Sponsoring a Partner From the Seychelles

If you want to sponsor partner from the Seychelles, the answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a Seychellois spouse, de facto partner or fiancé, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from the Seychelles, couples 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 can apply there, or the Subclass 300 Prospective Marriage visa for an engaged couple.

The law is the same for every country. What is different for many Seychellois couples is the way the relationship started. A large share of these relationships begin on holiday, at a resort, on a dive boat, in a restaurant or through work in the islands' tourism and hospitality industry. The couple fall in love quickly, spend a few weeks together, and then face the question of how to stay together. That is when the legal problem appears: the de facto rules, the marriage rules and the Prospective Marriage rules all ask how long and how deeply the couple have known each other. This guide is written for couples in exactly that position. For the wider 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 the Seychelles to Australia?

Yes. You can sponsor partner from the Seychelles 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 special visa for citizens of the Seychelles. A Seychellois partner applies under the same partner visa criteria in Schedule 2 to the Migration Regulations 1994 as an applicant from any other country. The relationship, health, character and sponsorship criteria are identical. The difference lies in the facts that couples typically bring: a short relationship, little or no time living together, long periods apart across the Indian Ocean, and a decision about whether to marry, become engaged or wait.

The three relationship types are:

• 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, and usually that relationship has existed for at least 12 months before the application is made.
• Engaged. The couple have met in person as adults, are known to each other personally and intend to marry in Australia, and apply for the Subclass 300 Prospective Marriage visa.

The firm's answer on who can sponsor a partner visa sets out the basic rules in one place.

Why does a holiday romance change how you sponsor partner from the Seychelles?

A relationship that began on holiday or through tourism work is legally no different from any other relationship, but it usually has a short history, little shared living and few joint documents, so the couple must choose the visa and the relationship basis carefully. When you sponsor partner from the Seychelles after meeting on holiday, the main risk is not that the Department disapproves of how you met. The main risk is applying on a basis the facts cannot yet support.

The patterns the law has to deal with

In practice, couples who sponsor partner from the Seychelles tend to fall into a few patterns:

• The visitor and the local. An Australian visits the Seychelles on holiday and meets a Seychellois partner who works in a hotel, guesthouse, restaurant, tour operation or dive centre. The Australian returns home, the couple keep in contact, and the Australian visits again.
• The two workers. An Australian works in the Seychelles for a season or a contract, often in hospitality, yachting or marine work, and meets a Seychellois partner there. They may live together for some months before the contract ends.
• The partner who travels. The Seychellois partner visits Australia, or both partners meet in a third country, and the relationship develops through repeated visits.
• The fast decision. After a short relationship, the couple decide to marry, sometimes in the Seychelles, sometimes at a destination wedding, and then apply.

None of these patterns is a reason for refusal, and none of them prevents a couple from going on to sponsor partner from the Seychelles. The guide on partner visas for short relationships explains why the length of a relationship is a factor, not a bar.

What a case officer actually asks

A case officer does not ask whether the couple met in a romantic setting. A case officer asks the questions the law sets: Are the couple married or de facto, or genuinely engaged? Do they have a mutual commitment to a shared life as spouses to the exclusion of all others? Is the relationship genuine and continuing? And for a de facto couple, did the relationship exist for 12 months before the application?

Couples who sponsor partner from the Seychelles after a holiday romance often have answers that are true but thin. They have photographs and messages, but no lease, no joint bank account and few people in Australia who have seen them together. The evidence has to work harder. The guides on partner visas when the couple met online and on long-distance partner visa relationships deal with the same problem from slightly different angles.

Relationships that start at a guest's hotel

Some relationships begin while one partner is a guest and the other works at the property. That is common and lawful. It does mean the couple should be ready to describe, honestly and consistently, how the relationship moved from a guest and staff interaction to a personal relationship, when it became exclusive, and when each of them told their family. For anyone who wants to sponsor partner from the Seychelles after meeting this way, a clear account given early is far more persuasive than a vague account that has to be corrected later. Inconsistent stories about how a couple met are one of the most common sources of doubt, as the guide on partner visa interview inconsistencies explains.

Who can sponsor partner from the Seychelles?

To sponsor partner from the Seychelles, 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 prevented by the sponsorship limitations.

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 partner visa sponsor eligibility brings the rules together.

