Sponsoring a Partner From Saudi Arabia

If you want to sponsor partner from Saudi Arabia, the answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a spouse, de facto partner or fiancé who is a Saudi national, or who is a foreign national living in Saudi Arabia, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from Saudi Arabia, a couple will normally use one of three pathways: the offshore Subclass 309 and Subclass 100 partner visa, the onshore Subclass 820 and Subclass 801 partner visa if the partner is lawfully in Australia and able to apply there, or the Subclass 300 Prospective Marriage visa for an engaged couple.

The Australian law is the same for every country. The evidence is not. Couples who sponsor partner from Saudi Arabia usually face one of two sets of problems. Where the partner is a Saudi national, the main questions are about the marriage itself: whether Saudi government approval to marry a foreign national was needed and obtained, how the marriage contract was registered, and whether a marriage celebrated in Australia or a third country will be accepted. Where the partner is an expatriate who lives and works in Saudi Arabia, the main questions are about police certificates from two or more countries and about where and how the marriage was registered. This guide explains each of those issues. 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 Saudi Arabia to Australia?

Yes. You can sponsor partner from Saudi Arabia if you are an eligible sponsor, 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 separate visa for Saudi nationals or for people who live in Saudi Arabia. The partner applies under the same partner visa provisions in Schedule 2 to the Migration Regulations 1994 as an applicant from any other country. The relationship, health, character and sponsorship criteria are the same. The differences lie in how the marriage is proved and which police certificates are needed.

The relationship must fall into one of three categories:

• Married. The couple are in a married relationship under section 5F of the Migration Act 1958, based on a marriage that is valid and recognised in Australia.
• De facto. The couple are in a de facto relationship under section 5CB of the Migration Act 1958. Usually they must have been in that relationship for at least 12 months before the application is made, unless an exception applies.
• Engaged. The couple intend to marry, have met in person as adults, and apply for the Subclass 300 Prospective Marriage visa.

For many couples who sponsor partner from Saudi Arabia, the married category is the practical route, because many couples from conservative family backgrounds do not live together before marriage. The firm's answer on who can sponsor a partner visa sets out the eligibility rules in one place, and the answer on spouse and de facto partner visas explains the difference between the two categories.

Who can sponsor partner from Saudi Arabia?

To sponsor partner from Saudi Arabia, 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.

Each category of sponsor has its own evidence requirements. The guides for an Australian citizen partner visa sponsor, a permanent resident partner visa sponsor and a New Zealand citizen partner visa sponsor explain them, and the guide on partner visa sponsor eligibility brings them together.

Many Australian sponsors in these matters are themselves living or working in Saudi Arabia, for example on a work contract in Riyadh, Jeddah or the Eastern Province. An Australian citizen who lives overseas can still sponsor, but the sponsor's plans to return to Australia become part of the evidence. The guide for a partner visa sponsor living overseas and the answer on whether an Australian living overseas can sponsor a partner explain the rules. A permanent resident sponsor living overseas must also keep a valid travel facility, as the guide on a sponsor's resident return visa explains.

The sponsor's role

The applicant 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. It is decided inside the visa decision, and the Department does not send the sponsor a separate notice. If the sponsorship is not approved, the visa cannot be granted.

By sponsoring, the sponsor gives an undertaking 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 that means, and the answer on which documents a sponsor provides lists the usual sponsor evidence. There is no minimum income requirement, as the answer on whether a sponsor needs a minimum income explains.

Which visa fits when you sponsor partner from Saudi Arabia?

The right visa depends on where the partner is when the application is made and whether the couple are already married. When you sponsor partner from Saudi Arabia and your partner lives outside Australia, the usual pathway is the Subclass 309 and Subclass 100 visa; if your partner is in Australia on a visa that allows an onshore application, it may be the Subclass 820 and Subclass 801 visa; if you are engaged, it is the Subclass 300 visa.

Offshore: Subclass 309 and Subclass 100

The Subclass 309 partner visa is the temporary offshore stage. The applicant must be outside Australia when the application is made. One application covers both the temporary Subclass 309 and the permanent Subclass 100, and it is lodged online through ImmiAccount. The guide to the offshore partner visa and the answer on the Subclass 309 spouse visa explain the pathway.

