
• Reviewing Romanian documents. Reading the certificat de naștere, the certificat de căsătorie, divorce records and translations, and identifying name, diacritic and date differences that need explanation.
• Presenting the shared household. Organising leases, registrations, bills and bank records from each European country into a clear history. Each partner's relationship statement is their own account, reviewed and corrected by them, and the firm presents that account and the supporting evidence in the form the law requires.
• Responding to the Department. Answering requests for further information accurately and on time.
• Review when needed. Preparing and presenting an Administrative Review Tribunal review if a visa is refused.

The firm's partner visa lawyers work with sponsors across Australia and with couples still living overseas. The guides on an offshore partner visa lawyer and a complex partner visa lawyer, and the answer on whether an Australian partner visa lawyer can help if you live overseas, explain how the firm works with couples abroad. Matters are supervised by Weiwei Zhang, Principal Lawyer. Consultations are by video, so a couple in Bucharest, London or Berlin can speak with the firm without travelling.

If you want to sponsor partner from Romania and need advice on the route, the police certificates or the evidence of your life together in Europe, Book a Consultation with My Migration Lawyers, or call 1300 040 300.