The sponsor's role in the application

The applicant lodges the visa application first, online through ImmiAccount. The sponsor then lodges an online sponsorship application using the applicant's transaction reference number. 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 no separate notice is sent to the sponsor. If the sponsorship is not approved, the visa cannot be granted. The guide on partner visa Form 40SP explains the sponsorship form, and the guide on the partner visa sponsor undertaking explains the promise the sponsor makes to support the applicant with accommodation and financial assistance, as reasonably necessary, for the first two years.

There is no minimum income requirement for an Australian who wants to sponsor partner from the Seychelles, as the answer on whether a sponsor needs a minimum income explains. The answer on which documents a sponsor provides lists the usual sponsor evidence.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from the Seychelles, the sponsorship limitations and the sponsor police check rules apply in full, and they can stop the sponsorship being approved regardless of how genuine the relationship is.

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. This matters for couples who sponsor partner from the Seychelles, because a sponsor who meets a new partner on holiday may have sponsored a previous partner not long before. The commercial page on partner visa sponsorship limitations and the guide on when a sponsor cannot sponsor a partner visa explain the rules and the exceptions.

Under regulation 1.20KC, the Department may ask the sponsor for Australian and overseas 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 checks within a reasonable time can also have the sponsorship refused. If the sponsor has lived or worked in the Seychelles, the Department may ask for a Seychelles police certificate for the sponsor as well. 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.

Does the 12-month de facto rule apply when you sponsor partner from the Seychelles?

Yes. If you sponsor partner from the Seychelles on the basis of a de facto relationship for a Subclass 309, Subclass 820 or similar partner visa, regulation 2.03A(3) of the Migration Regulations 1994 generally requires the de facto relationship to have existed for at least 12 months immediately before the application is made.

This is the single most important rule for couples who met on holiday and now want to sponsor partner from the Seychelles. Many couples assume that the 12 months start when they first met, or when they started messaging. They do not. The 12 months is a period of de facto relationship, which means a period during which the couple already met the definition in section 5CB of the Migration Act 1958.

What a de facto relationship means in law

Under section 5CB, two people are in a de facto relationship if they are not married to each other, they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they are not related by family. All of these elements must be present before the clock starts, and couples who sponsor partner from the Seychelles should date each one honestly.

For couples who sponsor partner from the Seychelles, the difficult element is often the shared life. Two people who spent a fortnight together on Mahé or Praslin and then returned to their own lives may have a genuine romance, but they may not yet have a mutual commitment to a shared life to the exclusion of all others. That commitment can grow while the couple are apart. The point is that the law looks for the date when it existed, not the date when the couple met. The answer on when the 12-month de facto period starts and the answer on the legal definition of a de facto relationship explain this in more detail.

Time apart does not automatically stop the clock

A de facto couple does not have to have lived under one roof for every day of the 12 months. Couples who sponsor partner from the Seychelles are often apart for months between visits. Periods apart for work, visa or family reasons do not end a de facto relationship, as long as the couple do not live separately and apart on a permanent basis and the commitment continues. The evidence must show how the relationship carried on during the separation. The answers on time apart during the 12-month de facto period and on living together overseas for 12 months explain how the Department approaches separations.

A short de facto relationship is not a genuineness problem

Department policy makes an important distinction. The 12-month rule in regulation 2.03A is a separate requirement from the definition in section 5CB. A couple can be genuine de facto partners under section 5CB and still fail regulation 2.03A because the relationship had not lasted 12 months when they applied. Policy says it would be an error of law to refuse a visa on the basis that the applicant is not a de facto partner merely because the relationship had lasted less than 12 months. In other words, the short duration is a timing failure, not a finding that the relationship is fake. The firm's guide on the Subclass 820 de facto 12-month requirement and the answer on a de facto visa refused under the 12-month rule explain the consequences.

What are the exceptions to the 12-month rule?

There are three main exceptions that matter to couples who sponsor partner from the Seychelles: the de facto relationship is registered under a prescribed Australian State or Territory law, the applicant establishes compelling and compassionate circumstances, or the sponsor holds or applied for a permanent humanitarian visa in the circumstances set out in regulation 2.03A(4). A couple who marry validly also step outside the de facto rule entirely.

Registering the relationship in Australia

Under regulation 2.03A(5), the 12-month minimum does not apply if the de facto relationship is registered under a law of an Australian State or Territory that is prescribed for this purpose. Department policy lists the relationship registers in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. A receipt showing that registration has been applied for is not enough. The relationship must actually be registered. Policy also accepts that registration can occur after the visa application is lodged, provided it happens before the decision.