Onshore: Subclass 820 and Subclass 801

The Subclass 820 partner visa is the temporary onshore stage. The applicant must be in Australia when the application is made. A partner who is in Australia on a visitor, student or other visa may be able to apply onshore, but visa conditions such as 8503 and the Schedule 3 criteria can stand in the way. The guide to the onshore partner visa and the comparison of onshore and offshore partner visas help couples choose.

Prospective Marriage: Subclass 300

The Subclass 300 visa allows a fiancé to travel to Australia, marry the sponsor within the visa period, and then apply onshore for the Subclass 820 visa. The couple must have met in person since both turned 18. For couples who sponsor partner from Saudi Arabia and prefer to marry in Australia, this can avoid some of the registration questions that arise when marrying in Saudi Arabia, although the Saudi partner's own position under Saudi rules is a separate matter. The answer on the Prospective Marriage visa requirements and the answer on meeting in person for a fiancé visa explain the criteria.

The cost and the time involved

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 published by the Department and checked on 13 October 2026. The guide to partner visa costs explains the charges for additional applicants.

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, and 50 per cent of Subclass 820 applications were finalised in 22 months and 90 per cent in 30 months. These are global figures and they change regularly. The guide to partner visa processing times explains what affects them. Couples who sponsor partner from Saudi Arabia can avoid much of the delay that comes from requests for further information by lodging the registered marriage contract, translations and every required police certificate at the start.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from Saudi Arabia, the same sponsorship limitations and sponsor police check rules apply as for any other country, and they can prevent the sponsorship from being approved.

Under regulation 1.20J of the Migration Regulations 1994, a person generally cannot sponsor more than two partners in a lifetime, and cannot sponsor a new partner within five years of the last sponsorship, unless there are compelling circumstances. A sponsor who was themselves granted a partner visa as a sponsored partner within the last five years faces a similar restriction. The page on partner visa sponsorship limitations explains these rules and when an exception may be available, and the guide on when a sponsor cannot sponsor a partner visa sets out the detail.

Under regulation 1.20KC, the Department may ask the sponsor for Australian and foreign police checks. 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. A sponsor who does not provide requested police checks within a reasonable time can also have the sponsorship refused. The guide on the partner visa sponsor police check explains the process. An Australian sponsor who has lived in Saudi Arabia may be asked for a Saudi certificate too, which raises the same residence issues discussed below for expatriate partners.

A sponsor who wants to sponsor partner from Saudi Arabia and has sponsored a previous partner, or has a criminal record, should obtain advice before the applicant lodges.

Saudi nationals and expatriates living in Saudi Arabia: two different applicants

People who want to sponsor partner from Saudi Arabia usually fall into one of two groups, and each group needs different evidence: partners who are Saudi nationals, and partners who are citizens of another country living and working in Saudi Arabia on a residence permit (the iqama).

Saudi Arabia has a very large expatriate workforce, and many sponsors who sponsor partner from Saudi Arabia met their partner at work there. Many Australians meet a partner there who is a citizen of India, Pakistan, the Philippines, Egypt, Jordan, Lebanon, the United Kingdom or another country, and who has lived in Saudi Arabia for years. For that partner, the issues are mostly practical: obtaining a Saudi police certificate while still resident, obtaining a certificate from the home country, and proving a marriage that may have been registered in Saudi Arabia, in the home country or somewhere else.

For a partner who is a Saudi national, the issues are mostly legal: whether the marriage needed Saudi government approval, whether the marriage contract was registered, and how a marriage celebrated outside Saudi Arabia is proved and recognised. Couples who sponsor partner from Saudi Arabia should identify at the start which group the partner belongs to, because it decides the evidence plan. The live guides on partner visas for Egyptian citizens, Pakistani citizens, Indian citizens and Filipino citizens cover the home-country documents for some of the largest expatriate communities.

Does a Saudi national need government permission to marry a foreigner?

Saudi rules have long required a Saudi national to obtain government approval before marrying a non-Saudi, generally from the Ministry of Interior, and some categories of Saudi nationals are restricted from marrying non-Saudis at all. Because these rules have been reported to change from time to time, couples who sponsor partner from Saudi Arabia should confirm the current requirement with the Saudi authorities before they marry.