Registration is not available to every couple who want to sponsor partner from the Seychelles. Each State or Territory register sets its own eligibility rules, including residence requirements and, in some places, a waiting period, and the Seychellois partner may need to be in Australia to sign the documents. A relationship registered in another country is not a prescribed registration for this purpose. The answers on where to register a relationship in Australia, registering a relationship while the partner is overseas, registering a relationship on a tourist visa and an overseas registered relationship explain the practical limits. The answers on registering in New South Wales, Victoria and Queensland explain the State processes.

Registration removes the 12-month requirement for those who sponsor partner from the Seychelles on a de facto basis. It does not remove the need to prove that the relationship is genuine and continuing. A couple who register after a short holiday romance still need evidence across the four aspects of the relationship.

Compelling and compassionate circumstances

Under regulation 2.03A(3)(b), the 12 months can be waived if the applicant establishes compelling and compassionate circumstances for the grant of the visa. Department policy describes this as a high threshold. Examples given include a dependent child of the relationship. Policy states that a pregnancy at the time of application is not, on its own, considered to meet the threshold, although unusual circumstances surrounding a pregnancy may. Policy also states that the genuineness of the relationship is not, by itself, a compelling and compassionate circumstance. A couple who want to sponsor partner from the Seychelles cannot rely on how strong their feelings are to avoid the 12 months. The answer on compelling and compassionate circumstances for a partner visa and the guide on partner visa compelling circumstances explain the test.

Applying before the 12 months are up

Some couples apply early and hope the Department will be lenient. The 12-month rule is assessed against the date the application was made, not the date of decision, so waiting during processing does not cure the problem. A couple who apply too early on a de facto basis usually have to rely on registration, a compelling and compassionate case or a later marriage. The answer on applying before 12 months of de facto relationship and the answer on marrying after applying as de facto partners explain the options.

Marry, Prospective Marriage visa or wait: which is right when you sponsor partner from the Seychelles?

The right choice depends on how long the couple have been together, whether they genuinely want to marry now, where they want to marry and how much evidence they hold. For couples who sponsor partner from the Seychelles after a short relationship, there are three lawful choices: marry in a valid ceremony and apply as spouses, become engaged and apply for the Subclass 300 visa, or wait until the de facto relationship has lasted 12 months.

Option one: marry, then apply as spouses

A married couple do not need to meet the 12-month de facto requirement. If the couple marry in a ceremony that is valid where it takes place, and the marriage is recognised in Australia, they can apply as spouses for the Subclass 309 or Subclass 820 visa. The guide on overseas marriages recognised in Australia explains the test.

Marriage is not a shortcut around genuineness for anyone who wants to sponsor partner from the Seychelles. A marriage soon after meeting is lawful, but the Department will still assess whether the couple have a mutual commitment to a shared life as spouses to the exclusion of all others. A marriage certificate on its own does not prove that. The answers on marrying soon after meeting and on whether a marriage certificate is enough explain this. Couples should marry because they want to be married, not only to avoid the de facto rule.

Option two: the Subclass 300 Prospective Marriage visa

The Subclass 300 visa allows an engaged partner who is outside Australia to travel to Australia, marry the sponsor within the visa period, and then apply onshore for the Subclass 820 and Subclass 801 visa. Under clause 300.214, the couple must have met in person since each turned 18 and must be known to each other personally. Department policy states that contact by phone or the internet is not meeting in person. A couple who first met face to face in the Seychelles meet that requirement.

The couple must also genuinely intend to marry within the visa period and to live together as spouses. Department policy expects a signed letter from the authorised marriage celebrant who will conduct the ceremony, stating the date or date range and venue and, in most cases, confirming that a Notice of Intended Marriage has been lodged. The visa is generally granted for 9 to 15 months. The applicant must be outside Australia when the application is made.

Two conditions are mandatory. Condition 8515 means the visa holder must not marry or enter into a de facto relationship before entering Australia. Condition 8519 means the holder must marry the sponsor within the visa period. A couple who hold a Subclass 300 visa and then decide to marry in the Seychelles before travelling would breach condition 8515. The answers on the Prospective Marriage visa requirements, having met in person for a fiancé visa, the Notice of Intended Marriage, the wedding date for a fiancé visa and marrying overseas on a Prospective Marriage visa explain these rules.

When couples sponsor partner from the Seychelles, the Subclass 300 suits those who are genuinely engaged, want to marry in Australia with the sponsor's family present, and do not yet have 12 months of de facto relationship. It does not suit a couple who are unsure about marriage. The answer on why Prospective Marriage visas are refused explains the usual failure points.

Option three: wait and build the relationship

Waiting is often the safest legal choice for a couple who want to sponsor partner from the Seychelles but are not ready to marry. If the couple spend real time together, keep evidence of their contact and plans, and apply once the de facto relationship has existed for 12 months, they avoid the timing problem altogether. The cost is time apart. The answer on the Subclass 820 versus the Subclass 309 and the answer on spouse versus de facto visas help couples weigh the choices.

During the waiting period, the Seychellois partner may visit Australia. A visitor must be a genuine visitor, and any partner relationship should be declared honestly in the visitor visa application. The answers on mentioning a partner on a visitor visa application and the guide on moving from a tourist visa to a partner visa explain the risks.

What does Australian law require if you marry in the Seychelles?

A marriage celebrated in the Seychelles is recognised in Australia if it was valid under Seychelles law where it was celebrated, subject to the exceptions in section 88D of the Marriage Act 1961, such as either party already being married, the parties being in a prohibited relationship, a party being under age, or a party not giving real consent.

The Seychelles Civil Status Office registers marriages. According to the Seychelles Immigration and Civil Status information, banns are published for 11 days before the marriage, a special licence can shorten that period, and both parties must be present to register the marriage. The minimum age to marry is 18. The Australian High Commission in Mauritius, which covers the Seychelles, states that a church wedding without a civil ceremony is not recognised as legal in the Seychelles, so the civil marriage is the step that matters for an Australian partner visa.

For a marriage between a Seychellois citizen and a foreigner, the Seychelles Civil Status information lists documents for the foreign party that include an apostilled birth certificate, a certificate showing they are free to marry, any divorce or death certificate, and a police character certificate. The Seychelles marriage certificate can be apostilled by the Supreme Court Registry before the couple leave the islands. Couples who sponsor partner from the Seychelles after a destination wedding should check that the civil registration was completed and obtain the registered certificate, not only a ceremony keepsake. The answers on a valid marriage for a spouse visa, an overseas marriage recognised for a partner visa and an unregistered marriage, and the guide on an overseas marriage that is not recognised, explain the risks.

To sponsor partner from the Seychelles as a married couple, any previous marriage of either partner must have ended before the new marriage. A sponsor who is separated but not divorced cannot validly remarry. The guide on applying for a partner visa while still married explains the problem.

What relationship evidence works when you sponsor partner from the Seychelles after a short relationship?

The Department assesses the relationship as a whole across 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. For a short relationship, the strongest evidence usually comes from the commitment and social aspects, supported by a clear timeline.

The four aspects are matters 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. The guide on the four aspects of a partner visa relationship, the guide on the relationship statement for a partner visa and the guide on Form 888 witness statements explain how these are prepared.

Evidence from the first weeks

Early evidence is easy to lose and hard to recreate. Couples who sponsor partner from the Seychelles should keep:

• Travel records. Booking confirmations, boarding passes, passport stamps and accommodation records showing when the Australian partner was in the Seychelles and for how long.
• The first messages. Screenshots or exports showing when contact started, how often it continued and how the relationship deepened. Messages in Seychellois Creole or French may need translating.
• Photographs with context. Dated photographs that show the couple together in different places and with friends or family, not only in one holiday setting.
• Introductions to family. Evidence that each partner met or spoke with the other's family, and how families responded.
• Return visits. Every later visit is strong evidence that the relationship continued beyond the holiday.

The guides on partner visa travel evidence, partner visa chat evidence and partner visa social media evidence explain what case officers find useful.

Evidence while apart

The time between visits is where many couples who sponsor partner from the Seychelles are weakest. Regular calls, shared planning, money sent to help with travel or living costs, gifts, and plans for where the couple will live all show commitment. The financial aspect does not need joint accounts at this stage. It needs evidence that the couple support each other and plan their finances together. The guide on partner visa evidence for couples living apart and the answer on a long-distance relationship partner visa explain how to present it.

Explaining the speed of the relationship

When a couple sponsor partner from the Seychelles after only a few months, the relationship statements should explain, plainly, why the couple decided to commit when they did. A sensible explanation is ordinary human reasoning: the time they spent together, what they learnt about each other, the conversations about children, faith, work and where to live, and the families' reactions. The statements are each partner's own evidence. They should be accurate rather than polished. The guide on weak partner visa evidence explains how gaps are usually addressed.