The Regulation on Marriage of Saudi Nationals to Non-Saudis, adopted by ministerial decision in 2002, provides that marriage to a non-Saudi is subject to approval, with approval for most cases given by the Minister of Interior and, for nationals of other Gulf Cooperation Council states, through Saudi representative offices. The regulation also states that a non-Saudi spouse in a marriage concluded without the required approval may face consequences under Saudi law, such as refusal of entry or termination of residence, and that the Minister may approve a marriage after the event.

Why Saudi approval matters to an Australian partner visa

Australian law does not require a Saudi national to hold Saudi government approval before an Australian partner visa can be granted, and a sponsor can sponsor partner from Saudi Arabia without proving that approval as a separate criterion. The Department applies Australian law. But Saudi approval can still matter, for three reasons:

• Registration of the contract. If a marriage in Saudi Arabia required approval and approval was not obtained, the couple may not be able to obtain a registered marriage contract, which is the usual evidence of the marriage.
• Validity where solemnised. An overseas marriage is recognised in Australia only if it was valid under the law of the place where it was solemnised. If Saudi law treated a marriage as invalid, the Department may not accept it. If Saudi law treated it as valid but unapproved, the position is different, and the documents need to show which applies.
• Consistency of the account. The couple's statements, the marriage contract and the dates of any approval should tell one consistent story. Gaps between the approval date, the contract date and the date the couple say they married are the kind of inconsistency that leads to requests for information.

Couples who sponsor partner from Saudi Arabia should keep a copy of any approval and provide it with a translation. If approval was not sought, the couple should obtain advice before lodgement on how the marriage will be proved, and whether a de facto application or a marriage in Australia is the safer course.

Marriages concluded without approval

My Migration Lawyers does not advise on Saudi law, and nothing in this guide is advice about a Saudi national's position in Saudi Arabia. For the Australian application, the questions are whether a valid marriage can be proved and whether the relationship is genuine and continuing. Where a marriage was concluded without the approval Saudi rules required, the Department will look closely at the marriage documents. When you sponsor partner from Saudi Arabia in that situation, the evidence of the relationship itself becomes even more important, because the couple may need to rely on the de facto definition if the marriage cannot be proved.

How is a Saudi marriage contract proved?

A marriage concluded in Saudi Arabia is proved by the registered marriage contract (the aqd al-nikah), issued through the Saudi Ministry of Justice system, or, where the contract was not registered at the time, by a Saudi court decision establishing the marriage, in each case with an accurate English translation.

The Saudi Personal Status Law, issued by Royal Decree No. M/73 of 2022, provides that a marriage contract must be registered in accordance with the applicable provisions, and that an interested party may ask for an unregistered contract to be established. Contracts between Muslims are registered through licensed marriage registrars, and the Ministry of Justice operates an electronic system in which the registrar authenticates the contract and its terms before the marriage certificate is issued. Under the same law, contracts between non-Muslims are registered with a notary. The law also sets out conditions for a valid contract, including the consent of the spouses and the acceptance of the woman's guardian, and provides that a contract for a person under 18 may not be registered except where a court authorises it.

What the Department needs to see

When you sponsor partner from Saudi Arabia as a married couple, the marriage evidence usually includes:

• The marriage contract or certificate. The registered document issued through the Ministry of Justice system, or a certified copy.
• A court decision, where relevant. If the marriage was not registered when it took place and was later established by a Saudi court, the court decision should be provided, not only the later certificate.
• Any approval for marriage to a non-Saudi. Where one spouse is a Saudi national and the other is not, a copy of any approval obtained.
• Evidence that earlier marriages ended. Divorce or death records for any earlier marriage of either spouse.
• Full translations. Accurate English translations of every Arabic document, including stamps, seals and annotations.

Translation and dates

Translation is where many applications to sponsor partner from Saudi Arabia lose time. Saudi documents are usually issued in Arabic, and some show dates in the Hijri calendar as well as, or instead of, the Gregorian calendar. Every document that is not in English must be provided with an accurate English translation. A translation made in Australia should be prepared by a translator certified by NAATI. The translation should give dates in both calendars where the original uses the Hijri calendar, so that the case officer can compare them with the passport and the couple's statements. A one-day difference created by converting a Hijri date is easily explained. An unexplained difference is not. The guide on partner visa evidence translation, the answer on translating a marriage certificate for a marriage visa and the guide on the marriage certificate for a partner visa explain the standard.