What documents does a Seychellois partner need?

A Seychellois partner usually needs a current passport, a birth certificate, a marriage certificate if married, evidence that any previous marriage has ended, a police certificate from the Seychelles and from every other country lived in for 12 months or more in the last 10 years since turning 16, and English translations of any document that is not in English.

Language matters when you sponsor partner from the Seychelles. The Seychelles has three national languages: Seychellois Creole, English and French. Many civil status records are issued in English, but some documents may be in French or contain French entries, and those must be translated. The guide on partner visa evidence translation and the firm's partner visa document checklist explain the requirements.

The Seychelles police certificate

The Seychelles police certificate is generally known as a character certificate and is issued by the Commissioner of Police at Police Headquarters in Victoria, Mahé. A person in the Seychelles generally applies in person with identity documents and has fingerprints taken. A person who has left the Seychelles generally applies in writing. Police certificates can expire during processing, so timing matters to anyone who wants to sponsor partner from the Seychelles. The guides on partner visa overseas police certificates and on expired police checks, and the answer on how long police certificates and health checks are valid, explain this.

An Australian sponsor who worked in the Seychelles for a season may also need a Seychelles character certificate if the Department requests sponsor police checks under regulation 1.20KC.

Health, character and integrity

A Seychellois partner must also meet the health requirement, the character requirement, public interest criterion 4020 on bogus documents and false information, the debts to the Commonwealth criterion and the Australian values statement. Health examinations and biometrics are done when the Department requests them, through the Department's nominated providers. The guides on the partner visa medical examination, partner visa biometrics, partner visa character requirements and partner visa PIC 4020 explain these criteria.

What are the steps to sponsor partner from the Seychelles?

The steps to sponsor partner from the Seychelles are: check the sponsor, decide the relationship basis and the visa, gather the Seychelles documents, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and respond to the Department 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 is not caught by regulation 1.20J or regulation 1.20KC.
• Map the timeline. Write down when the couple met, when the relationship became exclusive, every visit, and any period of living together. This tells you whether a de facto application is yet possible.
• Choose the basis. Decide whether the couple will apply as spouses, as de facto partners (with 12 months or a registered relationship), or as an engaged couple for the Subclass 300.
• Choose the visa. For a partner outside Australia, the Subclass 309 and Subclass 100 or the Subclass 300. For a partner lawfully in Australia who can apply onshore, possibly the Subclass 820 and Subclass 801.
• Get the documents. Passport, birth certificate, marriage certificate if married, divorce or death certificates, and the Seychelles character certificate.
• Prepare the 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, police certificates and any further information when asked.

Following these steps in order is the most reliable way to sponsor partner from the Seychelles without avoidable refusal risk. The guides on how to apply for a partner visa, the offshore partner visa and partner visa evidence after lodgement explain the mechanics, and the Subclass 309 partner visa page explains the offshore pathway.

How much does it cost and how long does it take to sponsor partner from the Seychelles?

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. Additional charges apply where couples who sponsor partner from the Seychelles include dependent children in the application. Couples who sponsor partner from the Seychelles should also budget for police certificates, translations, health examinations and travel. The guide to partner visa costs explains the charges.

Processing is slow. 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. For the Subclass 300, the figures were 14 months and 26 months. These figures are global, not country-specific, and they change often. For couples choosing between a Subclass 300 now and waiting to apply for a Subclass 309 later, the time already spent waiting for the 12 months may be small compared with processing time. The guide to partner visa processing times and the answer on Prospective Marriage visa processing times explain what affects them.

What if the Seychellois partner is already in Australia?

If the Seychellois 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. The Subclass 300 cannot be applied for in Australia.

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 no longer holds a substantive visa when applying must usually meet Schedule 3 criteria 3001, 3003 and 3004, which can be waived for compelling reasons. An onshore de facto application is still subject to the 12-month rule. Couples who sponsor partner from the Seychelles while the partner is visiting should get advice before the visitor visa expires. The Subclass 820 partner visa page, the page on Schedule 3 waivers, the guide on applying for a partner visa while on a tourist visa and the answer on condition 8503 and partner visas explain the rules. The answer on applying for a Prospective Marriage visa in Australia explains why the Subclass 300 is offshore only.

Why are partner visas refused after short relationships?

Partner visas after short relationships are usually refused because the de facto relationship had not existed for 12 months when the application was made, the Department was not satisfied the relationship was genuine and continuing, the evidence was thin or inconsistent, the couple did not show a genuine intention to marry for a Subclass 300, or the sponsorship was not approved.