Is the contract enough on its own?

No. A registered marriage contract proves the marriage, but it does not prove that the relationship is genuine and continuing. The Department assesses the relationship separately. The answer on whether a marriage certificate is enough for a spouse visa explains why, and the answer on what makes a marriage valid for a spouse visa sets out the legal test. Couples who sponsor partner from Saudi Arabia after a short engagement, or after an arranged introduction, should expect the relationship evidence to be read closely. The guide on arranged marriages in a partner visa and the answer on arranged marriages and the spouse visa explain how the Department approaches these relationships.

Is a marriage registered outside Saudi Arabia recognised?

Yes, if it was valid under the law of the place where it was celebrated and no exception in Part VA of the Marriage Act 1961 applies. Many couples who sponsor partner from Saudi Arabia marry in Australia, in a third country, or in the expatriate partner's home country, and each of those marriages is assessed under the same test.

Under sections 88C to 88E of the Marriage Act 1961, an overseas marriage is recognised in Australia if it was valid where it was solemnised, unless an exception applies, such as one party already being married, the parties being in a prohibited relationship, a party being under the required age, or one party not giving real consent. Department policy states the converse plainly: a marriage that is not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act 1958.

Marrying in Australia

A marriage solemnised in Australia under the Marriage Act 1961 is valid in Australia if the Australian requirements are met, including a Notice of Intended Marriage lodged at least one month before the wedding. Whether that marriage is later registered or recognised in Saudi Arabia is a question of Saudi law and does not decide the Australian visa. The answers on the Notice of Intended Marriage, how to get married in Australia and marrying in Australia on a visitor visa explain the process.

Marrying in a third country

Some couples who sponsor partner from Saudi Arabia marry in a third country, for example in the expatriate partner's home country or in a country where both can travel easily. The marriage must be valid under that country's law, and the official record from that country is the evidence. A religious ceremony that was not registered where it took place may not be recognised. The guides on overseas marriages recognised in Australia and an overseas marriage that is not recognised, and the answers on religious or cultural marriages for a partner visa and an unregistered marriage for a marriage visa, explain the risks.

Marriages by proxy or online

Couples separated by distance sometimes ask whether a marriage concluded through a representative, or by an online process, will be accepted. The answer depends on whether the marriage was valid where it took place and whether both parties were present in the way that law requires. The answer on proxy and online marriages for a spouse visa explains the Australian approach. Couples who sponsor partner from Saudi Arabia should not assume that an electronic registration process means a marriage can be concluded without both parties taking part in the ceremony.

How do earlier marriages, divorce and polygamy affect the application?

Every earlier marriage of either partner must be disclosed and its ending proved, and Australian law recognises only one marriage at a time: if either partner was still married to someone else when the couple married, the later marriage is not recognised as valid in Australia.

The Saudi Personal Status Law permits a man to be married to up to four wives at the same time. Australian law does not recognise a concurrent marriage. Department policy states that only the first marriage in a polygamous situation is capable of being recognised as a valid marriage, and that if either party has a concurrent marital relationship, neither relationship can satisfy the requirement in section 5F of a mutual commitment to a shared life to the exclusion of all others. When you sponsor partner from Saudi Arabia, an existing marriage of either partner is therefore a fundamental problem, not a technical one. The answer on polygamous marriages and the spouse visa and the guide on applying for a partner visa while still married explain the consequences.

Proving a divorce

The Saudi Personal Status Law requires a husband to register a divorce with the competent authority within 15 days of an irrevocable divorce. For the Australian application, a registered divorce document, or a court decision, with a translation, is the usual evidence that an earlier Saudi marriage has ended. A divorce that was pronounced but never registered can be hard to prove. Couples who sponsor partner from Saudi Arabia where either partner was married before should obtain the registered divorce document before lodgement. The guides on a partner visa after divorce and previous relationships in a partner visa, and the answer on a spouse visa while still divorcing, explain the evidence.

Which police certificates does a partner from Saudi Arabia need?

A partner generally needs a police certificate from every country where they have lived for 12 months or more in the last 10 years since turning 16. For a Saudi national that usually means a Saudi certificate. For an expatriate who lives in Saudi Arabia, it usually means a Saudi certificate and a certificate from the home country, and from any other country of residence.