When you sponsor partner from the Seychelles, the most common refusal risks are:

• Applying too early. A de facto application lodged before 12 months, with no registration and no compelling and compassionate circumstances.
• No shared life yet. Evidence of a romance, but not of a mutual commitment to a shared life to the exclusion of all others.
• Inconsistent accounts. The partners give different dates for when they met, when they became exclusive or how the guest and staff relationship developed.
• A Subclass 300 without firm plans. No celebrant's letter, no Notice of Intended Marriage and no clear intention to marry within the visa period.
• Marrying in breach of condition 8515. Marrying before first entry on a Subclass 300.
• Sponsor problems. A previous partner sponsorship within five years, or police checks not provided.

Most of these risks can be dealt with before lodgement, which is why the timing decision matters so much for couples who sponsor partner from the Seychelles. The guides on why partner visas get refused, on a refusal for insufficient evidence, on a non-genuine relationship refusal and on the section 57 natural justice letter 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 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 matter on the evidence before it at the time of its own decision. For couples who sponsor partner from the Seychelles, that can matter a great deal: a relationship that was new at lodgement may have years of history by the time of a hearing, and a couple who were engaged may have since married. The guides on the partner visa appeal deadline, partner visa ART fees, the partner visa ART review process and new evidence at the ART, and the answers on who applies for review of an offshore refusal and a fiancé visa refused where the couple are now married, explain the steps.

What have Tribunal decisions said about the 12-month rule and intention to marry?

Tribunal decisions show that the 12-month rule, registered relationships and the genuine intention to marry are issues the Tribunal examines closely, and that refusals on these issues can be sent back to the Department when the evidence is properly put.

In Agostin (Migration) [2019] AATA 1108, a Subclass 820 matter, the issues recorded were that the de facto relationship fell short by 2 months of the 12-month requirement, and the de facto definition. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.

In Lai (Migration) [2019] AATA 5651, a Subclass 820 matter, the issues recorded were a de facto relationship of at least 12 months and a relationship registered under Victorian State law. The Tribunal remitted the matter to the Department for reconsideration.

In Zaidi (Migration) [2018] AATA 5666, a Subclass 300 matter, the issues recorded were a genuine intention to marry, a Notice of Intended Marriage, frequent communication and consistent oral evidence. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions involved a Seychellois applicant, and none guarantees any result in another case. Each turns on its own facts and evidence. They show that couples who sponsor partner from the Seychelles and are refused on timing or intention grounds may be able to put better evidence, or a changed legal position such as registration, before the Tribunal.

How My Migration Lawyers helps you sponsor partner from the Seychelles

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters that began as holiday romances or through work in tourism and hospitality, and it is capable of handling a matter to sponsor partner from the Seychelles from the first timing decision through to the visa decision and, where needed, Tribunal review. The firm deals with complex cases and acts in many partner visa matters involving short relationships, the 12-month de facto rule and the choice between marriage and the Prospective Marriage visa.

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

• Building the timeline first. Mapping when the couple met, when the relationship became exclusive, every visit and every period together, so the right basis is chosen before anything is lodged.
• Testing the 12-month rule. Advising whether a de facto application is available now, whether registration under an Australian State or Territory law is realistic, or whether compelling and compassionate circumstances can genuinely be argued.
• Advising on marriage or engagement. Explaining what a valid Seychelles civil marriage requires for recognition under Part VA of the Marriage Act 1961, and what the Subclass 300 requires, including the celebrant's letter and condition 8515.
• Checking the sponsor. Testing the sponsorship limitations in regulation 1.20J and the police check rules in regulation 1.20KC.
• Reviewing the Seychelles documents. Checking the passport, birth and marriage certificates, any divorce records and the character certificate, and arranging for translations where needed.
• Presenting the relationship evidence. Organising the couple's evidence from the first weeks onwards 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 and reviewing refusals. Answering section 56 requests and section 57 letters, 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, including through the firm's pages for Sydney, Melbourne, Brisbane and Perth, and with partners overseas, by video. The guides on complex partner visa lawyer work and on the offshore partner visa lawyer explain how the firm approaches this work. Matters are supervised by Weiwei Zhang, Principal Lawyer.

If you want to sponsor partner from the Seychelles and you are unsure whether to marry, apply for the Prospective Marriage visa or wait for the 12 months, Book a Consultation with My Migration Lawyers, or call 1300 040 300.