The Saudi criminal record certificate

According to the Government of Canada's published guidance, the Saudi certificate is a criminal record certificate issued through the Criminal Evidence Division of the Saudi police, with fingerprints taken during the process, and a non-Saudi applying in Saudi Arabia must present the iqama. The same guidance states that only non-citizens who currently reside in Saudi Arabia can obtain a certificate, and that people who have left on a final exit visa may not be able to. The Australian Embassy in Riyadh advises residents to contact its consular section for current instructions, and advises people who are not currently in Saudi Arabia to contact the nearest Saudi Embassy.

The practical lesson for anyone who wants to sponsor partner from Saudi Arabia where the partner is an expatriate is simple: obtain the Saudi certificate before the partner leaves Saudi Arabia for good. Once the iqama has been cancelled, it may be very difficult or impossible to obtain one. If a certificate genuinely cannot be obtained, the applicant should provide evidence of the attempts made and an explanation. Where Department policy requires a statutory declaration about why a certificate cannot be obtained, that requirement should be followed exactly. The answer on what to do if you cannot get a police certificate explains the usual approach.

Saudi nationals living outside Saudi Arabia

A Saudi national who lives outside Saudi Arabia, for example while studying in Australia, may be able to request a certificate through a Saudi Embassy. This can take several weeks. The applicant should start early and keep evidence of the request.

The home country certificate and other countries

An expatriate partner who has lived in the home country for 12 months or more in the last 10 years since turning 16 also needs a certificate from that country. Many expatriates have also worked in other Gulf states, and each country where the 12-month test is met requires its own certificate. A certificate from one country never replaces a certificate from another. Couples who sponsor partner from Saudi Arabia should build a residence timeline first and work out every certificate from it.

The guide on partner visa overseas police certificates, the answer on police checks for a partner visa and the answer on how long police certificates and health checks are valid explain the practical steps. Certificates can expire during processing, which the guide on expired police checks in a partner visa addresses. Character is assessed under public interest criterion 4001 and section 501, as the guide on partner visa character requirements explains.

What identity documents does a partner from Saudi Arabia provide?

A partner usually provides a current passport, a national identity card or residence permit, a birth certificate, the marriage evidence described above, evidence that earlier marriages have ended, and police certificates, each with an English translation where the original is not in English.

To sponsor partner from Saudi Arabia, identity must be proved as carefully as the marriage. A Saudi national will usually provide a Saudi passport and national identity card. An expatriate will usually provide the passport of their home country, the iqama, and civil documents from the home country. Names written in Arabic may be transliterated into English in different ways in different documents, and family names may appear in a different order. Every version of the partner's name should be declared and any difference explained. The answers on different names or dates in documents and on how to correct a mistake in a partner visa application explain how this is done. Every answer must also be accurate under public interest criterion 4020, which deals with false or misleading information and bogus documents, as the guide on partner visa PIC 4020 explains. The guide to Form 80 for a partner visa explains the personal particulars form, which asks for a full history of residence and employment.

What relationship evidence do you need to sponsor partner from Saudi Arabia?

The Department assesses the relationship as a whole, looking at the four aspects in regulation 1.15A(3): 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 statements, and the same four aspects apply when you sponsor partner from Saudi Arabia as for any other country.

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. The guides on the four aspects of a partner visa relationship, the relationship statement for a partner visa and Form 888 witness statements explain how each piece is prepared.

Cultural practice and the evidence

Many couples who sponsor partner from Saudi Arabia have a relationship shaped by family involvement and conservative social expectations. The couple may not have lived together before the marriage contract. Families may have been central to the introduction, the engagement and the wedding. That is not a weakness, but the evidence must explain it. Where the couple did not live together before marriage, the relationship statements should say so and explain why, and the household evidence will start from the marriage. The answers on cultural or religious reasons for not living together and whether your families know about the relationship, and the guide on partner visa cultural differences, explain how this is approached.

Communication across languages

Couples may communicate in Arabic, English or a mix of both, and messages may need translating. Not every message needs translation, but representative samples should be translated so that the case officer can understand them. The answers on couples who speak different languages and on translating messages for a partner visa explain the approach. Where the couple have spent time apart, the guide on long-distance partner visa relationships explains what helps.

What health and other requirements apply?

A partner must also meet the health requirement, the character requirement, public interest criterion 4020, the debts to the Commonwealth criterion and the Australian values statement.

Health examinations are done when the Department asks for them, with a panel physician approved by the Department. Biometrics may also be requested at a collection point the Department nominates. Applicants should follow the instructions in the Department's request rather than assume a location. When you sponsor partner from Saudi Arabia, the health and character requirements apply to the applicant, while the sponsor's own checks are dealt with under regulation 1.20KC. The guides on the partner visa medical examination and on partner visa biometrics explain these steps.

What are the steps to sponsor partner from Saudi Arabia?

The steps to sponsor partner from Saudi Arabia are: confirm the sponsor's eligibility, choose the visa, confirm how and where the marriage was concluded and registered, collect and translate the documents, obtain every police certificate while the partner can still get it, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and respond to Department requests until the decision.

• Check the sponsor. Confirm the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen, aged 18 or over, and not caught by regulation 1.20J or regulation 1.20KC.
• Choose the visa. Decide between the Subclass 309 and Subclass 100, the Subclass 820 and Subclass 801, or the Subclass 300. The answer on the Subclass 820 versus the Subclass 309 helps with this.
• Confirm the marriage. Identify where the marriage was concluded, whether the contract was registered, whether any Saudi approval was required and obtained, and whether a court decision was needed.
• Check earlier marriages. Obtain registered divorce or death records for any earlier marriage of either partner.
• Map the residence history. List every country where the partner has lived for 12 months or more in the last 10 years since age 16.
• Get the police certificates. Obtain the Saudi criminal record certificate while the partner still holds legal residence, plus every other certificate required.
• Translate everything. Arrange full translations of Arabic documents, with Hijri dates converted.
• Prepare relationship evidence. One relationship statement from each partner, Form 888 statements, and evidence across the four aspects.
• Lodge the visa application. The applicant lodges online through ImmiAccount and pays the charge.
• Lodge the sponsorship. The sponsor lodges the sponsorship application using the applicant's transaction reference number.
• Respond to requests. Provide health examinations, biometrics, updated certificates and further information when asked.

Following these steps in order is the most reliable way to sponsor partner from Saudi Arabia without avoidable delay. The guides on how to apply for a partner visa, partner visa ImmiAccount uploads and the partner visa document checklist explain the mechanics.

What if your partner is already in Australia?

If the partner is already in Australia, the couple may be able to apply onshore for the Subclass 820 visa, but only if the partner can make a valid application in Australia and can meet or be excused from the Schedule 3 criteria.

Many couples who sponsor partner from Saudi Arabia meet while the partner is in Australia. Many Saudi nationals are in Australia as students, and many partners visit on visitor visas. A partner who holds a visa with condition 8503 (no further stay) cannot make a valid onshore application unless the condition is first waived. A partner who does not hold a substantive visa when applying, for example because a visa has expired, must usually satisfy Schedule 3 criteria 3001, 3003 and 3004, which can be waived for compelling reasons. Couples who sponsor partner from Saudi Arabia while the partner is in Australia should obtain advice before the partner's visa expires. The page on Schedule 3 waivers, the answers on condition 8503 and partner visas and a partner visa while on a student visa, and the guide on applying for a partner visa while on a tourist visa explain the rules.

Why are partner visas for partners from Saudi Arabia refused?

Partner visas for partners from Saudi Arabia are refused for the same legal reasons as any other partner visa: the relationship is not accepted as genuine and continuing, the marriage is not shown to be valid, the sponsorship is not approved, the information or documents are doubted, or a health or character criterion is not met.

When you sponsor partner from Saudi Arabia, some refusal risks are more likely than others:

• Marriage validity. A marriage that was not registered, a religious ceremony in a third country that was not registered there, or a marriage while either partner was still married.
• Missing police certificates. No Saudi certificate because the partner left on final exit before obtaining it, or no certificate from the home country.
• Short or arranged relationships. Limited evidence of the relationship before and after a marriage that followed a short engagement.
• Inconsistent dates. Contract dates, approval dates and the couple's statements that do not match, including errors in converting Hijri dates.
• Thin household evidence. No explanation of why the couple did not live together before marriage, or of long periods apart.
• Unanswered requests. A section 56 request or a section 57 letter that is not answered properly or in time.

Most of these risks can be reduced before lodgement, which is why preparation matters when you sponsor partner from Saudi Arabia. The guides on why partner visas get refused, the Department's section 56 requests and the section 57 natural justice letter, and the answer on a spouse visa refused even though the couple are married, explain these grounds. 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 outside Australia. For a Subclass 820 refusal, the applicant applies and must be in Australia. The Tribunal reconsiders the case on the evidence before it at the time of its own decision. For couples who sponsor partner from Saudi Arabia, that can mean a registered marriage contract, a court decision establishing the marriage, a registered divorce, or the police certificates that were missing at the time of the refusal.

The guides on the partner visa appeal deadline, partner visa ART fees and the partner visa ART review process, and the answer on who applies for review of an offshore refusal, explain the steps.

What have Tribunal decisions said about marriages in other countries and police certificates?

Tribunal decisions show that marriages concluded in a third country, and police certificates provided after the Department's decision, are matters the Tribunal examines on the evidence before it, and that a refusal can be sent back to the Department when that evidence is properly put.

In 2201197 (Migration) [2024] AATA 672, a Subclass 309 matter, the issues recorded were a genuine and continuing relationship, a visa applicant who was a refugee in a third country, a couple validly married in a fourth country, and the nature of the commitment. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.

In Ergetu (Migration) [2020] AATA 3790, a Subclass 300 matter, the issues recorded were that the couple were validly married in a third country between the delegate's decision and the Tribunal's determination, and that the regulations required remittal for consideration as a partner visa. The Tribunal remitted the matter to the Department for reconsideration.

In Bernhardt (Migration) [2019] AATA 2462, a Subclass 820 matter, the issues recorded were that information relating to character and criminal history had not been provided, and that the applicant had since provided the relevant police certificates. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions involved a partner from Saudi Arabia, and none guarantees any result in another case. Each turns on its own evidence, and a sponsor who wants to sponsor partner from Saudi Arabia should not read them as predicting an outcome. They do show that couples who sponsor partner from Saudi Arabia and face a refusal about where they married or a missing police certificate can put the missing evidence before the Tribunal.

How My Migration Lawyers helps you sponsor partner from Saudi Arabia

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters involving Saudi marriage contracts, marriages between Saudi nationals and foreign nationals, marriages registered in Australia or third countries, earlier marriages and divorces, and police certificates for expatriates resident in Saudi Arabia, and it is capable of handling a matter to sponsor partner from Saudi Arabia from the first assessment through to the decision and, where needed, Tribunal review. The firm deals with complex cases and acts in many partner visa matters of this type.

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

• Checking the sponsor first. Confirming eligibility, including for sponsors living in Saudi Arabia, and testing the sponsorship limitations in regulation 1.20J and the police check rules in regulation 1.20KC.
• Reviewing the marriage evidence. Reading the marriage contract, any court decision establishing the marriage, any approval for marriage to a non-Saudi and the translations, and advising whether the marriage is likely to be recognised under Part VA of the Marriage Act 1961.
• Advising on where to marry. Where a couple are not yet married, explaining the Australian consequences of marrying in Saudi Arabia, in Australia or in a third country, and when the Subclass 300 visa or a de facto application may fit better.
• Checking earlier marriages. Confirming that every earlier marriage has ended and is proved by a registered document.
• Planning the police certificates. Building the residence timeline and making sure the Saudi certificate is obtained while the partner still holds legal residence, along with every other certificate.
• Presenting the relationship evidence. Organising the couple's evidence across the four aspects. 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 section 56 requests and section 57 letters 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 in every Australian State and Territory, and with partners and sponsors overseas, by video. The guide to complex partner visa lawyer work, the guide to working with an offshore partner visa lawyer and the answer on whether there is a partner visa lawyer who handles complex cases explain how the firm approaches this work. The answer on using a partner visa lawyer while living overseas explains how the firm works with clients outside Australia. Matters are supervised by Weiwei Zhang, Principal Lawyer.

If you want to sponsor partner from Saudi Arabia and you are unsure about the marriage contract, the police certificates or the right visa, Book a Consultation with My Migration Lawyers, or call 1300 040 300.